An arbitration agreement is an agreement between the parties to submit to arbitration all or part of the disputes that have arisen or may arise between them in connection with a defined contractual or non-contractual legal relationship. An arbitration agreement may take the form of an arbitration clause in a contract or a separate agreement. The Constitution of the United States was drafted with the separation of powers in mind. Therefore, the President (responsible for the executive branch of the Constitution) cannot be a member of Congress (the legislative branch). However, the US also has a complicated system of “checks and balances” to tie “powers” together and make them accountable to each other – so that one tyrant is not replaced by just three. For example, although the U.S. Supreme Court (the highest court) can strike down laws of the U.S. Congress, members of that court are chosen by the president, subject to the approval of the Supreme (upper) house of Congress, known as the Senate. Suppose Constance in country A wants to buy goods from Dimitri in country B.
The legal system must function effectively in the settlement of disputes. Efficient operation leads to equitable results. For the legal system to function effectively, three elements must be present: Democracy is a political system in which the citizens of a country elect the government that governs them. There are three main “types” of legal systems that work in the world: On the other hand, a country may be governed by an elected body (political system: democracy), and individuals may be freer to manage their own lives, as they are always subject to a comprehensive law promulgated by the elected government. Wong`s desire to appeal if he`s not happy with the decision suggests a court case might be his best option. However, this must be weighed against the benefits of arbitration, which would allow for a quicker decision and would be heard before an expert in the “rather obscure” field of commercial law to which he refers. Awards can only be challenged in very limited circumstances, and while it may benefit from the results of previous arbitrations, arbitration might still be the best option in this case. This is probably the best option for Valerie, and if Wong wants to maintain a good future relationship with Valerie, that would be another reason to prefer arbitration. Recent changes and recommendations for changes in the legal system to improve its effective functioning WEEK 1 – READING, Introduction to the Legal System.pdf The disadvantages are that the decision to go to court can be costly and time-consuming. The costs of legal representation combined with court fees can have a deterrent effect on this path, especially if the case can be heard by the courts of appeal.
Valerie and Wong have a dispute over a contract for the international sale of goods. The settlement of disputes is not provided for in the contract. Both want a quick solution to the issue, which concerns a rather vague part of commercial law. However, Wong believes some of the recent disputes have been unfairly settled against him and would like to be able to appeal the decision if he disagrees. Advise Wong. The WTO is an organization that sets the rules of the international trading system. It was created in 1995 from the former General Agreement on Tariffs and Trade (GATT), which had existed since 1948. The WTO provides guidelines for trade in goods, services, inventions, creations and intellectual property. It has 149 members, representing more than 97% of world trade. Sanjay and Thomas have a dispute over a contract for the international sale of goods.
There is no clause in their contract that relates to how disputes are to be resolved. The present case concerns a dispute concerning the quality of the goods supplied by Thomas. Thomas would prefer that this alleged quality defect not be made public, as this could harm his relationships with other customers. Thomas and Sanjay are eager to resolve this issue quickly and amicably, as Thomas has always been Sanjay`s preferred supplier and he currently has a number of pending orders with him. Finally, if this situation were dealt with in the courts of each nation, country A (where Constance is located) would say that there is no contract, so Constance does not have to accept or pay for the goods. Country B would say there was a contract, and Constance has to accept and pay for the goods. But Konstanz is not in country B, so the sentence against her cannot be enforced, and Dimitri loses. The process of adopting parliamentary laws is very long and cumbersome. It would not be possible to regulate every legal aspect by an act of Parliament or to consider every detail of every relevant section. In order to facilitate the legislative process and save Parliament`s time, Parliament may entrust another institution with the task of adopting secondary legislation.
This type is usually referred to as delegated or secondary law. This means that legislation is made in the name of Parliament. A country`s political economy refers to its political, economic, and legal systems. Many countries around the world have constitutions that establish the fundamental rights of their citizens. For example, the United States has a written constitution. Some common law countries have developed a system for the judiciary to decide whether a particular law is constitutional. These systems are interdependent and interact and influence each other. A country`s political and economic system is influenced by its legal system and has an impact on the practice of international trade. Give two examples of countries with civil justice systems. In a civil justice system, judges are required to interpret the law. In a civil justice system, judges are required not to interpret the law, but simply to apply it.
If interpretation is necessary, judges should try to implement the social objective underlying the law and try to apply the intent in the present era. The courts are where disputes have always been settled. The ICC is an organization founded by business leaders from various countries that aims to “serve the global economy by promoting trade and investment, open markets for goods and services, and the free flow of capital.” Conflict of laws and international law Qiyas is a method of interpreting how to apply the law to a question by comparing that question to an issue on which the Qur`an is clear. For example, a comparison between the effects of alcohol consumption and illicit drug use leads to the conclusion that the use of illicit drugs is prohibited by the Qur`an because the use of alcohol is prohibited. (Please note that medication intake is not affected.) The system chosen by judges to track decisions in previous cases is called the precedent doctrine. This problem can be illustrated if you think about HSBC advertising playing on TV or when you arrive at London`s Heathrow Airport. The purpose of this advertisement is that the same thing (for example, the color red) can mean very different things in two different countries: for example, in Britain, red means danger, in China it means luck. A similar situation may exist with the law. In country A, negotiations on a contract can be part of the contract, in country B, only agreed and signed terms can be included. In country B, however, Dimitri is used to less formalities regarding contracts. He understands that once the parties have agreed on the terms, the terms are binding.
As soon as negotiations with Constance are completed, he manufactures the goods and sends them to her. 3 International trade, international law and conflict of laws UNCITRAL is the legal body of the United Nations that has broadly harmonized and unified international law. It consists of 61 States elected by the United Nations General Assembly and has promulgated various laws and model conventions, including those mentioned above, that are covered by this programme. Disputes must be resolved in a timely manner to ensure social cohesion and confidence in the legal system. If disputes are not resolved within a reasonable period of time, they can escalate in the community. However, there must be a balance between a reasonable period of time to prepare for an effective procedure and the early resolution of the dispute. The main advantage of litigation is that it can provide a useful legal solution. There are two judicial systems in the United Kingdom. The criminal justice system deals with crimes against the state and the civil system deals with disputes between citizens. Both systems have a court structure, so the case is heard by a court of first instance, but if one party disagrees with the outcome, the case can be referred to a court of appeal. A conflict of laws occurs when parties from different jurisdictions interact and trade with each other and their respective legal provisions conflict.
To compare and contrast the interpretation of the law in the common law and civil law systems. Constance finds an alternative supplier who is willing to make him a better offer than Dimitri before signing his contract with Dimitri and decides to work with the alternative supplier instead. Then she receives goods from Dimitri. She is surprised, because she does not believe she has a contract with Dimitri. However, he expects her to accept and pay for the goods. A country could be ruled by a dictator (political system: dictatorship) and individual freedom could be heavily regulated. A court of first instance is the court before which a dispute or case is primarily heard. If the judgement is challenged in the case in which it was heard before a court of first instance, it will be referred to a court of appeal.