Legal English Innovation SAS

Private Contracts vs Public Policy - ADR


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The sources provide an extensive overview of Alternative Dispute Resolution (ADR), defining the concept, outlining its historical institutionalization from ancient practices to modern international treaties, and detailing its core principle of Party Autonomy. The text compares and contrasts the primary methods of ADR, mediation and arbitration, explaining the roles of neutral parties and emphasizing the advantages (speed, cost, confidentiality) and disadvantages (limited appeal, reduced discovery). Furthermore, the document discusses key players and institutions in the field and uses two significant U.S. Supreme Court case studies, Mitsubishi Motors and Epic Systems Corp. v. Lewis, to illustrate the enforceability of arbitration clauses in international and employment contexts, respectively. Finally, the text explores the distinction between domestic and international arbitration and the role of international organizations like UNCITRAL and UNIDROIT in harmonizing global commercial law.

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Legal English Innovation SASBy Eric Froiland