The role of alternative dispute resolution (ADR) scheme in the settlement of disputes within commercial transactions

Research Paper (postgraduate) , 2003 , 57 Pages

Business economics - Law

Society's desire for easier and quicker access to justice has led to the development of Alternative Dispute Resolution (ADR). 'Alternatives' to litigation, such as arbitration, mediation and banking ombudsman are examined as to their efficiency and capabilities in the settlement of (international) commercial disputes. It is concluded whether litigation can be replaced by ADR in case where commercial disputes arise. Also, there is discussion about the emergence of Online Dispute Resolution (ODR).

TABLE OF CONTENTS

Chapter 1: The Alternative Dispute Resolution (ADR) Movement – Introduction And Definitions
1.1 The ‘New’ Wave
1.2 Background
1.3 The Notion Of Disputes
1.4 The Notion Of Settlement

Chapter 2: Presentation Of The Alternative Dispute Resolution Processes Available For The Settlement Of Commercial Disputes
2.1 The Basic Processes In Commercial Dispute Resolution
2.2 Arbitration
2.2.1 The Arbitration Procedure
2.2.2 The Legal Framework For International Commercial Arbitration
2.2.3 Harmonisation Of Law-Uncitral Model Law
2.2.4 International Chamber Of Commerce
2.2.5 American Arbitration Association
2.3 Mediation
2.3 1 The Mediation Process
2.3.2 Wipo Arbitration And Mediation Centre
2.3.3 Icann
2.4 Banking Ombudsman

Chapter 3: The Picture Of Adr Scheme In Relation To Litigation
3.1 Why The Adr Scheme Is Distinguished From Other Methods Of Resolving Dispute In The Commercial Field
3.1.1 Advantages
3.1.2 Disadvantages
3.2 Qualifications And Skills Necessary For The Best And Right Selection Of The ‘Alternative’ Third Parties
3.3 Courts And Litigation

Chapter 4: Conclusions
4.1 Is Adr Capable Of Replacing The Court Proceedings When Dealing With (International) Commercial Disputes
4.2 The Emergence Of Online Dipsute Resolution (Odr)
4.3 Recommedations-Conclusions

References

Appendices

• Author: Katerina Sidiropoulou (Author)
• Publication Year: 2003
• Pages: 57
• Catalog Number: V317295
• ISBN (eBook): 9783668179288
• ISBN (Book): 9783668179295
• Language: English