scholarly journals Principles of Mandatory Mediation in Commercial Disputes in Turkish Law with Determinations and Comments on its Applications

2021 ◽  
Vol 0 (70) ◽  
pp. 1-52
Author(s):  
Dilek Cengiz
Keyword(s):  
1991 ◽  
Vol 18 (2) ◽  
pp. 241
Author(s):  
Sally Wheeler
Keyword(s):  

Author(s):  
Mohammed bin Fahed al-Subaie

    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.  


2021 ◽  
Author(s):  
◽  
Asher Gabriel Emanuel

<p>A proposed Bilateral Arbitration Treaty would subject international commercial disputes between enterprises in signatory states’ jurisdictions to arbitration unless the parties agreed to the contrary. This marks a substantial departure from conventional understandings of arbitration as based on the consent of the parties. More importantly, the policy would modify the jurisdiction of the courts, removing a large number of disputes to offshore tribunals subject to minimal judicial oversight. This paper explores the constitutional propriety of such a policy, with particular attention paid to the principles of the separation of powers, the rule of law, public provision of essential State functions, open justice, and democracy. These constitutional principles would be subverted if the policy were to operate within the existing regulatory framework for arbitration. The paper makes recommendations for possible modifications to the policy that would make it a better fit with the constitution.</p>


2018 ◽  
Vol 27 (3) ◽  
pp. 129
Author(s):  
Anna Kalisz

<p>The article is an attempt to examine the results of the amendments, which have been introduced to civil procedure and to mediation law since the 1<sup>st</sup> January 2016. Mediation corresponds with the nature of private law and in many other Western countries it has become a significant part of justice in civil, commercial and family matters. The examined updating was meant to: raise the social knowledge and recognition of mediation; increase the number of mediations conducted; motivate lawyers to apply it as a solution for legal disputes; raise the standards of professional court mediators and – last but not least – shorten the length of the civil proceedings. Most of the changes have been inspired by the EU directives on commercial disputes.</p>


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