Arbitration & Alternative Dispute Resolution (ADR)
Arbitration & alternative dispute resolution are methods of resolving disputes outside of the traditional court system.
Arbitration is a process in which an independent third party, called an arbitrator, hears and decides a dispute between two or more parties. The parties to the dispute agree in advance to accept the arbitrator’s decision as final and binding. Arbitration can be either voluntary, meaning the parties agree to submit their dispute to arbitration after a dispute has arisen, or mandatory, meaning the parties are required by law or contract to submit to arbitration in the event of a dispute.
ADR refers to a range of dispute resolution processes that are alternatives to litigation, including mediation, conciliation, and negotiation. ADR processes are typically less formal and more flexible than arbitration or litigation, and they often involve the use of a neutral third party to facilitate communication and facilitate the resolution of the dispute.
In the international context, arbitration and ADR can be used to resolve disputes between parties from different countries. International arbitration is governed by various international conventions and protocols, such as the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. These conventions provide a framework for the recognition and enforcement of arbitration agreements and arbitral awards in different countries. International ADR is less formal than international arbitration and is governed by a variety of different rules and procedures, depending on the specific ADR process being used.
Richard Marcon has been advocating and practicing out-of-court dispute resolution for over two decades.
For the Mediterranean Middle East Campus of Sciences Po Paris in Menton, he has crafted and teaches a course entitled “Arbitration & Alternative Dispute Resolution in the International Context”.