Current Articles

INTERNATIONAL COMMERCIAL ARBITRATION: ADR IN CROSS-BORDER BUSINESS DISPUTES by Peter V. Baugher

Cross-border transactions are increasingly commonplace. Because of the volume of transactions between parties of different countries, it is incumbent upon counsel to be familiar with various ways to handle possible disputes arising from these agreements. Part of this preparation is to choose an appropriate dispute resolution method. This essay reviews the principal mechanisms for resolving international commercial disputes and the advantages and disadvantages of each. It discusses arbitration, mediation, litigation, and the relative strengths and drawbacks of each.

In order to read the rest of this article please view the PDF below.

CIDRA'S AMICUS CURIAE BRIEF TO THE SUPREME COURT, March 2, 2012

(i)

MOTION FOR LEAVE TO FILE

Amicus Chicago International Dispute Resolution Association (“CIDRA”), pursuant to Rule 37.2(b), respectfully moves for permission to file the attached brief amicus curiae. Petitioner has consented to CIDRA’s filing of a brief.1 In accordance with Rule 37.2(a), CIDRA has provided notice to counsel for Respondent of CIDRA’s intent to file a brief. Respondent has not consented.

In order to read the full text of the Brief for Amicus Curiae please view the PDF below.

ARBITRATION: BACK TO THE FUTURE (a contribution to the International Arbitration Congress, Barcelona 18-20 October 2012) by Ramon Mullerat OBE

It is equitable…to prefer arbitration to the law court,
for the arbitrator keeps equity in view, whereas the judge looks only to the law,
and the reason why arbitrators were appointed was that equity might prevail.
Aristotle, Rhetoric, book 1, chapter 13.

The existing judicial system is too costly, too painful, too destructive, too inefficient for
a truly civilized people... To rely on the adversarial process as the principal means of
resolving conflicting claims is a mistake that must be corrected.
US Supreme Court Chief Justice Warren E. Burger
 
In order to read the rest of this article please view the PDF below.