Nobody downloaded yet

Means of Dispute Settlement - Assignment Example

Comments (0) Cite this document
Summary
Considering the bureaucratic, cumbersome and time consuming operations of the courts, it is highly advised for people with urgent cases to use ADR for…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.3% of users find it useful
Means of Dispute Settlement
Read TextPreview

Extract of sample
"Means of Dispute Settlement"

Download file to see previous pages It is highly advocated since it saves the expensive court fees and reduces the backlog of the court cases. Under the Arbitration Act, the judgment is valid and binding (Twomey and Jennings 26).
In mediation, the mediator has no power to make judgment therefore acting neutral and as a messenger, in presentation of the offer made. However, the mediator might influence the plaintiff’s decisions by making statements or views that may affect the plaintiff’s choice. Mediation is an efficient process especially where none of the parties have any intention of lessening their attitudes towards each other (Twomey and Jennings 26).
The reference to a third person is almost the same as mediation, though in this case the third party has implied powers to make a decision regarding the dispute in question. Since the third party is independent and neutral, the decision reached herein is enforceable and cannot be appealed further. The damages sought are fixed according to the judgment of the mediator (Twomey and Jennings 26).
Basically, medarb is an alternative dispute resolution method which almost resembles the arbitration method. However in medarb, the arbitrator who was hearing the facts from both sides of the aggrieved parties; also acts as the mediator in that, he presents the offer made by the defendant so as the plaintiff can make a decision (Twomey and Jennings 26).
In rent a judge, the parties involved voluntarily hire a judicial judge to hear their case. The hired judge acts as referee and hears the case as in the normal trial. After hearing of the case, the judge makes a decision which will be enforceable between the two parties. Unless, if stated in the contract clause; the judgment can be reversed through an appeal (Twomey and Jennings 27).
If both parties belong to an association, the dispute is normally resolved by a tribunal formed by the associations. The tribunal is ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Means of Dispute Settlement Assignment Example | Topics and Well Written Essays - 500 words”, n.d.)
Means of Dispute Settlement Assignment Example | Topics and Well Written Essays - 500 words. Retrieved from https://studentshare.org/business/1677318-means-of-dispute-settlement
(Means of Dispute Settlement Assignment Example | Topics and Well Written Essays - 500 Words)
Means of Dispute Settlement Assignment Example | Topics and Well Written Essays - 500 Words. https://studentshare.org/business/1677318-means-of-dispute-settlement.
“Means of Dispute Settlement Assignment Example | Topics and Well Written Essays - 500 Words”, n.d. https://studentshare.org/business/1677318-means-of-dispute-settlement.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
WTO Dispute Settlement Procedures
...methods employed utilised secondary sources as the information in books, journals, magazine articles and on the Internet provided a vast array of content. In that context qualitative as well as quantitative methods were used in combination as a means to bring balance to the research process (Balram, 2003, pp. 41-58). As the study entailed uncovering the procedures and processes utilised in Dispute Settlement as well as application, the preceding represented a means to develop a more comprehensive understanding, along with inductive and deductive methods.   It was uncovered that whilst the Dispute Settlement Understanding under the World...
58 Pages(14500 words)Dissertation
WTO dispute settlement procedure
...representation in the WTO’s dispute resolution system immediately draws attention to an inherent weakness rather than the success of the system. There are a number of explanations for this uneven representation. It could mean that the dispute resolution system is not well understood by developing countries. Or perhaps they lack the resources to proceed. Regardless of the explanation, there appears to be a weakness in the WTO dispute resolution system that deters its use by developing countries. In evaluating the success or lack thereof of the WTO’s dispute settlement process, this paper will examine this disparity in complaints lodged....
16 Pages(4000 words)Essay
WTO dispute settlement procedures
...?Table of Contents 2 1Introduction 3 1Background history 3 2Problem ment 4 3Aims and objectives 5 4Significance of the study 5 Bibliography 6 Abstract The Dispute resolution/settlement procedure under the World Trade Organization (WTO) is considered to be at the core of the global multilateral trade of the 21st century. A dispute within the global economy and trade arises when one Member State frames a trade policy or takes up some measures that the other Member States perceive as a direct violation of the WTO treaty agreements. However, various instances show that the dispute resolution process under WTO has some inherent flaws that give scope to the economically...
3 Pages(750 words)Thesis
The Oregon Dispute and its Settlement Summary
...The Oregon dispute and its settlement summary The Americans began their expedition with the aim to explore new places especially Asia in 1852. American merchants and traders sailed through the Atlantic, then down around Capetown and across Indian Ocean finally settling past Macao and Hon Kong the main islands of Japan. American arrival in Japan was not warmly received because any uninvited visitor to Japan was subjected to torture, jailed or even decapitated. In addition, the encounter between the two pacific powers was not warm but they later understood each other. American forced their encounter on Japan for different reasons which they did not honestly discuss among themselves. However, the aftermath...
3 Pages(750 words)Essay
International Dispute Settlement
...the expertise similar to the judges of municipal courts and common rules and regulations are applied to the cases. The rules made by the judge are created by the rule of law and are free from the power of one of the parties. The decisions made under this method are legally binding and enforceable by law. This means that the parties involved in the conflict has to abide by the decisions made and if they don’t, they have to face future consequences. Certain decisions made by the municipal courts are said to be influenced by the government. In international courts, a third party is involved t settle the dispute. Due to this governments of the parties involved can not be held responsible for the results of...
4 Pages(1000 words)Essay
Dispute Settlement Understanding
...Examine the effect in the practice of Article 4, 6 and 23 of the Dispute Settlement Understanding (DSU). What is their combined effect on the object(s) and purpose Introduction: The World Trade Organisation or WTO has over 140 members including all of the major trading countries and trade disputes are likely among these members as WTO agreements may be interpreted or applied differently by different WTO members1 . Considering the possibilities and of trade disputes, the Dispute Settlement Understanding has been used by the WTO as a legal and administrative tool to settle disputes between trading members. Yet the actual...
14 Pages(3500 words)Essay
Dispute Settlement in the World Trade Organisation
...on the importance of this case saying that "due to a lack of funds and information, "[t]here's never been a case brought, or brought against [least-developed countries] so far."15 The ACWL is one of the only ways in which developing countries find the means to participate in dispute settlement within the WTO. Griesberger (2004) believes that the non-participation of poorer countries in the WTO dispute processes is one of the reasons the WTO faces problems of legitimacy. She claims, "when parties are equally represented, the entire system is legitimated, and legitimacy, especially in the eyes of developing countries, has been a problem that has plagued the WTO for...
10 Pages(2500 words)Essay
Dispute Settlement between States
...DISPUTE SETTLEMENT BETWEEN S: THE IRAN-U.S. CLAIMS TRIBUNAL CASE AND THE LA GRAND CASE Introduction Peaceful settlementof international disputes is considered the main objective in maintaining peace and security as legislated in significant principles of Article 2(3) of the United Nations Charter. The legislation states that all members of the United Nations are to settle international disputes in a manner that shall not endanger international peace, security, and justice. Article 33(1) of the United Nations Charter also discusses direct and peaceful settlement of international disputes where states are to settle their...
8 Pages(2000 words)Essay
WTO: Dispute Settlement Understanding
...WTO: Dispute Settlement Understanding Introduction: Uruguay Round Agreements established a ceremonial, structured dispute settlement arrangement to substitute the mainly ad hoc mechanism that had functioned under GATT. The establishment of DSU in fact strengthened the scope and mechanisms of dispute settlement in the WTO process. DSU makes it compulsory for Member nations who are having some disputes to utilise the WTO system and not to engage in imposing unilateral measures, as in the past, and to settle issue themselves. This research essay analyses the issues faced by DSU in making compulsory the compliance by member...
10 Pages(2500 words)Essay
Dispute Settlement DB-3
...Dispute Settlement DB-3 Dispute Settlement DB-3 This essay will discuss about General Motors Company (GM) and howit has been affected by recent shifts in international policies and regulations in relation to foreign investment. GM is one of the world’s largest automaker with operations in more than 120 countries. GM has 167 plants globally and ships products worth $90 billion in these plants at any given time (Colvin, 2012). With operations in several countries, GM is greatly affected by any changes in the international policies of the countries they serve. It enjoys a strong market position specifically in Brazil, Russia, India and China. One of the major markets...
2 Pages(500 words)Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Let us find you another Assignment on topic Means of Dispute Settlement for FREE!
logo footer
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • StudentShare App Store
  • StudentShare Google play
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • Miscellaneous
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us