The Legal Conflict In The Resolution of International Trade Disputes: A Comparison of Arbitration and Courts

International trade disputes often involve parties from different countries with different legal systems, resulting in legal conflicts in their resolution. This article aims to analyze the comparison between two commonly used dispute resolution mechanisms, namely arbitration and court. Through a normative juridical approach and comparative analysis, this study examines the advantages and disadvantages of both methods in the context of international law. Arbitration is often chosen because it is more flexible, confidential, and allows the parties to choose a competent arbitrator. In contrast, dispute resolution through the courts tends to be more formal, with clearer enforcement power but often takes longer and is less flexible. The results of this study show that arbitration is superior in terms of time efficiency and privacy, while courts are stronger in terms of law enforcement in various jurisdictions. The study concludes that the choice between arbitration and the court depends largely on the nature of the dispute at hand, the preferences of the parties, as well as the prevailing jurisdiction.

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Journal
Devotion Journal of Research and Community Service
Published
2024-12-20
DOI
https://doi.org/10.59188/devotion.v5i12.25391
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
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article

The Legal Conflict In The Resolution of International Trade Disputes: A Comparison of Arbitration and Courts

Deni Yusup Permana, Fajar Syahputra, Erin Neviyana, Muh. Nur Syafaat et al.
Devotion Journal of Research and Community Service
International Arbitration and Investment Law
article

The Legal Conflict In The Resolution of International Trade Disputes: A Comparison of Arbitration and Courts

Deni Yusup Permana, Fajar Syahputra, Erin Neviyana, Muh. Nur Syafaat, Diky Dikrurrahman
article en

Abstract

International trade disputes often involve parties from different countries with different legal systems, resulting in legal conflicts in their resolution. This article aims to analyze the comparison between two commonly used dispute resolution mechanisms, namely arbitration and court. Through a normative juridical approach and comparative analysis, this study examines the advantages and disadvantages of both methods in the context of international law. Arbitration is often chosen because it is more flexible, confidential, and allows the parties to choose a competent arbitrator. In contrast, dispute resolution through the courts tends to be more formal, with clearer enforcement power but often takes longer and is less flexible. The results of this study show that arbitration is superior in terms of time efficiency and privacy, while courts are stronger in terms of law enforcement in various jurisdictions. The study concludes that the choice between arbitration and the court depends largely on the nature of the dispute at hand, the preferences of the parties, as well as the prevailing jurisdiction.

Devotion Journal of Research and Community ServiceVol. 5(12)
Universitas Swadaya Gunung Jati (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 59%
International Arbitration and Investment Law
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The Legal Conflict In The Resolution of International Trade Disputes: A Comparison of Arbitration and Courts — Deni Yusup Permana, Fajar Syahputra, et al. · Devotion Journal of Research and Community Service (2024) | TGRS Research Map | TGRS