CRITICAL ANALYSIS ON THE LEGAL IMPACT OVER EXTENSIVE USE OF COMMERCIAL ARBITRATION IN UK, SINGAPORE AND NEW ZEALAND -- 2
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The following are the sub-topics
a. • Is there the need for major changes to the legal systems in Commonwealth countries of U.K, Singapore and New Zealand so as to allow more favourable use of standard litigations over ADR as mechanisms of dispute settlement?
b. • Is it true to suggest that the alternative choice of litigation and dispute settlement have lessened the need for systems of Courts?
c. • Why some matters could be not decided by choice of parties in the business and others are allowed as private matters? Are these double standards by the governments in the three jurisdictions?
d. • Discussion on arbitrations on specific sectors from the legal point of view. Such sectors shall be on primary trades of New Zealand, Singapore and UK. Discussion on the use of arbitrations in manufacturing, import/export, primary industries - farming and technology businesses. Comparative reasoning shall be provided between arbitration and standard litigation by courts.
e. • How far is the extent of the need for consensus between parties? How far applicable the law of contract and commerce are applied?
f. • Are there needs for a proper formation of contract for arbitration to proceed? Such formation requires the clause to expressly state or can the ADR choice be implied? Is there a need that the clause be formed clearly with arbitration as the selected choice?
g. • How has the influence of UNCITRAL Model Laws on each of the three jurisdictions? Discussion on ratification of UNCITRAL model laws into domestic laws of the three jurisdictions. Are Arbitration Acts of the three jurisdictions the codified rule for arbitration? How are common laws applied in arbitration?
h. • Discussion on the influence of other trade rules such as ICC, Geneva, LCIA, NAI, Swiss Rules. Why these are rules necessary or are the rules to suit the purpose of countries of origin of such rules?
i.• How far the extent, drafting of contract and the effect of commercial laws with 'applicable laws' be significant towards final arbitral decision for all the three jurisdictions?
j. • Is this an encouragement by government to reduce burden of expenditure by influencing the shift towards arbitration for dispute of private matters? Could this result in weakening of the legal system or is it a political ploy of the jurisdictions?
k. • Discussion and summing of the final outcome with analytical reasoning and critical arguments on the preference of arbitration or standard litigation.
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