Evaluating the Role of Negotiations in the Alternative Dispute Resolution System

Anna Lefcovitch, Solicitor, Arcadis, UK
Professor Charles Chatterjee, Associate Fellow , Institute of Advanced Legal Studies, UK

Although English courts, in general, have been encouraging Alternative Dispute Resolution (ADR) in all its forms, the lawyers’ community in England and Wales, it is believed, would appreciate that the Court in England and Wales are still required to deal with a very large number of cases. One should not blame the ADR system; instead, one should perhaps raise the issue whether lawyers and experts are satisfying the ADR system, as a dispute settlement mechanism, and whether they stand as a hindrance to the success of the ADR System. The opinions expressed in this Article are those of the authors, and in no way may be attributed to the institutions with which they are affiliated.

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Dispute Resolution General January 2021 Vol.14, No. 54, Winter 2021

Anna Lefcovitch

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Anna Lefcovitch is currently employed as an in-house solicitor at Arcadis LLP, and has considerable experience in commercial and construction law. She studied law at University College London and London Guildhall University. She has been working as an in-house lawyer for 20 years.

Professor Charles Chatterjee

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Professor Charles Chatterjee who studied law at the University of Cambridge and the University of London is a Barrister in England and Wales and has also acted as an arbitrator. A commercial law specialist (international) with special interest and knowledge in international organisations and their functions in addition to court experience in law as a practising barrister in England and Wales. A consultant to international organisations and private corporations in addition to conducting capacity building training programmes in various countries. Articles in IICJ: “Recognition and Enforcement of Arbitral Awards: How Effective is Article V of the New York Convention of 1958?” International In-house Counsel Journal Vol. 9, No. 36, Summer (2016), 1 “Decisions of ICSID Tribunals on Procedural Issues may not be Confused with their Awards” International In-house Counsel Journal Vol. 10, No 37, (2016) “CAPE DISTRIBUTION LTD v CAPE INTERNATIONAL HOLDINGS PLC How a Parent Company May be Held Liable in Torts for the Negligence of its Subsidiaries”, International In-house Counsel Journal Vol.11, No. 42, (2018)

Institute of Advanced Legal Studies

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Academic Institution

Arcadis

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Design & Consultancy for natural and built assets

Dispute Resolution General January 2021 Vol.14, No. 54, Winter 2021