back of an entire nation” -Unknown This paper studies the trade disputes over opium between China and Britain and the two wars that resulted from these disputes in the 19th century. The focus of this paper will primarily be British actions in the years leading up to the Wars, the Wars themselves, and the aftermath of the Wars. The first war was fought between 1839 and 1842, while the second was fought from 1856 to 1860. The trade of opium to the Chinese served as a major economic boon for the
CHAPTER II ARBITRATION OF INTERNATIONAL COMMERCIAL DISPUTES 2.1 Introduction ?The realisation, in the words of Lord Simon of Glaisdale, that litigation, while certainly preferable to personal violence is not in itself an intrinsically desirable activity, has encouraged the search for other methods of dispute resolution each of which has attracted it adherents and enthusiasts. One of the oldest and best established of these systems is that of arbitration.?[footnoteRef:1] [1: Galway City Council v
MGMT311 Trends in construction dispute resolution Introduction 10% of the UK’s gross national product is accounted for by construction activity, meaning there is a lot of dispute resolution and it comes in a wide variety of flavours. 35 years ago ‘alternative dispute resolution’ did not exists (Gaitskell states 27 years, but paper was done in 2005…), and the phrase ‘dispute resolution’ was rarely used. The only forms of dispute resolution regularly employed were court litigation and arbitration
economical means of dispute resolution is an important element in the orderly growth and encouragement of international investment and trade. Increasingly, arbitration and mediation, instead of litigation in national courts, have become the preferred means of resolving international commercial disputes. Arbitration: Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to an arbitrator or to a tribunal of several arbitrators who give a decision on the dispute that is binding
Dispute Resolution Methods Alberta’s Labour Relations Code and Police Officers Collective Bargaining Act provide methods for resolving disputes including: Mediation Voluntary Arbitration Board Compulsory Arbitration Board Interest Arbitration Board Disputes Inquiry Board Public Emergency Tribunal Construction Industry Disputes Resolution Tribunal Introduction Collective bargaining is the process through which employers and employees establish the terms and conditions of employment in unionized
litigation. The costs and efficiency of different dispute resolution mechanisms vary from time to time and place to place. Nonetheless, there have been recurrent complaints from commercial users, as well as individuals, about the delays and expenses imposed by many national court systems.. In considering the relative cost and speed of international arbitration versus litigation, it is important to take into account the likelihood of jurisdictional disputes and parallel proceedings. Suppose Japanese and
INTRODUCTION Law is one method of resolving disputes when, as is inevitable, they emerge. All societies have mechanisms for dealing with such problems, but the forms of dispute resolution tend to differ from society to society. In small scale societies, based on mutual co-operation and interdependency, the means of solving disputes tend to be informal and focus on the need for mutual concessions and compromise to maintain social stability. In some such societies, the whole of the social group
Conclusion The driving force of trade is one of the most powerful influences on human activity. Therefore since the medieval time till this day; Commercial law has been constantly developing by adapting new principles due the continuous growth in the commercial transactions; in order a to fit and match the sellers and buyers needs in our modern societies. In addition the harmonization of the principles and rules of commercial law governing international transactions has played a main role on positively
1. Consider the time and effort it takes to bring a case to court. In a general sense, why might MNEs prefer Arbitration to Domestic courts? Arbitration is a dispute resolution method that allows the dispute to be solved outside the court of law. When both parties agree on the arbitration procedure, an arbitrator1 will review the evidence, listen to parties and then issue a final decision (award). This method differs from court litigation in several ways and thus the preference of some MNE’s for
decades, as the trade, commerce and investment has developed and evolved in an international aspect throughout the world, the necessity of an alternative resolution for the disputes arising between the parties involved in international business has occurred. From that necessity, international arbitration has emerged as a remedy, which is a method for dispute resolution between states, individuals and corporations providing an effective way of obtaining a final and binding decision on a dispute without reference