Introduction to Commercial Law. Discuss the advantages and disadvantages of resolving a civil dispute through 1. Litigation 2. Arbitration 3. Mediation 4. Tribunal
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Introduction
1) The distinction between civil and criminal liability is fundamental to English law. Discuss the essential differences between civil and criminal law. Civil Law Civil law is concerned with the rights and duties of citizens in dealings with other citizens. The main intention is to protect individuals against one another specifying the rights and duties of individuals. Criminal Law Criminal offences are regarded as offences against society, dealing with something of public interest. The intention is to ensure that every citizen knows the boundaries of acceptable conduct. Differences as shown below: Civil Criminal The parties The private party (e.g., a corporation or individual person) whose rights have been affected. The individual who has been wronged will file the lawsuit and becomes the plaintiff to start the court action themselves. They will be referred to as the claimant and the person who they are suing will be referred to as the defendant. Usually the state. The police and Crown Prosecutors are hired by the government to put the criminal law into effect A breach of the criminal laws imposed by society will be seen as a wrong against society as a whole. ...read more.
Middle
An arbitrator may have or members of a tribunal may consist of those who have the necessary qualifications, technical expertise or even intrinsic knowledge to hear a case. There is an implied right of privacy in the arbitration process keeping matters private between the parties involved where firstly outsiders do not get access to any potentially sensitive information and secondly the parties to the arbitration do not run the risk of any damaging publicity arising out of reports of the proceedings. However, arbitration can be costly if the parties select a very eminent arbitrator and engage expensive lawyers or other professionals to assist their case or when there is a panel of arbitrators. Legal aid is generally not available for arbitration too. The procedure and process used in an arbitral process can be rather complex too. It is possible to appeal an arbitrator's decision, thou not so likely and often, particularly if the dispute relates to an important point of law. Since arbitration decisions are not public, there is a lack of access to precedents on previous arbitration decisions. An arbitrator may make an award based upon broad principles of "justice" and "equity" and not necessarily on rules of law or evidence. ...read more.
Conclusion
This would ensure that all findings and ruling are properly documented and made public. This approach is more commonly used by the government, statutory board or banks. For companies which are more specialized in a certain industry which requires special knowledge or expertise, ie. Biomedical, petrol-chemical etc, arbitration would be the approach most would use as it would be difficult and tedious to file the findings in court and translate it to a way where judges are able to understand and comprehend the technicalities terms. As most arbitration tribunals consist of professionals from different fields or industries thus it would be easier for companies to file the disputes by engaging the relevant arbitrator. Mediation is more commonly used when it is either a family or small company dispute. As this requires no judges or court, it is more cost effective and time saving. It also ensures the privacy and confidentiality for both parties as most do not wish to have it publicized especially for family disputes concerning divorces. Tribunal allows one party to file a claim against another party for monetary damages. This allows the claimant to be able to recover most of the compensation as he/she does not have to hire a lawyer or bear any court fees. Reference: Singapore Academy of Law www.singaporelaw.sg The Attorney-General's Chambers www.agc.gov.sg ...read more.
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