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Dispute Resolution

Introduction Simon Bushell Herbert Smith LLP 3

Australia Steven Glass, Amy Annan, Airlie Goodman and Lena Vanmali Gilbert + Tobin 5

Austria Gerold Zeiler and Wolfgang Höller Schönherr 11

Belgium Joe Sepulchre, Hakim Boularbah and Charlotte Marquet Liedekerke Wolters Waelbroeck Kirkpatrick 19

COMPLIANCE – A CENTRAL THEME OF MODERN GERMAN CORPORATE LAW?

As a legal term, ‘compliance’ is hard to grasp. The German translation would simply mean the adherence to legal provisions. Compliance, as a “legal transplant” of Anglo-American commercial law, goes back to the US “Federal Sentencing Guidelines” that were introduced in the early 90s of the last century in order to stem corporate crime.

THE INTERACTION BETWEEN ARBITRATION AND MEDIATION: VISION V REALITY

Arbitration and mediation are two forms of dispute resolution that have existed for a long time but are rarely combined. This article seeks to explore some of the reasons for this, and whether, in fact, a combination of both processes could further and improve both dispute resolution practices by providing new disciplines and options for each of these methods.