Alternative Dispute Resolution
Think Tank Programme
Alternative Dispute Resolution (ADR) is any dispute resolution process that is not subject to state courts. ADR includes Arbitration, Mediation, and Negotiation. Arbitration and Mediation are methods of dispute resolution whereby the parties agree to have their disputes resolved by one or more private individuals, i.e., the arbitrators or mediators rather than by a court of law. Arbitration and Mediation require the agreement of the parties, which is usually given via an arbitration clause or mediation agreement that is inserted into the contract. The decision of the arbitrator(s) is final and binding on the parties based on their initial agreement to arbitrate, while the agreement resulted from mediation is not binding upon parties. International arbitration and mediation are frequently used in commercial, interstate, and foreign investment disputes. Negotiation process stems from the parties’ will and mutuality. It does not involve a third facilitator meaning the process of dispute resolution is completely on parties’ own discretion.
Lead for GRN Think Tank Programme in Alternative Dispute Resolution
Bauyrzhan is a young specialist with experience in legal research on international arbitration. During his education at the Pennsylvania State University, Penn State Law as an LL.M student, he worked as a Research Assistant for Prof. Catherine Rogers on the project of the American Law Institute: “Restatement of the Law, the U.S. Law of International Commercial and Investor-State Arbitration”. This institute focuses on a clarification of the U.S. law and its statutory elements, represents the law from the court’s view. His responsibilities are cite-checking, proof-reading and case analysis.
Bauyrzhan Zhanadilov holds an LL.B with honours from Sh.Ualikhanov Kokshetau State University (Kazakhstan).
Lead for GRN Think Tank Programme in Alternative Dispute Resolution
Asset Kussaiyn is from Kazakhstan. He is currently pursuing his PhD at the China University of Political Science and Law, where his research focuses on dispute resolution in the Belt and Road Initiative.
Before joining the Penn State Law LLM-program, Asset was practicing in one of the leading law firms in Kazakhstan, where he was involved in the dispute resolution division, actively working with arbitration and litigation matters in courts of the United Kingdom and the Bahamas.
He is a STIP Foundation scholarship awardee at the Hague Academy of International Law in 2019.
Dr Emilia Onyema
SOAS University of London
Emilia Onyema is a Reader in International Commercial Law and Interim Pro-Director Learning and Teaching and teaches international commercial arbitration and international investment law at SOAS University of London. She is qualified to practice law in Nigeria, is a Solicitor in England & Wales, Fellow of Chartered Institute of Arbitrator and independent arbitrator.
- Amro, I., Online Arbitration in Theory and in Practice: A Comparative Study of Cross-Border Commercial Transactions in Common Law and Civil Law Countries, Newcastle upon Tyne, Cambridge Scholars Publishing, 2019.
- Ali, S.F. and T. Ginsburg, International Commercial Arbitration in Asia, New York, Juris, 2013.
- Bell, G.F. (ed.), The UNCITRAL Model Law and Asian Arbitration Laws: Implementation and Comparisons, Cambridge, Cambridge University Press, 2018. [e-book]
- Bench Nieuwveld, L., and V.C. Sahani, Third-Party Funding in International Arbitration (2nd ed.), Alphen a/d Rijn, Kluwer Law International, 2017.
- Bermann, G.A., Recognition and Enforcement of Foreign Arbitral Awards: The Interpretation and Application of the New York Convention by National Courts, Cham, Springer, 2017. [e-book]
- Betz, K., Proving Bribery, Fraud, and Money Laundering in International Arbitration: On Applicable Criminal Law and Evidence, Cambridge, Cambridge University Press, 2017.
- Born, G., International Arbitration and Forum Selection Agreements: Drafting and Enforcing (5th ed.), Alphen aan de Rijn, Kluwer Law International, 2016.
- Brekoulakis, S. (et al.)(eds.), The Evolution and Future of International Arbitration, Alphen aan den Rijn, Wolters Kluwer, 2016.
- Conrad, N., International Commercial Arbitration: Standard Clauses and Forms: Commentary, Basel, Helbing Lichtenhahn, 2013.
- Franke, U. (et al.) (eds.), Arbitrating for Peace: How Arbitration Made a Difference, Alphen aan den Rijn, Wolters Kluwer, 2016. [e-book]
- Goeler, J. von, Third-Party Funding in International Arbitration and its Impact on Procedure, Alphen aan den Rijn, Wolters Kluwer, 2016.
- Hayward, B., Conflict of Laws and Arbitral Discretion: The Closest Connection Test, Oxford, Oxford University Press, 2017.
- Jensen, J.O., Tribunal Secretaries in International Arbitration, Oxford, Oxford University Press, 2019.
- Kaplan, N., and M.J. Moser (eds.), Jurisdiction, Admissibility and Choice of Law in International Arbitration: Liber Amicorum Michael Pryles, Alphen a/d Rijn, Kluwer Law International, 2018. [e-book]
- Kidane, W.L., The Culture of International Arbitration, New York, NY, Oxford University Press, 2017.
- Najjar, N., Arbitration and International Trade in the Arab Countries, Leiden, Brill Nijhoff, 2018.
- Paulsson, J., The Idea of Arbitration, Oxford, Oxford University Press, 2013.
- Paulsson, M., The 1958 New York Convention in Action, Alphen a/d Rijn, Kluwer Law International, 2016.
- Piers, M., and C. Aschauer (eds.), Arbitration in the Digital Age: The Brave New World of Arbitration, Cambridge, Cambridge University Press, 2018. [e- book]
- Rogers, C.A., Ethics in International Arbitration, Oxford, Oxford University Press, 2014.
- Shaughnessy, P., and S. Tung (eds.), The Powers and Duties of an Arbitrator: Liber Amicorum Pierre A. Karrer, Alphen aan den Rijn: Kluwer Law International, 2017.
- Stone Sweet, A., and F. Grisel, The Evolution of International Arbitration: Judicialization, Governance, Legitimacy, New York, NY, Oxford University Press, 2017. [e-book]
- Uluc, I., Corruption in International Arbitration, SJD Dissertations, 2016. [e-book]
- Wang, F.F., Online Arbitration, Abingdon, Oxon, New York, NY, Informa Law from Routledge, 2018.
- Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958).
- ICC Rules of Arbitration 2012 (International Chamber of Commerce).
- Holtzmann, H.M. (et al.), A Guide to the 2006 Amendments to the UNCITRAL Model Law on International Commercial Arbitration : Legislative History and Commentary, Alphen a/d Rijn, Kluwer Law International, 2015.
- Mangan, M. (et al.), A Guide to the SIAC Arbitration Rules, Oxford, Oxford University Press, 2014.
- Reisman, W.M. (et al.), International Commercial Arbitration: Cases, Materials and Notes on the Resolution of International Business Disputes (2nd ed.), St Paul, MN, Foundation Press, 2015.
- Schutze, R., Aschauer, C., Institutional Arbitration: Article-by-Article Commentary, Munchen, Beck, 2013United Nations, Reports of international arbitral awards, 1948-…, New York, United Nations, vol. 1 – vol. 30.
- UNCITRAL Model Law on International Commercial Arbitration (Vienna, 21 June 1985, with amendments as adopted in 2006).
- American Review of International Arbitration
- Arbitration International
- Collection of ICC Arbitral Awards
- Collection of Procedural Decisions in ICC Arbitration 1993-1996
- Dispute Resolution International;
- ICC International Court of Arbitration Bulletin
- ICCA Congress Series
- Journal of International Arbitration
- McGill Journal of Dispute Resolution
- Pepperdine Dispute Resolution Law Journal
- Transnational Dispute Management
- Vindobona Journal of International Commercial Law and Arbitration
- World Arbitration and Mediation Review
- World Trade and Arbitration Materials
- Yearbook Commercial Arbitration
Databases & Links
- WIPO Arbitration and Mediation Center
- London Court of International Arbitration
- Chartered Institute of Arbitrators
- International Commercial Arbitration, Cornel University Law Library
- International Commercial Arbitration: Resources in Print and Electronic Format
- International Council for Commercial Arbitration