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American Review of International Arbitration - ARIA - Vol. 15 No. 3 - 4 2004
American Review of International Arbitration - ARIA - (U.S. Price)
American Review of International Arbitration - ARIA (International Price)
ARIA Vol. 15 No. 3 - 4 2004
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I. INTRODUCTION
As the title indicates, the focus of this article is upon reduction of costs and
other inconveniences in the use of the technically based Online Dispute
Resolution (“ODR”). However, because ODR derives from the better-known
offline Alternative Dispute Resolution (“ADR”), a brief description of the
function and growth of ADR is necessary.
II. THE GROWTH OF ADR
The purpose of ADR (which in its primitive phase is older than any judicial
system) is to provide an alternative to litigation within a national court system.
Modern international ADR, more specifically in its arbitration form, developed as
part of the growth of internationalism after the First World War with the creation
of arbitral decisional bodies. These became known as institutional ADR providers
and included the International Chamber of Commerce (“ICC”) and the American
Arbitration Association (“AAA”). In time, the London Court of International
Arbitration (“LCIA”), which prior to World War I acted as a decisional body in
Great Britain for both domestic and international arbitral disputes, changed its
name and purpose while at the same time limiting the right of judicial appeal from
its decisions. Following the creation of the World Bank after the Second World
War, the International Centre for Settlement of Investment Disputes (“ICSID”)
was established for the purpose of arbitrating or mediating private international
investment disputes between states and nationals of other states. The main focus
was upon resolving disputes between developing nations as debtors and foreign
enterprises, especially contractors. Subsequently, the Arbitration Institute of the
Stockholm Chamber of Commerce (“SCC”) changed from a solely onshore
institution to the role of an offshore provider.1 The foregoing international ADR
Robert Bennett Lubic - Professor of Law Emeritus; CEO of GlobalMedArb (GMA), a recently established
ODR provider of several novel dispute resolution services.
