Such acknowledgement of territorial jurisdiction can be found, for example, in the
preamble and general provisions of Brussels I Regulation (44/2001).
26 Luhmann, Law as a Social System (n 9) 389.
27 Although nowadays state litigation and ADR are seen as competing models, this has
not always been the case. Interestingly enough, Scottish American legal scholar Ian
Macneil has pointed out that the negative attitude of litigation towards ADR is a
relatively new phenomenon. In the nineteenth century the attitude towards arbitration
was usually favourable. See Ian R Macneil, American Arbitration Law. Reformation –
Nationalization –Internationalization (Oxford University Press 1992) 18–21. See also
J Resnik ‘Many Doors – Closing Doors –Alternative Dispute Resolution and Adjudication’ (1995) 10 Ohio State Journal on Dispute Resolution 211, 214. ‘MacNeil’s
major assumption – two distinct systems in conversation with each other, with ADR
existing apart from the state – is decreasingly reflective of contemporary trends.’
28 Luhmann, Social Systems (n 5) 165.
108 Three quests for justification
preamble and general provisions of Brussels I Regulation (44/2001).
26 Luhmann, Law as a Social System (n 9) 389.
27 Although nowadays state litigation and ADR are seen as competing models, this has
not always been the case. Interestingly enough, Scottish American legal scholar Ian
Macneil has pointed out that the negative attitude of litigation towards ADR is a
relatively new phenomenon. In the nineteenth century the attitude towards arbitration
was usually favourable. See Ian R Macneil, American Arbitration Law. Reformation –
Nationalization –Internationalization (Oxford University Press 1992) 18–21. See also
J Resnik ‘Many Doors – Closing Doors –Alternative Dispute Resolution and Adjudication’ (1995) 10 Ohio State Journal on Dispute Resolution 211, 214. ‘MacNeil’s
major assumption – two distinct systems in conversation with each other, with ADR
existing apart from the state – is decreasingly reflective of contemporary trends.’
28 Luhmann, Social Systems (n 5) 165.
108 Three quests for justification