CLIR: Commercial Dispute Resolution
Commercial Dispute Resolution
Facilitation of foreign investment and trade, as well as domestic economic development, requires public confidence that disputes which inevitably arise from conducting business can be settled fairly and efficiently without exorbitant expense or delay. In many countries, business people rely on courts to ensure that business obligations will be enforced and contractual breaches will be redressed. The very ability of courts to enforce the law encourages good faith business dealings and discourages breach in the first place.
However, poorly functioning judiciaries – that is, courts that are inaccessible, slow, inconsistent, influenced by politics, unduly formalistic, or corrupt – are commonplace in most fragile states and many transitioning countries. The CLIR Commercial Dispute Resolution section analyzes the process through which courts or other tribunals and services (such as Alternative Dispute Resolution mechanisms) resolve commercial disputes.
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