Book contents
- Frontmatter
- Contents
- List of figures and tables
- List of case studies
- Preface
- Acknowledgements
- List of abbreviations
- Chapter 1 EU institutions and law making
- Chapter 2 Contracts for the sale of goods to an EU buyer
- Chapter 3 Transport of goods to an EU buyer
- Chapter 4 Customs law and procedure within the EU
- Chapter 5 Payment and risk management in international sales
- Chapter 6 Sales to the EU using an EU representative
- Chapter 7 Entering the EU market via franchising arrangements
- Chapter 8 Establishing a permanent presence in the EU
- Chapter 9 Resolving a dispute with an EU firm
- Index
- References
Chapter 9 - Resolving a dispute with an EU firm
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- List of figures and tables
- List of case studies
- Preface
- Acknowledgements
- List of abbreviations
- Chapter 1 EU institutions and law making
- Chapter 2 Contracts for the sale of goods to an EU buyer
- Chapter 3 Transport of goods to an EU buyer
- Chapter 4 Customs law and procedure within the EU
- Chapter 5 Payment and risk management in international sales
- Chapter 6 Sales to the EU using an EU representative
- Chapter 7 Entering the EU market via franchising arrangements
- Chapter 8 Establishing a permanent presence in the EU
- Chapter 9 Resolving a dispute with an EU firm
- Index
- References
Summary
INTRODUCTION
Most international commercial disputes are able to be resolved by the parties themselves. This is by far the least expensive and most satisfactory outcome. However, for the very small percentage of disputes that cannot be resolved amicably, it is necessary to seek the intervention of a third party. The three options canvassed in this chapter are litigation, arbitration and mediation. Most standard international contracts of sale contain a clause that sets out which option the parties will use if the dispute cannot be resolved by negotiation and also, most importantly, the particular institution and place where any dispute resolution will take place. As noted in Chapter 2, those entering into international contracts are also advised to select the law that any dispute resolution body will use in resolving the dispute.
Litigation, arbitration and mediation each have their strengths and weaknesses as methods for resolving international disputes. Litigation is the most formal method, with strict rules of court procedure governing the conduct of disputes. However, because courts have the power to enforce their decisions, it is often seen as the best method for providing a final resolution of the matter. In addition, the parties can usually be confident of a well-reasoned decision and, if such is not the case, the option exists for appeal to a higher court. In most developed countries, the independence of the judiciary from the other arms of government and the business community promotes impartial decision making. On the other hand, litigation has many disadvantages.
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- Chapter
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- European Union Law for International BusinessAn Introduction, pp. 208 - 228Publisher: Cambridge University PressPrint publication year: 2009