I. Introduction
With the economic globalization, international commerce develops rapidly. Conflicts in international commerce are emerging endlessly. In this context, the different choices of procedures, which parties of international commerce make, will bring different results. Compared with the domestic commercial conflicts, the international commercial conflicts might have more various results. Additionally, more than one states or regions involve in the international commercial conflicts, so there normally are more than one regulations, authorities and customary laws which are applicable in one case. Flexible Alternative Dispute Resolution (ADR) can give the parties the freedom to choose the rules to resolve their conflicts. As a result, ADR becomes more and more widespread in international commercial law.
To investigate the usage of ADR in the international commercial law, it is necessary to discuss the definition of terms and the features of ADR in the international commercial law.
1.Definition of terms
1.1 Definition of ‘International Commercial Law’
This term decides the differences between ADR in the international commercial law and in the international law, and between ADR in the international commercial law and in the national commercial law.
Different people and countries have different understandings about ‘international’. Normally, there are three methods to decide if a case is an international case or not.
Firstly, some states like the UK, Sweden and
There is such a thing as limited jurisdiction and general jurisdiction. There are reasons courts
in which this decision is made. In some jurisdictions, the cases may be decided upon
The three types of jurisdiction are In Rem which is the courts power to adjudicate rights of all persons with respects to a particular item of property. The second is In personum which is simply personal jurisdiction, this jurisdiction has power over the person of a particular defendant. Lastly there’s Quasi-in-Rem which is the court has power to determine whether particular individuals own specific property within the courts control. Courts can adjudicate disputes other than ownership based upon the presence of the defendant’s property in the
Every business organization has a social responsibility in ensuring that the environment it operates in is protected. Many companies have identified that they have a major role to play in protecting the natural habitat and ensuring that business is not only about making profits. Some organizations are setting aside funds that are developed in the protection of the environment while other organizations are setting a tree-planting day as part of their annual calendar. Companies have legal and ethical responsibilities that guide the organization in making sure that the environment is taken care of. The natural resource depletion and the environmental pollution have led to conservation groups setting rules that govern the company in utilizing natural resources.
Now Article 1 from the Uniform Commercial Code is General Provisions. Well the scope of Article 1 is that it pertains to a sale to the length that it is regulated by a different article. It states that it is there to expand, clarify, and to update the laws that regulate the commercial sales, to keep allowing the growth of the commercial practices directly thorough the acceptance of the parties. Overall, Article 1 just provides clarity and presentation, where the lack of clash presentations, add as original acts covering sales and affairs, or else covered under a different article of the Uniform Commercial Code. So, it just
There are two types of personal jurisdiction: specific jurisdiction and general jurisdiction. A court will have specific jurisdiction when the activities that gave rise to the case happened in the forum state and general jurisdiction occurs when the activities that gave rise were unrelated to the forum state. Specific jurisdiction is easier to find than general jurisdiction.
Court cases, both criminal and civil begin in a regional court which makes a decision based upon the law that governs that particular region and that specific
Contracts, business, and laws are three simple little words, but when put together they have a substantial impact on our everyday lives. Below we will discuss three case studies. The first case is between Chris, Matt, and Ian vs. Donald Margolin, who was injured when he used an aftershave lotion that he bought off the internet called Funny Face. The second case is between Sam, his landlord, and a national chain store. Sam is being accused of conducting business from his apartment and going back on a verbal promise. In the last case is two lifelong friends who decided to join in a partnership and open up a sporting goods shop. Therefore, before the appropriate court can proceed with the first case, the court should take into several considerations around the rules of jurisdiction, alternative dispute resolution (ADR), and whether or not corporation/or corporate offices can be held for the criminal or potential act. In the second case before the court can rule the court should determine the various elements of a valid contract, if a quasi-contract exists, a promissory estoppel, and the rights an obligation of a tenant would prevail on Sam 's claims. Finally, in the third case between Jeb and Josh, they should determine the type of business entity that will overall protect their business and personal needs.
Nevertheless, certain categories of ADR have been named and understood to involve the use of particular means and methods to produce the desired end result. These procedures include: negotiation, mediation, arbitration, med-arb, early neutral evaluation, settlement conference and conciliation to name a few. However this essay will concentrate on mediation as a form of alternative dispute resolution.
From this brief history of ADR provisions, it is easy to see the widespread acceptance of ADR in more recent times compared to the hostility that courts expressed toward it early on. The trend of acceptance spread, and in May of 1986, forty-five states had enacted statutes similar to the second Uniform Arbitration Act, enforcing agreements to arbitrate future disputes.
Six months ago, Antiques R Us (a Canadian corporation) entered into a contract with Yankee Antiques (an American company) to purchase “a desk used by George Washington himself after his retirement from the Presidency”. The sum of $500,000 was to be paid to Yankee Antiques after 30 days of
The purpose of this assignment is to discuss the creation and application the case law resulting from the decision in Donoghue v Stevenson . This decision is often cited in relation to the tort of negligence and a duty of care. As such it could be misunderstood as being the preeminent case for the principles of negligence or duty of care alone. It is however the landmark precedent case for the tort of negligence outside of a contract when taking into account ‘duty of care’ and the ‘neighbour priciple’.
An important reason for this popularity is that States have consented in advance to compulsory dispute settlement by the WTO and also, but to a lesser extent, by ICSID arbitration. In the case of the WTO it is the WTO Dispute Settlement Understanding that confers compulsory jurisdiction on the WTO Dispute Settlement System; while in the case of ICSID a large number of States have consented in advance to ICSID jurisdiction over their disputes with investors by means of express provisions in Bilateral Investment Treaties. Moreover, an important additional reason for the widespread use of ICSID as a forum for international dispute settlement is that investors – who are in effect the substantive rights holders under Bilateral Investment Treaties – are often given the right to institute ICSID arbitration directly against the host State.
The subject of the research is the law applicable in international commercial arbitration. The paper will first deal with the law applicable to arbitration agreement. Secondly, the question of determination of law applicable to the merits of the dispute will be brought up including the case when the intention of the parties can be found and the situation when there is absence of the choice of law made by the parties. The significance of the selected research topic can be explained by the fact that international commercial arbitral proceedings is widely used by the parties of commercial transactions as the effective method of dispute settlement and the issue of applicable law to the merits of the dispute is one of the main which the arbitral tribunal has to decide.
When a case comes to the center the parties are requested to submit their Statement of Issues – which is a summary of the main facts of their disputes. Upon receipt of their Statement of Issues the ADR