International+Rules+ADR


 * DOMAIN/PROCUREMET&PAYMENT/PROCUREMENT/FORUMS/ADR LIST **

**Forums for Alternate Disputes Resolution - Sample Rules** //Alternate Disputes Resolution (ADR) can be any form of dispute settlement procedure alternative to the courts that is agreed upon between the parties to a commercial transaction. In cross-border procurement the agreed form of ADR is usually through a third party arbitration. ADR can be binding or non-binding and is specified in the contract agreement//.
 * Definition**

The advantages of resolving trade disputes expeditiously has been explained in the Section Page. Using ADR and having an established forum, readily accessible is a critical next step. Availability provides for timely settlement. Having the ADR a part of the purchase agreement also provides predictability of what will happen if a dispute arises. This can often avoid a misunderstanding before it escalates. Third party ADR is also intended to be objective resulting in a fair and impartial settlement that is proportionate to each party's interests. Forums may be arbitration boards that can take up to two months to convene and review or, they can be less formal review panels, committees and individuals. Even after ADR has been agree upon in a procurement, delays resulting from a formal arbitration or disputes settlement can harm both parties almost as much as leaving the dispute unresolved or even relying upon the judicial court system. Disputes resolution forums must be readily available, relatively informal and flexible enough to provide a review and settlement effort that is proportionate to the complexity of the claim that is being disputed. The customs "appeal" procedure is one such example. Officials responsible for making the initial decison, under tutelage of a designated oversight individual or board are required to cite established customs rules and proven product/vendor deficencies. Similar requirements apply to procurement authorities responsible for decisons on the following actions: > Number of sources asked to bid > Proposal evaluation results > Award and pricing decison, and > Payment disallowances Fortunately, multinational institutions organisations and commercial organisations provide rules, standards and forums for the resolution of disputes. The essential elements of each ADR approach are: Availability for prompt review of the claim or appeals; Affordability to both parties, and Confidence of both parties that review is impartial and objective (venue, membership, oversight, established rules) Links & References The following ADR procedures and rules are available to the public: [|UNCITRAL] [|UNCITRAL PUBLISHED RULES] [|WTO] The following websites guide access to ADR forums: __INSERT WORD File with External Links__
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