Essay about Arbitration is not an innovation

Essay about Arbitration is not an innovation

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A settlement of disputes is not easy process as it seems. Since the time of Ancient Greece and Roman Empire, people had different methods of solution for conflicts. The certain part of them was cruel, barbaric, and inhumane. For instance, George Neilson (1858 – 1923), who is legal historian, explains the origin, meaning, and process of judicial duel in his book. It was a method, in which two parties in dispute had to fight in a single combat. Subsequently, the winner of this fight is declared to be right. Going back to the methods, it can be inferred that there were not only coarse solutions, but also tactful, considerate, and diplomatic ways too. Likewise, the institution similar to court was taking part in these processes. As a rule, this kind of settlements required presence of a third neutral party, some negotiations, and making of concessions. The foregoing shows that human being can take advantage of various methods for settlement of conflicts.
Today, judicial processes are highly popular in all spheres, where human interacts with another individual. People have to choose the way and the type of court with regard to solution of problems. It should be mentioned that these procedures cost a lot. Moreover, they take away a lot of time from both the plaintiff and the defendant. The problem is that the legal systems of the whole world have a complicated structure with specialized organs, institutions, and units. For instance, the person was knocked down by a car, wherein there was no any violation of traffic rules by the victim. The injured wants to appeal to constitutional court, but he cannot because it is not their jurisprudence. In this case the victim should appeal to district court, or take advantage of another way to set...


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...rbitration Guide, http://www.lawschool.cornell.edu/library/WhatWeDo/ResearchGuides/International-Commercial-Arbitration.cfm
13. George Franklin Edmunds, International Arbitratian, pp. 321. http://ldb.auca.kg:2060/stable/983659
14. The Federal Judicial Center, International Commercial Arbitration: A Guide for U.S. Judges, pp. 1, http://www.fjc.gov/public/pdf.nsf/lookup/strongarbit.pdf/$file/strongarbit.pdf
15. First Options v. Kaplan, http://www.oyez.org/cases/1990-1999/1994/1994_94_560

16. Eurasianet.org, Kyrgyzstan: At Kumtor Mine, “No Light at the End of the Tunnel”, http://www.eurasianet.org/node/67765

17. Mining Journal, Publishing Date 17 Dec 2013 12:53pm GMT. http://www.mining-journal.com/production-and-markets/centerra-mulls-arbitration-in-kyrgyzstan-gold-dispute

18. Mine Web, http://www.mineweb.com/mineweb/content/en/mineweb-fast-news?oid=221909&sn=Detail

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