International Business Law

BY
NUR AFIQAH BINTI MOHD ISA
NOOR FATHIHAH BINTI MOHD JASRIB
NUR SUZANNA BINTI AZMI MURAD
 DEFINITION
 Any method of resolving disputes other than
by litigation

 Major form of ADR

 Arbitration
 Mediation

 Other ADR
 Conciliation
 Negotiation
 Process in which a neutral party the arbitrator
hears a dispute between one or more parties and
after considering all relevant information render a
final decision in favor of one parties
 Parties can choose who is to be their arbitrator
 Flexible
 Free to choose whoever they wish to be their case for
them
 Can be enforced over all other dispute resolution method

 Costly high
 Procedure and process used in process can be complex
 Generally not available
 Parties want privacy
 Do not share the same legal jurisdiction
 Nature of dispute is specialized
 One or both parties want swift resolution of
dispute
 DEFINITION
 A way of resolving disputes between two or more
parties with concrete effects

 ADVANTAGE
 Rapid settlements
 Mutually satisfactory outcomes
 High rate of compliance
 Comprehensive and customized agreement
 Greater degree of control and predictability of
outcome
 Preservation of an ongoing relationship or
termination of a relationship in a more amicable
way
 Workable and implementable decision
 Agreement that are better than simple
compromises or win/lose outcome
 Decisions that hold up over time
 DEFINITION
 A process through which two or more parties may
explore and reach a negotiated solution to their
conflict with the help of a third neutral and
disinterested party, the conciliator

 MAIN BENEFITS
 Ensure party autonomy
 Ensure the expertise of the decision maker
 Conciliation is time and cost efficient
 DEFINITION
 A dialogue between two or more people or
parties intended to reach an understanding,
resolve points of difference, to gain
advantage for an individual or collective, or
to craft outcomes to satisfy various interest
 Have more confidence and higher tendencies to
plan to use a cooperative strategy
 Increase the likelihood that parties will reach their
instrumental goals, and enhance the ability to find
integrative gain
 Better decision making process
 Post negotiation positive affect has beneficial
consequence as well
 Various negative emotion
 Negative emotions lead to acceptance of
settlement that are not in the positive utility
function but rather have a negative utility