An essay on methods of resolution of disputes in international trade contracts

Advanced Lawyering Techniques LA 10 ECTS The purpose of this module is to impart techniques to improve the analytic, oral, and written presentation abilities of module attendees. The motivation behind this course is that a substantive subject areas have grown to the extent that comprehensive information grasp is impossible, and b cognitive and rhetorical skills training is not the focus of dedicated development in the undergraduate law curriculum, but is rather assumed to be osmotically absorbed. Most modules focus on the transfer and testing of knowledge of a substantive area, and many are taught in the traditional way of case-centric, narrative or historic of evolution of substantive law in reaction to developments.

An essay on methods of resolution of disputes in international trade contracts

Some recent issues include: In many areas of entertainment, such as the industry unions, arbitration clauses are typical components of contracts. But many people connected to the industry, including the American Bar Association, artists, and producers are starting to appreciate mediation, in contrast to traditional litigation or arbitration, as a more appealing approach for settling their disputes.

Alternative Dispute Resolution ADR in the entertainment industry has grown over the past 15 to 20 years, and for good reason — many types of ADR are particularly well suited for use in entertainment environments. There is, however, a growing interest in the use of mediation for settling disputes because it is particularly well suited and compatible with many aspects of entertainment business practices and its ethos.

Typical elements of the mediation process such as a focus on confidentiality, its speed and efficiency of implementation, and its ability to solve problems creatively at relatively low cost, while still maintaining relationships, make mediation very appealing.

The primary focus will be on film, television, and commercial theater and how mediation has been or could be used in situations specific to these disciplines. Many of the players involved are members of unions as well so their impact plays a significant role in the potential future uses of mediation.

The financial and cultural success of American films and other media has long relied on export to international markets. This reality will become more pronounced as the markets for American entertainment media become more sophisticated and globalized.

Examples abound of failed negotiations that led to lengthy and damaging strikes and personal or contractual disagreements that resulted in well publicized court cases.

However, given the breadth of issues and the variety of parties in the industry, such approaches are not always effective, affordable, or even feasible. The length of time it can take to schedule, research, and conduct a court case is a major factor in discouraging many parties from pursuing this route.

One alternative to litigation and strikes is arbitration. While most of the major industry unions have arbitration clauses in their contracts the process of arbitration can also be less than appealing in some situations.


Arbitration is quicker, more efficient, and provides both parties with the opportunity to set the guidelines for their negotiations, participate in the selection of the arbitrator, and provide evidence and witnesses. However, arbitration can still be viewed as an expensive, time consuming, and unpredictable process for resolving disputes.

Because the decision is legally binding and ultimately in the hands of the arbitrator, the disputants are limited in the amount of control they have over the process.

Given these facts, many in the industry are coming to see mediation as an appealing alternative to these other forms of dispute resolution. Only recently have lawyers, producers, performers, and other interested parties started to appreciate the value of mediation for resolving their disputes.

For one thing, the federal courts have compulsory mediation.

An essay on methods of resolution of disputes in international trade contracts

Additionally, the transient, short term nature of the work means there is the potential for working with the same people regularly.

Burning bridges is not only risky for a career, it can also lead to challenging legal or financial issues in the future.

Example of an Alternative Dispute Resolution Clause | Public private partnership

The confidentiality proscribed by the mediation process is another feature relevant to entertainment. The loss of confidentiality can have a profound impact on the financial success of an event or on the personal life and career of a performer.

Another appealing aspect of mediation includes the speed and efficiency of its application. Work in the entertainment world is often very short term — lasting months, weeks or sometimes mere days. From the business perspective, entertainment lawyer Robert Friedman favors use of mediation and other ADR tools for addressing issues of credit, such as who should be credited for a script.

As this is typically not an issue around money it lends itself to a more affordable process.Massively Parallel Peacebuilding. The second part of the Conflict Frontiers Seminar series explains a new, complexity-oriented strategy for limiting destructive conflict and addressing complex challenges such as those posed by the rise of Authoritarian Populism.

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constitutional decision-making with the resolution of disputes under statutory or common law. 4 Credits.

An examination of extrajudicial methods of dispute resolution, including negotiation, mediation, international treaties, federal and state statutes, .

The object of arbitration is to obtain a fair resolution of disputes by an impartial third party without unnecessary expense or delay. Parties should be free to agree how their disputes are resolved, subject only to such safeguards as are necessary in the public interest.

to provide simple procedures for the resolution of labour disputes through statutory to give effect to the public international law obligations of the Republic relating to labour Contracts of employment may not disregard or waive collective agreements or arbitration awards.

Arbitration Pros and Cons |