Law - Arbitration
Student Name: Nishanta Shahi
Date: 15th July 2013
Student Registration number: 12071
Email: s12004540@glyndwr.ac.uk
Contents 1. Introduction to Legal System and Disputes 3 2. Alternative Dispute Resolution (ADR) 4 3. Issues with ADR (Advantage and Disadvantage) 4 4. Types of ADR 5 4.1 Arbitration: 5 4.2Mediation 6 4.3Conciliation 6 4.4Negotiation 6 5. Discussion 7 6. Recommendation/Conclusion 8
7. Reference…………………………………………………………………………………………………………………………………………….9
1. Introduction to Legal System and Disputes
Many countries in twenty first century follow two legal forms of law namely civil and common law. The common law tradition originated during middle ages from England and was applied to the all British colonies throughout the British Empire. While the civil law traditions has it’s roots’ in continental Europe at the same time and was applied throughout the colonies of European imperial powers like Portugal and Spain. Civil law was also adopted in the nineteenth and twentieth centuries by countries previously following unique legal traditions, such as Japan and Russia that sought to reform their legal systems in order to achieve political and economic power comparable to that of Western European nation-states (Berkley, 2012). It is important to look at the historical background in order to get the clear picture of its evolution and current form.
As we focus on civil disputes, it ranges vary from issues such as non-payment of debts, contract issues, housing disputes, bankruptcy, personal claims in England and wales, most of these are dealt in county courts. That is the reason sometimes county court are called small claims court, though they do hear more serious cases as well. The most serious cases are heard in high court. Nearly 1.4 million civil claims and petition are brought forward to the county court each calendar year. Among them only about 3-4% of cases need hearing. In majority of this case, either the
Date: 15th July 2013
Student Registration number: 12071
Email: s12004540@glyndwr.ac.uk
Contents 1. Introduction to Legal System and Disputes 3 2. Alternative Dispute Resolution (ADR) 4 3. Issues with ADR (Advantage and Disadvantage) 4 4. Types of ADR 5 4.1 Arbitration: 5 4.2Mediation 6 4.3Conciliation 6 4.4Negotiation 6 5. Discussion 7 6. Recommendation/Conclusion 8
7. Reference…………………………………………………………………………………………………………………………………………….9
1. Introduction to Legal System and Disputes
Many countries in twenty first century follow two legal forms of law namely civil and common law. The common law tradition originated during middle ages from England and was applied to the all British colonies throughout the British Empire. While the civil law traditions has it’s roots’ in continental Europe at the same time and was applied throughout the colonies of European imperial powers like Portugal and Spain. Civil law was also adopted in the nineteenth and twentieth centuries by countries previously following unique legal traditions, such as Japan and Russia that sought to reform their legal systems in order to achieve political and economic power comparable to that of Western European nation-states (Berkley, 2012). It is important to look at the historical background in order to get the clear picture of its evolution and current form.
As we focus on civil disputes, it ranges vary from issues such as non-payment of debts, contract issues, housing disputes, bankruptcy, personal claims in England and wales, most of these are dealt in county courts. That is the reason sometimes county court are called small claims court, though they do hear more serious cases as well. The most serious cases are heard in high court. Nearly 1.4 million civil claims and petition are brought forward to the county court each calendar year. Among them only about 3-4% of cases need hearing. In majority of this case, either the
References: * J.H. Baker (2002). An Introduction to English Legal History. 4th ed. London: Butterworths * Slapper, G and Kelly, D (2001). Sources on The English Legal System. 2nd ed. London: Cavindish Publishing. * Unknown. (2012). The Common Law and Civil Law Traditions. Available: http://www.law.berkeley.edu/library/robbins/CommonLawCivilLawTraditions.html. Last accessed 7th July 2013. * ACAS.(2013). Conciliation. Available: http://www.acas.org.uk/index.aspx?articleid=1697. Last accessed 14 July 2013. * Shin, J, 2011. Discussion on the Models of ADR. Masters. Berkley, California: University of Berkley. * Matthew Zola. 2013. EDF drops £5m lawsuit against ‘No Dash for Gas’ protestors. [ONLINE] Available at:http://www.greenwisebusiness.co.uk/news/edf-drops-5m-lawsuit-against-no-dash-for-gas-protestors-3846.aspx. [Accessed 14 July 13]. * Denise Roland. 2013. BP defends action against ‘fictitious’ Gulf of Mexico claims. [ONLINE] Available at:http://www.telegraph.co.uk/finance/newsbysector/energy/oilandgas/10142987/BP-defends-action-against-fictitious-Gulf-of-Mexico-claims.html. [Accessed 11 July 13]. * Government UK. (1996). General Principles. Available: http://www.legislation.gov.uk/ukpga/1996/23/section/1. Last accessed 15 july 2013. * Ministry of Justice. (2013). The truth about civil cases. Available: http://open.justice.gov.uk/courts/civil-cases/. Last accessed 13 July 2013.