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- Title
Alternative dispute resolution (ADR) and secured transactions.
- Authors
Chebeane, Maya Boureghda
- Abstract
The growth of international commercial trade has favoured ADR as a way to solve disputes in international relations which has become an unavoidable path. However, it seems that it has not yet grown as such in secured transactions. The place of secured transactions, at the crossroad of several interests and the interference of third party rights, may have hampered the development of ADR in this field. The ceaseless power struggle between insolvency laws and secured transactions have been part of this brake for the international development of ADR. The evolution of security interest's rules all over the world pushed by economic goals and the adoption of model laws incorporating international standards, such as the UNCITRAL Model law on secured transactions, may have opened a door to an increasing role for ADR and specifically arbitration in secured transactions disputes. ADR is half way between judicial courts and self-enforcement mechanisms. The increase of self-enforcement mechanism in secured transactions but even in insolvency matters with the increasing role of pre-insolvency restructuring shows that there is room for arbitration in secured transactions. ADR may in addition contribute to the first goal of secured transactions: enhancing access to credit by reducing credit risk through the taking of collateral, if it contributes to enhancing and simplifying enforcement of securities.
- Subjects
DISPUTE resolution; COLLATERAL security; INTERNATIONAL trade
- Publication
Uniform Law Review, 2017, Vol 22, Issue 4, p773
- ISSN
1124-3694
- Publication type
Article
- DOI
10.1093/ulr/unx040