AIM & SCOPE
The AIADR Journal of International ADR Forum (ISSN Number : 2773-5052), inaugurated in August 2020, stands as a quarterly scholarly publication orchestrated by the Asian Institute of Alternative Dispute Resolution (AIADR). Its cardinal objective is to evolve into a distinguished “Repertoire of Global Jurisprudence,” offering a comprehensive exploration of Alternative Dispute Resolution (ADR). This academic endeavor is enriched by the insightful contributions of independent ADR practitioners, esteemed academics, dedicated researchers, erudite scholars, and active participants in ADR Forums. Embracing originality as its hallmark, the journal rigorously evaluates submitted works through a blind peer review process, leveraging the expertise of a panel comprised of academia, distinguished practitioners, judiciary members, and acclaimed authors. In addition to original articles, the journal graciously welcomes voluntary commentaries and book reviews from commentators and institute members alike. Contributors, driven by a shared commitment to the Institute’s vision, collectively contribute to the journal’s mission of fostering a nuanced understanding of ADR practices on a global scale. Through this collaborative effort, the AIADR Journal emerges as a dynamic platform, dedicated to advancing the discourse, scholarship, and practice within the realm of Alternative Dispute Resolution.
The Editorial Sub-Committee (ESC)
The primary responsibility of the AIADR Editorial Sub-Committee is to be the Editor of the Journal & Newsletter and to conduct peer reviews of all articles submitted for publication in the Journal (International ADR Forum) and Newsletter (ADR Centurion). The committee comprises members from academia, distinguished practitioners, the judiciary, and acclaimed authors. Two full-time AIADR staff members will support the Editorial Sub-Committee by serving as contact person for the journal, ensuring that the highest standards of the Journal are consistently maintained.
Contact Information for Editorial Office :
Email : aiadr.editor@aiadr.world
Address : NO.28-1, Jalan Medan Setia 2, Bukit Damansara, 50490 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur
Sagar Kulkarni, FCIArb | FAIADR
Chairman – Editorial Sub-Committee (ESC), AIADR
Founder Advocate, LexWit
Pune, (MH) India
Sagar extensively practices in the field of Alternate Dispute Resolution (ADR) since last 13 years and has obtained certifications and qualifications in the field of International Dispute Resolution. Sagar has expert level skills to analyse/resolve disputes efficaciously and solution oriented. Sagar routinely advises clients on developing dispute avoidance strategies while entering in commercial agreements/contracts and regularly conducts arbitration proceedings of commercial, contractual, construction nature. Sagar has advised major MNC’s in fields like software and IT laws, construction and engineering, technology, EPC projects, turnkey contracts, BOT models, international laws, compliance laws and liaising with foreign lawyers. Sagar always pursues disputes with an approach to come up with solutions that are always unique in a practical way, versatile, innovative, and witty, to emerge successful at tasks in hand. Sagar is empanelled as an arbitrator and mediator with several international arbitration institutions and is fellow of the CIArb, London and AIADR. Sagar regularly sits as arbitrator and mediator in Moot Competitions, including the Vis Moot and FDI Moots.
Dmitry Marenkov, LLM, FAIADR, FCIArb
Vice Chairman – Editorial Sub-Committee (ESC), AIADR
Dmitry is an in-house legal counsel and regularly acts as arbitrator in international commercial cases. He has participated in more than 30 international arbitrations under various rules, including appointments as co-arbitrator, sole arbitrator and presiding arbitrator. Dmitry is also an Accredited Mediator (London School of Mediation). In 2019 he joined the Approved Faculty List of the Chartered Institute of Arbitrators.
A Fellow of the Asian Institute of ADR and the Chartered Institute of Arbitrators, Dmitry is included in the list of arbitrators of the following arbitral institutions: Hong Kong International Arbitration Centre (HKIAC), Asian International Arbitration Centre (AIAC), Vienna International Arbitral Centre (VIAC), International Commercial Arbitration Court at the Russian Chamber of Commerce and Industry (ICAC/MKAS), Arbitration Centre at RSPP, Russian Arbitration Center, Chamber of Arbitrators (Belarus).
Dmitry Marenkov has published a number of articles or chapters in legal periodicals and loose-leaf handbooks and appeared as speaker in seminars and conferences. His working languages are English, Russian and German.
ASSOC. PROF. DR. Nur Emma Mustaffa, FAIADR
Member – Editorial Sub-Committee (ESC), AIADR
Associate Professor Dr Nur Emma Mustaffa is currently a lecturer at the Quantity Surveying Department, Faculty of Built Environment and Surveying UTM, Johor. She holds a degree in law and has been assigned with teaching courses with legal inputs since she joined the department. She is an Accredited Adjudicator from Asian International Arbitration Centre (formerly known as KLRCA) and Fellows of the Asian Institute of Alternative Dispute Resolution (AIADR). Her research interests centers around Construction Law, Procurement, Dispute Resolution, Building Information Modelling contracts and is now involved in researches related to the themes. Her interest in BIM lead her to develop the BIM Educational Framework for the quantity surveying students in Malaysia with her colleague. Apart from that, she is also the Editorial Board Member of the International Journal Built Environment and Sustainability and has been appointed as reviewer for internationally acclaimed journals and conferences from time to time. She also has PhD and MSc students who have successful completed their research under her supervision.
Dr. Lam Wai Pan, Wilson, FAIADR
Member – Editorial Sub-Committee (ESC), AIADR
Dr. Lam Wai Pan, Wilson is a fellow member of HKIArb, AIADR, IDRRMI and IPostdocA. He obtained the LLM (Arbitration & DR) at the University of Hong Kong in 2009. He completed the Postdoctoral Fellow and Visiting Scholar at the California State University, Monetary Bay, Stanford University and University of California, Berkeley in 2021. He obtained the Doctor of Business Administration at Brittany University in France, Vern University of Applied Sciences in Croatia and UCAM University in Spain in 2022. He was conferred the Honorary Doctorate in Laws and Adjunct Professor of SABI University in France in 2019 and 2020 respectively. He is the Adjunct Professor and Senior Expert (Project Management) at the Yuenpei Business School of the Peking University (2020 – 2023). He also serves as Deputy Dean of the China Quality Institute (2021 – 2024).
Dr. LAM Wai Pan, Wilson, FAIADR
Dr. Wilson Lam is an Architect, Authorized Person, PMP, ITIL Expert & Digital Leader, ISO 31000 Risk Manager, CCBM in professional background. He is on the Panel of Arbitrators (SCIA, FAIDRRMI, HKIA); HKIAC Arbitrator Appointment Advisory Board (2014-2017 and 2020-2023); various Panels of Mediators in Hong Kong, Mainland PRC and internationally and Panel of Adjudicators (HKIA, HKIArb, HKIAC, AIAC, HKICAdj and SCADJ).
Ramalingam Vallinayagam, FAIADR
Member – Editorial Sub-Committee (ESC), AIADR
Ramalingam Vallinayagam is a qualified Advocate in India and is also called to the Bar of England & Wales. He holds an LLM in International Dispute Resolution from King’s College London. Ramalingam has been associated with Willem C. Vis International Arbitration Moot since 2018 as a speaker and as an arbitrator. He has also coached the King’s College, London mooting team for the Skadden FDI moot in 2022. Until 2021, Ramalingam practiced before various tribunals and High Courts in India specialising in commercial and insolvency disputes. He currently specialises in public international law advising sovereign States on various issues including investor-State arbitrations
Krusch Pathippallil Antony, AAIADR
Member – Editorial Sub-Committee (ESC), AIADR
Krusch Pathippallil Antony , an Advocate / Arbitrator and Mediator, with 24 Years in LAW and ADR Practice in South India at Kochi. An Associate Arbitrator at the Chartered Institute of Arbitration (ACIArb), U.K, and an accredited Arbitrator & Mediator (Indian Institute of Arbitration & Mediation (IIAM), Member Online Dispute Also, Guest faculty to Law Schools in India; and a panel judge for International Maritime Moot Court Competitions of NUALS, Kochi & NLIU – INADR International Law School Mediation Tournament, Bhopal, and other law schools. Certified in Arbitration Award Writing from CIArb, U.K. Member – Kerala High Court Advocate Association, Kochi. SAMA.LIVE / ADReS Now / CORD/ IDRC, online Dispute Resolution – Arbitrator & Conciliator. Practising Law at High Court of Kerala| DRT |NCLT| Dist. Court, Ernakulam, Kochi. Member- Society of Construction Law- India. Member- Nani Palkhivala Arbitration Centre- Chennai. Currently working as a Partner –Arbitration & Litigation to a National Law Firm M/s King Stubb & Kasiva, Advocates & Attorneys, with offices in New Delhi, Bangalore, Mumbai, Chennai , Kochi and other parts of India.
Dr. Shahrizal M Zin FCIArb, FAIADR, FMIArb
Member – Editorial Sub-Committee (ESC), AIADR
Dr. Shahrizal M Zin FCIArb, FAIADR, FMIArb is a legal academic and alternative dispute resolution (ADR) practitioner. He read law at the University of Malaya as a Public Service Department scholarship recipient. He graduated with LLM from the University of Malaya and held a Ph.D. from Monash University, Australia. He has been awarded a diploma in International Commercial Arbitration (DipICArb) from the Chartered Institute of Arbitrators (CIArb) UK and admitted as a fellow since 2016. He is also a fellow of the Asian Institute of Alternative Dispute Resolution (AIADR) and the Malaysian Institute of Arbitrators (MIARB). He regularly sits as an arbitrator and adjudicator concerning construction claims under Arbitration Act (2005) and CIPAA 2012. He is the author of several publications, among others, Common Issues in Malaysian Adjudication: Guide to CIPAA 2012, Cases and Materials (LexisNexis, 2020), and ‘Reappraising Access to Justice: A Critical Review on State Recourse to Counterclaim’ in Alan Anderson and Ben Beaumont, ISDS: Reform, Replace or Status Quo (Wolters Kluwer, 2020). He is currently acting as a senior lecturer at the Faculty of Law, University Technology MARA (UiTM).
Dr. Emmy Latifah, MAIADR
Member – Editorial Sub-Committee (ESC), AIADR
Dr. Emmy Latifah is a Professor of International Law in International Law Department, Faculty of Law, Universitas Sebelas Maret (UNS). She has been teaching there since 2006, including teach at Magister and Doctoral Program in many universities in Indonesia. Her researches and writings are rooted within the field of international law issues, especially in public international law, law of the sea, intellectual property law, international trade law, international contract law, law of treaty, international environmental law and arbitration. She also has published many articles in journal, both in Bahasa and English. Emmy Latifah is a frequent speaker at numerous seminars and conferences, both in her country, Indonesia, and outside of Indonesia. Moreover, she is also an arbitrator. Currently, she approved as a member of Editorial Sub-Committee in Asian Institute of Alternative Dispute Resolution (AIADR), non-profit institution which dedicated to promoting the practice of ADR through affordable and accessible education and development of the profession across the continent and its neighbours.
Author Guidelines
- Articles should be submitted to [ aiadr.editor@aiadr.world ].
- Articles must be originally authored and free from all copyright violation and plagiarism. If articles contain material which is someone else’s copyright, the unrestricted permission of the copyright owner must be obtained and evidence of this submitted with the article.
- If an author wishes to submit his/her article which has been published elsewhere, it must be accompanied with permission or supporting document from the original publisher (if any).
- Submission to the AIADR Newsletter/Journal is taken as a continuing representation that the article is not under consideration by any other journal at the time of submission. The Editorial Board will not consider for publication articles which are at the time of submission, under consideration elsewhere.
- Topics should be related to the Alternative Dispute Resolution (“ADR”) forum, including scholarly piece, book review and commentary on recent ADR events.
- Hyperlink citation is required for Newsletter publication and OSCOLA referencing style is required for Journal publication.
- Articles may include graphs or other visual illustrations, including photographs.
- Name of author(s) must be included in full, together with country of residence and name of firm/company/university. A short biography and professional headshot (with plain background) of the author(s) may also be included.
- A maximum of 3 authors is allowed to co-author an article.
- Articles must not exceed 3000 words for Newsletter, and between 3,000 – 10,000 words for Journal. The Editorial Sub-Committee will accept submissions exceeding 3,000 words for the Newsletter or 10,000 words for the Journal only in exceptional cases.
- Articles are welcome to be authored in dual language (ie. Native language and English translation).
- Articles which missed the deadline for upcoming publication would be considered for the next available issue. The Editorial Subcommittee cannot guarantee publications.
- Submissions shall be accompanied by completed and signed “Authors Undertaking and Declaration Form” before it can be accepted for review.
- Articles should be submitted in Microsoft Word file, using the following typesetting format for the whole article:
- Font Size : 12
- Font Style : Arial Nova
- Single Spaced
- Justified
The AIADR Journal of International ADR Forum (hereinafter referred to as “the Journal”) accepts manuscripts for review under the following ethical guidelines:
- Originality and Prior Publication:
- The manuscript must be the author’s original work.
- It should not have been previously published and should not be under consideration for publication elsewhere. (If an author wishes to submit his/her article which has been published elsewhere, it must be accompanied with permission or supporting document from the original publisher)
2. Content Integrity:
- The manuscript must not contain anything abusive, defamatory, libelous, obscene, objectionable, misleading, or deceptive or likely to mislead or deceive.
3. Publication Fees and Royalties:
- There is no fee for publication, and authors will not receive any royalties for publication.
The AIADR Journal of International ADR Forum is a peer-reviewed international journal dedicated to upholding the highest standards of publication ethics. We have a zero-tolerance policy for plagiarism, copyright infringement, or any other malpractices in publication, and view these issues with utmost seriousness.
The Journal actively protects the rights of authors and will promptly investigate claims of copyright infringement, plagiarism, publication malpractice, or misuse of published material. If an article is found to contain plagiarism or third-party copyright material without proper permission or acknowledgment, the AIADR Journal reserves the right to take appropriate actions to address the situation. This may include, but is not limited to, publishing corrections, clarifications, retractions, and apologies.
To uphold the highest ethical standards, all contributors to the publication process, including authors, reviewers, and members of the editorial team, are expected to fully adhere to our publication ethics and malpractice policy.
- Duties of Authors
Authors submitting articles to the Journal affirm that:
- The manuscript is originally authored and free from any copyright violation or plagiarism. If the article includes material that is copyrighted by someone else, it is essential to obtain unrestricted permission from the copyright owner, and evidence of this must be submitted along with the article.
- Submission to the AIADR Newsletter/Journal is taken as a continuing representation that the manuscript is not under consideration by any other journal at the time of submission. The Editorial Board will not consider for publication articles which are at the time of submission, under consideration elsewhere.
- The manuscript is free from plagiarism, and proper citation has been provided for all sources.
- If an author identifies a substantial error or inaccuracy in their published work, it is the author’s responsibility to promptly inform the journal editors and collaborate with them to retract or rectify the manuscript.
- The manuscript must not contain anything abusive, defamatory, libelous, obscene, objectionable, misleading, or deceptive or likely to mislead or deceive.
- Duties of Editors & Reviewers (Editorial Sub-Committee)
The Editorial Sub-Committee (ESC) plays a pivotal role of maintaining the quality and integrity of the Journal and shall act as the reviewers of all articles submitted. The current members of the ESC can be found above. The ESC shall also act as the main editorial body of the AIADR with the chairperson as the “Chief Editor”. The ESC holds exclusive authority for the evaluation and approval of content and articles to be accepted and published.
The ESC affirm that:
- ESC members must treat any manuscripts received for review with the utmost confidentiality. They should not disclose or discuss the content of the manuscripts with others unless authorized by the Editor (The Secretariat). Respecting the confidentiality of the peer-review process is essential to ensure the integrity and fairness of the evaluation.
- ESC members are required to disclose any conflicts of interest related to the research and/or the authors. If a conflict exists, ESC members should refrain from reviewing the submission. Maintaining objectivity and fairness is crucial in providing constructive feedback to authors.
- ESC members are expected to provide objective and constructive evaluations of the manuscripts. While assessing the work, they should avoid personal criticism of the author and express their views clearly, supporting them with relevant arguments. Constructive feedback from ESC members contributes to the improvement of the manuscript.
- It is important for ESC members to inform the Editor (The Secretariat) promptly if they are unable to complete a review within the stipulated time. If necessary, the editor (The Secretariat) will ask another member of the ESC to take over the review process. Timely reviews by ESC members are essential for maintaining the efficiency of the publication process.
- ESC members have a responsibility to report any breaches of publication ethics or instances of malpractice discovered during the review process. This ensures that ethical standards are upheld, and appropriate actions can be taken to address any concerns.
- Duties of Support Staff (The Secretariat)
The Secretariat will designate 2 full time staff to be support staff of the journal. As support staff, they will have the following duties:
- The Secretariat is responsible for ensuring the overall integrity and quality of the Journal.
- The Secretariat will be the contact person and the middle man between the authors and the editors
- The Secretariat must maintain the confidentiality of the review process and protect the identity of reviewers.
- The Secretariat must address any allegation of malpractice and escalate it to the Editorial Sub-Committee for a review and final decision.
- The Secretariat is tasked with providing guidance to authors on ethical issues and publication standards.
- The Secretariat is responsible for all logistical task with regards to the publication of the journal which includes but not limited to formatting & publication of the journal.
Here is the peer review process for the AIADR Journal of International ADR:
- Authors initiate the submission process by sending their manuscripts via email to editor@aiadr.wolrd . The Secretariat promptly acknowledges the receipt of submitted manuscripts within 1 to 3 days and sends the author the declaration form to be filled.
- The Secretariat conducts an internal review to ensure that the submitted manuscripts align with the journal’s Submission Guidelines. If a manuscript meets the criteria, it advances to the next stage and is sent to the Editorial Sub-Committee (ESC) for further evaluation and peer review.
- The journal employs a double-blind review process, wherein the reviewers remain unaware of the authors’ identities, and vice versa. Manuscripts undergo a double-blind review process by a single reviewer from the Editorial Sub-Committee.
*Note: The AIADR Journal exclusively accepts submissions on the topic of Alternative Dispute Resolution (ADR), and ESC members are subject matter experts in the field of ADR.
- The selected ESC reviewer meticulously evaluates the manuscript, providing detailed feedback. The ESC then formulates a recommendation, indicating whether the manuscript should be accepted, rejected, or if amendments (either major or minor) are required.
- The Secretariat communicates the review outcome to the author via email. If accepted, the manuscript progresses to the publication phase. In cases where revisions are needed, the author receives relevant reviewer comments and suggested amendments.
- Authors are given the opportunity to revise their manuscripts based on the provided feedback. For manuscripts requiring major revisions, the amended version is sent back to the same ESC reviewer. The ESC reviews the amended manuscript to verify that it meets the journal’s publication standards. Once approved, the manuscript is scheduled for publication.
- The entire review process typically spans 5 to 9 weeks, and authors are kept informed at various stages, ensuring transparency and providing updates on the status of their submissions.
- In submitting a manuscript to the AIADR Journal of International ADR Forum, authors hereby agree to a full transfer of copyright to the Asian Institute of Alternative Dispute Resolution (AIADR). Authors further confirm that their contribution does not contain infringing, libelous, obscene, or other unlawful matter.
- By submitting the manuscript, authors grant AIADR the exclusive right to publish the article in any medium owned by AIADR, including but not limited to the AIADR Journal, Newsletter, or AIADR website. AIADR is also granted the right to reproduce and/or distribute (including the abstract) worldwide in printed, electronic, or any other medium, whether now known or hereafter devised, and in all languages.
- Authors acknowledge that AIADR has the right to use any images from the article on the cover of the Journal and/or in any marketing materials.
- No part of this publication may be reproduced, stored in a retrieval system, intranet, Dropbox, OneDrive, distributed, or transmitted in any form or by any means, electronic or otherwise, including but not limited to photocopying, scanning, and recording, without the prior written permission of the AIADR.