Creating Legal Certainty for Victims

Disputes in import-export businesses pose substantial challenges to the dynamics of global trade. This study examines the critical factors influencing dispute resolution methods, focusing on a comparative analysis of litigation and arbitration in the context of international trade. Employing a normative legal research methodology with a comparative approach, the study evaluates the strengths and weaknesses of each method. Key factors considered include the complexity of disputes, monetary value, confidentiality needs, the dynamics of the parties involved, and the potential impact on business relationships. The findings indicate that arbitration often provides a more flexible, efficient, and relationship-preserving solution than traditional litigation, though the optimal approach depends on the specific characteristics of each case. This study offers strategic insights for businesses navigating international trade disputes, underscoring the importance of adopting a tailored and measurable dispute resolution strategy.

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Publication Details

Journal
JIHK
Published
2025-01-09
DOI
https://doi.org/10.46924/jihk.v6i2.243
Primary Topic
Embodied and Extended Cognition
Type
article
Field-Weighted Citation Impact
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article

Creating Legal Certainty for Victims

JIHK
Embodied and Extended Cognition
article

Creating Legal Certainty for Victims

article en

Abstract

Disputes in import-export businesses pose substantial challenges to the dynamics of global trade. This study examines the critical factors influencing dispute resolution methods, focusing on a comparative analysis of litigation and arbitration in the context of international trade. Employing a normative legal research methodology with a comparative approach, the study evaluates the strengths and weaknesses of each method. Key factors considered include the complexity of disputes, monetary value, confidentiality needs, the dynamics of the parties involved, and the potential impact on business relationships. The findings indicate that arbitration often provides a more flexible, efficient, and relationship-preserving solution than traditional litigation, though the optimal approach depends on the specific characteristics of each case. This study offers strategic insights for businesses navigating international trade disputes, underscoring the importance of adopting a tailored and measurable dispute resolution strategy.

JIHKVol. 6(2)
Al-Azhar University (ID)
Openalex Percentile: Top 45%
Embodied and Extended Cognition
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Creating Legal Certainty for Victims · JIHK (2025) | TGRS Research Map | TGRS