MARK 493 Lecture Notes - Lecture 11: Forum Selection Clause, Alternative Dispute Resolution, United Nations Commission On International Trade Law
4 Apr 2018
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Document Summary
Litigation the process by which a plaintiff initiates a lawsuit to enforce a right in court against a defendant. Alternative dispute resolution an umbrella term for methods of resolving disputes other than litigation. Types of adr include: mediation, conciliation, arbitration. Ad hoc (informal, for purpose of a particular dispute) Examples of common institutional rules for arbitration: uncitral arbitration rules, icc. Arbitration vs litigation: binding decision, speed, costs. Courts won"t act as appeal and substitute their judgement for that of an arbitrator. Invalidity of arbitration agreement: denial of natural justice, arbitrator has exceeded his or her authority, award is against public policy. Quintette coal ltd vs nippon steel corp. (bc supreme court & bc court of appeal, 1991) Quintette: quintette wasn"t happy with the award and sought to attach the award in the courts on the basis that it decided matter beyond the scope of the submission. Decision: the court held that it was not.
