Lecture 8 - Commercial Dispute Resolution Flashcards Preview

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Flashcards in Lecture 8 - Commercial Dispute Resolution Deck (16)
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1
Q

Majority of commercial and civil disputes are settled..

A

Without going to court

2
Q

Costs in UK

A

Usually, losing party pays winning party’s legal costs, but always unrecoverable amount around 25%

3
Q

No guarantee

A

Winner will get paid

4
Q

Enforcement of paying (5)

A
  • Instruct Bailiff to seize goods
  • Obtain charging order over property (if no mortgage)
  • Get employer to deduct from their wages
  • If other people owe them money, get them to pay you instead
  • Make them bankrupt (won’t get money back but threat)
5
Q

Tribunal

A

Set up by government to deal with disputes in specific areas eg Employment Tribunal

6
Q

Tribunals designed..

A

For people to represent themselves (cheaper)

7
Q

Arbitration

A

Dispute is referred for a decision to independent arbitrator (expert in field).

8
Q

Dispute only referred to Arbitration if:

A
  • Parties agreed beforehand

- After dispute, BOTH parties agree

9
Q

New York Convention

A

160ish countries signed up to agree to enforce arbitration awards internationally

10
Q

Arbitration held

A

In private, therefore confidential

11
Q

Mediation

A

Independent accredited mediator appointed to broker settlement. Much cheaper and easier than court

12
Q

Mediation useful if

A

Want to preserve commercial relationship.

13
Q

Courts opinion of mediation

A

Actively encouraged, severe cost penalties imposed for those who unreasonably refuse to attempt mediation

14
Q

Med-Arb

A

Parties agree before or after dispute arisen that they will try to resolve differences through mediation, but if this is unsuccessful, will go through arbitration rather than court

15
Q

Parties..

A

Free to decide way to resolve dispute

16
Q

Tribunals NOT

A

Method of Alternative Dispute Resolution