Global Perspectives on Adr

by Esplugues, Carlos; Barona Vilar, Silvia

• ISBN13: 9781780681399
• ISBN10: 1780681399
• Edition: 1st
• Format: Paperback
• Copyright: 2013-10-23
• Publisher: Intersentia

Summary

The promotion of Alternative Dispute Resolution (ADR) mechanisms is strongly linked to the idea of justice in the 21st century. National and international legislators increasingly offer new responses in this area, with the aim of providing citizens with the opportunity to resolve their disputes outside State courts. Indeed, the global notion of ADR includes a multiplicity of institutions which have in common the purpose of facilitating the settlement of disputes outside courts. However, such generic references to ADR mechanisms, as well as the perceived centrality of the European approach, obscure important differences in the use, regulation, and underlying philosophy of ADR in many countries of the world. This book focuses on a set of countries which accounts for more than half of international world trade. It examines the various ADR devices present in relevant countries, including the US, Australia, China, England, Hong Kong, India, Indonesia, Ireland, Japan, the Philippines, Singapore, South Korea, and Thailand. The book provides an in-depth analysis of the regulation of ADR in all these countries. Every chapter on national law analyzes subjects covered by ADR devices, the existing legal regime, and its solutions and problems. Written by leading practitioners and scholars, the book provides a clear image of the existing framework from a legal, theoretical, and practical standpoint. It will be essential for all those wanting to understand the reality of ADR in some of the most economically important countries of the world. [Subject: Alternative Dispute Resolution, International Law, Comparative Law, Commercial Law]