International commercial arbitration - Essay Example

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ADVANTAGES AND DISADVANTAGES1 OF INTERNATIONAL ARBITRATION LITIGATION: In simple words, litigation is defined as a process through which an argument between two or more parties is taken to a court. ‘(Cambridge dictionaries)’1. The proceeding been taken by the courts as a result of charge is also termed as litigation…
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Download file to see previous pages ‘(Murray, 2011)’3. In other words, litigation means the filing of charge against another person and bringing the case in the court of law. It is also sometimes called legal process. In litigation, it is quite often that the lawyers are hired by both the parties. However, the right of resolution rests with the court. However, litigation relates to the legal processes which usually involve civil cases. Criminal proceedings are not covered under this term. In litigation, there are two parties involved in the legal proceedings being conducted. One party is called the plaintiff. Plaintiff is the party which brings the charge in the court of law. The other party is called defendant. It is the party against which the charge is taken in the court. This party defends the case and tries to prove the charge to be falsie and void. The plaintiff and defendant may be individuals, organization or states which have brought the lawsuit before the court for resolution. ‘(Business dictionary,)’4. When the plaintiff brings a civil charge in the court of law, both the parties, that is plaintiff and defendant, are entered into the process of litigation. In courts governing civil procedures, the process of litigation consists of a number of systematic steps. These steps lead to the trial conducted by the court and ultimately, the matter is resolved by the court. However, all the disputes are not taken to the courts at once. Initially, whenever a dispute arises, the parties may try to settle the case between them. This is due to the reason that litigation may involve a number of trial proceedings which may extend to a considerable length of time. It may also be costly and time consuming. Thus, it seems better for the parties to resolve the matter without referring to a court. The case is settled if the person who is alleged to cause the injury fulfills the demands and requirements of the party who is suffered with the injury. However, if the requirements of the injured party are not fulfilled, that party may proceed to bring the lawsuit in the court of law. The litigation may be brought by serving to the defendant the copies of complaint and summons and then filing the objection and complaint in the civil court. The complaint being served to the court must contain full facts regarding the injuries being caused and then requesting monetary damages or other relief being equitable and justified. ‘(Harris, 1994)’5 In the modern world, it is considered as an art of an active litigator to know the case completely and act both proactively and reactively in order to produce logical arguments with the help of correct evidences. The use of automated techniques also helps the lawyers in winning the case. Litigation support has also been changed with the invention and development of Information technology. These technologies have helped lawyers in handling large number of cases of their clients as day to day complexity of businesses has also increased the number of litigation claims in the courts. ARBITRATION: In litigation, the case is taken to the court of law. But the process is time-consuming and expensive. Moreover, in many cases, both the parties do not reach upon a conclusion. However, they also do not prefer to refer to the court of law for the resolution of the case. For such a condition, an alternative for the litigation is introduced. It is known as ‘arbitration’. Thus, arbitration is defined as a technique which involves ...Download file to see next pagesRead More
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