Private judicial proceedings

Private adjudication - an analysis of new and emerging forms of contractual dispute resolution. It is by no means a new phenomenon that commercial parties choose to solve their legal problems through private alternatives to the state administration of justice in public courts. The most established form of private dispute resolution, arbitration, is well established and has been so for a long time. However, when a commercial dispute arises, or when disputes between commercial parties can be foreseen in advance, it is also increasingly common for parties to choose newer forms of private dispute resolution to deal with their disputes. Instead of bringing the dispute before a state court or an arbitration board, the parties contract a private judge to settle their dispute. Examples include parties contracting a Dispute Board for dispute resolution, or UK parties submitting to Statutory Adjudication, or US parties choosing to settle their dispute with a Rent-a-Judge. Private adjudication arrangements of this kind are also occurring closer to home. For example, Dispute Boards have been used in the construction of the Öresund Bridge and the City Tunnel in Malmö. These procedures are in a borderland between procedural law and contract law and raise both procedural law and contract law issues. Central overall questions are how contract law from different aspects handles procedural law - and not least how the legal system handles this type of agreement.