ADR – Part of the Deal Not an Afterthought
(ADR – Part of the Deal Not an Afterthought )

Author : Anthony Abrahams    
Type :
Printing Year : 2022
Number : ADR-1
Page : 1- 3
    


Summary

The development of the Alternative Dispute Resolution (ADR) Masters programme being delivered by Bursa Uludag University in Bursa, Turkey exemplifies the success that can be achieved when stakeholders act co-operatively. In February 2020, at a Bursa Chamber of Commerce and Industry (BTSO) conference in Bursa, a question was raised regarding a contractual dispute. The contract signed by the entrepreneur business owner contained a dispute resolution clause, but the company management had no concept of how it was to be operated. The company found itself with not just a contract dispute but also a dispute as to interpretation of the dispute resolution clause, a double whammy. ADR, or dispute avoidance, dispute management and dispute resolution should be thought about right from the outset of any commercial relationship. The need for a practical, pragmatic approach is clearly required. Disputes are disruptive and costly. The direct costs of commercial claims resolved through litigation, for example, are estimated at approximately $870bn globally, according to the US Chamber of Commerce. ‘Corporate Disputes Jan – Mar 2020.’ In addition, the time spent by management could well double the true cost to business.



Keywords

Arbitration, International arbitration, ICC Arbitration Rules, ICC 2021 Arbitration Rules.



Abstract

The development of the Alternative Dispute Resolution (ADR) Masters programme being delivered by Bursa Uludag University in Bursa, Turkey exemplifies the success that can be achieved when stakeholders act co-operatively. In February 2020, at a Bursa Chamber of Commerce and Industry (BTSO) conference in Bursa, a question was raised regarding a contractual dispute. The contract signed by the entrepreneur business owner contained a dispute resolution clause, but the company management had no concept of how it was to be operated. The company found itself with not just a contract dispute but also a dispute as to interpretation of the dispute resolution clause, a double whammy. ADR, or dispute avoidance, dispute management and dispute resolution should be thought about right from the outset of any commercial relationship. The need for a practical, pragmatic approach is clearly required. Disputes are disruptive and costly. The direct costs of commercial claims resolved through litigation, for example, are estimated at approximately $870bn globally, according to the US Chamber of Commerce. ‘Corporate Disputes Jan – Mar 2020.’ In addition, the time spent by management could well double the true cost to business.



Keywords

Tahkim, Uluslararası tahkim, ICC Tahkim Kuralları, ICC 2021 Tahkim Kuralları.