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.