Alternative Dispute Resolution (ADR): Techniques, International Commercial and Intellectual Property Applications, Benefits and Challenges
Keywords:
Alternative Dispute Resolution, Arbitration, Mediation, Negotiation, Restorative Justice, International Commercial Disputes, Intellectual Property, PCA, LCIA, ConfidentialityAbstract
This paper examines Alternative Dispute Resolution (ADR) as a non-judicial mechanism for conflict settlement. ADR methods, including arbitration, mediation, negotiation, restorative justice and summary jury trials, provide flexible, confidential and cost-effective alternatives to litigation. Particular focus is given to ADR’s role in international commercial and intellectual property disputes, where issues such as cross-border jurisdiction, confidentiality and neutrality are critical. The paper analyzes the advantages, risks and evolving practices, highlighting leading ADR forums such as the Permanent Court of Arbitration (PCA) and the London Court of International Arbitration (LCIA). By evaluating procedural control, confidentiality, enforceability and interim relief, this study emphasizes ADR’s growing relevance in addressing complex, multi-jurisdictional legal challenges.
References
• Public Law 97-247, U.S. Congress, 1983.
• Permanent Court of Arbitration (PCA), Hague Peace Conference, 1899.
• New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958.
• WIPO Arbitration and Mediation Center.
• Born, G. (2014). International Commercial Arbitration.
• Menkel-Meadow, C., Love, L., Schneider, A. Dispute Resolution: Beyond the Adversarial Model.
• LCIA Rules and Procedures, London Court of International Arbitration.
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