StudentShare solutions
Triangle menu

International commercial dispute resolution - Coursework Example

Extract of sample
International commercial dispute resolution

...............................4 Dispute Management………………………………………………………………6 How Detached Are The Arbitration Procedures From Municipal Laws............9 Theories and Examples That Support The Judiciary Nature Of Arbitration...13 Kerr LJ's Views On Arbitration With Respect To English Law ………………17 Conclusion………………………………………………………………………….18 Refernces…………………………………………………………………………...20 Introduction International Commercial Dispute Resolution can be done by alternative resolution methods. Most often these are structured as dispute resolution methods, which are described using a third person and a result is found with this but this need not involve legal binding. Resolution will be met with the inflexibility of the state court process and will also lead to a fairer outcome for the parties. History The Alternate Resolution movement began in the early 1970s in the United States. They began looking for alternatives to state court proceedings to save time and money. A big step came in 1976 when the Conference took place on the Causes of Popular Dissatisfaction with the Administration of Justice (known as Pound Conference) in Saint Paul, Minnesota. Academics, court staff and lawyers banded together to search for new ways of dispute resolution. The most important and most widely used alternative dispute resolution method is arbitration. An out-of-court settlement of a dispute between opposing parties by a compromise proposed by a neutral authority accepted by both the parties is called arbitration. How is Arbitration Different From Other Municipal Laws? Arbitration is different from municipal laws in the fact that this is a contract that, if replaced with municipal legal procedures1, can resolve a legal dispute out of court: During the conciliation something new is created at will (a contract), and arbitration by an arbitrator is judged on whether the two parties agree to the resolution or not. The motto of the resolution by arbitration courts is: "Penal Point. It's just not necessarily to judge about what is right from both parties, but to find a common solution to the legal conflict, both parties compromise and come to a solution so that they can get along and legal peace is restored. This can also be a solution that would not be decided in this form by a court. The comparisons in front of the offices are just like arbitration agreements before a conciliation board is set up. It must be ensured, however, that the comparisons are designed to be sufficiently precise, so that - if necessary - they could be enforced by a bailiff. However, it remains to be noted that the comparison rate is well over 50% of cases and are not met by the parties. Only for non-compliance, enforcement ever comes into consideration. One big example of arbitration in the field of international commercial dispute settlement is the role of the dispute settlement body in the World Trade Organization (WTO).The Dispute Settlement Bod ...Show more

Summary

International Commercial Dispute Resolution Abstract The essay analyses the distinguishing aspects of processes of arbitration in contrast to the municipal laws. The various arbitration theories in the context of Kerr’s statement on arbitral procedures are detailed in the essay as well…
Author : bbuckridge
International commercial dispute resolution essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the coursework on your topic
"International commercial dispute resolution"
with a personal 20% discount.
Grab the best paper

Related Essays

International Aspects Of Business Law
Now the matter of concern for the buyer namely, Nee Soon Wat was the extent of damage of materials in the dropped boxes. But after inspection of the dropped boxes he found that the objects were intact. So he formally accepted the goods and paid Sefton Toys for the consignment.
11 pages (2750 words) Coursework
Arbitration
National courts (appointing authority) also have a role to play in referring the parties to arbitration. Parties to the dispute have rights to seek enforcement of arbitral awards as envisaged by the New York Convention, any other international treaties or national laws as may be provided for in arbitration agreement (clause).2 The instant case involves parties from different nations namely U.K.
10 pages (2500 words) Coursework
Arbitration
The term ADR includes different forms of processes, which are sponsored by different organizations with a variety of rules. Parties involved in disputes usually choose these types of ADR to reach a decision about their arguments instead of subjecting their cases to traditional litigation procedures.
10 pages (2500 words) Coursework
Dispute resolution
God created man in a unique way. Nearly almost every human being thinks that whatever he or she does is right. Many things that we do end up bringing many conflicts between the people we are related to and us. The way we solve these conflicts in the society matters a lot.
15 pages (3750 words) Coursework
International Oil and Gas Law
Introduction Colonel Drake can be said to be the father of the oil & gas industry as it was he who made the first successful drilling at Titusville, Pennsylvania on 27 August 1859. At the end of the First World War, petroleum was declared as necessary for the economy of a nation as blood is to the human body.
16 pages (4000 words) Coursework
INTERNATIONAL ALTERNATIVE DISPUTE RESOLUTION
However, this evolved in steps – first, the arbitration clause began to be considered as separate from the underlying contract; then, even though it was separate, it was held that it did not survive the end of the contract; then it was held that it would survive the end of a contract, and would survive if a contract was voidable, but no if a contract was void.
15 pages (3750 words) Coursework
International Aspects Of Business Law
?…………...12 References Executive Summary In this case a complicated situation arose between the buyer and seller due to occurrence of some unfortunate events. The events occurred in between loading of cargo and the shipment of cargo to the agreed destination.
11 pages (2750 words) Coursework
Dispute Resolution Sociology Coursework
God created man in a unique way. Nearly almost every human being thinks that whatever he or she does is right. Many things that we do end up bringing many conflicts between the people we are related to and us. The way we solve these conflicts in the society matters a lot.
7 pages (1750 words) Coursework
Why has the World Trade Organisation failed to establish a free trade regime
A series of rules has been developed ensuring the credibility of the relevant procedures – these rules are mainly included in
4 pages (1000 words) Coursework
Dispute Resolution

Learning to resolve dispute the author has learnt many things about himself. He has seen has weaknesses and strength in conflict resolution. He has learnt the role of people in the society. This class knowledge has helped him solve many problems in his life. Most of them are successful while others fail.

21 pages (5250 words) Coursework
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Rate this paper:
Thank you! Your comment has been sent and will be posted after moderation