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Commercial Disputes Resolution, Reference: https://icon-library…
Commercial Disputes Resolution
Factors Affecting Choice of Resolution
Cost
Time
Confidentiality
Control over the process
Relationship preservation
Complexity of the dispute
Alternative Dispute Resolution (ADR)
Fast,Cheaper, Confidential, Outcome oriented
Mediation
Voluntary, nonbinding, conciliation process
Interest-based mediation
Facilitative mediation
Transformative mediation
Arbitration
Disadvantages
Selection of arbitrator
Limited right to appeal
No precedential value
Discovery is limited
Expensive
Limit rights to approach court
Advantages
Arbitrator may be chosen
Permits the resolution by a third “neutral” party/country
Right to appeal is limited
Rules of the arbitrating organisation
Procedural advantages
Cost effective
Litigation
Court system
Lawsuits
Judges and juries
Procedural law
Role of the presiding officer
Discovery of evidence
Trail by jury
Issue of damages
Right to appeal
Jurisdiction
Venue
Forum selection clauses
Discovery process
Precedent
Consent
Due process
Enforceability of judgments
Conflict of Laws
r
efers to rules by which courts determine which
jurisdiction’s law applies to a particular case
Application to Contracts. Some factors:
◦ place of contracting,
◦ place where the contract was negotiated,
◦ place of contract performance,
◦ location of the subject matter, and
◦ domicile, residence, nationality, place of incorporation, and place of business of the parties
Reference:
https://icon-library.com/icon/litigation-icon-11.html
