ALTERNATIVE METHODS FOR THE RESOLUTION OF TRADE DISPUTES

Gabriel Mihai
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Gabriel Mihai: Associate Professor, PhD The Faculty of Law and Administrative Sciences Ovidius University of Constanta, Commercial arbitrator The Court of Commercial Arbitration of Constanta, ROMANIA.

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2012, vol. 50, 81-90

Abstract: The domain of alternative trade dispute resolution provides a wide field of mechanisms and procedures designed to facilitate the optimal dispute resolution in a creative and effective way, without the intervention of courts, by using a rich range of procedures. All extra-judicial means of resolving commercial disputes, from the pure and simple transaction to mediation, conciliation and arbitration, are based on the agreement of parties. Traders need to get rid of the statist mentality that only supports state intervention in resolving disputes and to embrace alternative ways of resolving these conflicts, which are more flexible, faster and cheaper and which must be taken in this context of new socio-economic conditions.

Keywords: commercial disputes; alternative resolution; reconciliation; mediation (search for similar items in EconPapers)
JEL-codes: K41 (search for similar items in EconPapers)
Date: 2012
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