<abstract xmlns="http://www.w3.org/1999/xhtml"><p>Mediation as a popular method of ADR is more and more often used while solving cross border disputes. Although the mediation clauses are included into the commercial contracts almost automatically, no attention is paid to its validity, enforceability and other legal consequences. The article provides a study on the nature of mediation clauses that crucially influences the law governing validity of mediation clauses. It is the position of the author that mediation clauses are primary institutes of the substantive law and thus the governing law should be determined in accordance with the Rome I regulation.</p></abstract>

Mediation as a popular method of ADR is more and more often used while solving cross border disputes. Although the mediation clauses are included into the commercial contracts almost automatically, no attention is paid to its validity, enforceability and other legal consequences. The article provides a study on the nature of mediation clauses that crucially influences the law governing validity of mediation clauses. It is the position of the author that mediation clauses are primary institutes of the substantive law and thus the governing law should be determined in accordance with the Rome I regulation.

Nature of Mediation Clauses from the Point of View of Private International Law

International and Comparative Law Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

{"article-title":"Nature of Mediation Clauses from the Point of View of Private International Law"}

Mediation as a popular method of ADR is more and more often used while solving cross border disputes. Although the mediation clauses are included into the...

Nature of Mediation Clauses from the Point of View of Private International Law

Publié en ligne: 07 févr. 2020

Pages: 224 - 238

DOI: https://doi.org/10.2478/iclr-2019-0022

Mots clés
Mediation clause, substantive law, procedural law, governing law, foreign element, Rome I regulation

© 2019 Miluše Hrnčiříková, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Nature of Mediation Clauses from the Point of View of Private International Law

Publié en ligne: 07 févr. 2020

Pages: 224 - 238

DOI: https://doi.org/10.2478/iclr-2019-0022

Mots clésMediation clause, substantive law, procedural law, governing law, foreign element, Rome I regulation

© 2019 Miluše Hrnčiříková, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Mots clés
Mediation clause, substantive law, procedural law, governing law, foreign element, Rome I regulation