Pub Date : 2019-05-29DOI: 10.1163/9789004407411_008
Locknie Hsu
This chapter posits that international organizations (IOs) can be positive role models in the promotion of effective dispute resolution in a number of ways. The Asian Infrastructure Investment Bank, an IO which is of relatively recent vintage, has the advan-tage of being able to study and absorb best practices in all international and specialist dispute settlement tribunals. It also stands poised to articulate a set of best aspirations and to transform them through implementation into reality.
{"title":"The Role of International Organizations in Promoting Effective Dispute Resolution in the 21st Century","authors":"Locknie Hsu","doi":"10.1163/9789004407411_008","DOIUrl":"https://doi.org/10.1163/9789004407411_008","url":null,"abstract":"This chapter posits that international organizations (IOs) can be positive role models in the promotion of effective dispute resolution in a number of ways. The Asian Infrastructure Investment Bank, an IO which is of relatively recent vintage, has the advan-tage of being able to study and absorb best practices in all international and specialist dispute settlement tribunals. It also stands poised to articulate a set of best aspirations and to transform them through implementation into reality.","PeriodicalId":220619,"journal":{"name":"International Organizations and the Promotion of Effective Dispute Resolution","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115416188","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-05-29DOI: 10.1163/9789004407411_009
Wenwen Liang
This chapter is not intended to challenge the legitimacy of the role played by the World Bank in the establishment of the International Centre for Settlement of Investment Disputes (icsid). Instead, the purpose is to identify and look into the key legality and legitimacy concerns about icsid’s establishment from an international law perspective, taking into consideration the evolving legality and legitimacy discourses over the last decades. In particular, it examines the features and background of icsid’s creation, the role of the World Bank therein, the legal basis of such a role under international institutional law and the law of treaties, and the procedures employed by the World Bank in its formulation of the icsid Convention. This chapter sheds some light on how similar initiatives of international organizations may be undertaken to comply with legality and legitimacy requirements, in order to better recommend themselves
{"title":"The World Bank and the Creation of the International Center for Settlement of Investment Disputes: Legality and Legitimacy","authors":"Wenwen Liang","doi":"10.1163/9789004407411_009","DOIUrl":"https://doi.org/10.1163/9789004407411_009","url":null,"abstract":"This chapter is not intended to challenge the legitimacy of the role played by the World Bank in the establishment of the International Centre for Settlement of Investment Disputes (icsid). Instead, the purpose is to identify and look into the key legality and legitimacy concerns about icsid’s establishment from an international law perspective, taking into consideration the evolving legality and legitimacy discourses over the last decades. In particular, it examines the features and background of icsid’s creation, the role of the World Bank therein, the legal basis of such a role under international institutional law and the law of treaties, and the procedures employed by the World Bank in its formulation of the icsid Convention. This chapter sheds some light on how similar initiatives of international organizations may be undertaken to comply with legality and legitimacy requirements, in order to better recommend themselves","PeriodicalId":220619,"journal":{"name":"International Organizations and the Promotion of Effective Dispute Resolution","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129501194","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-05-29DOI: 10.30965/9789004407411_016
R. Ramakrishnan
On 5 and 6 September 2018, the Asian Infrastructure Investment Bank (aiib) held its second annual Legal Conference at the aiib Headquarters in Beijing, China. The Legal Conference was organized by the aiib’s Office of the General Counsel (ogc) as part of aiib’s second annual Legal Week (3–7 September 2018). The Legal Week was organized around three events: (i) the Legal Conference; (ii) the aiib Law Lecture; and (iii) a series of internal trainings for aiib staff. The Legal Conference and Law Lecture provided a forum to convey the aiib’s multilateral, rule-of-law-based, public service mandate to an influential and engaged external audience. The Legal Conference brought together over 80 conference participants, drawn from more than 20 different international organizations (IOs), to examine the role of IOs in promoting effective dispute resolution. Participants also included distinguished international law practitioners and eminent academics. Contributing to the interesting and engaging panel discussions were participants from the highest levels of IOs as well as representatives of the China International Economic and Trade Arbitration Commission, Hong Kong International Arbitration Centre, Singapore International Arbitration Centre, Dubai International Financial Centre Dispute Resolution Authority, International Chamber of Commerce International Court of Arbitration and London Court of Arbitration. Over two days, five panels, each chaired by a member of aiib ogc’s management team, addressed the following topics: (i) potential of dispute resolution to drive development; (ii) development of dispute resolution through international arbitration; (iii) emergence of modern procedures intended to enhance the effectiveness of dispute resolution; (iv) challenges faced by the wide range of dispute resolution facilities afforded by IOs; and (v) consequences to dispute resolution of the international legal status possessed by IOs.
{"title":"2018 AIIB Legal Conference Report","authors":"R. Ramakrishnan","doi":"10.30965/9789004407411_016","DOIUrl":"https://doi.org/10.30965/9789004407411_016","url":null,"abstract":"On 5 and 6 September 2018, the Asian Infrastructure Investment Bank (aiib) held its second annual Legal Conference at the aiib Headquarters in Beijing, China. The Legal Conference was organized by the aiib’s Office of the General Counsel (ogc) as part of aiib’s second annual Legal Week (3–7 September 2018). The Legal Week was organized around three events: (i) the Legal Conference; (ii) the aiib Law Lecture; and (iii) a series of internal trainings for aiib staff. The Legal Conference and Law Lecture provided a forum to convey the aiib’s multilateral, rule-of-law-based, public service mandate to an influential and engaged external audience. The Legal Conference brought together over 80 conference participants, drawn from more than 20 different international organizations (IOs), to examine the role of IOs in promoting effective dispute resolution. Participants also included distinguished international law practitioners and eminent academics. Contributing to the interesting and engaging panel discussions were participants from the highest levels of IOs as well as representatives of the China International Economic and Trade Arbitration Commission, Hong Kong International Arbitration Centre, Singapore International Arbitration Centre, Dubai International Financial Centre Dispute Resolution Authority, International Chamber of Commerce International Court of Arbitration and London Court of Arbitration. Over two days, five panels, each chaired by a member of aiib ogc’s management team, addressed the following topics: (i) potential of dispute resolution to drive development; (ii) development of dispute resolution through international arbitration; (iii) emergence of modern procedures intended to enhance the effectiveness of dispute resolution; (iv) challenges faced by the wide range of dispute resolution facilities afforded by IOs; and (v) consequences to dispute resolution of the international legal status possessed by IOs.","PeriodicalId":220619,"journal":{"name":"International Organizations and the Promotion of Effective Dispute Resolution","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116274587","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-05-29DOI: 10.1163/9789004407411_004
J. V. H. Hof, R. Holland
This chapter provides an overview of arbitration conducted pursuant to the arbitration rules of the London Court of International Arbitration (lcia) and specifically identi-fies why the arbitrator appointment and challenge mechanisms set out thereunder enable a robust, efficient and transparent arbitral procedure. It also looks to the lcia’s practice of publishing vital information about lcia arbitration, including in respect of the average duration and costs of an arbitration, and calls for the broader dissemina-tion of such information by all arbitral institutions to inform and benefit users.
{"title":"What makes for Effective Arbitration? A Case Study of the London Court of International Arbitration Rules","authors":"J. V. H. Hof, R. Holland","doi":"10.1163/9789004407411_004","DOIUrl":"https://doi.org/10.1163/9789004407411_004","url":null,"abstract":"This chapter provides an overview of arbitration conducted pursuant to the arbitration rules of the London Court of International Arbitration (lcia) and specifically identi-fies why the arbitrator appointment and challenge mechanisms set out thereunder enable a robust, efficient and transparent arbitral procedure. It also looks to the lcia’s practice of publishing vital information about lcia arbitration, including in respect of the average duration and costs of an arbitration, and calls for the broader dissemina-tion of such information by all arbitral institutions to inform and benefit users.","PeriodicalId":220619,"journal":{"name":"International Organizations and the Promotion of Effective Dispute Resolution","volume":"11 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113963843","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-05-29DOI: 10.1163/9789004407411_006
Jingzhou Tao, Ma Zhong
China has been continuously making progress to improve its arbitration environment over the past several years. In the context of the Belt and Road Initiative (the bri), the Chinese government expressly called for judicial support for alternative dispute resolution in China, including international arbitration. In response, the Supreme People’s Court of China (spc) issued several judicial documents by the end of 2017 in order to standardize and improve Chinese judiciaries’ review of arbitration-related matters. Furthermore, innovative measures were taken with respect to China’s Free Trade Zones (ftz) concerning redefinition of foreign-related factors, which had an impact on whether foreign-invested enterprises in China could submit their disputes to arbitration abroad, and under what circumstances to permit ad hoc arbitration in China. Various Chinese arbitration institutions have also updated their arbitration service. The establishment of the China International Commercial Court (the cicc) is also a notable development as it seeks to integrate and streamline the mechanisms of litigation, arbitration and mediation. It also features such innovations as an expert committee,
{"title":"Resolving Disputes in China: New and Sometimes Unpredictable Developments","authors":"Jingzhou Tao, Ma Zhong","doi":"10.1163/9789004407411_006","DOIUrl":"https://doi.org/10.1163/9789004407411_006","url":null,"abstract":"China has been continuously making progress to improve its arbitration environment over the past several years. In the context of the Belt and Road Initiative (the bri), the Chinese government expressly called for judicial support for alternative dispute resolution in China, including international arbitration. In response, the Supreme People’s Court of China (spc) issued several judicial documents by the end of 2017 in order to standardize and improve Chinese judiciaries’ review of arbitration-related matters. Furthermore, innovative measures were taken with respect to China’s Free Trade Zones (ftz) concerning redefinition of foreign-related factors, which had an impact on whether foreign-invested enterprises in China could submit their disputes to arbitration abroad, and under what circumstances to permit ad hoc arbitration in China. Various Chinese arbitration institutions have also updated their arbitration service. The establishment of the China International Commercial Court (the cicc) is also a notable development as it seeks to integrate and streamline the mechanisms of litigation, arbitration and mediation. It also features such innovations as an expert committee,","PeriodicalId":220619,"journal":{"name":"International Organizations and the Promotion of Effective Dispute Resolution","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114629223","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-05-29DOI: 10.1163/9789004407411_003
Cavinder Bull
This chapter will discuss how international arbitration institutions have been innovating and improving rapidly in the last few years in order to meet the needs of users. Institutional rules have introduced provisions for emergency arbitrators, expedited proceedings and summary dismissal, just to name a few. Whilst there is still room for improvement, such innovations have helped to keep arbitration relevant and effective. The competition between various arbitral institutions has also contributed positively to spur arbitral institutions to do better. The beneficiaries of this dynamic are the parties that use international arbitration for dispute resolution as well as international trade more generally.
{"title":"An Effective Platform for International Arbitration: Raising the Standards in Speed, Costs and Enforceability","authors":"Cavinder Bull","doi":"10.1163/9789004407411_003","DOIUrl":"https://doi.org/10.1163/9789004407411_003","url":null,"abstract":"This chapter will discuss how international arbitration institutions have been innovating and improving rapidly in the last few years in order to meet the needs of users. Institutional rules have introduced provisions for emergency arbitrators, expedited proceedings and summary dismissal, just to name a few. Whilst there is still room for improvement, such innovations have helped to keep arbitration relevant and effective. The competition between various arbitral institutions has also contributed positively to spur arbitral institutions to do better. The beneficiaries of this dynamic are the parties that use international arbitration for dispute resolution as well as international trade more generally.","PeriodicalId":220619,"journal":{"name":"International Organizations and the Promotion of Effective Dispute Resolution","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126483292","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-05-29DOI: 10.1163/9789004407411_015
Georg Nolte
The United Nations International Law Commission occasionally deals with the law relating to international organizations. A well-known example is its work in prepara-tion of the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations of 1986. It is less well-known, but perhaps more important for the practice of international organizations, that the Commission has in recent years also addressed other relevant issues in this field. Those include the responsibility of international organizations (2011), the role which the practice of international organizations may play in the interpretation of their constituent instruments (2018) and in the formation of customary international law (2018), as well as considerations on whether the topic ‘Settlement of disputes to which international organizations are parties’ (2016) should be put on its agenda. This chapter reflects the 2018 aiib Law Lecture, summarizing the work of the Commission on these aspects of the law of international organizations and engages in some general reflections.
{"title":"2018 AIIB Law Lecture: International Organizations in the Recent Work of the International Law Commission","authors":"Georg Nolte","doi":"10.1163/9789004407411_015","DOIUrl":"https://doi.org/10.1163/9789004407411_015","url":null,"abstract":"The United Nations International Law Commission occasionally deals with the law relating to international organizations. A well-known example is its work in prepara-tion of the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations of 1986. It is less well-known, but perhaps more important for the practice of international organizations, that the Commission has in recent years also addressed other relevant issues in this field. Those include the responsibility of international organizations (2011), the role which the practice of international organizations may play in the interpretation of their constituent instruments (2018) and in the formation of customary international law (2018), as well as considerations on whether the topic ‘Settlement of disputes to which international organizations are parties’ (2016) should be put on its agenda. This chapter reflects the 2018 aiib Law Lecture, summarizing the work of the Commission on these aspects of the law of international organizations and engages in some general reflections.","PeriodicalId":220619,"journal":{"name":"International Organizations and the Promotion of Effective Dispute Resolution","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129096382","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-05-29DOI: 10.30965/9789004407411_010
M. Dahlan
The regionalism versus internationalism debate has given rise to a rich discourse in international trade law. Regionalism is viewed either as a way to promote international integration, or to protect regions and thus against the multilateral spirit that charac-terizes a truly global organization. This debate is explored in international financial law and international financial institutions therein, with the Asian Infrastructure Investment Bank (aiib) and New Development Bank as examples. This chapter suggests that ‘principled’ dispute regulation, having an intellectual anchor in ‘multilevel governance’, provides a new dimension to underpin regional governance. Exploring China’s Belt and Road Initiative (bri) has the potential to redefine multilevel trade governance and the laws that establish its order. As a result, new ‘Eastern’ international legal norms are emerging. A new international trade and investment order will neces-sarily lead to disagreements over its interpretation. However, existing dispute resolution mechanisms may not work effectively. In order to overcome this practical chal-lenge, this chapter examines some important legal aspects of the bri and offers a new concept of dispute regulation. For the central argument, mediation will be specifically analyzed to inform a new aiib paradigm. The chapter intends to begin a discussion of some emerging trends in international trade and relevant rules, in the context of the aiib.
区域主义与国际主义之争在国际贸易法中引发了丰富的论述。区域主义或被视为促进国际一体化的一种方式，或被视为保护区域的一种方式，从而反对作为一个真正全球性组织特征的多边精神。以亚洲基础设施投资银行(aiib)和新开发银行(New Development Bank)为例，在国际金融法和国际金融机构中探讨了这一争论。本章表明，“原则性”争议监管在“多层次治理”中具有智力锚点，为支撑区域治理提供了一个新的维度。探索中国的“一带一路”倡议(bri)有可能重新定义多层次的贸易治理和建立其秩序的法律。因此，新的“东方”国际法律规范正在出现。新的国际贸易和投资秩序必然会导致对其解释的分歧。然而，现有的争端解决机制可能无法有效地发挥作用。为了克服这一现实挑战，本章考察了“一带一路”的一些重要法律方面，并提出了争议规制的新概念。对于中心论点，将具体分析调解，以告知新的亚投行范式。本章旨在以亚投行为背景，探讨国际贸易的一些新趋势和相关规则。
{"title":"Dispute Regulation in the Institutional Development of the Asian Infrastructure Investment Bank: Establishing the Normative Legal Implications of the Belt and Road Initiative","authors":"M. Dahlan","doi":"10.30965/9789004407411_010","DOIUrl":"https://doi.org/10.30965/9789004407411_010","url":null,"abstract":"The regionalism versus internationalism debate has given rise to a rich discourse in international trade law. Regionalism is viewed either as a way to promote international integration, or to protect regions and thus against the multilateral spirit that charac-terizes a truly global organization. This debate is explored in international financial law and international financial institutions therein, with the Asian Infrastructure Investment Bank (aiib) and New Development Bank as examples. This chapter suggests that ‘principled’ dispute regulation, having an intellectual anchor in ‘multilevel governance’, provides a new dimension to underpin regional governance. Exploring China’s Belt and Road Initiative (bri) has the potential to redefine multilevel trade governance and the laws that establish its order. As a result, new ‘Eastern’ international legal norms are emerging. A new international trade and investment order will neces-sarily lead to disagreements over its interpretation. However, existing dispute resolution mechanisms may not work effectively. In order to overcome this practical chal-lenge, this chapter examines some important legal aspects of the bri and offers a new concept of dispute regulation. For the central argument, mediation will be specifically analyzed to inform a new aiib paradigm. The chapter intends to begin a discussion of some emerging trends in international trade and relevant rules, in the context of the aiib.","PeriodicalId":220619,"journal":{"name":"International Organizations and the Promotion of Effective Dispute Resolution","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126315916","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-05-29DOI: 10.1163/9789004407411_013
Andreas Baumgartner
This chapter positions commercial dispute resolution as a major enabler of economic development. Going one step further, it argues that commercial dispute resolution also makes for good ‘lighthouse’ judicial reform projects, due to its focused scope and the quick impact potential in an area where competition between countries requires urgent action. Success requires a comprehensive approach around five building blocks: the legal basis; organisational and physical setup; people excellence; communications; and overall strategy and change management. In its second half, the chapter moves from today to setting out four hypotheses for the future: Firstly, courts of the future will be a service rather than a location, with courtrooms of the future being virtual and customer centric providers capturing the market. Second, commercial dispute resolution will become far more differentiated, as well as competitive on the international stage. Third, private sector solutions will complement and compete with state-offered or endorsed solutions. Fourth, artificial intelligence is about to change the face and nature of dispute resolution fundamentally. Each of those trends offers ample opportunities to unlock economic potential. The chapter concludes by pointing out how international organizations can contribute. 1 Setting the Stage: The Case for Commercial Dispute Resolution as a Major Enabler of Economic Development As countries are competing ever more vigorously for economic develop ment,1 market size and potential, institutional and regulatory quality, openness to trade, infrastructure quality, economic and political stability and labour 1 Barros and Cabral 2000, 360–71; Vuksic 2015; Gonzalez, 26 October 2017. * Andreas Baumgartner, co-founder and the current ceo of The Metis Institute, a.baumgartner@themetisinstitute.org. Andreas Baumgartner 9789004407411 Downloaded from Brill.com03/09/2020 11:03:19AM via free access 189 Commercial Dispute Resolution quality as well as cost are still paramount.2 However, there is another key factor of economic (but also social and political) development which is often overlooked, even though it features, for example, in the ‘Ease of Doing Business’ index of The World Bank: ‘The enforcing contracts indicator measures the time and cost for resolving a commercial dispute through a local first-instance court, and the quality of judicial processes index, evaluating whether each economy has adopted a series of good practices that promote quality and efficiency in the court system’.3 The argument runs that better dispute resolution contributes to a better business climate and, as a consequence, to the attractiveness as a destination for foreign direct investment.4 As has been noted, “economic development requires not only that there be predictable and fair rules to govern business activities but that these rules are actually enforced”,5 for which commercial dispute resolution is an important factor. Or, “Simply emphasizing t
{"title":"Commercial Dispute Resolution: Unlocking Economic Potential Through Lighthouse Projects","authors":"Andreas Baumgartner","doi":"10.1163/9789004407411_013","DOIUrl":"https://doi.org/10.1163/9789004407411_013","url":null,"abstract":"This chapter positions commercial dispute resolution as a major enabler of economic development. Going one step further, it argues that commercial dispute resolution also makes for good ‘lighthouse’ judicial reform projects, due to its focused scope and the quick impact potential in an area where competition between countries requires urgent action. Success requires a comprehensive approach around five building blocks: the legal basis; organisational and physical setup; people excellence; communications; and overall strategy and change management. In its second half, the chapter moves from today to setting out four hypotheses for the future: Firstly, courts of the future will be a service rather than a location, with courtrooms of the future being virtual and customer centric providers capturing the market. Second, commercial dispute resolution will become far more differentiated, as well as competitive on the international stage. Third, private sector solutions will complement and compete with state-offered or endorsed solutions. Fourth, artificial intelligence is about to change the face and nature of dispute resolution fundamentally. Each of those trends offers ample opportunities to unlock economic potential. The chapter concludes by pointing out how international organizations can contribute. 1 Setting the Stage: The Case for Commercial Dispute Resolution as a Major Enabler of Economic Development As countries are competing ever more vigorously for economic develop ment,1 market size and potential, institutional and regulatory quality, openness to trade, infrastructure quality, economic and political stability and labour 1 Barros and Cabral 2000, 360–71; Vuksic 2015; Gonzalez, 26 October 2017. * Andreas Baumgartner, co-founder and the current ceo of The Metis Institute, a.baumgartner@themetisinstitute.org. Andreas Baumgartner 9789004407411 Downloaded from Brill.com03/09/2020 11:03:19AM via free access 189 Commercial Dispute Resolution <UN> quality as well as cost are still paramount.2 However, there is another key factor of economic (but also social and political) development which is often overlooked, even though it features, for example, in the ‘Ease of Doing Business’ index of The World Bank: ‘The enforcing contracts indicator measures the time and cost for resolving a commercial dispute through a local first-instance court, and the quality of judicial processes index, evaluating whether each economy has adopted a series of good practices that promote quality and efficiency in the court system’.3 The argument runs that better dispute resolution contributes to a better business climate and, as a consequence, to the attractiveness as a destination for foreign direct investment.4 As has been noted, “economic development requires not only that there be predictable and fair rules to govern business activities but that these rules are actually enforced”,5 for which commercial dispute resolution is an important factor. Or, “Simply emphasizing t","PeriodicalId":220619,"journal":{"name":"International Organizations and the Promotion of Effective Dispute Resolution","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132321494","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-05-29DOI: 10.1163/9789004407411_014
Marie-Anne Birken, K. O'Sullivan
The contents of this publication reflect the opinions of individu-al authors and do not necessarily reflect the views of the ebrd. Terms and names used in this chapter to refer to geographical or other territories, political and economic groupings and units, do not constitute and should not be construed as constituting an express or implied position, endorsement, acceptance or expression of opinion by the ebrd or its members concerning the status of any country, territory, grouping and unit, or delimitation of its bor-ders, or sovereignty. Abstract The practice of mediation dates back to very ancient times and was part of early Ro-man law. Mediators existed in many cultures, and often overlapped with the roles of traditional wise men and tribal chiefs. The settlement of disputes through mediation is also part of Confucian and Buddhist history in the belief that conflicts must be resolved peacefully to maintain the natural harmony of life and avoid losing respect of others. Although mediation, as a formal process for alternative dispute resolution, was more recently developed in Anglo Saxon countries and is now increasingly widespread in common law jurisdictions, it is equally suitable for countries with civil law traditions. This chapter considers the practice of mediation in Central Asia, specifically the Commonwealth of Independent States countries, and reports on the European Bank for Reconstruction and Development’s support for the development of mediation in that region. There is a perception that countries are less receptive to mediation than other countries because of their post-Soviet legacy, although the legal traditions of these countries include a number of out-of-court resolution mechanisms similar to mediation, even during
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