scholarly journals ABOUT SOME QUESTIONS FOR MEDIATION IN COMMERCIAL RELATIONS

2021 ◽  
Author(s):  
Violeta Vladova-Ivanova ◽  
Keyword(s):  
Commercial Disputes

The report examines some aspects of commercial mediation in the context of the more and more often used mediation clauses in the commercial contracts. The advantages of mediation in resolving commercial disputes are analyzed, the role of mediation clause in the commercial contracts is specified and its content is considered, as well as some peculiarities in connection with its application. On this basis, specific conclusions and a proposal for improving the legislation are made.

scholarly journals The Judicial Implementation of the Provisions of Corporate Crimes in Saudi Law: التنفيذ القضائي لأحكام جرائم الشركات في القانون السعودي

2019 ◽  
Vol 3 (5) ◽  
Author(s):  
Mohammed bin Fahed al-Subaie
Keyword(s):  
Competent Authority ◽  
Recent Past ◽  
The Public ◽  
Judicial Implementation ◽  
Descriptive Method ◽  
Commercial Courts ◽  
Commercial Disputes

    This study aimed to identify the judicial implementation of the provisions of corporate crimes in Saudi law and determine the objectives of judicial execution and the competent authority in adjudicating the disputes of commercial companies and the role of lawyers in the trial proceedings in the crimes of commercial companies. Moreover, this study aimed at how to achieve justice in commercial courts. The researcher followed the descriptive method in this study as it has included all texts related to the activities and commercial relations contained in the current regulations. The results of the study reached several results, the most important of which are: The jurisdiction over the consideration of commercial disputes in the Kingdom has passed several stages, but in the recent past it is divided into two parts: the first is the Diwan of Grievances; the second is the committees with jurisdiction. However, Ombudsman for Commercial Disputes. As well as the judicial environment in the Kingdom is living a significant positive movement, especially in the legislative and executive aspects, and the non-unification of commercial judicial bodies in one hand led to duplication of the judiciary and resulted in the presence of more than one body charged with separating with the differentiation of competencies and their overlap in one conflict. The study recommended the need to unify the Saudi commercial judicial bodies in one jurisdiction, the commercial courts of the public judiciary, and rely on modern techniques of telecommuting methods to provide easy communication with lawyers.  

scholarly journals ABOUT SOME QUESTIONS FOR MEDIATION IN COMMERCIAL RELATIONS

2021 ◽  
Author(s):  
Violeta Vladova-Ivanova ◽  
Keyword(s):  
Commercial Disputes

The report examines some aspects of commercial mediation in the context of the more and more often used mediation clauses in the commercial contracts. The advantages of mediation in resolving commercial disputes are analyzed, the role of mediation clause in the commercial contracts is specified and its content is considered, as well as some peculiarities in connection with its application. On this basis, specific conclusions and a proposal for improving the legislation are made.

13 Paris

2014 ◽  
Author(s):  
Malinvaud Carole ◽  
Camboulive Christian
Keyword(s):  
International Trade ◽  
United Nations ◽  
Time Limit ◽  
International Arbitration ◽  
Trade Law ◽  
International Trade Law ◽  
Model Law ◽  
The Right ◽  
Commercial Disputes

This chapter evaluates the merits of Paris as a venue for international arbitration proceedings. It discusses the history and development of arbitration in France; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that the new French arbitration regime, resulting from the January 13, 2011 reform, continues to distinguish French arbitration law from the United Nations Commission on International Trade Law (UNCITRAL) Model Law. This new regime confirms the longstanding supportive approach of France towards arbitration, as an appropriate and adapted mean to resolve international commercial disputes in particular. Yet on certain issues, such as the possibility of waiving the right to challenge awards or the computation of the time limit to introduce such challenges, the innovative provisions of the new French regime have yet to be tested in the courts.

scholarly journals COVID-19 in Civil or Commercial Disputes: First Responses from Chinese Courts

2020 ◽  
Vol 8 (2) ◽  
pp. 485-501
Author(s):  
Qiao Liu
Keyword(s):  
Contract Law ◽  
Lower Courts ◽  
Commercial Disputes

Abstract This comment highlights the major civil or commercial (mostly contract) law provisions in 24 judicial documents newly released by the Supreme People’s Court or High People’s Courts in China in response to the outbreak of COVID-19 and assesses the significance of key changes to the pre-pandemic law. It concludes by noting the increased role of the doctrine of the change of circumstances and the ‘contract purpose’ test, the emphasis placed on consensual solutions (by way of mediation and contract renegotiation), and the flexibility and relatively clearer guidance afforded to lower courts in their adjudication of disputes arising in connection with COVID-19.

Part III International Arbitration Agreements: Issues and Perspectives, 6 Some Reflections on the Making of International Arbitration Agreements for the Resolution of Commercial Disputes

2016 ◽  
Author(s):  
Saville Lord
Keyword(s):  
New York ◽  
Dispute Resolution ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
International Dispute ◽  
Model Law ◽  
New York Convention ◽  
Legal Procedures ◽  
Commercial Disputes

This chapter presents some thoughts on international arbitration. It begins with brief descriptions of the New York Convention and the UNCITRAL Model Law, which serve as the foundations of international dispute resolution. It then discusses arbitration agreements, the role of institutions, the role of law, and the disadvantages of arbitration. It argues that international commercial arbitration has become much more like that of the London Commercial Court; more often than not lawyers are called in from the outset. Pleadings, discovery, and the like are commonplace. The arbitral process has also become more expensive, notwithstanding substantial efforts by arbitral institutions and others to limit costs. It further suggests that where the tribunal considers that the dispute can be dealt with fairly and more cheaply without the full panoply of such legal procedures as the parties’ lawyers propose, that they make certain that the parties themselves, not just their lawyers, are made aware of the tribunal’s view.

scholarly journals (In)efficiency of the judiciary in the matter of commercial disputes

2020 ◽  
Vol 58 (3) ◽  
pp. 55-80
Author(s):  
Aleksandar Ćirić
Keyword(s):  
Case Law ◽  
Legal Interpretation ◽  
Judgment Process ◽  
The Law ◽  
Law And Justice ◽  
Commercial Disputes

In the introduction to the paper, the author presents views on the importance and role of law as an achievement of importance for life, economy and relations in every society and state. With his presentations, he tries to find the connection between the law and justice, briefly referring to the understandings of Plato, Aristotle, and Socrates. The author believes that the judge's task is to perform his difficult, honourable and responsible function in the judgment process, based primarily on the legal interpretation of regulations, in order to resolve disputes and establish a state of peace in the country, including the economy. The aim of the paper is, in accordance with the theme of the Conference of the Association of Business Lawyers in Serbia - "Companies and Commercial Judiciary", with the analysis of selected cases, which are examples of bad case law, to indicate the need to take measures in order to prevent and eliminate existing shortcomings in the activities of judicial authorities in Serbia.

scholarly journals THE ROLE OF ARBITRATION IN THE RESOLUTION OF INTERNATIONAL COMMERCIAL DISPUTES

2014 ◽  
Vol 22 (2) ◽  
Author(s):  
Mohammad Naqib Ishan Jan
Keyword(s):  
Dispute Resolution ◽  
Significant Role ◽  
Applicable Law ◽  
Commercial Transaction ◽  
Commercial Disputes

There are several methods of dispute resolution which are available to parties in international commercial contracts. However, arbitration has been enjoying overwhelming patronage and dominance over all other dispute resolution methods that are at the disposal of disputants. The article examines the role of arbitration in the resolution of international commercial disputes with a view to portraying its significance in the resolution of commercial disputes that have certain foreign elements. In doing so, the article considers the arbitration agreement, how it features in commercial contracts and the necessary elements for its recognition and enforceability. The article further examines the factors responsible for the significant role of arbitration and its prevalence in the resolution of international commercial disputes. In view of such task and in order to critically bring out the attractive role of arbitration, the article discusses advantageous features of arbitration such as the parties’ freedom, neutrality of the arbitrators, the applicable law and the seat of arbitration, flexibility of the process, confidentiality and transnational enforcement of awards. In view of these merits, it is recommended that parties to international commercial transaction should have arbitration agreement in their contracts in order to allow reference to arbitration in resolving their future commercial disputes.

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