INTERNATIONAL TRADE LAW

International Trade Law Dispute Resolution: A Comparison of the Appropriateness of Arbitration and Mediation

Table of Content

CHAPTER 01: INTRODUCTION1

Background of the Research1

Problem Statement1

Rationale2

Aims and Objectives3

Significance3

Research Question4

Theoretical Frame work4

CHAPTER 2: LITERATURE REVIEW6

Arbitration in International Trade6

Advantages of International Arbitration: what is wrong with litigation?8

Habas Sinai Ve Tibbi Gazlar isthisal Endustri AS v Sometal SAL [2010] EWHC 29 (Comm)14

Drafting an Arbitration Clause16

Intention to Arbitrate17

Institutional or Ad hoc?18

Choice of Law18

Where are we moving to?20

Will international arbitration go forward?23

CHAPTER 3: METHODOLOGY26

Research Design26

Data Collection Method26

CHAPTER 4: RESULT AND DISCUSSION27

Applications30

Controversies33

Privatization of Jurisprudence33

Inequalities of Bargaining Power34

Evaluation and Empirical Verification of Effectiveness34

Distortions and Deformations of ADR Processes35

CHAPTER 5: CONCLUSION36

REFERENCES37

ANNOTATED BIBLIOGRAPHY40

CHAPTER 01: INTRODUCTION

Background of the Research

Finding a theory of international trade is not a very precise undertaking for the simple reason that nations trade for a variety of reasons. For example: to gain economic or political dominance; to exploit quantity and quality of factor endowment; to overcome adverse geographic and climatic conditions; to satisfy certain preferences or tastes; to reduce the cost of production; or to attain health and strategic goals. These reasons for trade are not new, but their unique acknowledgement has evolved over many years.

International legal arrangements and trade law, now provide an infrastructure to uphold the tradition of free trade, which was the offshoot of eighteenth century political economic thought. Yet, as much as international economist struggled to define the concept, political scientists and judges are routinely dealing with a theory that is evidently more amorphous, a theory whose viability is unavoidably linked with cooperative action. This makes free trade and the accompanying fair trade challenging legal propositions that have troubled international trade relations for many centuries.

Problem Statement

In my thesis problems of litigation in international trade disputes will be briefly addresses and this paper will discusses aalternative dispute resolution specifically, arbitration in international trade and commercial law. Owing to the problems surrounding litigation in international trade law disputes, there has been a growth in ADR. There are many forms of ADR, such as arbitration, conciliation, and mediation and adjudication. This research concentrates on one main form of ADR: arbitration. Solely because in disputes arising from the international sale of goods, large sums and commercial stakes are often involved, and there will always be occasions on which the parties simply cannot agree as to what would constitute a 'fair' outcome. Ultimately, parties may wish to 'win' the case. However, the disadvantages of litigation, particularly in terms of cost and lack of confidentiality, will still remain.

Rationale

Often people think that a successful international legal order is linked with the development of an international system of adjudication within the model of national legal systems. However concerns that national legal system may not be a suitable model at the international level always exist.  There are many other methods of dispute resolution available at the international level, called Alternative dispute resolution. Alternative dispute resolution (ADR) is attracting increasing attention in market economies, such as the USA, as a means of allowing both unionised and non-unionised employees to discuss their grievances in ...