Alternative means to resolve the conflict and its impact on international trade

Ali Kadem, Hasan

	Alternative means to resolve the conflict and its impact on international trade
Risalat al-huquq Journal
Article 1, Volume 5, Issue 0, 2013, Pages 90-116 PDF (0 K)
Author
hasan ali kadem
Abstract
Remains the question of the settlement of disputes arising from international trade contracts generally , of the most important research topics which raised the controversial Unlike in the range of studies jurisprudence and judicial and legislative related , because of the evolution and diversity of the two major struck the patterns of these contracts, which led to the disclosure of the fact that over the inability of national legislation to keep up with this development is the development of rules and texts dealt with , as well as the development of means of communication and transport , which led to the development of international trade and prosperity of the economic life , Vzdadt important commercial cities , industrial and free zones and numerous international trade fairs , which is in high demand with traders from all over the world in order to conclude several contracts , Moreover lies the importance of this study raises technical and legal problems precision and complexity, and the lack of legal and economic balance of the parties , and the multiplicity of traditional and modern approaches , which tried to address them. This is the part of the other hand, lies the importance of research on the subject of dispute settlement in the context of international trade contracts by alternative means or the so-called friendly , because he knew Iraq of economic openness and encouragement of foreign investment , especially when he is witnessing many variables turned all scales and at all levels and the concomitant from destruction in 2003 , it was necessary to begin the process of a comprehensive reconstruction both in the field of economic, social or political , and that should make legal reforms or legislation that fit with the new situation in Iraq , especially how to deal with companies that will come to invest in it . All of this will generate intensity in international trade , which makes economic operators properties of them specifically Abermn various types of international contracts , which were until recently the preserve of the state or public institutions . The knowledge of good and exposing the art trade is not enough to profit from the transactions concluded unless the trader improves economic negotiation and drafting of contracts and how good understanding of the requirements contained before signing. Given the occupied alternative means to resolve conflicts of prominence in the legal thought and economic on a global level , and what the world has witnessed half a century ago and increases the movement of jurisprudence and legislative regulation of alternative means , and what it represents in the present reaction influential in terms of litigation it was natural for States hard to find an appropriate framework to ensure these means codified then applied to be so effective tool to achieve justice and to install and maintain the rights. So we will try to shed light on the subject by dividing it into two sections , the first to see the concept of alternative means of resolving the dispute , while the second part, we will see the role of alternative means of resolving the dispute , in accordance with the descriptive and analytical approach .
Keywords
Alternative means; to resolve the dispute

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