International Commercial Dispute Resolution.ppt

International Commercial Dispute Resolution By zhangli 12th June, 2006 If you have a dispute with somebody, how would you do? One way to resolve a dispute! Or would you choose to --- judicial proceedings A more modern form of dispute resolution! ADR - The best way to resolve disputes. Alternative Dispute Resolution ADR is a group of processes that provide alternative ways for resolving disputes. Negotiation Mediation Arbitration Advantages of ADR over Litigation Less expensive Less time consuming Parties can choose the person who will preside Might prevent adverse publicity Preserve confidentiality Serves to preserve relationship between the parties 1.Negotiation Characteristics Voluntary, private If agreement, enforceable as a contact No third-party facilitator Informal No limits on presentation of arguments Seeks mutually acceptable agreement 2.Mediation Characteristics Voluntary If agreement, enforceable as a contract Party-selected neutral Unbounded presentation of evidence Seeks mutually acceptable agreement Private Narrow issues for trial 3.Arbitration Characteristics Voluntary If binding, only subject to limited review Party-selected third-party decisionmaker Less formal, procedurally Present proofs and arguments Sometimes principled decision Private BASIC STEPS IN ARBITRATION an agreement to resolve the matter through arbitration decide to be binding or non-binding select the arbitrator the arbitrator contacts all parties and a schedule will be set arbitration hearing all evidence has been submitted arbitrators award The arbitration must be enforced through the court system SAMPLE ARBITRATION CLAUSE: Any dispute arising from or in connection with this contract shall be submitted to China International Economic and Trade Arbitration Commission, South China Sub-Commission for arbitration which shall be conducted in accordance with the Commissions arbitration rules in effect at the time of applying for arbitration. The arbitra