Nowadays, more and more conflicting parties choose countries outside their place of residence to resolve the dispute. It has never been easier for the parties to resolve the dispute using alternative methods or in an international court.
Each jurisdiction has its own established dispute resolution methods. Jurisdictions such as England, Wales, Switzerland, and the United States are among the most popular for conflict resolution, thanks to the developed legislative framework. But over the past decade, Singapore and Hong Kong have made efforts to enter the international dispute resolution market. The Dubai International Financial Center is also actively developing.
We will consider the most popular jurisdictions for dispute resolution in the modern world.
England and Wales
The judiciary in these jurisdictions is continuous and independent. Disclosure of evidence is mandatory, even if it could be detrimental to one's own business. Now a system is being developed aimed at improving the process of information disclosure. Judgments in a given jurisdiction are easily applicable in many jurisdictions. However, in connection with the UK’s withdrawal from the European Union, it is not yet clear how deeply this will affect the enforcement of court decisions in EU member states.
It should be noted that ADR methods in England are among the most developed. This is especially true of mediation. The mediator in England is not endowed with the power to make decisions. If any decisions are made by the parties to the dispute, then this can happen only in accordance with their will, any agreements are concluded only by mutual agreement.
If the mediator is not independent and impartial, takes sides in the dispute, and tries to somehow manipulate the participants, then such a mediator will be disqualified. If the mediator cannot remain impartial in relation to the situation under discussion, or there is reason to prejudice his impartiality or his perception by such parties (for example, a possible indirect conflict of interest), then he is obliged to inform the parties about these circumstances. Also, the mediator should not offer the parties his options for a possible settlement of the dispute and may refrain from this even if the parties asked him to, but he considers it premature and / or detrimental to the process of reaching agreements and their quality.
Singapore has a flexible litigation process over many jurisdictions. The court has the power to handle the disclosure of documents after the trial. For consideration of the case, 3 judges can be appointed immediately.
At the moment, the Singapore Convention on Mediation is being actively developed, the signing of which will greatly simplify the mediation process and ensure compliance with the agreements on the mediation of enterprises with their international partners. The mediation process is built on a horizontal principle, and not hierarchically, in contrast to the court. Together with the parties, their lawyers and other participants can participate in the procedure, if it is important or appropriate to achieve the goals for which the participants came to the mediation procedure. If the procedure involves not the parties themselves, but their representatives (which is undesirable), then their participation should be supported by appropriate powers. The mediation process is confidential. Under the law, a mediator cannot be summoned to court as a witness.
As in England, the judicial system in this jurisdiction is particularly impartial and independent. Permissible application of interim measures. Orders may be enforced in many international jurisdictions. Before going to court, it is possible to take advantage of the peaceful resolution of the dispute through mediation. Parties may contact a mediator even if a trial has already begun. The mediator in the context of international dispute resolution should have a number of characteristics, in particular, be sensitive to cultural differences, which are often between the parties to the conflict, and which are difficult to overcome.
The mediator should maintain attention for several hours of the procedure. In this case, with understanding to relate to what is happening and be able to distance oneself from one’s judgment, creating a space for equal dialogue between the parties to the conflict. For the mediator, the ability to not impose his own vision of the situation, to perceive different points of view, is important. The fact that one seems to be taken for granted is not at all so obvious to others, and the mediator should work in the context of cultural differences, assisting the parties in the formation of a common, mutually understandable language of interaction.
It is important to note that the reconciliation procedure does not apply to issues related to the performance of family and debt obligations.
Dubai International Financial Center is constantly striving to adopt the best practices in conflict resolution and therefore appoints international judges. Judicial decisions are enforceable in the UAE. There are a number of memoranda on the mutual enforcement of court decisions, so it is relatively easy to enforce the decision in the jurisdictions with which agreements are reached.
IQ Decision UK experts have only covered some jurisdictions in which the parties seek to resolve the dispute. Our competent and experienced team is ready to provide mediator services in the UK or any other jurisdiction upon your request. You can obtain detailed information exactly at your request by filling out the application form on our website.