Cross-border ADR

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This Overview considers cross-border alternative dispute resolution (ADR). ADR provides a confidential dispute resolution mechanism outside of a court of law, by which a dispute or difference is submitted to an impartial individual(s), either for determination or to assist the parties in reaching a negotiated resolution of their dispute.

ADR is only one consideration when dealing with a cross border dispute. For an insight into the various considerations, see: Cross border considerations—checklist.

Tools

  1. •

    understanding the different types of ADR—there are numerous alternative dispute resolution (ADR) mechanisms which may be of assistance, eg negotiation, conciliation and arbitration. For an understanding of the different forms and insight into how these differ from litigation, see Practice Note: What is ADR?

  2. •

    guide to cross-border ADR—when dealing with cross border proceedings, such disputes are generally resolved by means of litigation of arbitration. However, it may be appropriate to consider the appropriateness of ADR mechanisms. For guidance, see Practice Note: Cross-border ADR—a guide for dispute resolution

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The Civil Justice Council (CJC) has concluded its extensive review of pre-action protocols (PAPs) with the publication of its phase two report. The first phase of the final report, published in August 2023, examined the role of PAPs in the civil justice system and explored the potential for digitalising pre-action processes. The second phase was published in November 2024. In the second (and final) phase report the CJC has set out its recommendations for the reform of various existing PAPs, including those for Personal Injury, Housing, Judicial Review, Debt, Construction and Engineering, Professional Negligence and Media and Communications. The report also recommends the creation of two new PAPs, one for dealing with child abuse and one for Multi-Track Claims in the Business and Property Courts of England and Wales (with a draft included at Appendix 1).

175th Practice Direction update—in force 20 November 2024

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176th Practice Direction update—in force 19 November 2024

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have approved the 176th Practice Direction (PD) Update to the Civil Procedure Rules (CPR). The amendments come into force on 19 November 2024. The 176th PD update provides an extension of the operative period of CPR PD 51ZC (Small Claims Paper Determination Pilot) until 31 October 2025 for the purposes of completing the evaluation exercise of the pilot.

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