Internationalising Adjudication:Towards an Incremental and Polycentric Harmonisation

The paper focuses on internationalising adjudication, a fast ADR mechanism using a third-party adjudicator to make a decision, a timely issue in light of the recent UNCITRAL model clause on adjudication, and the ISAF draft model adjudication law. This authors discuss how harmonisation can be achieved, arguing that, given the discrepancies in adjudication across jurisdictions, harmonisation should be progressively incremental, and should build shared principles and standards rather than imposing a straitjacket on diverse legal systems. Harmonisation should be polycentric, working at different levels to achieve the intended purpose. The paper examines three ways to achieve it – model clauses, a model law and an international convention.