INTERNATIONAL TRADE LAW

ROUGH DRAFT
RECENT TRENDS IN THE INTERNATIONAL INSTITUTE FOR CONFLICT
PREVENTION AND RESOLUTION
INTRODUCTION
Founded in 1979, The International Institute for Conflict Prevention and Resolution (also known
as CPR Institute) is a membership-based nonprofit organization dedicated to efficient, effective
and innovative commercial conflict prevention and resolution around the world.
Serving as an international resource for the avoidance, management and resolution of multiparty
business disputes, the CPR Institute connects practitioners to best practices through an integrated
agenda of research and development, education and advocacy. Its proprietary panels of
arbitrators and mediators represent the industry elite and have provided resolutions in thousands
of cases, with billions of dollars at issue, worldwide.
The CPR Institute is also a global organization for lawyers seeking ADR protocols and
procedures, the latest case decisions and practice guidelines, CLE courses, business publications,
and conferences.
CPR is the only organization which has created a means by which corporations and law firms
can commit to trying ADR procedures before moving to full-scale litigation.
The ADR Pledge is a statement of policy aimed at encouraging greater use of flexible, creative
and constructive approaches in resolving business-related disputes. It promotes systematic, early
resolution and establishes a flexible framework for helping to resolve complex multi-party
disputes.

More than 4,000 operating companies have committed to the Corporate Policy Statement on
Alternatives to Litigation. Moreover, better than 1,500 law firms have signed the CPR Law Firm
Policy Statement on Alternatives to Litigation.

CHAPTERS
1.
2.
3.
4.
5.

INTRODUCTION
CPR: INNOVATOR OF STRATEGIES AND THOUGHT LEADER
CPR 'PANELS OF DISTINGUISHED NEUTRALS'
RULES & DISPUTE RESOLUTION SERVICES
CONCLUSION AND SUGGESTION

DETAILED OVERVIEW
1. INTRODUCTION
With litigation costing billions every year, the effective management of conflict continues to be
critical for companies to lower costs, reduce risks and improve business relationships. Thus, it is
key for today's practitioners to stay abreast of the latest trends in conflict management and to be
capable of using the full spectrum of dispute resolution strategies to resolve business disputes in
the most efficient way.
2. CPR: INNOVATOR OF STRATEGIES AND THOUGHT LEADER
In 1984, the International Institute for Conflict Prevention & Resolution (CPR) I launched the
CPR ADR Pledge (the 'Pledge')? which committed signatories to first try to resolve their
conflicts through alternative dispute resolution (ADR) before launching into costly litigation.
The Pledge, which has been signed by more than 5,000 corporations and law firms, has turned
out to be a very successful tool in promoting alternative dispute resolution of business conflicts.
Over the past three decades, CPR has continued to be a thought leader in educating the legal and
business communities about conflict prevention and resolution and in spearheading groundbreaking innovations in the field of public and private resolution of business-related disputes
worldwide. These innovations include various non-administered arbitration and mediation rules,
industry protocols and other dispute resolution tools.

This past year, CPR has continued to innovate with new strategies and tools. For example, CPR's
Arbitration Committee has released the CPR Protocol on the Determination of Damages in
Arbitral Proceedings (the 'Protocol')." The Protocol, which is the result of more than two years'
work, provides guidelines to arbitrators, counsel and their clients for the efficient and fair
presentation of damages. The Protocol also sets out a roadmap for the presentation by experts of
their damage calculations.
Another innovation is the much talked about Economical Litigation Agreement (ELA), also
known as the 'civil litigation prenup'. The ELA, which was spearheaded by Daniel B Winslow of
Proskauer Rose, is a hybrid of civil litigation and arbitration where the parties agree in their
contract that any disputes will be settled by economical litigation before a judge, and that any
discovery issues will be referred to an ELA arbitrator. The idea is that a knowledgeable ELA
arbitrator will enable the parties to proceed more efficiently through litigation and significantly
reduce the cost of discovery.' Also standing out is the newly released CPR Master Guide to Mass
Claims Resolution Facilities which was drafted by CPR's Commission on Facilities for the
Resolution of Mass Claims co-chaired by Kenneth R Feinberg of Feinberg Rozen, and Deborah
E Greenspan of Dickstein Shapiro. The Master Guide examines the use of ADR in various mass
claim situations ranging from defective products to 9/1 I-type tragedies, and recommends best
practices. CPR has developed many other tools, such as the CPR's Due Diligence Evaluation
Tool for Selecting Arbitrators and Mediators and the revised version of CPR's Early Case
Assessment Toolkit.
3. CPR 'PANELS OF DISTINGUISHED NEUTRALS'
Because selecting a highly qualified neutral is critical to ensure successful dispute resolution and
should not be left to chance, CPR maintains 'Panels of Distinguished Neutrals" composed
exclusively of the industry elite - retired judges, prominent attorneys, leading business
executives, academics and ADR professionals from around the world. Our panellists have all
been qualified through CPR's rigorous credentialing process and have been peer-reviewed and
user-approved for quality. As a result, CPR's neutrals are the most sought-after in the field
because of their ability to resolve complex business disputes, as well as their strong case
management skills and solid ADR background. They are experienced in multinational corporate
disputes or issues of public sensitivity and have achieved resolutions in thousands of cases, with

billions of dollars at issue, worldwide. CPR members have exclusive access 24/7 to our
proprietary 'Panels of Neutrals' which they can search, based on a variety of criteria, on our new
website.' We also provide non-vetted lists of neutrals for a small fee to non-members who are
looking for highly-qualified neutrals meeting specific criteria.
4. RULES & DISPUTE RESOLUTION SERVICES
Over the years, CPR's committees have developed a number of rules that can be used to resolve
disputes effectively. In addition to the standard CPR Mediation Procedure, the CPR NonAdministered Arbitration Rules, and the CPR Rules for Non-Administered Arbitration of
International Disputes, CPR offers many industry-specific rules," as well as the CPR Arbitration
Appeal Procedure." The main distinguishing characteristic of these rules is that they provide for
non administered proceedings. Non-administered proceedings enable sophisticated parties to
have total control over the process because they are free to completely customise the rules. In
effect, the rules act as mere gap fillers. Thus, users often set their own timetables to control the
pace of the proceedings and their own customised processes to exercise greater control over the
selection of neutrals. The other key advantage of a non-administered process is that it enables the
parties to significantly reduce dispute resolution costs. Once they are selected, the neutrals
directly administer the proceedings and the parties do not have to file pleadings with CPR. As a
result, parties do not have to pay an administrative fee to CPR. Even though users of our rules
are free to conduct totally non-administered proceedings, CPR provides a number of services to
assist the parties. First and foremost, CPR regularly assists the parties in the selection of their
neutrals.
Under the CPR Mediation Procedure, if the parties cannot agree promptly on a mediator, they
notify CPR of their need for assistance in the selection of the mediator. CPR then works with the
parties to develop a detailed profile of the qualifications and experience required for the neutral.
CPR queries potential candidates for their availability, potential conflicts of interest, and rates.
The neutrals' responses and biographies are submitted to the parties who then have a limited
timeframe to agree on a candidate. If they fail to agree, the mediator is selected through a
ranking process. Because the parties know the availability of the candidates, their rates and their
disclosures, they are able to make informed decisions. A similar 'vetting' process is used in
arbitration proceedings. Under the default CPR Rules for Non-Administered Arbitration, each

party appoints a party appointed arbitrator, and the two party appointed arbitrators then appoint
the chair. If the parties fail to appoint their party-appointed arbitrators or if the party appointed
arbitrators fail to appoint the chair, the arbitrators are appointed through CPR's vetting process
described above. This process is also used when the parties have customised their clause to
provide that one or more arbitrators shall be appointed by CPR or when the parties provide in
their clause that the party-appointed arbitrators will be selected through CPR's screened selection
process. With this process, the parties select their party-appointed arbitrators without their
knowing which party appointed them." This innovative process buttresses the impartiality of the
panel and adds a layer of protection against challenges and risk of vacatur of awards down the
line.
Finally, CPR remains ready to assist parties using non-administered rules if necessary. For
instance, when requested, we assist parties in serving non-responding respondents, scheduling
interviews for the selection of neutrals, reviewing challenges of arbitrators post selection and
reviewing awards.
5. CONCLUSION AND SUGGESTION
BIBLIOGRAPHY
TANAYA THAKUR
827
3rd Year