Whether and in what manner the Due Process of Law Principles should be applied to the Arena of
ADR
ABSTRACT OF THE THESIS ENTITLED
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The development of ADR has its principal origins in the dissatisfaction associated
with litigation and arbitration the way in which disputes are traditionally resolved.
ADR provides various means for resolving civil disputes arising from our ordinary
life. Parties using ADR to resolve their disputes are free to choose the method as
well as the procedure that they like to have their disputes resolved; thus, flexibility is
one of the core advantages that ADR can offer for resolving dispute. However, in
Glencot Development and Design Co Ltd v. Ben Barrett & Son (Contractors) Ltd
(2001) 80 Con LR 14, the parties adopted one of the popular mechanisms of ARD –
Med-Adj resolve their dispute. The decision of a neutral third party in that case was
set aside as a result of the impartiality of the neutral third party in acting as an
adjudicator was challenged on the ground that he also acted as a mediator in the
dispute before.
In light of this recent case law, the flexibility that ADR has obviously is not left
totally unchecked. This article will first consider the law related to impartiality
especially the doctrine of natural justice and its application. The characteristics of
ADR will then be considered. Thereafter, this article will proceed to examine what
would be the central to the process of resolving dispute as well as the requirements
under the due process of law in the context of ADR. Survey will also be conducted
with people within those concerned professionals and conclusion will then be drawn
up in light of the study of the related literatures and the result of the survey.
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Dissertation for Master of Arts in Arbitration & Alternative Dispute Resolution
Whether and in what manner the Due Process of Law Principles should be applied to the Arena of
ADR
TABLE OF CONTENTS
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I.
INTRODUCTION
PP. 05-08
II.
CHAPTER 1: THE DOCTRINE OF NATURAL JUSTICE
PP. 09-15
III.
CHAPTER 2: THE DEVELOPMENT AND APPLICATION
PP. 16-20
OF THE RULES OF NATURAL JUSTICE
IV.
CHAPTER 3: ALTERNATIVE DISPUTE RESOLUTION
PP. 21-27
V.
CHAPTER 4: PROMOTING THE PROCESS VALUES –
PP. 28-35
CENTRAL TO THE PROCESS OF
RESOLVING DISPUTE
VI.
CHAPTER 5: THE DUE PRCOESS OF LAW IN
PP. 36-42
THE ARENA OF ADR
VII. CHAPTER 6: SURVEY
PP. 43-46
VIII. CHAPTER 7: CONCULSION
PP. 47-51
IX.
PP. 52-54
BIBILIOGRAPH
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Dissertation for Master of Arts in Arbitration & Alternative Dispute Resolution
Whether and in what manner the Due Process of Law Principles should be applied to the Arena of
ADR
ABBERIVATIONS
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AC
Appeal Cases
AIR
All India Reports
AIR SC
All India Reports, Supreme Court
All ER
All England Law Reports
All ER Rep
All England Law Reports Republish
Building
Building Law Journal
Ch D
Chancery Division
CJ
Chief Justice
Con LR
Construction Law Reports
Cr App R
Criminal Appeal Reports
Crim LR
Criminal Law Review
DLR
Dominion Law Reports, Canada
HKC
Hong Kong Cases
HKLR
Hong Kong Law Reports
HKLRD
Hong Kong Law Reports & Digest
J
Judge or Justice
JA
Justice of Appeal
KB
King’s Bench
Lloyd’s Rep
Lloyd’s List Law Reports
LJ
Lord Justice of Appeal, England
MR
Master of the Rolls, Head of the English Court of Appeal,
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Dissertation for Master of Arts in Arbitration & Alternative Dispute Resolution
Whether and in what manner the Due Process of Law Principles should be applied to the Arena of
ADR
Civil Division
QB
Queen’s Bench
QBD
Queen’s Bench Division
WLR
Weekly Law Reports
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Dissertation for Master of Arts in Arbitration & Alternative Dispute Resolution