CONTRACT LAW

Contract Law

Question 1

Discuss the different types of dispute resolution process that may be relevant in handling this case

Dispute resolution

Dispute Resolution generally refers to one of several different processes used to resolve disputes between parties, including negotiation, mediation, arbitration, collaborative law, and litigation. Dispute resolution is the process of resolving a dispute or a conflict by meeting at least some of each side's needs and addressing their interests. Dispute resolution, or conflict resolution to use another common term, is a relatively new field, emerging after World War II. Scholars from the Program on Negotiation were leaders in establishing the field.

To answer this question, I would think should be to figure out the difference between litigation and arbitration for the Premises.

Litigation and arbitration proceedings are considered, the two ruling has the force of law; the parties in litigation or arbitration proceedings are in equal status; litigation or arbitration activities are carried out independently. But, after all, as two different legal procedures, they are also different in many ways. (Atiyah, 1979, Pp. 15-40)

To start the arbitration process, first of all, must be reached between the parties to submit the dispute to arbitration the same intention, which can be through a special arbitration agreement can also contract the arbitration clause shown. Agreement means that the time may be in dispute before the dispute can be after a dispute has arisen. Second, both sides must select the specific arbitration agreement. Only meet the above conditions before arbitration is admissible. Of the proceedings, as long as the legitimate party that their rights have been infringed, that may apply to the courts, without the consent of the other party agrees.

Generally accepted arbitration in civil and commercial and economic cases (marriage, adoption, guardianship, custody and inheritance not included), will not be considered criminal and administrative cases. (Atiyah, 1979, Pp. 15-40)

Arbitration body exists between the relationship of subordination between the upper and lower levels, not apply in arbitration jurisdiction and territorial jurisdiction level. Under normal circumstances, the parties may choose in the country with high levels of decision, reputable arbitration, regardless of where a dispute has arisen, how much the subject of controversy. People's courts are divided into four levels; a higher court on the lower court has the supervision, guidance functions, litigation practice and geographical jurisdiction-level jurisdiction. Disputes between the parties are the specific situation to determine which level of court and from which areas of jurisdiction of the court. No court of competent jurisdiction are not free to accept a case, the parties are not free to choose.

In arbitration, the parties agreed by a tribunal composed of three arbitrators, each shall appoint or entrust the Arbitration Commission to appoint an arbitrator, the third arbitrator jointly selected by the parties or jointly entrust the Arbitration Commission to appoint arbitrator members. In the lawsuits, the parties have no right to choose judges. However, in statutory cases, may require the judge to avoid, or request the trial by a summary procedure (only one judge) ...