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–26–
Unit 4. THE RESOLUTION
OF COMMERCIAL DISPUTES
1. FOCUS ON THE TEXT
••
••
• Pre-reading Tasks
1. Why do disputes frequently arise in business?
2. What claims are made by Buyers (Sellers)?
3. Check the meaning and pronunciation of the following words
in your dictionary:
controversy (n) award (n, v)
hostile (adj) remuneration (n)
superiority (n) contribute (v)
••
••
• Text
COMMERCIAL ARBITRATION
1. LITIGATION AND ARBITRATION
A great many commercial disputes are resolved, not by litiga-
tion, but by arbitration. The relative merits of the methods of deter-
mining disputes are a perennial topic of discussion and controversy.
Lawyers tend to prefer litigation, businessmen — arbitration. Choice
of the latter predominates in international contracts, but is by no
means universal. Neither system has any innate superiority over the
other. Much depends on the nature of the dispute and the objectives of
the parties. These may not be the same at the time of the dispute as
they were at the date of the contract. In particular, the attitude of
a plaintiff may be very different from that of a defendant.
That arbitration possesses certain advantages for the commercial
man is undeniable. The parties can select an arbitrator or arbitrators in
whom they have confidence (or can have the appointment made for
them by a person or body — whose judgement they respect) and who
can be expected to be familiar with the kind of business in which the
dispute arises. The proceedings are less formal and more flexible than
litigation, the parties have greater control over them, the venue can be
fixed by agreement with the arbitrator and, (a matter of considerable
importance) the hearing is private. Arbitration may also be cheaper and
speedier than litigation, but this by no means necessarily follows.
The court fees in an action are nominal, whereas in an arbitra-
tion the parties are responsible for the arbitrator's remuneration
Unit 4. THE RESOLUTION
OF COMMERCIAL DISPUTES
1. FOCUS ON THE TEXT
• Pre-reading Tasks
1. Why do disputes frequently arise in business?
2. What claims are made by Buyers (Sellers)?
3. Check the meaning and pronunciation of the following words
in your dictionary:
controversy (n) award (n, v)
hostile (adj) remuneration (n)
superiority (n) contribute (v)
• Text
COMMERCIAL ARBITRATION
1. LITIGATION AND ARBITRATION
A great many commercial disputes are resolved, not by litiga-
tion, but by arbitration. The relative merits of the methods of deter-
mining disputes are a perennial topic of discussion and controversy.
Lawyers tend to prefer litigation, businessmen — arbitration. Choice
of the latter predominates in international contracts, but is by no
means universal. Neither system has any innate superiority over the
other. Much depends on the nature of the dispute and the objectives of
the parties. These may not be the same at the time of the dispute as
they were at the date of the contract. In particular, the attitude of
a plaintiff may be very different from that of a defendant.
That arbitration possesses certain advantages for the commercial
man is undeniable. The parties can select an arbitrator or arbitrators in
whom they have confidence (or can have the appointment made for
them by a person or body — whose judgement they respect) and who
can be expected to be familiar with the kind of business in which the
dispute arises. The proceedings are less formal and more flexible than
litigation, the parties have greater control over them, the venue can be
fixed by agreement with the arbitrator and, (a matter of considerable
importance) the hearing is private. Arbitration may also be cheaper and
speedier than litigation, but this by no means necessarily follows.
The court fees in an action are nominal, whereas in an arbitra-
tion the parties are responsible for the arbitrator's remuneration
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