Intra-Firm Trade Law: Contract Enforcement and Dispute Resolution in Transnational Corporations

2015 ◽  
pp. 211-246 ◽  
Author(s):  
Gralf-Peter Calliess ◽  
Stephan von Harder
Keyword(s):  
Dispute Resolution ◽  
Transnational Corporations ◽  
Contract Enforcement ◽  
Trade Law

Firmeninternes Handelsrecht: Vertragsdurchsetzung und Streitbeilegung in transnationalen Unternehmen / Intra-Firm Trade Law: Contract-Enforcement & Dispute Resolution in Transnational Corporations

2013 ◽  
Vol 33 (2) ◽  
Author(s):  
Gralf Peter Calliess ◽  
Stephan Freiherr von Harder
Keyword(s):  
Dispute Resolution ◽  
Transnational Corporations ◽  
Contract Enforcement ◽  
Trade Law

ZusammenfassungObgleich nach aktuellen Schätzungen etwa ein Drittel des weltweiten Warenverkehrs innerhalb von Unternehmen stattfindet, wissen wir nur sehr wenig über die Institutionen, welche zur Beilegung firmeninterner Handelskonflikte eingesetzt werden. Nach Williamson werden diese Konflikte durch Weisungen gelöst. Seine Beschreibung des unternehmensinternen Vertragsrechtsregimes beruht allerdings auf einem idealtypischen Bild des Unternehmens, welches insbesondere hinsichtlich moderner transnationaler Unternehmen nicht mit der Praxis übereinstimmt. In diesem Aufsatz befassen wir uns daher mit der Frage, wie Vertragsdurchsetzung und Streitschlichtung in transnatio­nalen Unternehmen institutionell organisiert sind. Auf der Grundlage von Experteninterviews zeigen wir auf, welche Konflikte beim firmeninternen Handel entstehen und mit Hilfe welcher Governance-Mechanismen sie gelöst werden.

scholarly journals The Singapore Convention on Mediation—A Brighter Future for Asian Dispute Resolution

2019 ◽  
Vol 9 (2) ◽  
pp. 195-205 ◽  
Author(s):  
Eunice CHUA
Keyword(s):  
New York ◽  
Dispute Resolution ◽  
Critical Analysis ◽  
Trade Law ◽  
International Trade Law ◽  
Settlement Agreements ◽  
Recognition And Enforcement ◽  
Model Law ◽  
New York Convention ◽  
Brighter Future

AbstractOn 26 June 2018, the United Nations Commission on International Trade Law [UNCITRAL] approved, largely without modification, the final drafts of the Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention) and amendments to the Model Law on International Commercial Mediation prepared by Working Group II. These instruments aim to promote the enforceability of international commercial settlement agreements reached through mediation in the same way that the New York Convention facilitates the recognition and enforcement of international arbitration awards. This paper provides a critical analysis of the Singapore Convention, and some commentary from an Asian perspective.

INTERNATIONAL TRADE MEDIATION AS A METHOD OF DISPUTE RESOLUTION IN INTERNATIONAL LAW

2018 ◽  
Vol 28 (6) ◽  
pp. 2019-2025
Author(s):  
Fjolla Kaprolli
Keyword(s):  
International Trade ◽  
Dispute Resolution ◽  
Common Interest ◽  
Alternative Methods ◽  
Special Importance ◽  
Trade Disputes ◽  
Goods And Services ◽  
Trade Law ◽  
International Trade Law ◽  
The World

In today's conditions, where economies have open doors all over the world and which conditions operate in the global marketplace, a very important and significant place takes the international trade and the discipline that deals with the study of norms that regulate the way of acting in the international trade for the exchange of goods and services is the International Trade Law. As a result of the liberalization of the world market and as a result of the large number of international trade exchanges of goods and services, the progress and development of enterprises in the national economy, along with the development and advancement of the national economies of the states, proportionally are increasing the importance of this legal discipline. With the exchange of goods and services between subjects in a commercial relationship whether it is a national or international trade exchange and without taking into account the purpose which is to be achieved in that particular commercial relationship, whether it is the sale or purchase of services or goods, are intended to increase their capital. But these cases do not always end with the signing of the legal act and in doing so, with the exchange of goods or services which are the object of that legal act. In these cases, the risk for the appearance of any kind of disputes between the parties is really great. It is not accidental the attempt to escape international trade disputes, which is of common interest to the participants in such trade relations, so that there is as few as possible controversies and disputes between them. But in cases where the interests of buyers and sellers are contradictory, it is pointless to have no disputes at all, so since a dispute cannot be avoided in any way, the same should be resolved. Since judicial procedures in national legislation have a bad background regarding to the inefficiency of case solutions and their unnecessary extensions, theorists and practitioners in recent years have developed several alternative methods for more peaceful and faster solutions to disputes in general and international trade disputes in particular such as arbitration and mediation as two methods that are most important and most often used in practice. The object of this scientific paper firstly will be the elaboration of international trade disputes and then the resolution of disputes that arise in that field by alternative methods of dispute resolution with particular emphasis on the mediation. The implementation of mediation in the resolution of international trade disputes is of special importance for international trade law, it is voluntary and as such during dispute resolution, time is the first aspect and then comes money as the second aspect that are also saved during resolution of disputes through mediation, because mediation provides solution of disputes with small amount of expenses or sometimes it can be said that that amount of expenses look symbolic compared to court expenses.

scholarly journals OECD National Contact Points as the effective means for human rights protection from the activities of transnational corporations

2020 ◽  
pp. 42-59
Author(s):  
Alexey Sinyavskiy
Keyword(s):  
Developing Countries ◽  
Human Rights ◽  
Dispute Resolution ◽  
Multinational Enterprises ◽  
Transnational Corporations ◽  
Developed Countries ◽  
Entrepreneurial Activity ◽  
Contact Points ◽  
Legal Remedy ◽  
Corporate Liability

This article is dedicated to the analysis of extrajudicial mechanisms of consideration of complaints – OECD National Contact Points. The object of this research is the activity of OECD National Contact Points, while the subject of is the dispute resolution procedure therein. The goal of this research consist in carrying out efficiency assessment of OECD National Contact Points as legal remedy for the persons suffered from the activity of transnational corporations. The work consists of the three parts. The first part provides brief description of the activity of transnational corporations and the concept of corporate liability for violation of human rights. The second part is dedicated to the analysis of dispute resolution procedure within the National Contact Points. The third part analyzes the effectiveness of National Contact Points as legal remedy. The author comes to the following conclusions and recommendations: due to the differences in the structure, financing, and human resources, National Contact Points of certain countries appear to be more effective than of the others. The effectiveness largely depends on the level of economic development of the OECD member-state, financing, and competences of mediators. Therefore, the National Contact Points of the developed countries represent the effective legal remedy, while in the developing countries, the parties suffered from entrepreneurial activity face barriers that impede exercising their right to effective legal remedy. The set of organizational and legal measures cans serve as the solution to the existing problems. Namely, the conclusion of bilateral agreements between the developed and developing countries on rendering legal aid and exchange of mediators is essential. The author also recommends establishing corporate liability on the domestic levee in form of fines and other sanctions for refusal of transnational corporation to comply with the decision of the National Contact Points. The provision with recommendation on consolidation of such liability should be introduced into OECD Guidelines for Multinational Enterprises.

TIMBER TRADE ORGANIZATIONS IN SHANGHAI: INSTITUTIONS, ENFORCEMENT, AND DISPUTE RESOLUTION, 1880–1930

2017 ◽  
Vol 14 (2) ◽  
pp. 143-170
Author(s):  
Meng Zhang
Keyword(s):  
Dispute Resolution ◽  
Contract Enforcement ◽  
Business Practices ◽  
Court System ◽  
Chambers Of Commerce ◽  
Trading Partners ◽  
Timber Trade ◽  
Reputation Mechanisms ◽  
The Cost

This study focuses on the mechanisms of contract enforcement and dispute resolution in the trade of timber in Shanghai from the 1880s to the 1930s. It shows that merchant guilds, chambers of commerce, and the court system constituted complementary institutions of contract enforcement. Timber trade guilds relied on reputation mechanisms and information sharing to maintain intra-group solidarity and monitor outside trading partners. Horizontal communications among timber guilds in different localities further enhanced their capability to respond promptly to cross-regional cases. When disputes escalated beyond the scope of a single merchant guild, chambers of commerce (after 1904) and the court system became involved. Vertical communications among these organizations strengthened the continuity from informal norms of business practices to guild regulations, and thence to adjudications in court. Whereas the typical story, drawn from European history, was one of transition toward more formal institutions, this case study shows that formal and informal institutions could complement each other and that they existed along a continuum rather than in separated spheres. The convergence of the expected outcomes as a result of resorting to different platforms of dispute resolution reinforced the consistency and credibility of the cost of defaulting.

scholarly journals The Singapore convention on enforcement of mediated settlement agreements (mediation): from dream to reality?

Lex Russica ◽  
2019 ◽  
pp. 60-72 ◽  
Author(s):  
O. F. Zasemkova
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Business Community ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Cross Border ◽  
Trade Law ◽  
Draft Convention ◽  
Settlement Agreements ◽  
Commercial Disputes

On 26th of June, 2018, at its 51th session, the UN Commission on International Trade Law (UNCITRAL) announced the completion of two important documents — a draft United Nations Convention on International Settlement Agreements Resulting from Mediation, as well as the draft amendments to the UNCITRAL Model L aw on International Commercial Conciliation (2002) that, to a large extent, repeats the provisions of the draft Convention. It is expected that after its approval by the UN General Assembly on August 1, 2019, the Convention will be open for signature and, if ratified by a significant number of States, will play an important role in increasing the attractiveness of this method of dispute settlement to the international business community, allowing it to compete with international commercial arbitration.In this regard, the article attempts to analyze the main provisions of this Convention and to assess the feasibility of accession to it of the Russian Federation, taking into account the fact that currently in Russia this method of settlement of cross-border commercial disputes is not widespread. According to the results of the analysis, the author comes to the conclusion that the adoption of this Convention will create a basis for the enforcement of international agreements reached as a result of mediation and acceptable for States with different legal, social and economic conditions, while maintaining the inherent flexibility of this method of dispute resolution. This, in turn, will reduce the likelihood of parties to cross-border commercial disputes going to court or international commercial arbitration after mediation and, accordingly, will increase the attractiveness of this method of dispute resolution for the parties. 

Sign in / Sign up

Export Citation Format

Share Document