El arbitraje en el ordenamiento inglés

ADR mechanisms in the English legal system

Abstract

This article suggests a comprehensive analysis of ADR mechanisms in England and Wales, as it is based on a thorough study of the relevant case law, as well as the 1998 Civil Procedure Rules. In particular, after having discussed the juridical nature of ADR mechanisms (and their effects “inter privatos”), the Authors focus on the structural and procedural aspects of these mechanisms, underlining their main strengths. Furthermore, peculiar relevance is given to the legal nature, structure and enforcement of arbitrary awards, as well as to the possibility to challenge them.

ADR – arbitrary awards – enforcement – National Courts – inter partes validity