Professional Documents
Culture Documents
"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."
"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
Arbitration procedures of the INCODIR are framed at par with usual international standard.
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."
"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."
"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.
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.
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.
(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
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.
In every moment and in all of our work, the professional ethics is our first priority.
Members and Fora
Partners: Are the ADR experts (Adjudicators) responsible for the Fora, as each partner
is responsible for his forum.
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.
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.
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
8- Netherlands Forum
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).
According to Article 7 of INCODIR Constitution he should vote in the election of the president of
the court.
a. To act as appointing authority in any case where an agreement provides for appointments of
the ADR experts by the INCODIR.
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.
Back to Top
Back to Top
Back to Top