Dispute Resolution International

Dispute Resolution International is the journal of the IBA's Dispute Resolution Section. It provides in-depth discussion of current developments and topical issues in all areas of dispute resolution, including litigation, arbitration, mediation and other areas of alternative dispute resolution, as well as negligence and damages.

Dispute Resolution International is edited by Lawrence Schaner, founder of Schaner Dispute Resolution, Chicago. Lawrence is assisted by an Editorial Board comprising leading practitioners from around the world.

Dispute Resolution International is distributed to all members of the IBA Dispute Resolution Section, giving it a readership of approximately 4,000. It is published twice a year and was launched in May 2007. Non-member subscriptions to Dispute Resolution International are also available, and individual articles are available to purchase from the IBA shop.

If you are interested in contributing to Dispute Resolution International, please contact Lawrence Schaner at: LSchaner@schanerlegal.com or Paul Crick at paulcrick@mac.com.

If you are not a member of the IBA, you can find out more about how to join here.

If you are interested in advertising in Dispute Resolution International, our latest media pack is available here.

Recognition for Dispute Resolution International
The Role of the Tribunal Secretary in International Arbitration: A Call for a Uniform Standard, by Michael Polkinghorne and Charles B. Rosenberg, published in the October 2014 issue of Dispute Resolution International, has been awarded Outstanding Professional Article by the International Institute for Conflict Prevention and Resolution. The award recognises articles published by academics and other professionals that advance understanding in the field of alternative dispute resolution (ADR).

• ISSN 2075 5333  • Vol 11, Iss 1-2  • £83.50 per issue

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Latest Issue - Vol 11 No 2 September 2017

This article analyses the main features of fast track arbitration by comparing the expedited procedure rules of all the major international institutions. While this is not a new procedure, it has certainly been the subject of much discussion within the arbitral community since the new ICC Expedited Procedure Provisions entered into force on 1 March 2017. Despite its advantages in terms of cost-efficiency and speed, fast track arbitration poses certain risks in terms of party autonomy, due process and public policy.

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Climate-related disputes are growing in frequency, scope, scale and impact. This article focuses on the litigation risk to business arising from climate change and the opportunity to use dispute resolution mechanisms to support the global energy transition, particularly under the Paris Agreement. The article reviews: (1) the scope for climate-related commercial disputes, including investor-state disputes; (2) how arbitration might facilitate international climate objectives under the Paris Agreement, particularly considering affected populations; (3) current climate litigation; (4) the increasing types of climate-related business risk; (5) the impact for business of the United States’ intended withdrawal from the Paris Agreement; and (6) the role of the lawyer in climate risk management.

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The uncertainty of enforcement of foreign court judgments in the United Arab Emirates (the UAE) directly before its ‘onshore’ courts has driven some judgment creditors to seek alternative recourse. One such alternative includes the Dubai International Financial Centre (DIFC) Courts, an ‘offshore’ judicial entity through which judgment creditors may more readily achieve enforcement and recognition in the ‘onshore’ courts of the UAE. In this way, the DIFC Courts have come to be known as a ‘conduit jurisdiction’. Recent DIFC Court jurisprudence, which has opened the door to such a mechanism, has given rise to concerns about misuse and, in particular, circumventing the enforcement requirements of the Dubai courts. As a possible response to those concerns, the Ruler of Dubai established a judicial committee with the objective of resolving jurisdictional conflicts between the DIFC Courts and the Dubai courts. The early decisions of that judicial committee have not closed the door to the use of the DIFC Courts as a conduit jurisdiction, but it remains to be seen whether the Dubai courts will enforce foreign court judgments that have come via the DIFC Courts.

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The Singapore International Commercial Court was established in 2015 to provide an alternative dispute resolution forum for cross-border commercial disputes. It provides a courtroom setting for cross-border commercial disputes, but also offers procedural flexibility to cater to the needs of the particular dispute and the parties involved. This commentary provides a brief introduction to the Singapore International Commercial Court and some of its key features.

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This article reviews the increasing use of Dispute Boards for infrastructure projects in Latin America, with a view towards describing their structure, legal implications, origin in Latin America, and the advantages that they present over formal dispute resolution procedures, particularly arbitration. The problem that Dispute Boards are intended to resolve is the judicialisation of arbitration, wherein the length and cost associated with an arbitral decision is nearly indistinguishable from seeking judgment in the regular court system. The article describes how Dispute Boards have been found to resolve this problem by reducing the amount of time it takes to resolve a dispute, and therefore the cost, as well as by creating a more amicable and proactive approach to dispute resolution. A survey of several Latin American countries illustrates the success that the region has had in implementing Dispute Boards in large-scale infrastructure projects, notably in the Rio Olympics, as well as the expectation of greater use in the future, notwithstanding the uneven adoption of Dispute Boards across individual Latin American countries.

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Commercial Arbitration in Germany

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Law, Practice and Procedure of Arbitration, 2nd Edn

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International Commercial Arbitration

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Issues of Dispute Resolution International and individual articles are available to purchase through the IBA shop and by subscription.

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