Part of The Student Room Group

  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Introduction to Commercial Law. Discuss the advantages and disadvantages of resolving a civil dispute through 1. Litigation 2. Arbitration 3. Mediation 4. Tribunal

Extracts from this document...

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.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree Commercial Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

or


Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree Commercial Law essays

  1. Corporations in law. A corporation under Company law or corporate law is specifically ...

    Lipman then claimed that he could not complete the transaction with Mr Jones since he no longer owned the land, i.e. the company was now the lawful owner. The court lifted the veil of incorporation - ruling that the company was but a façade - and ordered Lipman to conclude the transaction with Mr Jones.

  2. Company law - directors duties

    Gale, S. (2007) Companies Act 2006: The new Law. 1st Edition. Bristol: Jordan Publishing Limited 10 Chuah, J. (2007) The new Companies Act 2006 and Directors' Duties. Finance and Credit Law.6(3) 11 Lee-v-Chou Wen Hsien [1984] 1 W.L.R 1202, Here it was held that a provision that a director was removable under the articles if requested in writing by

  1. Limited liability

    However, the difficulty in finding the exact point, when directors should have realized that the company would not escape insolvency and the liquidators' reluctance to bring claims due to high litigation costs restrict significantly the application of wrongful trading provision.

  2. The World Trade Organization and Its Critics

    The second criticism focuses primarily on the democratic and undemocratic nature of the World Trade Organization. The WTO rules are written by and for corporations with inside access to the negotiations. For example, the US Trade Representative gets heavy input for negotiations from 17 "Industry Sector Advisory Committees."

  1. Reform of the ultra vires rule.

    The 19th century judicial concept of a company's assets as a kind of trust fund dedicated to the pursuit of defined and limited objects which would, hopefully, generate fairly stable annual profits for the benefit of the shareholders who supplied the company's capital, never was realistic, simply because it placed

  2. Company law - case study on setting up a business.

    A company can choose from three options: to adopt Table A in full, adopt Table A with modifications or it can exclude Table A and write its own articles. Articles must be printed, set out in numbered paragraphs and signed by the subscribers to the memorandum.

  1. The commercial advantages of agreed remedies are so extensive that the courts should almost ...

    I will examine the circumstances when the court refuses to enforce an agreed remedy before analysing the justifications for deviation from enforcement. The court may not give effect to a liquidated damages clause which is held to be a penalty clause.

  2. Exclusionary principles

    229113  One may argue that English contract law should follow international treaties such as Principles of European Contract Law (10) or Unidriout Principles of International Commercial Contracts (11), in regards to admitting the evidence of pre contractual negotiations. Lord Hoffman has rejected this idea on the basis that the difference

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work