Recent research indicates that the current default system of international dispute resolution, by litigation in national courts, is not satisfactory for Micro, Small and Medium sized Enterprises (“MSMEs”). MSMEs generally respond to this dissatisfaction with either artificially restrict their cross-border trade or expose themselves to unacceptable risks. This project examines how these dispute resolution risks for MSMEs engaged in domestic and cross-border trade and investment can be mitigated. The project sets out to explore four different lines of inquiry:
the types of counter-party disputes encountered by MSME domestically and how they are resolved
the types of counter-party disputes encountered by MSME exporters and importers;
the current approaches to resolving such cross border disputes; and
the response of MSMEs to alternative processes - such as, but not limited to, mediationor arbitration domestically - such as, but not limited to, international mediation, arbitration or a Bi/Multilateral Arbitration Treaty (“BAT”) regime with mediation windows (“BAMAT”) or a Bi/Multilateral Mediation Treaty (“BMT”) regime, making mediation and/or arbitration the default dispute resolution process/es in cross-border commercial disputes.
The research is led by Professor Petra Butler, Victoria University of Wellington. Supported by Georgia Whelan and Hanneke van Oeveren.
–Australian National University, Canberra, Australia
-New Zealand Institute of Economic Research, New Zealand
02. –Brussels, Belgium
03. –Johannes Kepler Universität Linz, Oberösterreich, Austria
Professor Andreas Geroldinger & Christina Geissler