Arbitraj Comercial International - Consultanta in Afaceri si Investitii

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PROXEMIS - Global Risc Management

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 The closing decades of the twentieth century saw international commercial arbitration gain worldwide acceptance as the normal means of resolving international commercial disputes.

    National laws on arbitration have been modernized on all continents. International treaties on arbitration have been signed or adhered to with impressive success.    Arbitration has become part of the curricula of large numbers of law schools. With the gradual removal of political and trade barriers and the rapid globalization of the world economy, new challenges have been created for arbitration institutions in response to the growing demand of parties for certainty and predictability, greater rapidity and flexibility as well as neutrality and efficacy in the resolution of international disputes.

   Since the International Court of Arbitration was established in 1923, ICC arbitration has been constantly nourished by the experience gathered by the ICC International Court of Arbitration in the course of administering more than thirteen thousand international arbitration cases, now involving each year parties and arbitrators from over 100 countries and from a diversity of legal, economic, cultural and linguistic backgrounds.

    The present ICC Rules of Arbitration came into effect on 1 January 1998. They are the result of an intensive, worldwide consultation process and constitute the first major revision of the Rules in more than 20 years. The changes made are designed to reduce delays and ambiguities and to fill certain gaps, taking into account the evolution of  the arbitration practice.

The Alternative Dispute Resolution is an out-of court instrument where the entities involve neutral parties (e.g. a conciliator, mediator, ombudsman, complaints board etc.), who help them to resolve disputes in the case of problems with products or services which they have bought. Online Dispute Resolution on the other hand will allow consumers and traders, who are located far from each other, to handle their disputes online, via an interactive, free of charge website, available in all official languages of the EU. The ADR and the ODR offer cheap and quick solutions, in the languages of the parties involved, as opposed to court proceedings, which are often expensive, time-consuming and burdensome. This will help consumers seek compensation and take full advantage of the Single Market.

The Committee on Internal Market and Consumer Protection voted recently on Reports concerning the Alternative Dispute Resolution (ADR) and the Online Dispute Resolution (ODR). ODR is an alternative dispute resolution process aided by online technology. This can help solve disputes especially for online purchases, where the consumer and the trader are often located far from each other.

 The aim of these instruments is to ensure impartial, transparent and effective means which can help consumers resolve disputes with trades in the case of both cross-border and domestic e-commerce transactions, without going to court. "Consumers and traders, especially the smaller ones, feel insecure when carrying out cross-border transactions online. They're missing out on the potential of the Single Market because they don't know where to turn to for help if they encounter a problem. ODR will give them confidence to buy and sell throughout the EU, thereby providing better choice for the consumer and a larger market for the trader", said the European Parliament's Rapporteur for the ODR, Róża Thun MEP.

"The Alternative Dispute Settlement (ADS) is a fast, affordable and effective way to solve problems. A European network of settlement points will be available for consumers which will boost confidence in the Single Market. European companies can also profit"!

Mircea Halaciuga, Esq., Presedint, Memeber of the International Bar Assoc.,Judges Chamber. 


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