International Dispute Resolution
International Dispute Resolution 1. Can Alternative Dispute Resolution address the problems of international jurisdiction?
Outline of Essay
1) Overview of international jurisdiction
2) Introduction of ADR
3) Types of ADR: -Negotiation -Arbitration Describe the pros and cons of these ADR and how they resolve disputes
4) Benefits of ADR over litigation (eg saves time and costs)
5) Limitations of ADR (the outcome may be disputed)
6)Conclusion
Dispute resolution management for international construction projects in China
Experts’ views and findings
Similarly, the experts were asked to refer to their experience and identify in ranking order the most popular dispute resolution mechanisms for resolving disputes of international projects in China. The results are shown in Figure 2. As expected, negotiation is found to be the most commonly used method (100 per cent of the 40 experts choose the method). Negotiation is not normally included in the study of formal dispute resolution methods because it can take any form, and the process and results are considered as commercial dealings that are seldom disclosed for experience sharing. After negotiation, arbitration (95 per cent frequency) is the most popular.
Negotiation
The experts suggested that negotiation should be employed as the first method to resolve disputes. Unlike mediation and arbitration, negotiation does not involve a third party in the process of resolution. Some of the identifed advanatges with negotiation are: speedy resolution; flexibility; quick and simple procedure; informality; and privacy. The disputing parties would get together to discuss the problem voluntarily and reach a mutual agreement. Resolving disputes through negotiation is an indispenable part of construction project management. It is an essential skill that senior management should learn and master.
As the Chinese court rulings are, like their English counterparts, subject to appeal, which means litigation
Outline of Essay
1) Overview of international jurisdiction
2) Introduction of ADR
3) Types of ADR: -Negotiation -Arbitration Describe the pros and cons of these ADR and how they resolve disputes
4) Benefits of ADR over litigation (eg saves time and costs)
5) Limitations of ADR (the outcome may be disputed)
6)Conclusion
Dispute resolution management for international construction projects in China
Experts’ views and findings
Similarly, the experts were asked to refer to their experience and identify in ranking order the most popular dispute resolution mechanisms for resolving disputes of international projects in China. The results are shown in Figure 2. As expected, negotiation is found to be the most commonly used method (100 per cent of the 40 experts choose the method). Negotiation is not normally included in the study of formal dispute resolution methods because it can take any form, and the process and results are considered as commercial dealings that are seldom disclosed for experience sharing. After negotiation, arbitration (95 per cent frequency) is the most popular.
Negotiation
The experts suggested that negotiation should be employed as the first method to resolve disputes. Unlike mediation and arbitration, negotiation does not involve a third party in the process of resolution. Some of the identifed advanatges with negotiation are: speedy resolution; flexibility; quick and simple procedure; informality; and privacy. The disputing parties would get together to discuss the problem voluntarily and reach a mutual agreement. Resolving disputes through negotiation is an indispenable part of construction project management. It is an essential skill that senior management should learn and master.
As the Chinese court rulings are, like their English counterparts, subject to appeal, which means litigation