European Commission > EJN > Alternative dispute resolution > International law

Last update: 04-11-2009
Printable version Bookmark this page

Alternative dispute resolution - International law

EJN logo

This page is now obsolete. The update is currently being prepared and will be available in the European e-Justice Portal.


The role of alternative dispute resolution has been highlighted in a number of international law instruments.

  • Regarding dispute resolution procedures other than arbitration, there are no mandatory instruments of international law.
However, a variety of intergovernmental organisations include the promotion of these forms of alternative dispute resolution in their working programmes, often leading to non-mandatory legal instruments (soft law):
  • In 1998 the Council of Europe adopted a recommendation on family mediation, and a recommendation on civil mediation In 2007 the Council of Europe's European Commission for the Efficiency of Justice (CEPEJ) adopted guidelines for a better implementation of the existing recommendation concerning family mediation and mediation in civil matters.
  • The United Nations Commission for International Trade Law (UNCITRAL) adopted a model law on international commercial conciliation.
Alternative dispute resolution in connection with e-commerce is also discussed by the Organisation for Cooperation and Development in Europe (OECD) (guidelines for consumer protection in the context of electronic commerce).

Recommendations concerning alternative dispute resolution in electronic commerce have also come out of a variety of intergovernmental international organisations such as the Global Business Dialogue on Electronic Commerce (GBDe), the Transatlantic Business Dialogue (TABD) and the Transatlantic Consumer Dialogue (TACD).

  • Several international instruments relate to arbitration.
A convention was adopted by the UN Conference in New York on 10 June 1958 and has been ratified by more than 120 states. It aims to secure the recognition and enforcement of foreign arbitral awards in commercial matters.

Regarding the substantive law of arbitration in commercial matters, two instruments are noteworthy:

  • UNCITRAL has proposed a model law to serve as a reference for the drafting or revision of national legislation on arbitration.
  • There is also a 1966 Council of Europe convention providing a uniform law on arbitration.

Reference documents

  • Recommendation on family mediation (Council of Europe)
  • Recommendation on civil mediation (Council of Europe)
  • Guidelines for a better implementation of the existing recommendation concerning family mediation and mediation in civil matters (Council of Europe)
  • Model law on international commercial conciliation (UNCITRAL)
  • Convention for the recognition and enforcement of foreign arbitral awards (UN Conference)
  • Model law on international commercial arbitration (UNCITRAL)
  • Uniform law on arbitration (Council of Europe)

« Alternative dispute resolution - General information | International law - General information »

TopTop

Last update: 04-11-2009

 
  • Community law
  • International law

  • Belgium
  • Bulgaria
  • Czech Republic
  • Denmark
  • Germany
  • Estonia
  • Ireland
  • Greece
  • Spain
  • France
  • Italy
  • Cyprus
  • Latvia
  • Lithuania
  • Luxembourg
  • Hungary
  • Malta
  • Netherlands
  • Austria
  • Poland
  • Portugal
  • Romania
  • Slovenia
  • Slovakia
  • Finland
  • Sweden
  • United Kingdom