What is it

It is proposed that a not-for profit venue be established to resolve business disputes, particularly for parties located in different countries. Rapid, low-cost arbitration services would be offered by single panelists or a short bench along the lines of WIPO’s UDRP procedures, although with clearer procedures and improved selection and training to encourage consistent and fairer outcomes.

Pre-qualified panelists could be selected randomly or with the approval of both parties in disputes, perhaps through a right of rejection for a defined number of panel nominees, e.g., 6-10 rejections allowed for each party in a dispute. Panelists would normally have some experience in the industry wherein each dispute originates.

Evidence and pleadings could be submitted electronically, with no personal appearances. Confidentiality could be allowed for discrete pieces of evidence, but decisions rendered would be released publicly.

Speed and fairness would be keystone features of this virtual venue.

Panelists would be provided with training in commercial contract law for each of the nations where disputants may be located. Annual refresher training of 6-8 hours would be a pre-requisite for remaining eligible to serve as a panelist. Additional training could be provided to assist panelists understand the technologies, terminologies and business practices in the industries where they may be called upon to resolve disputes.

Why is it needed

Without real-time dispute resolution opportunities, business relationships can break down completely, causing hardships for all the parties and stakeholders that relied on a contract being implemented as originally intended.

Disputants in court cases often find that the length and cost of engagement in those venues is prohibitive and ultimately produces unsatisfactory results.

It is anticipated that the client pool for an arbitration service will quickly expand to become a global service.

Where is the money

The operation of an alternate dispute venue would provide substantial economic advantages to the business communities it served by raising the confidence of customers that disputes could be resolved quickly and cheaply.

To preclude potential conflicts of interest in the way cases are brought, the entire operation would need to be operated as a non-profit entity with high levels of transparency. Initially it could be in-but-not-of an industry association. To help spin off the entity to an independent non-profit organization, assistance can be sought from bilateral and multilateral aid agencies such as the Asian Development Bank. Outside organizations can also assist in training of panelists.