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6,643 results on '"COMMERCIAL DISPUTES"'

1. Commercial Disputes : Resolution and Jurisdiction

Author

Barış Soyer and Barış Soyer

Subjects
Arbitration and award--England, Arbitration and award--Wales, Arbitration and award--European Union countries, Arbitration and award, Dispute resolution (Law), International commercial arbitration
Abstract

Remedies are vital in commercial litigation. Additionally, in commercial law, parties are usually free to choose the forum and law that will govern their disputes. This book aims to shine the spotlight on these issues and look to several new trends and developments emerging on procedural matters relating to dispute resolution. The discussions range freely over national, international, and EU legal dimensions, and the book also comes at an opportune time, with the post-Brexit jurisdiction landscape becoming more definable.This edited volume presents contributions from highly expert and experienced academics and practitioners, collectively examining a broad range of areas relating to the complex and time-consuming issues of resolution and jurisdiction of commercial disputes. The book is divided into three parts: arbitration and ADR, jurisdiction and procedure, and choice of law. Key topics featured include summary procedures in London Maritime Arbitration, reformation of the Arbitration Act, challenges to jurisdiction, stay of proceedings, anti-suit injunctions, the EU-UK judicial space post-Brexit, the application of AI to commercial disputes, and choice of law agreements.Written for lawyers and administrators not only in England and Wales but worldwide - especially Germany, Switzerland, Greece, Canada, Australia, New Zealand, China, Hong Kong, Singapore, and India – the book is also valuable for specialist law libraries in Europe and the US, some specialist maritime law firms in the US, and some university libraries where maritime and shipping law are taught as specialist subjects.

Published
2024

2. resolution of commercial disputes by Mediation as an alternative Method: a legal analysis for turkey and uzbekistan

Author

Mustafa Yasan and Jaloliddin Askarov Tuychiyevich

Subjects
turkish mediation law, uzbek mediation law, mandatory mediation, alternative dispute resolution, mediation in commercial disputes, Law
Abstract

Mediation is an institution that has been in demand in all modern legal systems for the last twenty years as a fast, reliable and inexpensive alternative method in the resolution of commercial law disputes. Turkey and Uzbekistan are in a conti nuous effort to ensure compliance with comparative law systems which are adopted by the EU and international legislation in the modern sense, including mediation. In Turkey’s case, specialization and institutionalization targets were envisaged regarding mediation. Codification frameworks devoid of systematic planning were carried out in order to achieve these targets. Contrary to the concept of mediation, the areas where mandatory mediation applies have been expanded. On the other hand, for Uzbekistan’s case, which accepted mediation six years after Turkey, in 2018, and did not adopt mandatory mediation, Turkey’s disappointing mediation experience can be regarded as a lesson. This experience is valid not only for Uzbe kistan but also for all legal systems that include mediation.

Published
2024
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4. Unlocking Value in Commercial Disputes

Author

Rand, Paul

Subjects
Judicial process -- Economic aspects, Commercial arbitration -- Analysis, Liability (Law) -- Analysis, Business, general, Business, Business, international
Abstract

As it becomes more challenging and expensive to access capital, Canadian businesses are looking for strategic ways to unlock value. When doing this, they typically list their monetizable assets, but [...]

Published
2024

26. Time Taken for Disposition of Commercial Disputes in the Netherlands: Why official court statistics underestimate the problem of the long and unpredictable duration of court procedures

Author

Dewy Pistora, Frans van Dijk, and Remme Verkerk

Subjects
time to disposition, court delay, reasonable time, duration, Law in general. Comparative and uniform law. Jurisprudence, K1-7720
Abstract

This study provides insight into the total duration of litigation from the perspective of litigants. It examines commercial court cases with claims between 1 million and 5 million EUR in the Netherlands. It focuses on cases in which first instance judgments are appealed. In many of these cases other related procedures ensue. Using detailed data of the case administration system of the courts in the Netherlands, cases are followed as they wind their way through the court system. The results show that court statistics do not reflect the time taken for disposition from the litigant’s perspective. A substantial number of high value cases are not concluded within a reasonable time and there is a wide spread of the time taken for disposition. For prospective litigants, it is not easy to predict the duration of litigation. The ensuing uncertainty makes it harder for them to assert their rights.

Published
2024
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27. Time Taken for Disposition of Commercial Disputes in the Netherlands: Why official court statistics underestimate the problem of the long and unpredictable duration of court procedures

Author

Pistora, Dewy, Dijk, Frans Van, Verkerk, Remme, Pistora, Dewy, Dijk, Frans Van, and Verkerk, Remme

Abstract

This study provides insight into the total duration of litigation from the perspective of litigants. It examines commercial court cases with claims between 1 million and 5 million EUR in the Netherlands. It focuses on cases in which first instance judgments are appealed. In many of these cases other related procedures ensue. Using detailed data of the case administration system of the courts in the Netherlands, cases are followed as they wind their way through the court system. The results show that court statistics do not reflect the time taken for disposition from the litigant’s perspective. A substantial number of high value cases are not concluded within a reasonable time and there is a wide spread of the time taken for disposition. For prospective litigants, it is not easy to predict the duration of litigation. The ensuing uncertainty makes it harder for them to assert their rights.

Published
2024

28. Basis and Jurisdiction to Grant Interim Measures

Author

Draguiev, Deyan, Bäumler, Jelena, Series Editor, Binder, Christina, Series Editor, Bungenberg, Marc, Series Editor, Krajewski, Markus, Series Editor, Rühl, Giesela, Series Editor, Tams, Christian J., Series Editor, Terhechte, Jörg Philipp, Series Editor, Ziegler, Andreas R., Series Editor, Crämer, Judith, Assistant Editor, von Bogdandy, Armin, Advisory Editor, Cottier, Thomas, Advisory Editor, Footer, Mary, Advisory Editor, Griller, Stefan, Advisory Editor, Hatje, Armin, Advisory Editor, Herrmann, Christoph, Advisory Editor, Hilf, Meinhard, Advisory Editor, Hsu, Locknie, Advisory Editor, Kovacic, William E., Advisory Editor, Marceau, Gabrielle, Advisory Editor, Petersmann, Ernst-Ulrich, Advisory Editor, Ruiz Fabri, Hélène, Advisory Editor, Simma, Bruno, Advisory Editor, Streinz, Rudolf, Advisory Editor, Voon, Tania, Advisory Editor, and Draguiev, Deyan

Published
2023
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29. Introduction on Interim Measures and Cross-Border Disputes

Author

Draguiev, Deyan, Bäumler, Jelena, Series Editor, Binder, Christina, Series Editor, Bungenberg, Marc, Series Editor, Krajewski, Markus, Series Editor, Rühl, Giesela, Series Editor, Tams, Christian J., Series Editor, Terhechte, Jörg Philipp, Series Editor, Ziegler, Andreas R., Series Editor, Crämer, Judith, Assistant Editor, von Bogdandy, Armin, Advisory Editor, Cottier, Thomas, Advisory Editor, Footer, Mary, Advisory Editor, Griller, Stefan, Advisory Editor, Hatje, Armin, Advisory Editor, Herrmann, Christoph, Advisory Editor, Hilf, Meinhard, Advisory Editor, Hsu, Locknie, Advisory Editor, Kovacic, William E., Advisory Editor, Marceau, Gabrielle, Advisory Editor, Petersmann, Ernst-Ulrich, Advisory Editor, Ruiz Fabri, Hélène, Advisory Editor, Simma, Bruno, Advisory Editor, Streinz, Rudolf, Advisory Editor, Voon, Tania, Advisory Editor, and Draguiev, Deyan

Published
2023
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32. AN EXPLORATORY STUDY OF MACAO'S ROLE AS AN ARBITRATION SEAT AND VENUE FOR SINO-LUSO COMMERCIAL DISPUTES

Author

Leung Cheok Si and Ansoumane Douty Diakite

Subjects
international commercial arbitration, seat and venue of arbitration, macao, china, portuguese-speaking countries, Law in general. Comparative and uniform law. Jurisprudence, K1-7720
Abstract

Objective: Over the past decade, arbitration has grown in popularity as a method of resolving commercial disputes worldwide. However, this practice is relatively new in Macao SAR. Recently, official plans were announced to make Macao as a seat of arbitration for commercial disputes between China and Portuguese-speaking countries (Hereinafter PSCs). This article is dedicated to explores the possibility of Macao undertaking and implementing such a role. Accordingly, this article addresses the following issues: What are the strengths and weaknesses of Macao as a seat and eventually as venue for hosting international commercial arbitration between Chinese and PSCs entrepreneurs? Methodology: A mixed-method approach of legal doctrinal and empirical research was used in this article. We first included a thorough study of the concept of arbitration followed by analysis of various legal journals and legislations, including Macao, China, and PSCs’ arbitration laws. An empirical research was then used to collect data by surveying and interviewing with both lawyers and arbitration practitioners from Macao, China and PSCs. Results: This article argues that the strength of Macao resides in the similarities between its legal system and that of the China and PSCs and the languages advantage (Chinese and Portuguese both official languages). In spite of this, arbitration is still relatively underutilized in the region, and there is a limited number of arbitrators and legal professionals with bilingual proficiency. Contributions: This article contributes to the identification of the opportunities and challenges that Macao faces in its potential future development as a seat/venue of arbitration between China and the PSCs.

Published
2023
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33. Assessment

Author

Draguiev, Deyan, Bäumler, Jelena, Series Editor, Binder, Christina, Series Editor, Bungenberg, Marc, Series Editor, Krajewski, Markus, Series Editor, Rühl, Giesela, Series Editor, Tams, Christian J., Series Editor, Terhechte, Jörg Philipp, Series Editor, Ziegler, Andreas R., Series Editor, Crämer, Judith, Assistant Editor, von Bogdandy, Armin, Advisory Editor, Cottier, Thomas, Advisory Editor, Footer, Mary, Advisory Editor, Griller, Stefan, Advisory Editor, Hatje, Armin, Advisory Editor, Herrmann, Christoph, Advisory Editor, Hilf, Meinhard, Advisory Editor, Hsu, Locknie, Advisory Editor, Kovacic, William E., Advisory Editor, Marceau, Gabrielle, Advisory Editor, Petersmann, Ernst-Ulrich, Advisory Editor, Ruiz Fabri, Hélène, Advisory Editor, Simma, Bruno, Advisory Editor, Streinz, Rudolf, Advisory Editor, Voon, Tania, Advisory Editor, and Draguiev, Deyan

Published
2023
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34. Interim Measures in Other International Judicial and Quasi-Judicial Bodies

Author

Draguiev, Deyan, Bäumler, Jelena, Series Editor, Binder, Christina, Series Editor, Bungenberg, Marc, Series Editor, Krajewski, Markus, Series Editor, Rühl, Giesela, Series Editor, Tams, Christian J., Series Editor, Terhechte, Jörg Philipp, Series Editor, Ziegler, Andreas R., Series Editor, Crämer, Judith, Assistant Editor, von Bogdandy, Armin, Advisory Editor, Cottier, Thomas, Advisory Editor, Footer, Mary, Advisory Editor, Griller, Stefan, Advisory Editor, Hatje, Armin, Advisory Editor, Herrmann, Christoph, Advisory Editor, Hilf, Meinhard, Advisory Editor, Hsu, Locknie, Advisory Editor, Kovacic, William E., Advisory Editor, Marceau, Gabrielle, Advisory Editor, Petersmann, Ernst-Ulrich, Advisory Editor, Ruiz Fabri, Hélène, Advisory Editor, Simma, Bruno, Advisory Editor, Streinz, Rudolf, Advisory Editor, Voon, Tania, Advisory Editor, and Draguiev, Deyan

Published
2023
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35. Summary of Results. Conclusion

Author

Draguiev, Deyan, Bäumler, Jelena, Series Editor, Binder, Christina, Series Editor, Bungenberg, Marc, Series Editor, Krajewski, Markus, Series Editor, Rühl, Giesela, Series Editor, Tams, Christian J., Series Editor, Terhechte, Jörg Philipp, Series Editor, Ziegler, Andreas R., Series Editor, Crämer, Judith, Assistant Editor, von Bogdandy, Armin, Advisory Editor, Cottier, Thomas, Advisory Editor, Footer, Mary, Advisory Editor, Griller, Stefan, Advisory Editor, Hatje, Armin, Advisory Editor, Herrmann, Christoph, Advisory Editor, Hilf, Meinhard, Advisory Editor, Hsu, Locknie, Advisory Editor, Kovacic, William E., Advisory Editor, Marceau, Gabrielle, Advisory Editor, Petersmann, Ernst-Ulrich, Advisory Editor, Ruiz Fabri, Hélène, Advisory Editor, Simma, Bruno, Advisory Editor, Streinz, Rudolf, Advisory Editor, Voon, Tania, Advisory Editor, and Draguiev, Deyan

Published
2023
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36. Enforcement of Interim Measures

Author

Draguiev, Deyan, Bäumler, Jelena, Series Editor, Binder, Christina, Series Editor, Bungenberg, Marc, Series Editor, Krajewski, Markus, Series Editor, Rühl, Giesela, Series Editor, Tams, Christian J., Series Editor, Terhechte, Jörg Philipp, Series Editor, Ziegler, Andreas R., Series Editor, Crämer, Judith, Assistant Editor, von Bogdandy, Armin, Advisory Editor, Cottier, Thomas, Advisory Editor, Footer, Mary, Advisory Editor, Griller, Stefan, Advisory Editor, Hatje, Armin, Advisory Editor, Herrmann, Christoph, Advisory Editor, Hilf, Meinhard, Advisory Editor, Hsu, Locknie, Advisory Editor, Kovacic, William E., Advisory Editor, Marceau, Gabrielle, Advisory Editor, Petersmann, Ernst-Ulrich, Advisory Editor, Ruiz Fabri, Hélène, Advisory Editor, Simma, Bruno, Advisory Editor, Streinz, Rudolf, Advisory Editor, Voon, Tania, Advisory Editor, and Draguiev, Deyan

Published
2023
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37. Nature, Operation, Types of Interim Measures

Author

Draguiev, Deyan, Bäumler, Jelena, Series Editor, Binder, Christina, Series Editor, Bungenberg, Marc, Series Editor, Krajewski, Markus, Series Editor, Rühl, Giesela, Series Editor, Tams, Christian J., Series Editor, Terhechte, Jörg Philipp, Series Editor, Ziegler, Andreas R., Series Editor, Crämer, Judith, Assistant Editor, von Bogdandy, Armin, Advisory Editor, Cottier, Thomas, Advisory Editor, Footer, Mary, Advisory Editor, Griller, Stefan, Advisory Editor, Hatje, Armin, Advisory Editor, Herrmann, Christoph, Advisory Editor, Hilf, Meinhard, Advisory Editor, Hsu, Locknie, Advisory Editor, Kovacic, William E., Advisory Editor, Marceau, Gabrielle, Advisory Editor, Petersmann, Ernst-Ulrich, Advisory Editor, Ruiz Fabri, Hélène, Advisory Editor, Simma, Bruno, Advisory Editor, Streinz, Rudolf, Advisory Editor, Voon, Tania, Advisory Editor, and Draguiev, Deyan

Published
2023
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38. The Use Of Mediation In Commercial Disputes: A Pathway To Effective Dispute Resolution In Cyprus

Author

Clerides, Constantinos

Subjects
Dispute resolution (Law) -- Laws, regulations and rules, Mediation -- Laws, regulations and rules, Arbitrators -- Powers and duties, Government regulation, Business, international
Abstract

Mediation has gained recognition as an effective method for resolving disputes in Cyprus, offering parties a confidential and less adversarial alternative to traditional litigation. The legal framework governing mediation not [...]

Published
2024

43. Description Of The Saudi Arbitration Law And Its Importance In Resolving Commercial Disputes

Subjects
Actions and defenses -- Laws, regulations and rules, Commercial arbitration -- Laws, regulations and rules, Government regulation, Lawsuit/litigation, Business, international, Saudi Arabia. Arbitration Law 1983
Abstract

Arbitration is the optimal exceptional method to resolve judicial and commercial disputes which avoids the prolonging litigation characterized by slowness and complexity. It is the chosen means for the disputing [...]

Published
2024

44. China promotes fair, efficient resolution of international commercial disputes

Subjects
Equality before the law, Business, general, General interest, News, opinion and commentary
Abstract

BEIJING, October 4, 2024 (Xinhua via COMTEX) -- China will continue to build and refine its mechanism for resolving international commercial disputes, ensuring equal protection of the legitimate rights and [...]

Published
2024

45. HOW CAN INTERNATIONAL COMMERCIAL COURTS BECOME AN ATTRACTIVE OPTION FOR THE RESOLUTION OF INTERNATIONAL COMMERCIAL DISPUTES?

Author

Avraham-Giller, Shahar and Assy, Rabeea

Subjects
COMMERCIAL courts, ARBITRATORS, INTERNATIONAL courts, LEGAL judgments, COMMON law, SOVEREIGNTY
Abstract

Arbitration has dominated the landscape of the resolution of international commercial disputes (that is, private disputes involving transnational connections). Nevertheless, the last fifteen years have witnessed a proliferation in the establishment of new commercial courts in several countries, with the aim of attracting international commercial disputes. This article makes the novel argument that such attempts are unlikely to render adjudication an attractive alternative to arbitration. For the new international commercial courts to fully realize their potential and produce a sustainable market of adjudication, some mechanism is needed to secure the enforceability of jurisdiction clauses and the judgments delivered by courts in other jurisdictions. Although such mechanism is provided by the 2005 Hague Convention on Choice of Court Agreements, this convention has failed to gain international support. This is puzzling given that this convention adopts the same principles that enabled the success of the 1958 New York Arbitration Convention—namely enforcing party choice of forum and facilitating enforcement of the resolution’s outcome. This article provides the first attempt to analyze the reasons for this failure. To this end, it compares the political and legal conditions under which the two conventions were conceived, showing how the differences in these conditions have led to lower international acceptance of the Hague Convention. This article supports this analysis by focusing on the most recent ratification of the Hague Convention by the UK. We advance the novel argument that this case study demonstrates the important role played by the legal community in the ratification process. We show that, ironically, the UK’s decision to quit the EU in order to restore national sovereignty was a major reason leading to its ratification of the Hague Convention, thus giving up fundamental principles of common law that had granted English courts broad discretion as to whether to enforce jurisdiction clauses. [ABSTRACT FROM AUTHOR]

Published
2023

46. How Baseball Arbitration Found Its Way Into Resolving Commercial Disputes

Author

Nix, Jeffrey J.

Subjects
Baseball players -- Compensation and benefits -- Cases, Baseball teams -- Cases, Commercial arbitration -- Cases, Company legal issue, Business, international
Abstract

In 1973, Major League Baseball ('MLB') established baseball arbitration, or BBA as a unique process for resolving salary disputes between teams and players within their first six years in the [...]

Published
2024

48. The Singapore Convention On Mediation: A New Regime For Settlement Of International Commercial Disputes In Nigeria?

Author

Onuzulike, Chimezie

Subjects
International mediation -- Laws, regulations and rules, Compromise and settlement -- Laws, regulations and rules, Government regulation, Business, international, Nigeria. Arbitration and Mediation Act 2023
Abstract

Introduction At its 73rd session held on December 20, 2018, the United Nations General Assembly (the 'UNGA') adopted the United Nations Convention on International Settlement Agreements Resulting from Mediation (the [...]

Published
2024

49. Pursuing Claimants' Rights Against Wrongdoers In Nigeria: C D Q Exploring The Potency Of Norwich Pharmacal Orders In Cross-Border Commercial Disputes

Author

Umeike, Amala

Subjects
Fraud -- Laws, regulations and rules, Commercial law -- Interpretation and construction, Disclosure laws -- Interpretation and construction, Government regulation, Business, international
Abstract

Introduction The business community faces a range of systemic challenges in sophisticated fraud that affect their productivity and conceal the identities of the perpetrators of such fraud. Moreover, the law, [...]

Published
2024

50. Services Rendered By An Advocate Do Not Come Within The Scope And Ambit Of Commercial Disputes As Defined Under The Commercial Courts Act, 2015

Author

Mulla, Maneck

Subjects
India. High Court of Delhi -- Powers and duties, Consumer protection -- Laws, regulations and rules, Commercial arbitration -- Laws, regulations and rules, Costs (Law) -- Laws, regulations and rules, Government regulation, Business, international, India. Commercial Courts Act 2015, India. Consumer Protection Act 1986
Abstract

INTRODUCTION: The Delhi High Court in a recent decision in Atmastco Ltd. Vs Mandeep Kalra1, held that a dispute between a lawyer and his client where the former was seeking [...]

Published
2024

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