Alternative Dispute Resolution in International Law

The aim of the ILA Committee on Alternative Dispute Resolution is to raise awareness of ADR’s potential contribution to international law. This Committee will work to establish common definitions of ADR procedures, and call attention to disputes where the use of ADR could be more efficient and effective than adjudication. The Committee will: (1) create a general taxonomy of ADR mechanisms in international law; (2) explore ‘Appropriate Dispute Resolution’, i.e., identify those ADR mechanisms that are most suited for certain types of disputes; (3) formulate best practices for each ADR procedure; and (4) determine specific principles to be considered for fields in international law. The Committee will focus on international law disputes in which at least one party is a State, including inter-state disputes and investor-state disputes, as well as transitional justice cases where those have a bearing on the maintenance of international peace and security within the meaning of the Charter of the United Nations. The Committee's work will result in the adoption of two ILA Reports and a Resolution. The Interim Report will present the Committee’s research on types of ADR and on tailoring ADR mechanisms to the nature of various disputes. The report will include case studies on disputes that have been resolved through ADR mechanisms. The Final Report will formulate guidelines and principles based on the research in the Interim Report in a format suitable for adoption as a resolution of the ILA. The Committee’s mandate is due for completion by 2028.