PROC 124 Lecture Notes - Lecture 11: International Arbitration, Cable & Wireless Plc, Small Claims Court
24 Jan 2018
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Document Summary
Potentially, courts of qc and fr might have jurisdiction over disputes b/w my company and the french one. 12 nccp says that the parties must use alternative dispute resolution mechanisms before requesting intervention of the court in certain matters. The agreement doesn"t hold anyone if one party fails to perform the settlement, that can give raise to litigation. In arbitration (or in case of judgement rendered by the court subsequent to a forum selection clause), the judgment will be final (no more opportunity for litigation on the same matter). Iudicium = to seek/give the law: mediator = just a tool; a medium b/w the parties. Example 2: arbitration clause: german co. buys a generator from hydro qc, parties have agreed to resolve their disputes re: to k in a final manner under the rules of arbitration from the int. Chamber of commerce (icc) by 1 or more arbitrators.
