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Alternative Methods For The Resolution Of Trade Disputes


  • Gabriel MIHAI

    (Associate Professor, PhD The Faculty of Law and Administrative Sciences Ovidius University of Constanta, Commercial arbitrator – The Court of Commercial Arbitration of Constanta, ROMANIA.)


The domain of alternative trade dispute resolution provides a wide field of mechanisms and procedures designed to facilitate the optimal dispute resolution in a creative and effective way, without the intervention of courts, by using a rich range of procedures. All extra-judicial means of resolving commercial disputes, from the pure and simple transaction to mediation, conciliation and arbitration, are based on the agreement of parties. Traders need to get rid of the statist mentality that only supports state intervention in resolving disputes and to embrace alternative ways of resolving these conflicts, which are more flexible, faster and cheaper and which must be taken in this context of new socio-economic conditions.

Suggested Citation

  • Gabriel MIHAI, 2012. "Alternative Methods For The Resolution Of Trade Disputes," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 50, pages 81-90, December.
  • Handle: RePEc:pmu:cjurid:v:50:y:2012:p:81-90

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    References listed on IDEAS

    1. Lucian Chiriac, 2011. "The Contest Among The Decisions Of The Romanian Constitutional Court And The Decisions Of The Romanian High Court Of Cassation And Justice In The Recourse In The Interest Of Law," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 45, pages 13-18, June.
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    More about this item


    commercial disputes; alternative resolution; reconciliation; mediation;

    JEL classification:

    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process


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