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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.

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 [...]

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.

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.

The progress that the world has witnessed in recent times, whether in the field of international trade or internal trade, and the accompanying development in the speed of concluding and implementing contracts, the Internet has played a major role that accelerated the entire process. This has resulted in many questions regarding online dispute resolution. Here, the role of electronic arbitration emerged as a radical solution to all electronic disputes because of its effective role in the field of commerce.

Brexit raises a whole range of legal issues in multiple areas. The consequences on the EU framework for jurisdiction, recognition and enforcement of judgments are of particular interest for private parties involved in cross-border commercial agreements. This paper explores the legal basis for the jurisdiction of courts and the enforcement and recognition of judgments between the UK and EU-27 courts after Brexit. In addition, it broadly contrasts the main differences of the proposed solutions compared to the EU system. The paper argues that international conventions can provide answers to some of the questions as they set out rules for the jurisdiction, enforcement and recognition of judgments. However, there are factors that can have an impact on possible legal outcomes, such as the framework of the future deal between the UK and the EU-27, the moment of the commencement of proceedings by the parties in the transition period, or the fact that the parties did not opt for exclusive jurisdiction in their agreements. The Withdrawal Agreement provides for some clarity on which EU law provisions apply during the transition period. In addition, the EC Notices and the UK Brexit legislation provide for guidelines as to the rules applicable in and immediately after the transition period. Nevertheless, as the paper analyses, there is still a need for further clarification. Therefore, other methods of dispute resolution proposed in the article such as moving to arbitration instead of English court jurisdiction could provide legal certainty for private parties.

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]

This empirical study seeks to explore the application of mediation and online mediation in civil and commercial disputes from the perspective of service providers in France, Italy, and Belgium. A qualitative approach was used in investigating the effectiveness of mediation, the challenges that mediators face, including online, and its future perspective through the lens of service providers. This study aims to be suitable for policymakers, jurists, researchers, and mediation service providers.

The past sixteen years have witnessed the proliferation of international commercial courts around the world. However, up until recently, this was largely an Asian and a Middle Eastern phenomenon. Only during the past decade have Continental European countries, notably Germany, France and the Netherlands, joined the bandwagon and started to create new judicial bodies for international commercial cases. Driven by the desire to attract high-volume commercial litigation, these bodies try to offer international businesses a better dispute settlement framework. But what are their chances of success? Will more international litigants decide to settle their disputes in these countries? In this essay, I argue that, despite its recently displayed activism, Continental Europe lags behind on international commercial courts. In fact, although the various European initiatives are laudable, most cannot compete with the traditional market leaders, especially the London Commercial Court, or with new rivals in Asia and the Middle East. If Continental Europe wants a role in the international litigation market, it must embrace more radical change. And this change will most likely have to happen on the European––not the national––level.

The report to the 20th National Congress of the Communist Party of China put forward a scientific and systematic theory of the Chinese path to modernization, in which the modernization of the rule of law is both an integral part and a strong guarantee. Building a modern socialist country in all respects under the rule of law requires attention to the settlement of civil and commercial disputes. The separation of civil society and the political state, along with their mutual influence, has led to the development of diverse dispute-resolution mechanisms. Globalization has further accelerated their development and transformation. In face of the adjustments to the dispute resolution system amid the unprecedented changes of the century, China should complete the top-level design of the diversified settlement of civil and commercial disputes by deploying legislative and judicial resources to enhance the leading role of litigation in resolving these disputes. At the same time, China should continue to prioritize alternative dispute resolution mechanisms, improve the credibility of arbitration, and leverage the aggregating power of mediation, so as to serve the construction of the Chinese path to modernization. [ABSTRACT FROM AUTHOR]

Commercial disputes are instances of crisis situations which may arise between collaborating companies. They are solved by ordinary courts (courts of general jurisdiction) in judicial proceedings (usually by a commercial law division) or through alternative methods, such as arbitration, mediation and settlement proceedings. Selecting between judicial proceedings and alternative resolution methods is an element of the crisis management in commercial disputes, taking into consideration the criteria implied by conditions of legal and economic character, as well as those relating to reputational strategies of commercial operators in a dispute.

Copyright of Journal of Northeastern University (Social Science) / Dongbei Daxue Xuebao (Shehui Kexue Ban) is the property of Dongbei Daxue and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The people’s need for justice through a special court is perceived urgent from time to time. The Commercial Court is an ad-hoc court but its competency has affected the competency of other permanent courts that are already established. The problems need to be answered in this writing regarding the multifunction of Commercial Court. The objectives of the writing, inter alia, to examine the possibility of the Commercial Court has specific rules to restrain its competency. Consequently, there is a need to have a law that specifically limits the competence and the procedural law of the ad-hoc court. The Commercial Court often resolves bankruptcy disputes. It is also used as a solution for the Intellectual Property Rights (IPR) disputes which should be able to enter the criminal domain. It can also be used to solve the Islamic financing issues and other business issues that should be the realm of a permanent judicial institution. The existence of such a rule that limits the competency of the Commercial Court can be a way out of fulfilment of needs of the judiciary to reduce the overlap of court competency among the Indonesian judicial institutions

In this article, we analyze the relationship between the economic growth rate and a rule of law indicator in Mexican states during the period 2006–2013. Specifically, we employ information regarding the time it takes to solve commercial disputes in local courts, which we use as a proxy variable to measure the efficiency of the justice system. In principle, we expect that the shorter the time it takes to resolve commercial disputes, the higher the growth rates will be in the states where the firms are located. Long, drawn-out court disputes are costly for firms, which in turn may translate into lower growth rates due to the negative impact of these costs on their levels of investment. The results suggest that a 100-day decrease in the time it takes to resolve a commercial dispute is associated with an increase of 0.6 per cent in the average GDP per capita growth rate in Mexican states.

One of the basic rights of any person, whether an individual or business entity, is the right to achieve an adequate protection of its violated rights, in front of any state or non-state institution, independently and impartially. However, besides the very need for justice to be satisfied, the efficiency of the process resulting in its satisfaction is also of a great importance. It is not the same whether the establishment of the situation prior to the appearance of the unlawfulness will come within a reasonable time, or within a certain period, which, due to the length of the proceedings, only leads to the omission of justice and fairness. Precisely, it is the efficiency itself which determins the choice of the institution where the participants of the eventual future or emerging disputes will realize their own rights, since the very length of the proceedings, in addition to the uncertainty, can contribute to the development of negative consequences of the unlawfulness more seriously (the greater damage, losses in business, distortion of reputation, etc.). In that sense, the quickness of the process is especially important for business entities regarding the fact that the essence of their existence is a profit gained through the performance of their registered economic activities. Especially favorable are global economic flows, which open up a wide space in terms of the exchange of goods, services and capital outside the borders of the countries that business entities belong to, since the countries themselves are becoming more and more frequent participants of these flows. However, a preexisted harmonious relationship can be easily disturbed with the emergence of business disputes, that cannot be solved by the mentioned agreement. Then, the ruling legal systems, to which the state and business entities belong, become particularly prominent, in order to provide the answers to questions concerning the jurisdiction of the institutions for resolving the dispute, and also the rights that should be applied to the resolution regarding the specific legal nature of the relationship. In situations such as this one, where the laws of the free market predominate, it is clearly pointed out that there is a need for a completely special mechanism in the form of permanent or ad hoc arbitration tribunals, with the state courts competent to resolve economic disputes dominated by the element of foreign affairs. The need for such mechanisms is reflected in the fact that the rights and interests of business entities being violated during an international business cooperation would be satisfied through a “less formal” and more efficient procedure. Therefore, the international arbitration, as a special type of non-state tribunal, is of exceptional importance for economic disputes with a foreign element, if it was envisaged by the agreement between business entities.*

This study discusses the challenges and countermeasures of international commercial dispute resolution in the digital age. With the digitalization of international commercial activities, the efficiency, transparency and innovation of dispute resolution have been improved. As an alternative method of dispute resolution, the development of the Online Dispute Resolution (ODR) is closely related to the Internet. However, the rapidity of technological updates, the lag of international rules, and the digital divide also bring challenges. To address these challenges, it propose proposed to enhance technical capabilities, strengthen data security, develop online dispute resolution platforms, update procedures and physical rules, lower technical barriers and narrow the digital divide. The article stressed that in order to adapt to the development of the digital economy, the rules for international commercial dispute resolution must be updated in a timely manner to ensure that the dispute resolution mechanism can flexibly, efficiently and fairly handle new types of disputes. At the same time, the joint efforts of the international community are needed to build a more perfect environment for international commercial dispute resolution.

The Indian judiciary is evolving at a rapid pace by integrating digital technologies. Under the eCourts project, new digital service centres are being created in the courts that connect the traditional court system and the modern digital infrastructure, providing various online services and also assisting in filing cases electronically. Virtual courtrooms are being introduced, guidelines for litigation conducted through information and telecommunication means are being developed. The introduction of the new Digital Personal Data Protection Act facilitates the beginning of the creation and development of specialized legislation corresponding to the digital age. The objective of this study is to analyze theoretical data on the nature of online dispute resolution in India. Empirical methods such as description, comparison, as well as general logical methods such as analysis, deduction, etc. are used. Conclusions are made about the contradictory nature of online resolution of civil disputes in India. Contemporaries share two positions. Some believe that the introduction of information technology in the activities of the courts creates high risks for the security and privacy of data and the lack of digital literacy will contribute to this, while others believe that the future belongs to virtual courts and online dispute resolution.

Copyright of Godišnjak Pravnog Fakulteta u Sarajevu is the property of Godisnjak Pravnog Fakulteta u Sarajevu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Why is equity a desirable and essential element of commerce and commercial litigation? This article responds to concerns sometimes expressed that equity has little to do with commerce, that contractual disputes do not involve equitable principle and that introducing equitable principles into commerce and commercial litigation leads to uncertainty. This article also addresses the definitional and semantic difficulties inherent in those concerns. [ABSTRACT FROM AUTHOR]

The article introduces the state of mediation of commercial disputes in Morocco and demonstrates the potential role of Morocco in alternative dispute resolution (ADR) in Africa with the adoption of the Arbitration and Conventional Mediation law. Topics discussed are ADR and legal culture of the Arab world, different forms of mediation practiced in Morocco such as conciliation by tribal and religious leaders and arbitration, and formation, legality and effects of mediation agreements.

Copyright of Critique of Law: Independent Legal Studies / Krytyka Prawa: Niezalezne Studia nad Prawem is the property of Akademia Leona Kozminskiego and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Ensayos - Revista de Economía is the property of Ensayos Revista de Economia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article examines the problematic aspects of the economic and legal consequences of the application of state sanctions, which lead to the need for actual termination of economic relations with the counterparty to which state restrictive measures (sanctions) have been applied and the need to resolve property issues and disputes that may arise as a result of such termination. It was established that the legislation on sanctions does not contain special legal rules regarding the procedure for termination of legal relations involving the sanctioned entity. In fact, interested parties are forced to act at their own discretion, using general commercial and civil law remedies, which are not adapted to the special sanctions conditions, and therefore are sometimes unable to resolve disputed situations. It was concluded that there are legal problems in determining the legal grounds for terminating economic relations in connection with the application of sanctions (restrictive measures) and its legal consequences. The solution to this problem should be based on a broad analysis of the practice of similar controversial situations that arise when sanctions are applied. At the same time, the conducted research provides grounds for a conclusion regarding the direction of improving the legal regulation of the application of state sanctions. We believe that economic, civil legislation and legislation on sanctions (restrictive measures) should be systematically supplemented with a complex of legal provisions aimed at regulating the economic and civil legal consequences of the application of sanctions (restrictive measures) to subjects who, at the time of such application, were in contractual relations according to the legislation of Ukraine. In particular, it would be expedient to determine special legal grounds, forms and procedures for termination of contractual obligations in connection with the application of sanctions (restrictive measures) to their party(ies), as well as special rules for the settlement of property and nonproperty interests of the parties as a result of such termination, since the general commercial and civil law remedies are not adapted to special sanction conditions, and therefore are sometimes unable to resolve disputed economic situations. [ABSTRACT FROM AUTHOR]

Copyright of Studia Iuridica Lublinensia is the property of Maria Curie-Sklodowska University in Lublin and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article analyzes the diversity ways of solving commercial disputes in Japan. The International Commercial practice of Japan commercial arbitration association are described. The author researches sources of legal regulation of foundation and function, the order of arbitration procedure, the arbitration agreement and the decisions execution of JCAA.

The article describes the diversity ways of solving commercial disputes in Russia and England. The author analyzed the advantages and disadvantages of alternative dispute resolution, simplified and express procedures which are using in the international commercial practice, carried out analysis the practice of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation and the London Court of International Arbitration.

The paper aims to illustrate how strategic trade policy is used by analyzing the concrete situation in the world aircraft industry, focusing on the case of the large civil aircrafts and on the regional jet aircrafts. We want to clarify which is the position of GATT / WTO regarding the strategic trade policy, what are the factors which made it possible to use strategic trade policy in the aviation industry and how the strategic trade policy was implemented by the four major market actors considered, the disputes that have arisen from the use of strategic trade policy and how these were resolved.

The article reveals the formal-legal basis for the institutionalisation of international commercial arbitration. It is found that states are still far from a unified understanding of the basic scope of human rights, but they have a clear common vision of the mechanism for protecting the interests of international commerce. Against the background of the economic and innovative successes of the EU and other countries in the world that have made human rights a priority, it would appear that the source of modern transnational trade problems lies precisely in another group of states in which commercial interests dominate human rights. This second type of state nourishes its development at the expense of the innovations of the first type of state, its constructive and passionate representatives. Innovative solutions are formulated by the freest people, whose freedom is legally and organisationally guaranteed, which becomes a source of release for their creative, productive existential energy. Therefore, the contradictions between these two types of entrepreneurs of nations give rise to commercial disputes regarding the path of development, as well as legal conflicts within each of these types of nations regarding the vector of development or decline. Strategically, it is an ontology of modern problems of international commercial disputes. It is emphasised that the institutionalisation of international commercial arbitration is conceived as the creation of legal models for interpretation, determination of cause-effect relations, assessment of all essential circumstances of commercial relations, about which the parties of this type of social interaction have not reached an agreement and are forced to turn to mediators, to whom they entrust jurisdiction over the dispute between them. It was noted that the legal reality of the institutionalisation of international commercial arbitration reflects the path of human development, which at the present stage is marked by crisis. Logical, rational, clear law is in a permanent process of critical evaluation of the synergy of creative, risky, adventurous, pragmatic entrepreneurship. Ideal legal models absorb the constructive activity of entrepreneurship, foreseeing its long-term prospects as positive. At the same time, it is the task of lawyers to reject those types of economic relationships that threaten common humanity. In conclusion, the UN Commission on International Trade Law is the only global body designed to ensure the optimal course of correlation processes between private international law and transnational commercial activity. At the same time, however, this Commission suffers from all the consequences of the UN's dysfunction. This is particularly evident in the UN's inability to prevent wars, famines, environmental disasters, military crimes and other global crises. It is advisable for the states to create a separate organisation in which they can coordinate their legal standards of joint entrepreneurship in the extractive industries, production, trade, finance, as well as the global environmental, national economic and other consequences of commercial projects. This organisation would become a convenient platform for honest parity in the unification of the legal practice of transnational entrepreneurship and the settlement of its disputes, based on the legal customs and traditions of different nations. This would provide a significant impetus for the healthy creation and application of international private law, capable of determining the vector both of global progress and of appropriate transformations in domestic national economic policies.

Alternative dispute resolution, usually referred to by the acronym ADR, is the focus ofgrowing interest in the business world, and particularly the international business world. Contractdrafters are continuously inventing new ADR procedures, most of which are derived from, or inspiredby mediation, although in fact this is only one type of alternative dispute resolution. There is no doubtthat ADR has emerged out of practice. At present, there is a very broad range of alternative means ofdispute resolution used in equally broad array of circumstances. An exhaustive list of different typesof ADR cannot be drawn because ADR lends itself to numerous derivatives consisting ofcombinations of common types. Of all the ADR types, mediation is the most traditional and the mostcentral, around which all the other derivatives gravitate.