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Is (International) Commercial Arbitration ADR?

Luke R. Nottage

University of Sydney - Faculty of Law; University of Sydney - Australian Network for Japanese Law

The Arbitrator and Mediator, Vol. 20, pp. 83-92, 2002

This paper takes issue with the dogmatic view that Alternative Dispute Resolution (ADR) is limited to interest-based resolution of disputes by agreement without any element of third-party determination of legal rights, thus excluding arbitration from its compass. Arbitration's roots in party autonomy gives it many forms, sometimes overlapping with more evaluative forms of mediation or other ADR processes. Reinstating (especially international commercial) arbitration on the ADR spectrum is a more promising way to address critical issues facing our civil justice systems.

Number of Pages in PDF File: 11

Keywords: arbitration, ADR, civil dispute resolution

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Date posted: November 7, 2005  

Suggested Citation

Nottage, Luke R., Is (International) Commercial Arbitration ADR?. The Arbitrator and Mediator, Vol. 20, pp. 83-92, 2002. Available at SSRN: http://ssrn.com/abstract=838044

Contact Information

Luke R. Nottage (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
University of Sydney - Australian Network for Japanese Law
Room 640, Building F10, Eastern Avenue
Sydney, NSW 2006
Feedback to SSRN

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