Commercial laws: 5. COMMERCIAL ARBITRATION/MEDIATION

Commercial laws: 5. COMMERCIAL ARBITRATION/MEDIATION


November 11, 2022


Arbitration is an alternative dispute resolution tool that aims to resolve business disputes outside the court in a fair, prompt and efficient way. Arbitration is flexible, meaning that the parties are free to determine the places where the dispute shall be heard, the number of arbitrators, the language of the proceedings, and the law applicable to the dispute. One important aspect of arbitration is the confidentiality of the proceedings and the awards made. While court hearings are public, arbitration is private; thus, the parties may litigate their dispute without publicly disclosing sensitive business information.


The parties may choose arbitration at the outset by including an arbitration provision in their contract. If a contract contains an arbitration provision, a court will decline to assert jurisdiction over any subsequent dispute. Alternatively, even if a commercial contract does not contain an arbitration clause, the parties may agree on arbitration after a dispute arises. The arbitrators will issue a written decision within a short time after hearing the evidence, the decision of the arbitrators is binding and may be enforced in the afghan courts.





Related Contents

Commercial laws: 1. COMMERCIAL CONTRACT

Commercial laws: 2.BUSIUNESS FORMATION

Commercial laws: 3. INTELECTUAL PROPERTY

Commercial laws: 4. INSOLVENCY

Commercial laws: 5. COMMERCIAL ARBITRATION/MEDIATION

Commercial laws: 6. PUBLIC PARTNERSHIP AND PUBLIC PROCURMENT

Commercial laws: 7. CONSUMER PROTECTION LAW

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