Tuesday, December 30, 2008


LAW


Alternative dispute resolutionAlternative dispute resolution or ADR is a name for several processes and techniques which, while believed by some to be outside the traditional mainstream of state have gained acceptance among both the general public and the In this terminology the processes were initially termed "alternative" by twentieth century legal typologists because they were seen as extra-legal supplements to state-sponsored dispute resolution. With the continuing increase in caseload placing great strain on traditional courts, many judges have come to see dispute resolution as an acceptable means of decreasing caseload in traditional courts, while settling disputes in a fair and equitable way. While some would not agree that all alternative methods are always fair and equitable, such methods are much less expensive than a traditional lawsuit.
Arbitration was actually one of the earliest forms of dispute resolution. It was practiced by the jurisconsults of the by at least a thousand years. Many people have played the role of mediator, conciliator or arbitrator in many jurisdictions at many times. The priests of are well known for their dispute resolution role which occasionally resulted in the losing party being forced to become a . The King of France refused permission to practice in so Catholic priests and were used by the local populace as dispute resolution resources.


Private international lawPrivate international law refers to provisions of national regarding and lawsuits involving foreign laws or jurisdictions. It is mainly concerned with determining whether the proposed forum is appropriate for dealing with the dispute, and with determining which jurisdiction's domestic law to applies to the dispute. In the United States private international law is almost invariably called conflict of laws as each state jurisdiction is considered a separate state under American law and calling it international law would definitely be confusing.
Courts faced with a choice of law issue generally have two choices: (1) A court can apply the law of the forum (lex fori)-- which is usually the result when the question of what law to apply is procedural or deals with real property; or (2) the law of the site of the transaction, or occurrence that gave rise to the litigation (lex loci)-- this is usually the controlling law selected when the matter is substantive.
Many contracts include a choice of law clause that determines what law should apply and even a clause which determines the venue of any such dispute. When the court must consider the foreign law it must be proved by foreign law experts and cannot merely be pleaded as the court has no expertise in the laws of foreign countries or how they might be applied in a foreign court. Such foreign law is technically considered to be rather than law, for the purposes of the determination of venue.
The on Private International Law is a treaty which governs many of these principles. The deliberations of the convention have recently been the subject of controversy over the extent of cross-border jurisdiction on issues.

No comments:

Post a Comment