Commercial Alternative Dispute Resolution: Powering Economic Growth with Effective Commercial Justice
As the only intergovernmental organization dedicated to advancing the rule of law for peace and sustainable development, the International Development Law Organization (IDLO) has supported inclusive economic development in partner countries since its inception, working with diverse stakeholders to unlock growth potential. IDLO’s “top down and bottom up” approach to leveraging the rule of law for inclusive growth involves complementing legal and regulatory reform and institutional capacity development with legal empowerment and raising public awareness. Since 2017, IDLO has supported the implementation of commercial ADR in countries such as Jordan, Kenya, Kyrgyzstan, Mauritania, Moldova, Mongolia, Serbia, Tajikistan, and Uzbekistan.
Drawing on that practical experience, this paper examines how commercial ADR enhances economic development, focusing on providing the fair, predictable, and confidential resolution of disputes needed to increase investment flows and fuel growth. It details lessons from the implementation of commercial ADR learned by IDLO in multiple countries, identifying approaches as well as key success factors that can inform future policy and practice.
IDLO’s approach to commercial ADR can be summarized with the following points:
1. Build trust and improve perceptions of ADR through local engagement and ownership, for example through awareness-raising actions
2. Strengthen capacities across the ADR landscape, including the judiciary, business community, and informal systems at community level
3. Promote awareness and disseminate new laws to business stakeholders, enabling entrepreneurs and firms to adapt their practices based on reliable information
4. Enhance legislative and regulatory frameworks and leverage coordination, prioritising fit-for-purpose legal frameworks and fostering open and constructive dialogue among stakeholders
5. Address inequalities between commercial disputants, contributing to empowering women and members of marginalized and excluded groups in the economic sphere
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