International commercial arbitration Essay Example | Topics and Well Written Essays - 3500 words

International commercial arbitration - Essay fashion model(Murray, 2011)3. In other words, judicial proceeding means the filing of charge against another person and bringing the scale in the court of law. It is also sometimes called legal mathematical process. In litigation, it is quite often that the lawyers are hire by both the parties. However, the right of resolution rests with the court. However, litigation relates to the legal processes which usually involve civil cases. brutal proceedings are not covered under this term. In litigation, there are two parties entangled in the legal proceedings being conducted. One fellowship is called the complainant. Plaintiff is the party which brings the charge in the court of law. The other party is called defendant. It is the party against which the charge is taken in the court. This party defends the case and tries to chuck out the charge to be falsie and void. The plaintiff and defendant whitethorn be individuals, organization o r states which apply brought the suit of clothes before the court for resolution. (Business dictionary,)4. When the plaintiff brings a civil charge in the court of law, both the parties, that is plaintiff and defendant, are entered into the process of litigation. In courts governing civil procedures, the process of litigation consists of a number of self-opinionated steps. These steps lead to the trial conducted by the court and ultimately, the matter is resolved by the court. However, all the disputes are not taken to the courts at once. Initially, whenever a dispute arises, the parties may try to settle the case between them. This is due to the reason that litigation may involve a number of trial proceedings which may extend to a considerable length of time. It may also be costly and time consuming. Thus, it seems discontinue for the parties to resolve the matter without referring to a court. The case is settled if the person who is alleged to cause the injury fulfills the dem ands and requirements of the party who is suffered with the injury. However, if the requirements of the injured party are not fulfilled, that party may proceed to bring the lawsuit in the court of law. The litigation may be brought by serving to the defendant the copies of complaint and summons and therefore filing the objection and complaint in the civil court. The complaint being served to the court must chase away full facts regarding the injuries being caused and then requesting monetary damages or other relief being ingenuous and justified. (Harris, 1994)5 In the modern world, it is considered as an art of an active litigator to know the case all in all and act both proactively and reactively in order to produce logical arguments with the help of correct evidences. The use of automate techniques also helps the lawyers in winning the case. Litigation support has also been changed with the invention and development of Information technology. These technologies have helped law yers in handling large number of cases of their clients as day to day complexity of businesses has also increase the number of litigation claims in the courts. ARBITRATION In litigation, the case is taken to the court of law. But the process is time-consuming and expensive. Moreover, in many cases, both the parties do not reach upon a conclusion. However, they also do not prefer to refer to the court of law for the resolution of the case. For such a condition, an alternative for the litigation is introduced. It is known as arbitration. Thus, arbitration is defined as a technique which involves