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Is (International) Commercial Arbitration ADR?

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

11 Pages Posted: 7 Nov 2005  

Luke R. Nottage

The University of Sydney Law School ; The University of Sydney - Australian Network for Japanese Law

Abstract

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.

Keywords: arbitration, ADR, civil dispute resolution

Suggested Citation

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

Luke R. Nottage (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

The University of Sydney - Australian Network for Japanese Law

Room 640, Building F10, Eastern Avenue
Sydney, NSW 2006
Australia

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