Untimely concordance: the discreet convergence of civil and arbitral proceedings

Abstract

This chapter examines the ways in which dispute resolution mechanisms in civil and commercial matters are converging in at least two broad areas. Firstly, in the legal framework of international legal cooperation. A review of the New York Convention 1958, the Judgments Convention 2019, and the Mediation Convention 2018 reveals the emergence of an increasingly structured and coherent system of international civil justice. Secondly, the convergence is discernible in the procedural principles, laws, and practices of arbitration, litigation, and mediation. Examples of the common trends include a prudential and cooperative approach to case management, a hybrid written-oral model of witness testimony, and a system of access to evidence that is situated between the US and European traditions. Although these instances are reflected in harmonized soft law instruments such as the ALI-UNIDROIT Principles 2004, the ELI-UNIDROIT Model Rules 2020, and many others in the arbitration field, the convergence extends beyond laws to encompass the practice of international adjudication.