Alternative Dispute Resolution and Private International Law

Abstract

This article deals with Alternative Dispute Resolution (ADR) and the private international law rules applicable to it. We will provide a brief overview of the rise of ADR world-wide, different forms of ADR and the legal issues they raise, before we address conflicts of laws issues. These include the rules applicable to the chosen ADR procedure (between the parties and between the parties and the third-party neutral), the effects of that procedure on simultaneous or subsequent adversarial procedures, the law applicable to the substance of the dispute and how it affects the ADR procedure, the law applicable to a settlement agreement, and how such an agreement can be enforced in a cross-border setting. Arbitration is a special case, and we will deal with it in a separate section.

Keywords: Alternative Dispute Resolution, Arbitration, Mediation, Private International Law, Conflicts of Laws

JEL Classification: K10, K12, K33