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Resolution Of International Disputes Outline

Law Outlines > International Business Transactions Outlines

This is an extract of our Resolution Of International Disputes document, which we sell as part of our International Business Transactions Outlines collection written by the top tier of Thomas Jefferson School Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our International Business Transactions Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

#7 - RESOLUTION OF INT'L DISPUTES ARBITRATION

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Binding Not appealable o Unless arbitrator is:
? Incompetent
? Biased Fast Cheap Can look like a litigation - but discovery is faster and easier Both parties must consent o Must have arbitration clause in K before dispute arises Procedure is less formal than in court Arbitration is the best method for Int'l commercial disputes If arbitration is decided, parties must decide: 1) Arbitral rules 2) Place of arbitral tribunal
? Parties can pick and choose Arbitral Rules o Uncitral o ICSID o AAA o ICC Place of Arbitral Tribunal o New York, Corfu, somewhere neutral btwn the two countries Enforcing $$ Judgments o U.S.
? New York Convention (1958) & Federal Arbitration Act

* All arbitral judgments will be enforceable in all of the U.S. including foreign judgments

* Advantage of arbitration

MEDIATION

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Not binding Brings together both parties in an attempt by an objective 3rd party to arrive at a solution

CONCILIATION

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Used frequently in China & Japan Kind of mediation Not binding

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