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Choosing the Proper Forum and Jurisdiction, and the Importance of Treaties and Enforcement of Arbitration Awards a U.S. Perspective … 5 Significant Developments in International ADR

Thomas A. Doyle, Mining Law & Investment in Latin America (2003)

This paper focuses upon important considerations in choosing an arbitral forum, as well as the importance of treaties (particularly with respect to enforcement of arbitration awards) from a U.S. perspective. Although the conciliation process is beyond the scope of this paper, conciliation has become an important aspect of international dispute resolution. UNCITRAL's new Model Law on International Commercial Conciliation recently has been adopted, and conciliation laws and mandatory conciliation programs (as in some U.S. courts) are becoming more widespread. Accordingly, a brief commentary regarding conciliation as a form of international commercial dispute resolution seems essential to a discussion of forum choices in international dispute resolution and is included here by way of introductory comment.

In many international disputes, mediation or conciliation is an advisable precursor to the formal dispute resolution process. Most arbitral institutions now offer organized mediation or conciliation services to facilitate resolution of disputes prior to initiation of formal adversarial proceedings. Moreover, a plethora of private mediation services exist in the U.S. and other nations, with mediators culled from the ranks of private legal practitioners, retired judges, and legal scholars from a variety of backgrounds. Although private mediation services certainly are not