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Resolving international commercial disputes - Coggle Diagram
Resolving international commercial disputes
The Mechanics of the law
affecting international business
Avoiding Business Disputes
Cultural Attitudes toward disputes
Alternative Dispute resolution
Mediation
Voluntary, Nonbinding, conciliation process
Arbitration
More formalized process resulting
in a binding award that the courts of law in many
countries will enforce
Arbitration: Disadvantages
Lack of formal discovery
Discretion of the arbitrator
Inability to appeal
Rising costs
Arbitration Clauses
An arbitration clause is considered to be a
contract which would require parties to
resolve their disputes through am arbitration process
Arbitration: Advantages
Privacy
Control
informality
Cost
Enforcement of arbitration awards
When a dispute has been referred to
the bargaining council, and the matter proceeds
to an arbitration hearing, the commissioner
will proceed to make the appropriate
ruling and issue an arbitration award
Litigation
Difference in legal systems: Substantive law
Substantive law is also the branch of law that decides
who wins the case and what compensation should be received
Difference in legal systems: Procedural law
Procedural law deals with the method
and means by which substantive law is established
and administered
Jurisdiction (Key Concepts)
Territorial
In Rem
Subject matter
:
Jurisdiction in china
Jurisdiction in the Europe community
In personam jurisdication
Jurisdiction in the internet age
Obtaining jurisdiction of service of process
Conflict of laws
Choice of law clauses
Application to torts/delicts
Place where injury occured
Domicile, residence, nationality, place and
incorporation and
place of business of the parties
Place where the relationship between the
parties is centered
Place where conduct causing injury occurred
Commercial disputes with nations
Application to contracts
Place of contracting
Place where the contract was negotiated
Place of contract performace
Location of the subject matter
Domicile, residence, nationality, place of incorporation and
place of business of the parties
References
https://www.louisianalawblog.com/business-and-corporate/advantages-and-disadvantages-of-arbitration/
https://www.nolo.com/legal-encyclopedia/arbitration-clauses-contracts-32644.html
https://ceosa.org.za/the-enforcement-of-arbitration-awards/
http://vrrraiment.fr/what-is-the-difference-between-substantive-and-procedural-law-give-an-example-of-each#:~:text=For%20example%2C%20procedural%20law%20will,a%20case%2C%20unlike%20substantive%20law
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