Presentation on Alternative Dispute Resolution in Contract Law

This presentation provides an overview of Alternative Dispute Resolution (ADR) methods within the context of contract law, suitable for a presentation assignment. It defines ADR and explores its various forms, including arbitration, mediation, and negotiation, with a focus on resolving disputes, such as those involving unpaid invoices. The presentation outlines the regulations governing ADR, specifically in the UK, and details the processes and benefits of each method. It highlights relevant conventions and legislation, such as the Arbitration Act 1996, and discusses important cases that have shaped arbitration practices. Furthermore, the presentation covers relevant contract clauses, including hybrid and unilateral clauses, and examines the use of negotiation in resolving disputes, emphasizing effective strategies. The presentation includes a comprehensive bibliography of sources used.

Alternate Dispute
resolution
Student Name

ADR or Alternate Dispute Resolution can be
defined as a process of settling disputes of
civil cases outside the courts. Resolving
disputes involving unpaid invoices cane be
solved through ADR. The principle forms of
alternate dispute resolution include:
 Adjudication
 Arbitration
 Conciliation
 Mediation
Alternate dispute Resolution
process

The types of ADR that can be recommended
to the client are:
 Arbitration
 Mediation
 Negotiation
Recommendation of types of
ADR suitable for in this case

There are two sets of regulations which have
been enacted in the parliament to implement
the European Directive on alternative dispute
resolution (ADR) in the United Kingdom. They
are:
 The Alternative Dispute Resolution for
Consumer Disputes (Competent Authorities
and Information) Regulations 2015
 The Alternative Dispute Resolution for
Consumer Disputes (Amendment) Regulations
2015
The Regulations of resolving
disputes alternatively

Mediation - It is a very commonly used form
of dispute resolution to make out of court
settlements. In this process of dispute
resolution a neutral third party helps the
parties involved in the dispute reach a
settlement. However, if mediation fails
arbitration could be used to settle disputes.
Types of ADR options relevant
to the client

 Arbitration- Arbitration is the process of
alternate dispute resolution in which an
independent and impartial third party hears
the facts from the parties involved in the
process of dispute resolution and takes a
decision for them. Arbitration is the best
suited form of dispute resolution for
resolving disputes relating to unpaid
invoices.
Types of ADR options relevant
to the client

Some of most important conventions that
guide the process of arbitration include:
 Convention on the Recognition and
Enforcement of Foreign Arbitral Awards
(New York, 1958)
 European Convention on International
Commercial Arbitration (1961)
 UNCITRAL Model Law on International
Commercial Arbitration
Relevant Documents and
conventions of Arbitration

 The Arbitration Act 1996 is an act of the
parliament of United Kingdom which
regulates the procedures of Arbitration
within the territory of England and Wales
and Northern Ireland. The provisions of the
Arbitration Act is based on the UNCITRAL
Model.
Arbitration

Some of the important cases that have
highlighted some of the issues involved in
Arbitration are:
 Enforcement issue - IPCO (Nigeria) Ltd v
Nigerian National Petroleum Corp [2017] UKSC
16,
 Disclosure of awards- Teekay Tankers Ltd v
STX Offshore & Shipbuilding Co Ltd [2017]
EWHC 253
 Applications to remove arbitrators- P v Q and
others [2017] EWHC 148 (Comm)
Arbitration Cases

 The parties involved in the dispute agree to be
bound by the decision of the arbitrator
 The dispute is normally resolved sooner by
arbitration than by the process of litigation
 The process of Arbitration is less expensive as
compared to litigation as held in the case Premium
Nafta Products v Fili Shipping [2007] UKHL
40.
 Arbitration is a private procedure
 As the decision of the arbitrator is binding upon the
parties, the parties have limited scope of appeal.
Benefits of arbitration

 As the decision of the arbitrator is legally
binding upon the parties, the parties have
limited right to an appeal
 The process of Arbitration is uneconomical if
the dispute is complicated but the money
involved in the dispute significantly less
 An arbitrator may consider evidence which
would not have been considered by the trial
judge
 The methods used by arbitrator to settle the
disputes are not clear
Disadvantages of
Arbitration

There can be clauses in a contract regarding
dispute resolution process if such dispute
arises in a contract. Some of the important
clauses that have been introduced in
contractual documents include:
 Hybrid clause
 Unilateral clause
Relevant Contract Clauses of
ADR

Unilateral dispute resolution clauses in
contract can be defined as a clause that
allows one of the parties to choose how the
dispute is to be resolved.
Unilateral Clause in
Arbitration

Negotiation can be defined as the process of
dispute resolution which involves
communication of a legal problem between
the parties.
Negotiation

Negotiation is the commonly sought medium
in dispute resolution as it involves a
bilateral flow of information. Through
negotiation the parties can learn more
about each other and how the dispute is
perceived by such parties.
How negotiations could be effectively
used to resolved disputes.

Alternative Dispute Resolution For Consumers - GOV.UK' (Gov.uk, 2018)
<https://www.gov.uk/government/publications/alternative-dispute-resolution-for-consumers/alternative-dispute-
resolution-for-consumers> accessed 21 March 2018
Wang, Margaret. "Are alternative dispute resolution methods superior to litigation in resolving disputes in
international commerce?." Arbitration International 16.2 (2014): 189-212.
Elkouri, Frank, et al. How arbitration works. Bloomberg BNA, 2016.
Moses, Margaret L. The principles and practice of international commercial arbitration. Cambridge University
Press, 2017.
European Convention on International Commercial Arbitration (1961)
UNCITRAL Model Law on International Commercial Arbitration
Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958)
Moore, Christopher W. The mediation process: Practical strategies for resolving conflict. John Wiley & Sons,
2014.
McKenzie, Donna Margaret. "The role of mediation in resolving workplace relationship conflict." International
journal of law and psychiatry 39 (2015): 52-59.
Prescott, Liam, and Arndt Herrmann. "ADR: International investment courts-Are they next in the evolution of
ISDS arbitration?." Proctor, The 35.11 (2015): 34.
Resnik, Judith. "Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure
of Rights." Yale LJ 124 (2014): 2804.
Nb Three Shipping Vs Harebell Shipping Ltd(2005) 1 Aer 200
Pittalis vs Sherefettin (1986)QB 868
Ting‐Toomey, Stella. "Identity negotiation theory." The international encyclopedia of interpersonal
communication (2015).
Goldberg, Stephen B., et al. Dispute resolution: Negotiation, mediation and other processes. Wolters Kluwer
Law & Business, 2014.
Bibliography