Commercial Disputes Research Articles

Transnational res judicata in international commercial disputes and potential influences for BRI dispute resolution

Res judicata plays an important role in the management of complex cross-border commercial disputes. Courts and tribunals are increasingly required to grapple with the application of res judicata on the basis of a prior determination from a different, and potentially unfamiliar, legal system. These considerations come even more alive in the context of the ambitious transnational project of the Belt & Road Initiative. This paper critically examines the Singapore Court of Appeal’s decision in Merck Sharp & Dohme Corp v Merck KgGA, which offers a cooperative vision of transnational res judicata that strikes a balance between comity and mutual trust between national legal systems, and each system’s own sovereign and constitutional responsibilities and interests. The paper also considers the potential influences of Merck’s unique transnational vision for the BRI dispute resolution ecosystem.

Appraisal of Challenges Confronting Recognition and Enforcement of Arbitral Awards in Nigeria

Arbitration is an alternative dispute resolution method often commenced by express agreement of parties in a dispute. Arbitration has become an increasingly preferred method of settling commercial disputes and thought to have advantages over the traditional litigation. However, a problem could emerge where one party to the arbitration is unwilling to comply with the terms of the award. In this case a successful party is left with no option than to use the enforcement machinery of the courts. This paper adopts the doctrinal approach in discussing the issues with the procedure provided for in the various rules of courts for recognition and enforcement of arbitral awards. It also identifies the challenges inherent in the recognition and enforcement of arbitral awards. The paper identifies other enforcement machineries outside the courts and concludes that arbitration, if not properly managed may ultimately cause delay in enforcement and become a time wasting method therefore defeating the very essence of opting for arbitration instead of litigation. Keywords: Challenges, Recognition, Enforcement, Arbitral Award

The Role of Judicial Discretion in Commercial Disputes: Penalty Clause Issues

The Role of Judicial Discretion in Commercial Disputes: Penalty Clause Issues

Research on the Reform and Development of International Commercial Arbitration in China

International commercial arbitration is the preferred way to resolve cross-border commercial disputes. Facing new situations and challenges, the government should strengthen the training of international commercial arbitration talents, actively participate in international arbitration rule-making, promote the integration of modern technology with commercial arbitration, improve the laws and regulations on international commercial arbitration, and enhance the publicity to raise the awareness of arbitration. Hence, this can establish a sound international commercial arbitration system in line with China’s national conditions and international standards to further optimize the business environment in China and better promote international economic and trade exchanges.

INTERNATIONAL COMMERCIAL MEDIATION: INTERNATIONAL RECOGNITION AND ENFORCEMENT OF MEDIATION AGREEMENTS

Global economic output has increased dramatically due to an increase in cross border trade, the rise of multinational corporations and globalisation.
 The globalisation of trade resulted in an increasing interaction between different cultures and legal traditions with different value systems and philosophical foundations, leading to increased dispute potential which could eventually develop into conflict.
 The default setting for conflict resolution is widely recognised as judicially sanctioned dispute resolution, otherwise referred to as litigation. Commercial litigation processes are, however, getting more costly and burdensome.
 Commercial disputes are furthermore becoming more complex because of the globalised trade landscape and increasing cross-border mobility. This poses unique challenges for litigants and courts. Typical problems encountered include governing law issues, enforcement issues, differing national administrative requirements and legal processes. Dispute resolution by means of litigation is subject to intrinsic characteristics exacerbating the complexity of cross-border disputes. In the EU member states for instance, it takes between one hundred and three hundred days to obtain a first- instance judgment in civil proceedings.
 

The Need, Development, and Benefits of Commercial Arbitration in Afghanistan

Aim: Commercial arbitration is considered to be one of the best and widely accepted mechanisms for resolving commercial disputes in the world today. However, on the one hand, as a member state of the international community, with regard to foreign investment and commercial development in Afghanistan, to what extent does Afghanistan need commercial arbitration in its jurisdiction? How much attention has been paid to the and finally, what are the benefits and advantages of this dispute resolution mechanism for the opposing sides of commercial disputes? All of these queries have been analytically discussed in this research. In this study, the efforts made in Afghanistan are evaluated. The basic purpose of the subject is to evaluate the need and development of commercial arbitration in Afghanistan and to reveal its benefits to foreign and domestic businessmen and companies so that businessmen and companies in Afghanistan can resolve their commercial disputes through a cheap, easy and efficient arbitration mechanism which ultimately paves the way for encouraging greater foreign investment and trade in Afghanistan.
 Methods: In this research, the bibliographic approach has been used and the strategy of presenting the research information is descriptive and analytical.
 Results: The findings of the research show that Afghanistan accepted commercial arbitration as a mechanism for resolving commercial disputes in its jurisdiction almost decades ago, and today it has created many laws for its more efficiency. In addition, it has also practically created arbitration centers and institutions for the resolution of commercial disputes and even created some educational programs for the training of professional arbitrators and expert in this field.
 Recommendation: To a noticeable extent, Afghanistan has paid significant attention to the development of arbitration, it still needs to establish countrywide arbitration centers, enact new procedural laws to enforce arbitral awards and ultimately it needs to institutionalize the use of arbitration mechanism in its legal system.

A highly-sensitive electrochemical sensor based on Ni nanoparticles modified carbon nanotubes/sulfonated reduced graphene oxide for the detection of capsaicinoids in leisure sauced meat products

Unclear labeling of spiciness degrees on leisure sauced meat products is prone to resulting in customer complaints and commercial disputes. The content of capsaicinoids is the basis for evaluating the spiciness of food. In this work, an electrochemical sensor based on nickel nanoparticles modified carbon nanotubes (Ni-CNTs) and sulfonated reduced graphene oxide (S-rGO) was developed for the rapid detection of capsaicinoids content in leisure sauced meat products. The linear ranges of capsaicins are 0.01–100 μmol/L with ultra-low detection limits of 1 nmol/L. The outstanding performances are primarily due to the synergistic effect between Ni-CNTs and S-rGO. This effect not only created a three-dimensional stacked structure that improved the electrochemically active surface area, but also generated an internal electric field that improved the charge transfer rate. This work provides a basis for standardized evaluation of spiciness.

To reason or not to reason: arbitral awards—the conflict between conciseness and the duty to provide reasons under national laws and international rules

Abstract The duty to give reasons in arbitral awards has a mixed history. While it can be traced back to the second part of the 20th century in England, it has been part of accepted practice in civil law countries for a long period. It has become the norm in international arbitration, both in commercial disputes and in investment disputes. While the duty to give reasons is, in general, positive, this article suggests that many international awards tend to be too long. This prolongs the arbitration proceedings and increases costs—both in terms of the arbitrators’ fees and the costs that the parties to dispute must bear while waiting for the award to be issued. To tackle this problem, the article examines the required scope of reasoning in international awards; it then discusses why many international awards tend to be too long. Finally, it suggests ways in which awards can and should be shorter.

The effectiveness of alternative methods of commercial dispute resolution: a comparative analysis of arbitration and mediation

Alternative dispute resolution (settlement) methods, including any kind of out-of-court dispute resolution, are gaining popularity in the Republic of Uzbekistan. This article discusses the general concept of alternative dispute resolution methods, their effectiveness, and distinctive features. The article is also devoted to comparing alternative dispute resolution methods such as mediation and arbitration. This analysis revealed the similarities and differences between the two procedures.

Jurisdictions of International Commercial Arbitration in Afghanistan and UNCITRAL Laws

One of the important issues in international commercial arbitration is the arbitration board, which consists of one or more arbitrators to resolve commercial disputes based on the agreement of the parties to the dispute, or by the arbitration organization or the court, and is dissolved after dealing with the commercial disputes. In this research we examine the competence of the arbitration board in international commercial arbitration, focusing on its ability to make decisions regarding jurisdiction and the examination of the existence of the arbitration agreement. The research employs a descriptive-analytical method and relies on library and electronic sources for data collection. The findings designate that the arbitration board, per the Afghanistan Arbitration Law and the UNCITRAl Model Law on International Commercial Arbitration, has the authority to determine its jurisdiction and observe the existence of the arbitration agreement. It is established that the principle of competence-competence is widely accepted by the laws of many countries. However, it is elucidated that the subject matter jurisdiction lies with the agreement of the parties involved. The research highlights the importance of the arbitration board in impartially resolving commercial disputes evolving from economic and commercial contracts and emphasizes its role in achieving quick and fair dispute resolution.

The Role of Proof of Written Vice Electronic Documents: A Study of the Laws of Jordan and the United Arab Emirates

Proof of document means that a document is required to be produced and proved according to law to be called evidence. Whether such evidence is relevant, irrelevant, admissible or inadmissible, is a matter of trial. Every piece of documentation can make a difference in supporting your case. It is crucial to proving the case to ensure that as much evidence as possible is gathered and detailed records are well maintained. Don't wait till it's too late. Electronic document (e-document) refers to any transactional document which is exchanged between trading partners in an electronic format and manner. Distinct from PDF or image files, e-documents are machine readable and typically exchanged via software or online platforms rather than email. E-documents are generally characterized by authenticity, accuracy, integrity, and accessibility. Project documentation, minutes of meetings, emergency plans, and inspection reports are all examples of records. Good written records are accurate, written in plain English with no jargon, and contain all relevant information. For the importance role of documents in proof before the courts and other dispute settlement tribunal in civil and commercial disputes. Documentation plays a crucial role in legal proceedings. It can be used as evidence to support your case and prove claims. In order for documentation to be admissible in court, it must be relevant, authentic, and have been obtained legally. This paper focuses on evaluating the equivalence between official and electronic documents in proof in both, the laws of Jordan and the United Arab Emirates (UAE). The differences in legislators’ situation from the equivalences between official and electronic documents are examined. This study followed Analytical methodology approach represented in analyzing the governing texts, judicial rulings, and jurisprudential opinions. In the conclusion the study finds many differences in legislature’s situations in cogency and power between written and electronic documents. This study thus offers recommendations with some essential modifications.

Analysis of Challenges and Prospects for Dispute Resolution through the National Sharia Arbitration Board in the Indonesian Legal Context

This research explores the challenges and prospects for dispute resolution through the National Sharia Arbitration Board within the Indonesian legal context. Utilizing qualitative research methods, including interviews, case studies, content analysis, and comparative analysis, the study identifies institutional challenges such as resource constraints, procedural complexities, and limited jurisdiction. Legal and cultural factors, including the harmonization of laws, cultural sensitivity, and gender equity, are examined. Case studies illustrate the Board's efficacy in family disputes while revealing challenges in handling commercial disputes. Prospects for future development encompass legal reforms, capacity building, and public awareness initiatives. A comparative analysis with global Sharia arbitration bodies provides insights into shared challenges and distinctions. The implications for the Indonesian legal system highlight the need for strategic interventions. Overall, this research contributes to a nuanced understanding of the National Sharia Arbitration Board's role and suggests pathways for its sustainable development

Arbitration of commercial disputes in the Republic of Kazakhstan and Europe: Issues of theory and practice

Relevance. The relevance of the study is due to the need to resolve problems related to the alternative settlement of economic disputes in Kazakhstan.Purpose. The purpose of the study is to conduct a detailed analysis of the activities of the institute of arbitration in accordance with the current legislation.Methodology. Among the methods used, it is worth noting logical analysis, functional analysis, dogmatic, legal hermeneutics, deduction, induction, and others.Results. The study revealed that this legal institute provides an opportunity for subjects of commercial legal relations to control dispute resolution independently; it also has a number of advantages in comparison with state judicial instances. The main organisations that implement arbitration proceedings in Kazakhstan were considered. The regulatory framework that governs arbitration in the Republic was also examined. It was noted that the main problematic aspects of the functioning of the institute of arbitration in Kazakhstan are related to the delimitation of competence, cancellation of the arbitration agreement, securing a claim, recognition and enforcement of the arbitration agreement. A comparative legal analysis of commercial dispute arbitration in Kazakhstan and Europe was conducted. In particular, the experience of such countries as Great Britain, France, Germany, Poland, Switzerland, Sweden, and others was investigated.Conclusions. The practical value of the results obtained consists in providing recommendations that will improve the effectiveness of one of the most important legal institutes, increase the level of trust and credibility of arbitration in Kazakhstan before foreign persons, and provide a more guaranteed mechanism for ensuring the right of subjects to choose a method of resolving a commercial dispute.

The Role of International Arbitration Institutions in Resolving Business Disputes Between Countries

Arbitration is an option that businesses frequently use to resolve conflicts. Arbitration, as an institution in the field of judicial proceedings outside of public courts, is a highly useful way of settling disputes or disagreements that arise in the fulfillment of agreements or contracts, particularly in both national and international private law. This arbitration organization is commonly utilized in commercial and investment transactions. In this research, the approach used is normative juridical, which evaluates and tests secondary facts in the form of positive law. This research is descriptive and analytical in nature. arbitration is a way of resolving a civil dispute outside the public courts based on an arbitration agreement made in writing by the parties to the dispute. Individuals or institutions can settle disputes through arbitration. Arbitration is increasingly being utilized to settle national and international commercial disputes. The role of international arbitration is facilitated by the existence of international arbitral institutions. These bodies include The London Court of International Arbiitration, The Court of Arbitation Of The International Chamber Of Commerce, The Arbitration Institute Of The Stockholm Chamber Of Commerce, and Indonesian National Arbitration Board.

The Jurisdiction of China International Commercial Court: substance, drawbacks, and refinement

The wave of setting up international commercial courts has emerged internationally. Following the trend, China established the China International Commercial Court (CICC) in 2018. The CICC exercises consensual jurisdiction and non-consensual jurisdiction over international commercial disputes, and has jurisdiction to support international commercial arbitration. This article analyses the CICC’s criteria for determining international commercial disputes and the specific requirements for each type of jurisdiction based on the relevant provisions and judicial practice of the CICC. In addition, this article identifies the drawbacks of the CICC’s current jurisdiction system, and provides several suggestions for refinement, including the modification and clarification of the criteria for determining the internationality and commerciality of disputes, the removal of restrictions on jurisdiction agreements, the clarification of substantive standards for case transfer, and the expansion of its jurisdiction to support international commercial arbitration.

Amicable settlements for civil and commercial disputes: a comparative study of Emirati and Egyptian legislations

Amicable settlements for civil and commercial disputes: a comparative study of Emirati and Egyptian legislations

Commercial Disputes and Conflicts of Laws

Commercial Disputes and Conflicts of Laws

Study on the Innovation of Civil and Commercial Dispute Resolution Mechanisms in the Context of “Belt and Road”

Study on the Innovation of Civil and Commercial Dispute Resolution Mechanisms in the Context of “Belt and Road”

Time Taken for Disposition of Commercial Disputes in the Netherlands

Time Taken for Disposition of Commercial Disputes in the Netherlands

Appointing Women as Arbitrators in Administrative and Commercial Disputes Resolution: Evidence from the Kingdom of Saudi Arabia

Appointing Women as Arbitrators in Administrative and Commercial Disputes Resolution: Evidence from the Kingdom of Saudi Arabia