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Arbitration

"In arbitration, a dispute is settled by one or more arbitrators (disinterested persons selected by
the parties to the dispute). Arbitration enables the parties to present the facts before trained
experts familiar with the industry practices that may affect the nature and the outcome of the
dispute. Arbitration first reached extensive use in the field of commercial contracts and is
encouraged as a means of avoiding expensive litigation and easing the workload of courts."

Anderson's Business Law & the Legal Environment, Comprehensive volume

"Arbitration, a form of alternative dispute resolution (ADR), is a technique for the resolution of
disputes outside the courts, where the parties to a dispute refer it to one or more persons (the
"arbitrators", "arbiters" or "arbitral tribunal"); by whose decision (the "award") they agree to be
bound. It is a resolution technique in which a third party reviews the evidence in the case and
imposes a decision that is legally binding for both sides and enforceable. Arbitration is often used
for the resolution of commercial disputes, particularly in the context of international commercial
transactions. The use of arbitration is also frequently employed in consumer and employment
matters, where arbitration may be mandated by the terms of employment or commercial
contracts. Arbitration can be either voluntary or mandatory (although mandatory arbitration can
only come from a statute or from a contract that is voluntarily entered into, where the parties
agree to hold all existing or future disputes to arbitration, without necessarily knowing,
specifically, what disputes will ever occur) and can be either binding or non-binding. Non-
binding arbitration is similar to mediation in that a decision cannot be imposed on the parties.
However, the principal distinction is that whereas a mediator will try to help the parties find a
middle ground on which to compromise, the (non-binding) arbitrator remains totally removed
from the settlement process and will only give a determination of liability and, if appropriate, an
indication of the quantum of damages payable. By one definition arbitration is binding and so
non-binding arbitration is technically not arbitration. Arbitration is a proceeding in which a
dispute is resolved by an impartial adjudicator whose decision the parties to the dispute have
agreed, or legislation has decreed, will be final and binding. There are limited rights of review
and appeal of arbitration awards."

The INCODIR provides arbitration facilities at country level and international level

For settlement of all types of commercial disputes pertaining to sale-purchase, building


construction, engineering, transfer of technology, property, maritime, international investment,
disputes amongst different countrymen or companies between parties domestically and
Internationally.

Arbitration procedures of the INCODIR are framed at par with usual international standard.

The INCODIR maintain comprehensive international panels of arbitrators from different


countries with eminent and experienced persons from different disciplines, trade and professions
for facilitating the selection of arbitrators. Apart from the arbitration facilities, the INCODIR
provides its good office for amicable and quick settlement of domestic as well as international
trade complaints and disputes through alternative dispute resolution methods.

Mediation
"In Mediation, a neutral person acts as a messenger between opposing sides of a dispute,
carrying to each side the latest settlement offer made by the other. The mediator has no authority
to make a decision, although in some cases the mediator may make suggestions that might
ultimately be accepted by the disputing parties.

The use of mediation has the advantage of keeping discussions going when the disputing parties
have developed such fixed attitudes or personal animosity that direct discussion between them
has become impossible."

Anderson's Business Law & the Legal Environment, Comprehensive volume

"Mediation, as used in law, is a form of alternative dispute resolution (ADR), a way of resolving
disputes between two or more parties with concrete effects. Typically, a third party, the mediator
assists the parties to negotiate a settlement. Disputants may mediate disputes in a variety of
domains, such as commercial, legal, diplomatic, workplace, community and family matters. The
term "mediation" broadly refers to any instance in which a third party helps others reach
agreement. More specifically, mediation has a structure, timetable and dynamics that "ordinary"
negotiation lacks. The process is private and confidential, possibly enforced by law. Participation
is typically voluntary. The mediator acts as a neutral third party and facilitates rather than directs
the process. Mediators use various techniques to open, or improve, dialogue between disputants,
aiming to help the parties reach an agreement. Much depends on the mediator's skill and training.
As the practice gained popularity, training programs, certifications and licensing followed,
producing trained, professional mediators committed to the discipline."

Wikipedia

INCODIR, as an ADR Experts appointing authority, shall appoint the Mediator(s) and supervise
the Mediation procedures, as well as, ensuring that the mediation process is cost-effective.

Peace
"Peacebuilding involves a range of measures targeted to reduce the risk of lapsing or relapsing
into conflict by strengthening national capacities at all levels for conflict management, and to lay
the foundations for sustainable peace and development. Peacebuilding strategies must be
coherent and tailored to specific needs of the country concerned, based on national ownership,
and should comprise a carefully prioritized, sequenced, and therefore relatively narrow set of
activities aimed at achieving the above objectives."

The UN Secretary-General's Policy Committee, 2007

"Peacebuilding is a term describing outside interventions that are designed to prevent the start or
resumption of violent conflict within a nation by creating a sustainable peace. Peacebuilding
activities address the root causes or potential causes of violence, create a societal expectation for
peaceful conflict resolution and stabilize society politically and socioeconomically. The exact
definition varies depending on the actor, with some definitions specifying what activities fall
within the scope of peacebuilding or restricting peacebuilding to post-conflict interventions.
Although many of peacebuilding's aims overlap with those of peacemaking, peacekeeping and
conflict resolution, it is a distinct idea. Peacemaking involves stopping an ongoing conflict,
whereas peacebuilding happens before a conflict starts or once it ends. Peacekeeping prevents
the resumption of fighting following a conflict; it does not address the underlying causes of
violence or work to create societal change, as peacebuilding does. It also differs from
peacebuilding in that it only occurs after conflict ends, not before it begins. Conflict resolution
does not include some components of peacebuilding, such as state building and socioeconomic
development. Like peacekeeping, conflict resolution can only follow, not precede, conflict. The
tasks included in peacebuilding vary depending on the situation and the agent of peacebuilding.
Successful peacebuilding activities create an environment supportive of self-sustaining, durable
peace; reconcile opponents; prevent conflict from restarting; integrate civil society; create rule of
law mechanisms; and address underlying structural and societal issues. Researchers and
practitioners also increasingly find that peacebuilding is most effective and durable when it relies
upon local conceptions of peace and the underlying dynamics which foster or enable conflict."

Wikipedia

INCODIR has experts in peacebuilding whom can help by offering their advices and expert
opinions in any unstable situation to prevent the crisis.
About The International Court for Dispute Resolution (INCODIR)
The International Court for Dispute Resolution (INCODIR) is a private body of eminent
ADR experts operates nationally and regionally through its Fora, and operates
internationally through its whole formation.

Whereas growth of economy, peace and harmony in the society of every nation and
internationally are essential. Our Courts of law internationally overburdened and the
increasing number of cases and Cases pending for disposal in the Courts in all countries
are alarming.
Whereas the fundamental objective of the International Court for Dispute Resolution, is
to act as an ADR experts appointing authority, to appoint experts in all forms of ADR, as
long as it have such experts on its lists.
Alternative Dispute Resolution methods are laying an important role in expeditious and
fair settlement in commercial disputes within a country, internationally with parties
from different countries and jurisdiction either commercial or international investment
in nature to smoothening the paths of trade and commerce.

No business can indeed grow,


i. If its promoters are not sure of recovering the legitimate dues and
ii. Also if those who violate the contract,
iii. Escape payment of compensation to the aggrieved party for many years.

INCODIR with the sole aim of resolving disputes that arises between the parties in a
country or in between parties from different countries either commercial or
international investment or with different jurisdictions through Alternative Dispute
Resolution namely International Court for Dispute Resolution [INCODIR] methods.

The INCODIR will


i. Bring fair settlement and
ii. Peace amongst communities and parties domestically in a country and
iii. Internationally in the most effective manner and
iv. In the quickest possible time.

According to the Constitution of INCODIR; the dispute is International, if it involves


parties from different nationalities, or if the object of the dispute is in a Jurisdiction
other than the parties' Country.
The disputes in a particular jurisdiction or territory of a country, the Dispute Resolution
shall be within the Country / the respective ADR Expert Responsible for the
International Court's forum of the Country shall decide to conduct the proceedings in
their respective country itself.
Whereas further the development of an open world economy with the firm conviction
that international commercial exchanges are conducive to both greater global prosperity
and peace among nations and parties,

Whereas all the activities of the International Court for Dispute Resolution,
whether of a policy or technical nature, aim:
(1) To run a world class arbitration and mediation centre namely International Court for
Dispute Resolution INCODIR
(i) With the aim of resolving disputes through Alternative Dispute Resolution methods
and
(ii) Bring fait settlement and
(iii) Peace amongst communities or parties in a country or in between parties from
different countries
(iv) Either commercial or
(v) International investment or
(vi) With different jurisdictions
(vii) In the most effective manner and
(viii) In the quickest possible time.

(2) To actively interact with national and international arbitration on matters regarding
(i) Domestic arbitration:
(ii) International arbitration:
(iii) Mediation:
(iv) Conciliation:
(v) Adjudication and
(vi) Other alternative dispute resolution methods:

(3) To propagate and popularize the idea of arbitration and mediation in disputes
arising in trade among business circles and trading parties in a country or in between
parties from different countries either commercial or international investment or with
different jurisdictions and encourage the use of arbitration clauses in business and trade
contracts in a country or internationally.

(4) To arbitrate and/or arrange for arbitration through its members or otherwise in
business and trade disputes or amongst trade treaty parties within a country or
internationally.
(5) To promote and bring about amicable settlement of disputes arising in the course of
business and trade within a country or internationally by
mediation/conciliation/arbitration/adjudication or otherwise.

(6) To offer facilities


(a) Furnish experts competent to advice on arbitration legislation and procedures:
(b) Lectures on topical questions concerning arbitration:
(c) To convene conferences at such places and such times as may be determined in
furtherance of the objects of INCODIR:
(d) To convene Group of expert arbitrators:
(e) To convene Group of young arbitrators:
(f) To help and guide all professionals in general who wish to have knowledge of the
international arbitration proceedings:
(g) Other mediation / arbitration / adjudication methods used in dealing with disputes
arising out of business and trade transactions within a country or internationally:
(h) Award professional excellence country wise and internationally:
(i) Award of Life Time Achievement
(j) Offer and arrange for fellowships to arbitrators mediators and adjudicators
professionals in all fields:
(k) Awards to Country Members:
(l) Awards to Regions / Groups:
(m) Awards to Committees for excellence
(n) Awards to Staff in INCODIR and INCODIR forum in a country
(o) Awards to personnel excelled for society:
(p) Prepare, print and publish in papers:
(q) Periodicals:
(r) Pamphlets;
(s) Bulletins:
(t) Brochures,

(7) To promote international trade, services and investment, while eliminating obstacles
and distortions to international commerce;

(8) To promote a market economy system based on the principle of free and fair
competition among business enterprises;

(9) To foster the economic growth of developed and developing countries alike,
particularly with a view to better integrate all countries into the world economy;

(10) Whereas the International Court for Dispute Resolution is committed to fighting
protectionism in all its forms, disputes expanding the international flow of goods,
services, capital and technology, making policy recommendations on a wide range of
international issues and translating its principles into practical services to the business
community to facilitate commercial exchanges across frontiers; and

(11) Whereas the International Court for Dispute Resolution is also


(i) convinced of the paramount need of enhancing the respect of high standards,
(ii) Equity and
(iii) Good faith in international professional and
(iv) Business relationships disputes resolving through Alternative Dispute Resolution
methods and bring fait settlement and peace amongst communities or parties;

The Court Main Values

Serving Justice

As Arbitrators and Adjudicators we serve justice, and as Mediators we serve the collaborative non-adversarial justice.

Preserving Peace

As Peace Mediators and Experts in Peacebuilding, we try to help in the preserving of peace.

Respect the Professional Ethics

In every moment and in all of our work, the professional ethics is our first priority.
Members and Fora

Membership of INCODIR is divided to;

Partners, Regional Authorities, Court ADR experts and Adjudicators

Partners: Are the ADR experts (Adjudicators) responsible for the Fora, as each partner
is responsible for his forum.

As stated by Article 4 of INCODIR Constitution "Each partner in the court shall be


responsible of his Forum, and he shall have power to do anything which it may consider
appropriate for the proper performance of The Court functions in his region, and in
particular:
a. Advertise for the court in the way he sees appropriate.
b. Formulate the appointing authority in his region (Regional Authority).
c. Formulate list(s) for ADR experts to be appointed in disputes in his region.
d. Decide the administrative fees, in his region, for filing a dispute to the court, and
decide who should bear these fees, i.e. the client or the expert.
e. Be the Seal holder of the court's seal in his region.
f. Speaks in the name of the court in his region."

Regional Authority: Are the Adjudicators in a forum whom responsible for


appointing the ADR experts in the disputes in their region.

As stated by Article 5 of INCODIR Constitution "Each Regional Authority shall be


responsible of the following;
a. To act as appointing authority in any case where an agreement provides for
appointments of the ADR experts by the INCODIR.
b. To perform the functions conferred on it by any applicable rules of arbitration,
mediation, conciliation, or adjudication.
c. To make recommendations to the Partners as appropriate concerning the
performance of the court."

The Court ADR Experts and Adjudicators: Are the ADR experts and the
Adjudicators listed on the Court's lists, and who are to be appointed in disputes by the
Court.

The Court's Model Laws Drafting Committee INCODIR MLDC: Acts as a


Permanent Committee for Drafters of International Model Laws, its members shall be
appointed in the Model Laws Working Parties that INCODIR form to draft Model Laws.

If you wish to be added to one of the court ADR experts' and Adjudicators'
lists, please contact the ADR Expert responsible of the Court Forum in your
jurisdiction.

The Court Fora


1- Australia Forum
Presided by: Chandrika Subramaniyan

2- Bulgarian Forum
Presided by: Maya Stoyanova
3- England Forum

4- German Forum
Presided by: Emad ElSabe
5- Indian Forum
Presided by: Arunachala Baskaran

6- Italy Forum
Presided by: Giovanni Matteucci

7- Middle East and North Africa (MENA) Forum


Presided by: Medhat El-Banna

8- Netherlands Forum

9- North America Forum

10- West Africa Forum


Presided by: Akintola Yusuf Oladapo
Answers

In what way is the International Court for Dispute Resolution a "Court", I


mean is it a government body, or formulated by public international law
treaty?
The International Court for Dispute Resolution (INCODIR) is a private body of eminent ADR
experts operates nationally and regionally through its Fora, and operates internationally through
its whole formation. There is no connection between the INCODIR and any State Court, the
INCODIR is not linked to government of any jurisdiction and is not formulated by any public
international law treaty or any inter-governmental treaty of any kind.

When INCODIR Consider a Dispute to be international?


According to Article 3 of INCODIR Constitution; the dispute is International, if it involves parties
from different nationalities, or if the object of the dispute is in a Jurisdiction other than the
parties' Country. In those Disputes, the Court as a whole (All the Partners) shall be responsible
of the appointment of the ADR expert and of everything in the procedures of the ADR process.

Who are the "Partners"?


In INCODIR the term Partner denote the "ADR Expert / Adjudicator responsible for a forum",
more commonly the ADR Expert / Adjudicator preside a forum.
What are the responsibilities of the "ADR Experts responsible for a forum"?
According to Article 4 of INCODIR Constitution the "ADR Experts responsible for a forum" shall
have power to do anything which it may consider appropriate for the proper performance of The
Court functions in his region, and in particular:

a. Advertise for the court in the way he sees appropriate.

b. Formulate the appointing authority in his region (Regional Authority).

c. Formulate list(s) for ADR experts to be appointed in disputes in his region.

d. Decide the administrative fees, in his region, for filing a dispute to the court, and decide who
should bear these fees, i.e. the client or the expert (in Egypt and Bulgaria only clients shall bear
the administrative fees).

e. Be the Seal holder of the court's seal in his region.

f. Speaks in the name of the court in his region.

According to Article 7 of INCODIR Constitution he should vote in the election of the president of
the court.

What are the responsibilities of the "Regional Authorities"?


According to Article 5 of INCODIR Constitution; each Regional Authority shall be responsible of
the following;

a. To act as appointing authority in any case where an agreement provides for appointments of
the ADR experts by the INCODIR.

b. To perform the functions conferred on it by any applicable rules of arbitration, mediation,


conciliation, or adjudication.

c. To make recommendations to the Partners as appropriate concerning the performance of the


court.

Which are the Acts which should be made "in the name of the Court"
otherwise it is void?
All the important acts, which includes but not limited to; listing an ADR expert in the courts list,
appointing an ADR expert to a dispute, the awards of the arbitrators, etc

Who have the right to speak "in the Name of the Court"?
The president of the Court, the Court Registrar, and the "ADR Experts responsible for the
forums (Fora)", i.e. the presidents of the Fora.
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What is the Function of the Court Registrar?


He is responsible of the Court formal communications, and all other secretary work.

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How Can I become one of the Court ADR Experts or Adjudicators?


If you wish to be added to one of the court ADR experts' and Adjudicators' lists, please contact
the ADR Expert responsible of the Court Forum in your jurisdiction.

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How Can the Constitution of the Court be amended?


According to Article 5 of INCODIR Constitution; the provisions of INCODIR Constitution may
only be amended with the mutual consent of all of the partners, i.e. the ADR Experts responsible
for the forums (Fora).