Development Financing of Dispute Resolution Reform Projects: The Evolving Approach of the Asian Development Bank

Abstract

This chapter focuses on the developmental aspect of dispute resolution based on the experience of the Asian Development Bank (adb) over the last twenty years. adb has undertaken projects that support dispute resolution mechanisms in its developing member countries with the aim of achieving development impacts towards a more inclusive and sustainable economic development in Asia and the Pacific. This chapter posits that the promotion of dispute resolution through thematic or targeted interventions has yielded more effective results compared to larger-scale interventions through broader justice sector reform programs. This is demonstrated through adb’s recent experience financing and implementing technical assistance projects under its Office of General Counsel’s Law and Policy Reform Program focused on environmental and climate change adjudication, access to justice in gender-based violence cases and creating and strengthening international arbitration laws to foster foreign direct investment and cross-border trade. adb does not necessarily shy away from ambitious investments in the justice sector, but recent experience has shown that through smaller, welltargeted interventions with strong ownership by key stakeholders within their absorptive capacity, it has been able to demonstrate meaningful impact in the area of dispute resolution. Ramit Nagpal and Christina Pak 9789004407411 Downloaded from Brill.com03/07/2020 04:09:24AM via free access