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
Date posted: November 7, 2005