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Unit 6, Lesson 2: Resolving International Commercial Disputes - Coggle…

- - - - The power of a court to hear and decide a case
        
        In rem jurisdiction
        
        The court's power over property within its geographical boundries
        
        Subject matter jurisdiction
        
        The court's authority to hear a certain type of legal matter
        
        Territorial jerusdiction
        
        The power of criminal courts to hear cases involving crimes committed in their territory
        
        In Personam Jurisdiction
        
        Refers to the court's power over a certain individual or corporation.
        
        No party can appear before a court unless that court has personal jurisdiction.
    - - The geographical location of a court of competent jurisdiction where a case can be heard
        
        A defendant can request a change of venue that is more convenient and closer connected to the facts of the particular case.
  - - - Requires that parties voluntarily submit to the resolution process
        
        Mediation
        
        Voluntary, nonbinding, conciliation process
        
        Parties agree on an impartial/ objective mediator who helps them reach a solution.
        
        The final decision to settle rests with the involved parties themselves.
        
        Private, and there are no public records/ articles released to influence public opinions.
        
        Parties reserve the rights to resort to binding arbitration or litigation.
        
        Arbitration
        
        More formalized process resulting in a binding award that the courts of law (in many countries) will enforce.
        
        Once parties involved agree to arbitration, they cannot change their minds and withdraw.
        
        Private, does not result in bad publicity or destruction of an entity's reputation by the public.
        
        Arbitration may take place at a third, neutral location. The parties choose the most mutually convenient place.
        
        The arbitrator is chosen by the parties from a roster of impartial industry experts/ lawyers.
        
        The case may be resolved by using the arbitration rules.
        
        These rules address issues, conduct proceedings, and making the awards.
        
        Advantages of Arbitration
        
        Rules of arbitration help address issues and resolve conflict.
        
        Procedural advantages
        
        Involved parties can choose the arbitrator
        
        Cost effective
        
        Permits the resolution by a third neutral party/ country
        
        The right to appeal is limited
        
        Disadvantages of Arbitration
        
        Relaxed procedural rules may allow admitting evidence that would not be allowed in court.
        
        Limit rights to court approach
        
        Discovery is limited, so parties can still leave without clarity or facts
        
        Selection of arbitrator
        
        Losing party has limited right to appeal
        
        No precedential value
        
        Still expensive
        
        Courts of most nations accept and enforce arbitration awards.
- - - - The place where the contract was negotiated
      - The place where the contract will be performed
      - The place of contracting (where acceptance took place)
      - The location of the subject matter of the contract
      - The domicile, place of residence and of business of parties involved.