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Enforcing contracts - Coggle Diagram
Enforcing contracts
Quality of Judicial Process
Court structure and proceedings
Specialized commercial
court, division dedicated solely for hearing commercial case
Small claim court/ fast track procedure
Plaintiff can obtain
pretrial attachment
of defendant's moveable assets
the
assignment
of cases is r
andom and automated
a woman’s testimony
carries the same evidentiary weight in court as a man’s
Case management
Time standard
for key court events
Maximum number of
adjournments
or continuances, adjournments limited to unforeseen and exceptional circumstances and these rules are respected.
Performance measurement
reports
about the competent court: (i) Time of disposition; (ii) Clearance rate report; (iii) age of pending cases report and (iv) single case process report
Pretrial conference:
(i) Scheduling; (ii) Case complexity and length of trial; (iii) possibility of settlement; (iv) exchange of witness list; (v) evidence; (vi) jurisdiction; (vii) narrowing down contentious matters
Judge can use Electronic case management system
to: (i) access law, case law; (ii) automatically generate a hearing schedule for cases in their docket; (iii) send notification to lawyers; (iv) track status of the case; (v) view and manage case documents; (vi) assist in writing judgement; (vii) semi-automatically generate judgement; (viii) view court judgments
Lawyer can use Electronic case management system
to: (i) access law, case law; (ii) access forms to be submitted (iii) receive notification; (iv) track status of the case; (v) view and manage case documents; (vi) file briefs and documents; (vii) view court judgments
Court automation
the initial complaint can be filed electronically through
a dedicated platform
the initial complaint can be
served on the defendant electronically
court fees can be paid electronically
judgments
rendered by local courts are made
available to the general public
Alternative dispute resolution
domestic commercial arbitration
is governed by a
consolidated law
commercial disputes of all kinds
can be submitted to arbitration
valid arbitration clauses or agreements are enforced
by local courts
voluntary mediation, conciliation or both are a recognized
way of resolving commercial disputes
voluntary mediation, conciliation or both are governed by a consolidated law
financial incentives
for parties to attempt mediation or conciliation
Effiency of resolving a commercial dispute
Assumption about the case
Time
Cost