BTX3110 Study Guide - Final Guide: United Nations Commission On International Trade Law, Scots Law, Whitworth Street

• School: Monash Caulfield
• Department: Business Law and Taxation
• Course: BTX3110
• Professor: Mr Mathew Thomas

Document Summary

Settlement between private parties (not state-to-state trade disputes) eg: wto. No choice of forum clause: potential dispute over where the dispute should be heard before the dispute itself can be resolved: forms of dispute resolution negotiation, conciliation, mediation. Conciliation and mediation use 3rd party to assist settlement of dispute non-(cid:271)i(cid:374)di(cid:374)g, (cid:374)ot (cid:858)fo(cid:396)(cid:373)all(cid:455)(cid:859) enforceable: consider litigation. How to enforce foreign judgements: consider arbitration. What is arbitration non-judicial method of dispute resolution. Enforcing an arbitration award/challenging the enforcement of an arbitration award. *forum non conveniens: a discretionary power that allows courts to dismiss a case where another court, or forum, is much better suited to hear the case. This dismissal does not prevent a plaintiff from re-filing his or her case in the more appropriate forum. *stay on proceedings: halting further legal process in a trial or other legal proceeding. Unless parties agree to alternative method after dispute occur. Disputing the commencement of proceedings in domestic court (au: litigation (the courts)