Please enable JavaScript.
Coggle requires JavaScript to display documents.
Resolving International Commercial Disputes - Coggle Diagram
Resolving International Commercial Disputes
ALTERNATIVE DISPUTE RESOLUTION
MEDIATION
PARTIES MUST ENTER VOLUNTARILY
PRIVATE AFFAIR NO PUBLICITY
FINAL DESICION TO SETTLE REST WITH THE PARTIES
PARTIES RERSEVE THE RIGHT TO BINDING ARBITRATION OR LITIGATION
ARBITRATION
PARTIES AGREE TO ARBITRATION BUT ONCE AGREED CAN NOT WIHTDRAW
FREQUENTLY USED IN INTERNATIONAL BUSINESS
PRIVATE, NO NEGATIVE PRESS
ADVANTANGES
PERMITS RESOLUTION BY THIRD PARTY
ARBITRATOR MAY BE CHOOSEN
RULES OF THE ARBITRATING ORGANISATION
PROCEDUAL ADVANTAGES
COST EFFECTIVE
RIGHT TO APPEAL LIMITED
DISADVANTAGES
STILL EXPENSIVE
LOOSING PATY HAS LIMITED RIGHT TO APPEAL
DICOVERY IS LIMITED
RELAXED PROCEDURAL RULES
LIMIT RIIGHT TO APPROACH COURT
SELECTION OF ARBITRAR
NO PRECENDETIAL VALUE
COURTS OF MOST WORLD NATIONS ENFORCE ARBITRATION AWARDS
NEW YORK CONVENTION OF 1958 ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRATION AWARDS
LITIGATION
A CASE IS BROUGHT BEFORE A COURT OF LAW SUITABLY EMPOWERED TO HEAR THE CASE BY PARTIES INVOLED FOR RESOLUTION
DIFFERENCES IN LEGAL SYSTEMS: PROCEDURAL LAW
ROLE OF PRESIDING OFFICER
DISCOVERY OF EVIDENCE
TRIAL BY JURY
ISSUE OF DAMAGES
RIGHT OF APPEAL
DIFFERENCE IN LEGAL SYSTEM: SUBSTANTIVE LAW
AVOID DIFFERENCES: CHOISE OF LAW CAUSE
JURISDITION
THE POWER OF A COURT TO HEAR AND DECIDE A CASE
TERRITORIAL
IN REM
SUBJECT MATTER
INPERSONAM JURISDICTION
JURISDICTION IN THE EUROREAN UNION
DETERMINED BY DOMICILE OF DEFENDENT
JURISDICTION IN THE INTERNET AGE
OBTAINING JURISDICTION BY SERVICE OF PROCES
COURTS CAN ONLY OBTAIN BY PROPER SERVICE OF PROCESS
DEFENDENTS HAVE KNOWLEDGE OF THE PROCEEDINGS
FORUM NON CONVINIENS
DISCETIONARY POWER OF A COURT TO HEAR A CASE
VANUE
GEOGRAPHICAL LOCATION OF A COURT OF COMPETENT JURISDICTION
FORUM SHOPPING
LOOKING THE COURT WITH FAVORABLE LAWS
FORUM SELECTION CLAUSE
A PROVISION IN A CONTRACT THAT FIXES THE JURISDICTION IN WHICH ARBITRATION OR LITIGATION WILL TAKE PLACE
CONFLICT OF LAWS
REFERS TO RULES BY. WHICH COURT DETERMINES WHICH JURISDICTION'S LAW APPLY TO A PARTICULAR CASE
APPLICATION TO CONTRACT. SOME FACTORS
PLACE OF CONTRACTING
PLACE WHERE THE CONTRACT WAS NEGOTIATED
PLACE OF CONTRACT PERFOMANCE
LOCATION OF SUBJECT MATER
DOMICILE, RESIDENCE, NATIONALITY, PLACE OF INCORPORATION AND PLACE OF BUSINESS OF PARTIES
APPLICATION TO TORTS. FACTORS
PLACE WHERE INJURY OCCURRED
PLACE CONDUCT CAUSING INJURY ACCOURRED
DOMICILE, RESIDENCE, NATIONALITY, PLACE OF INCORPORATION AND PLACE OF BUSINESS OF PARTIES
PLACE WHERE RELATIONSHIP BETWEN PARTIES IS CENTERED
CHOICE OF LAW CLAUSE
CLASUE IN WHICH PARTIES STIPULATE THE COUNTRY OR JURISDICTION IN INTERPRETING OR ENFORCING THE CONTRACT
ENFORCING OF FOREIGN JUDGEMENT
WINNING PARTY CAN OBTAIN JUDGEMENT FOR DAMAGES
OR OTHER AWARDS
COMMERCIAL DISPUTES WITH NATIONS
SOVEREING IMMUNITY PROTECTS NATIONS FROM SUITS WHEN ACTING AS POLITICAL ENTITIES
EXCEPTION: WHEN FOREIGN GOVERMENTS OPATE BUSINESS WITH INTENTION TO MAKE PROFIT THEN THEY CAN SUED IN COURT