W(h)ither adversarial commercial dispute resolution?

Abstract

International commercial arbitration is part of a wider tapestry of transnational commercial dispute resolution which encompasses both adversarial and consensual forums. While arbitration is pre-eminent in the field today, the increasing discontent directed at the international commercial arbitration industry, and adversarial commercial dispute resolution more generally, cautions us that the status quo cannot remain. This article will hence focus on the challenge to adversarial commercial dispute resolution posed by consensual forums like mediation, and the future of transnational commercial dispute resolution in this changing world. Singapore Rules of Court, Order 110 (2015) Rio Tinto PLC v Vale SA US District Court (SDNY) (2015) Emirates Trading Agency LLC v Prime Mineral Exports Private Limited, English High Court (2014) International Research Corp PLC v Lufthansa Systems Asia Pacific Pte Ltd, Singapore Court of Appeal (2014) HSBC Institutional Trust Services (Singapore) Ltd v Toshin Development Singapore Pte Ltd, Singapore Court of Appeal (2012) SIAC (Singapore International Arbitration Centre)-SIMC (Singapore International Mediation Centre) Arb-Med-Arb Protocol (2014) IBA (International Bar Association) Guidelines on Party Representation in International Arbitration (2013) AQZ v ARA, Singapore High Court (2015)