Toward Greater Inclusivity in ADR Soft Law Design: Tracing the Role of the UNCITRAL Regional Centre on the Development of Cross Border ADR

Abstract

Expanding inclusivity in the design and development of global conflict resolution norms guiding the resolution of cross-border commercial disputes has become the focus of increased attention. In recent years, a rich body of work examining how ‘legal norms are developed, conveyed and settled transnationally’ has emerged, ‘integrating both bottom-up and top-down analyses’. Calls for expanded representation at both the vertical (between global institutions and individual citizens) and horizontal (between states and international organisations) levels have been advanced with the aim of strengthening legitimacy through more effective participation. In response to such observations, this paper examines the role of the UNCITRAL Regional Centre for Asia and the Pacific in coordinating with private and public sector institutions in the development and application of global cross-border dispute settlement guidelines. It seeks to distil positive lessons learned from what may be described as ‘decentralized transnational law engagement’, elucidate regional dynamics, and glean best practices.