Strategiczne międzynarodowe zarządzanie zasobami ludzkimi

2011 ◽  
Vol 21 (3) ◽  
pp. 0-0
Author(s):  
Marzena Fryczyńska
Keyword(s):  
Dispute Resolution ◽  
Alternative Methods ◽  
Arbitral Tribunal ◽  
Arbitral Proceedings ◽  
Commercial Disputes

Response to the challenges of the modern market, which requires prompt resolution of the business problems, in order not to fall out of the economic game, are the alternative methods of dispute resolution, which include arbitral proceedings. Arbitration might be useful while resolving civil and commercial disputes, increasingly many corporate disputes, like conflicts between the company and the partner. The arbitral tribunal is constituted by the parties, which are entitled to choose arbitrators, as well as rules governing the proceedings, if not provided otherwise. The main advantages of the arbitral proceedings are the following: flexibility, speed, effectiveness, informality in the conduct of the proceedings and confidentiality. However, the statistics regarding the number of the cases being arbitrated are not impressive, the increase in the number of the disputes directed to the arbitration might have been observed. It is determined by the dissemination of the idea of the arbitration – friendly businesses, likely to adapt to the requirements of the modern market.

Arbitration on Response to Challenges of Contemporary Market

2011 ◽  
Vol 21 (3) ◽  
pp. 0-0
Author(s):  
Anna Karwowska
Keyword(s):  
Dispute Resolution ◽  
Alternative Methods ◽  
Arbitral Tribunal ◽  
Arbitral Proceedings ◽  
Commercial Disputes

Response to the challenges of the modern market, which requires prompt resolution of the business problems, in order not to fall out of the economic game, are the alternative methods of dispute resolution, which include arbitral proceedings. Arbitration might be useful while resolving civil and commercial disputes, increasingly many corporate disputes, like conflicts between the company and the partner. The arbitral tribunal is constituted by the parties, which are entitled to choose arbitrators, as well as rules governing the proceedings, if not provided otherwise. The main advantages of the arbitral proceedings are the following: flexibility, speed, effectiveness, informality in the conduct of the proceedings and confidentiality. However, the statistics regarding the number of the cases being arbitrated are not impressive, the increase in the number of the disputes directed to the arbitration might have been observed. It is determined by the dissemination of the idea of the arbitration – friendly businesses, likely to adapt to the requirements of the modern market.

Assessing the efficacy of forum selection agreements in Commonwealth Africa

2020 ◽  
Vol 7 (2) ◽  
pp. 1-40
Author(s):  
Theophilus Edwin Coleman
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Arbitral Tribunal ◽  
African Countries ◽  
The Subject ◽  
Dispute Resolution Mechanism ◽  
Domestic Support ◽  
Commercial Disputes

Any international commercial agreement has the potential to be the subject of a dispute. In resolving international commercial disputes, parties to a contract are at liberty to choose any dispute resolution mechanism that best serves and meets their commercial interests. Generally, parties to an international commercial contract may resort to courtroom litigation or choose an alternative dispute resolution (ADR) mechanism as a method of resolving their transnational disputes. Underlying almost every international commercial contract, therefore, is a very primary question about where, by whom and how the parties prefer their disputes to be litigated. The response to this question depends on whether parties prefer traditional courtroom litigation, or an ADR mechanism. In most instances, countries put in place dispute resolution regimes that seek to afford contracting parties the liberty to submit their disputes to a foreign forum or an arbitral tribunal for legal redress and/or a remedy. However, while the efficacy of resolving international disputes through arbitration has garnered immense international and domestic support, the submission of disputes by parties to a foreign forum through a forum selection agreement is regarded with much ambivalence in most countries. This article assesses the efficacy of forum selection agreements in Commonwealth Africa. It appraises the judicial approach of courts in Commonwealth African countries relative to the essence and effect of forum selection agreements. This article argues and calls for a higher degree of judicial commitment to the juridical choices of private individuals who are party to an international commercial contract, especially with regard to forum selection agreements.

Part III Arbitral Rules, 16 Rules of Arbitration of the International Chamber of Commerce (ICC)

2019 ◽  
Author(s):  
Baumann Antje
Keyword(s):  
Dispute Resolution ◽  
Arbitral Tribunal ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Time Limits ◽  
Chamber Of Commerce ◽  
International Court ◽  
Arbitral Proceedings ◽  
Number Of Parties ◽  
International Chamber Of Commerce

This chapter discusses the arbitration rules of the International Chamber of Commerce (ICC). It begins with a background on the ICC International Court of Arbitration, with emphasis on its role in the development of international commercial arbitration. It then examines the 2017 ICC Arbitration Rules, citing some relevant figures related to ICC arbitration for the year 2017, including the number of parties involved in cases, the arbitral tribunals, and awards rendered by arbitral tribunals. Figures on other ICC dispute resolution rules are also given. The chapter concludes with a commentary of Articles 1–42 of the ICC Arbitration Rules, which cover topics such as definitions; time limits for written notifications or communications; request for arbitration and the respondent’s counterclaims to such a request; effect of the arbitration agreement; constitution of the arbitral tribunal; appointment, confirmation, challenge, and replacement of arbitrators; and rules of law applicable to the arbitral proceedings.

scholarly journals EFFECTIVE SYSTEM OF COMMERCIAL DISPUTES RESOLUTION AS A PREREQUISITE OF ECONOMIC PROGRESS

2018 ◽  
Vol 1 (2(14)) ◽  
pp. 180-187
Author(s):  
Nataliia Anatoliivna Mazaraki
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Dispute Settlement ◽  
The State ◽  
Alternative Methods ◽  
Resolution System ◽  
Effective System ◽  
Business Entities ◽  
Dispute Settlement System ◽  
Commercial Disputes

Urgency of the research. The current state of the jus-tice system in Ukraine does not provide a quick and justified resolution of disputes that is particularly acute for business circles. Given the lack of qualitative changes in the area of justice in the course of ongoing reform of the judiciary and procedural legislation, the preservation of a critically low level of trust in the judiciary, the state should offer the soci-ery a new social contract on the procedure for resolving legal disputes in the state, which must necessarily include the institutionalization of alternative methods of resolution disputes, first of all, mediation. Target setting. 
The introduction of alternative meth-ods of dispute resolution should be based on an argumen-tated conceptual model that will ensure an effective and fair solution to legal disputes. Actual scientific researches and issues analysis.
The scientific works of leading foreign and domestic re-searchers Yu. Prytyka, V. Reznikovf, Y. Demchenko, G. Braun, A. Marriot, R. Reuben are devoted to separate as-pects of the settlement of commercial disputes and the for-mation of a system of alternative dispute resolution. Uninvestigated parts of general matters 
defining. 
At present, there is no national concept for resolving commercial disputes, the place of alternative dispute resolu-tion, in particular mediation, in the legal system of Ukraine has not been formulated. The research objective. 
There is a need to formu-late a new concept of a dispute resolution system that would ensure that citizens and legal entities have a real choice of an effective and fair dispute resolution procedure. The statement of basic materials.
The formation of the Ukrainian concept of the dispute settlement system must necessarily take into account the national socio-cultural and legal features. The necessity of institutionaliza-tion of mediation is proved by the adoption of the relevant law and the use of mediation procedures by public authori-ties in state-investor disputes and disputes with business entities. Conclusions.
The introduction of alternative methods of resolving disputes in the legal system of Ukraine should ensure an effective and justified settlement of disputes and, as a consequence, create the preconditions for economic growth.

Part III Dispute Resolution Under the Bermuda Form, 18 Commencement of the Arbitration

2018 ◽  
Author(s):  
Scorey David ◽  
Geddes Richard ◽  
Harris Chris
Keyword(s):  
Dispute Resolution ◽  
The Other ◽  
Arbitral Tribunal ◽  
Opposing Party ◽  
Similar Information ◽  
Arbitral Proceedings ◽  
Selection Of

This chapter discusses the procedures involved in the commencement of arbitration. Just as an arbitration agreement must be in writing, arbitral proceedings must also be commenced by way of a written notice unless the parties have agreed otherwise. The claimant's lawyers will usually commence proceedings by sending a formal notice of arbitration or request for arbitration — the precise nomenclature chosen is irrelevant. This advises the other party of a request to arbitrate, sets out the basis of the request, and appoints an arbitrator. A Bermuda Form arbitration could be validly commenced as easily by putting similar information in the form of a letter to the opposing party, or to their lawyers. The remainder of the chapter covers the selection of arbitrators, replacement of arbitrators, issues of jurisdiction of an arbitral tribunal, and court applications.

Introduction

2016 ◽  
Author(s):  
Schaffstein Silja
Keyword(s):  
Dispute Resolution ◽  
National Court ◽  
The Other ◽  
Arbitral Tribunal ◽  
International Arbitration ◽  
Other Hand ◽  
Principal Method ◽  
Prior Decision ◽  
Commercial Disputes

This introductory chapter discusses the judiciary problems that may arise from the increasing number of multi-fora disputes in the international arbitration. International arbitration is widely considered to be the principal method of dispute resolution for international commercial disputes, which commonly involve multiple parties, contracts, and issues. The multiplicity of the subjects involved in the disputes often results in conflicts concerning the proper forum to be applied, and give rise to the question: if a national court renders a decision on the jurisdiction of the arbitral tribunal, would the arbitrators be bound by the prior decision, or could they decide anew whether they have jurisdiction? If the arbitrators are bound by a national court judgment, the parties’ arbitration agreement may be frustrated. On the other hand, if the arbitrators are not bound by the prior judgment and decide that there is a valid arbitration agreement, parallel court and arbitration proceedings may ensue.

Arbitration in Germany: SchiedsVZ Journal SchiedsVZ Journal Promotes Arbitration in Germany

2003 ◽  
Vol 4 (2) ◽  
pp. 199-200
Author(s):  
Jörg Risse
Keyword(s):  
Federal Republic ◽  
Dispute Resolution ◽  
High Standard ◽  
Federal Republic Of Germany ◽  
Court System ◽  
Arbitral Tribunal ◽  
Anglo Saxon ◽  
International Context ◽  
Arbitral Proceedings ◽  
Model Law

Business disputes, especially those with an international context, are often decided by an arbitral tribunal. As of January 1, 1998, the Federal Republic of Germany has adopted the UNCITRAL Model Law for domestic and international arbitrations taking place in Germany. Consequently, German parties have increasingly chosen arbitration as a means of dispute resolution. Moreover, international parties are also discovering Germany as a suitable place for arbitration. The reason for this trend is not only the acceptance of the well-known and arbitration-friendly Model Law. Germany as the designated place of arbitration compares favourably with its international competitors given its very efficient court system that willingly supports arbitral tribunals, if required. Furthermore, a large number of polyglot German lawyers who are well-versed in the laws of foreign jurisdictions are qualified to conduct arbitral proceedings at a high standard for – compared to their Anglo-Saxon competitors – a relatively low price.

scholarly journals Comparative-Legal Analysis of Alternative Tax Dispute Resolution: the Practice of the Russian Federation, the United States, the Netherlands and Germany

2017 ◽  
pp. 58-64
Author(s):  
Елена Цветкова ◽  
Elena Tsvetkova
Keyword(s):  
United States ◽  
The Netherlands ◽  
Dispute Resolution ◽  
The United States ◽  
Alternative Methods ◽  
Main Trend ◽  
Legal Analysis ◽  
Tax Rate ◽  
The Us ◽  
The Moment

The main trend of recent years is the complication of tax administration. In order to improve it states develop forms of work with taxpayers, including alternative tax dispute resolution. The author analyses alternative tax dispute resolution that have already developed in Russia and compares them with similar procedures in the United States, the Netherlands and Germany. To the alternative methods that are applied in Russia the author refers tax monitoring and agreement on the settlement of a tax dispute. Tax monitoring is not seen as a form of tax control, but as a mean of resolving and preventing the occurrence of a tax dispute. The conclusion of an agreement between a tax authority and a taxpayer on the settlement of a dispute in court is possible by reaching a compromise on the qualification of relations, on actual circumstances, on the interpretation of the tax rate. The article contains examples of programs that exist in the US and Germany in the sphere of tax dispute resolution. Also issues related to the implementation of the mediation procedure existing in the United States, the Netherlands and Germany and the possibility of their application in Russia are considered. The author emphasizes the impossibility of applying the procedure of mediation in tax disputes in Russia at the moment due to the lack of legislative regulation.

ALTERNATIVE METHODS TO RESOLVE CONSUMERS DISPUTES

2021 ◽  
Vol 10 (6) ◽  
pp. 42-65
Author(s):  
M.O. DIAKONOVA
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Alternative Methods ◽  
Legal Basis ◽  
Federal Law ◽  
Online Dispute Resolution ◽  
Consumer Rights ◽  
Economic Climate ◽  
Consumer Access ◽  
Dispute Settlement Procedure

The need to develop alternative dispute resolution methods has long been known, but most of all out-of-court dispute resolution is required in consumer relations. The expansion consumer access turn to dispute resolution and filing complaints even for small requirements will help to increase respect for consumer rights and, in general, create a favorable economic climate. The lack of a legal basis for resolving consumer disputes hinders the effective protection of their rights and is not typical of foreign legal systems. In this regard, the draft Federal law “On Amendments to the Law of the Russian Federation ‘On Consumer Rights Protection’ and the Federal Law ‘On Alternative Dispute Settlement Procedure with the Participation of a Mediator (Mediation Procedure)’ in Order to Create a Legal Basis for the Development of Alternative Online Dispute Resolution” has been prepared. The article analyzes this draft law, compares the projected norms with approaches implemented in foreign legislation, and suggests measures to improve the current legislation on the protection of consumer rights by creating an online platform for the settlement of consumer disputes.

2. How arbitration works

2021 ◽  
pp. 23-39
Author(s):  
Thomas Schultz ◽  
Thomas Grant
Keyword(s):  
Arbitral Tribunal ◽  
Arbitral Award ◽  
National Courts ◽  
Arbitral Proceedings

This chapter explains how arbitration works in practice. Arbitration takes place if and only if parties have consented to it. Their consent needs to make clear how, specifically, arbitration is going to work for them. Parties in some situations may use courts and through them the executive apparatus to assist in arbitral proceedings. Under most arbitration agreements, once the arbitrator or arbitral tribunal has given the final arbitral award, arbitral jurisdiction comes to an end, and so there is no place for a party to turn to appeal against an adverse award. However, a losing party nevertheless may have opportunities to challenge an award, including in proceedings in national courts.

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