The Place of Adjudication Among Other Methods of Alternative Dispute Resolution in International Commercial Disputes
Keywords:
Adjudication, Alternative Dispute Resolution, International Commercial DisputesAbstract
This article explores the unique role and significance of adjudication within the spectrum of alternative dispute resolution (ADR) mechanisms in the context of international commercial disputes. While arbitration and mediation are more commonly discussed in academic and professional discourse, adjudication offers a distinct blend of speed, technical focus, and interim binding effect, especially valuable in time-sensitive industries such as construction and infrastructure. The paper provides a detailed comparative analysis between adjudication and other ADR methods, evaluates its function within multi-tiered dispute resolution clauses, and discusses its legal and practical limitations. The study draws on international instruments, such as FIDIC contracts, and assesses the future trajectory of adjudication in global commerce. It concludes that adjudication, when effectively integrated with other dispute resolution stages, serves as a strategic and pragmatic solution for resolving cross-border commercial conflicts.
References
Born, G. B. (2021). International Commercial Arbitration (3rd ed.). Kluwer Law International.
Bunni, N. (2005). The FIDIC Forms of Contract (3rd ed.). Wiley-Blackwell.
FIDIC. (2017). Conditions of Contract for Construction (Red Book). Fédération Internationale Des Ingénieurs-Conseils.
Gaitskell, R. (2007). Adjudication. Society of Construction Law Papers.
Nolan-Haley, J. (2013). Alternative Dispute Resolution in a Nutshell (3rd ed.). West Academic Publishing.
Redfern, A., & Hunter, M. (2023). Law and Practice of International Commercial Arbitration (7th ed.). Sweet & Maxwell.
United Nations. (1958). Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention).
Chartered Institute of Arbitrators (CIArb) (2022). Guidelines on Alternative Dispute Resolution Mechanisms.
World Bank (2020). Dispute Resolution in International Construction Contracts.
Redfern, A., & Hunter, M. (2020). Law and Practice of International Commercial Arbitration. Sweet & Maxwell.
Moses, M. L. (2017). The Principles and Practice of International Commercial Arbitration. Cambridge University Press.
UNCITRAL. (2021). Model Law on International Commercial Arbitration 1985 with Amendments. United Nations.
ICC. (2022). Rules of Arbitration and ADR. International Chamber of Commerce.
Ganieva, U. A. (entral Ikramova, P. X., and M.