Legislating, Decision-Making, Practice and Education
Edited by Mary Hiscock and William van Caenegem
Chapter 16: International Arbitration and Competing Dispute Resolution Options
Lawrence Boulle* INTRODUCTION Since Ogg and Ugg, from rival villages, asked Igg, from a neutral third village, to resolve the disputed sale of a pig, ‘cross-border commercial arbitration’ has been practised in many categories of disputes and in multiple locations. The combined impetus of the lex mercatoria of medieval traders and merchants, domestic legislative and judicial policy in contemporary legal systems, and numerous multilateral and bilateral international treaties and conventions have given status, impact and currency to the practice of arbitration across borders. The ‘internationalisation’ tendencies of the current age extend to many social phenomena, including dispute resolution systems, and this chapter examines aspects of the internationalisation of dispute resolution in the context of economic globalisation. It considers three topical factors relative to the management of cross-border disputes, namely the appropriateness of different systems, relative degrees of privacy and confidentiality, and the enforceability of outcomes, and to the dynamic nature of changes in this area, including the development of regulation, standards and quality in international practice. It reflects on possible future developments in the internationalisation of dispute resolution, including the phenomenon of blending and combining into so-called hybrid dispute resolution systems, and to possible illustrative models for evolutionary development in this area. The chapter is woven around the central question of the extent to which mediation provides a challenge to arbitration for the resolution of international business, investment and trade disputes.1 Among the policy goals of all dispute resolution processes are those of meeting the commercial needs and securing the...
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