BẢNG THUẬT NGỮ giải quyết tranh chấp đa quốc gia

CHÀO MỪNG BẠN ĐẾN VỚI BẢNG THUẬT NGỮ VỀ GIẢI QUYẾT TRANH CHẤP ĐA QUỐC GIA

Trang web của chúng tôi trang bị cho bạn những công cụ thiết yếu để giải quyết vấn đề phức tạp về các tranh chấp xuyên biên giới. Cho dù bạn là chuyên gia pháp lý, chủ doanh nghiệp hay chỉ đơn giản là muốn mở rộng kiến thức, bảng thuật ngữ của chúng tôi được thiết kế để giải thích một cách ngắn gọn và chính xác nhất. 

TÌM KIẾM

A

Administrative costs refer to the expenses associated with the administration and management of the dispute resolution process. These costs are separate from the fees charged by arbitrators, mediators, or other dispute resolution professionals involved in the case.

Advocacy refers to the representation of a party’s case or position during the dispute resolution process. It involves the effective communication and presentation of arguments, evidence, and legal reasoning to support the party’s position and persuade the decision-maker, whether it is a judge, arbitrator, or mediator.

Adjudication is the process of resolving a dispute by an adjudicator who examines the evidence and issues a binding decision.

An appeal refers to the legal process by which a party seeks a review of a decision or judgment rendered by a lower court or arbitral tribunal. When a party is dissatisfied with the outcome, they may choose to file an appeal to a higher court or appellate body to have the decision reviewed and potentially overturned or modified. 

Arbitration is a method of dispute resolution where parties agree to submit their dispute to one or more impartial individuals for a binding decision. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.

An arbitrator is a neutral third party that oversees the alternative dispute resolution method of arbitration.

At the conclusion of the arbitration, the arbitrators render their decision in the form of an arbitral award. This award is final and binding on the parties. Enforcement of the award can be sought in accordance with relevant national and international laws.

Alternative Dispute Resolution (ADR) refers to methods of resolving disputes without a trial, such as mediation or arbitration.

 

An associate is a junior or senior attorney who works for a professional law firm, or is employed by another attorney. They are not considered partners or members of a law firm.

 

Asset tracing refers to the process of identifying and locating assets to enforce a judgment or resolve a dispute.

Attachment indicates the act of seizing or freezing assets to secure a claim in anticipation of a dispute or legal action.

Authentication is the process of verifying the validity and integrity of documents or evidence used in a cross-border dispute.

B

BIT refers to a treaty between two countries that establishes the terms and conditions for investments made by investors from one country in the other country, providing protections and mechanisms for dispute resolution.

Bankruptcy is a judicial process undertaken when a company is unable to repay its debts.  Depending on the numerous solutions and consequences the corporation seeks, bankruptcy proceedings are filed under several chapters of the bankruptcy code. 

 

Bankruptcy proceedings refer to legal proceedings initiated when an individual or entity is unable to repay debts, which can involve cross-border disputes when multiple jurisdictions are involved.

 

A benchmark is a milestone or a goal. Oftentimes, funding or compensation bonuses are tied to benchmarks.

Binding arbitration indicates a dispute resolution process where the parties agree to be bound by the decision of an arbitrator or arbitral tribunal, which is enforceable in cross-border disputes.

Breach of contract refers to failure to fulfill the terms and obligations agreed upon in a contract, which can lead to cross-border disputes if the contract involves parties from different jurisdictions.

A budget constraint refers to the financial limitations or restrictions that parties face in relation to the costs involved in resolving the dispute.

C

Choice of law indicates the selection of the governing law that will be applied to a cross-border dispute.

A claimant is a person who goes to court to make a legal complaint against someone else. The claimant commenced this action to recover damages that were sustained while working for the defendant.

Commercial arbitration refers to a method of resolving cross-border disputes through the use of an arbitrator or arbitral tribunal, as opposed to litigation in court.

Commercial transactions refer to the exchange of goods, services, or financial arrangements between parties from different jurisdictions. These transactions involve business activities conducted across international borders, often involving contracts, agreements, or commercial relationships.

Compliance audits cover the examination and evaluation of a company’s adherence to applicable laws, regulations, internal policies, and industry standards. These audits aim to assess the extent to which a company complies with legal and regulatory.

Confidentiality refers to the protection of sensitive information and maintaining privacy during cross-border dispute resolution proceedings.

Corporate compliance covers both internal policies and procedures, as well as federal and state laws. Enforcing compliance helps your company prevent and detect violations of rules, which protects your organization from fines and lawsuits.

Corporate governance refers to the system of rules, practices, and processes by which companies are directed, controlled, and operated. It encompasses the relationships between various stakeholders, such as shareholders, board members, management, employees, and other parties involved in the company. It establishes the framework for decision-making, accountability, transparency, and the protection of stakeholders’ rights and interests.

Concurrent jurisdiction is the authority of multiple courts from different jurisdictions to hear and decide on a cross-border dispute.

Conflict of laws refers to the legal rules used to determine which jurisdiction’s laws apply to a cross-border dispute.

Counsels provide legal advice, guidance, and representation to a party involved in the dispute. They act as an advocate for their client’s interests, offering strategic advice, conducting legal research, preparing legal documents, presenting arguments, and negotiating on behalf of the client. The counsel’s role is to protect and advance their client’s rights and positions throughout the dispute resolution process, whether it involves litigation, arbitration, mediation, or other alternative dispute resolution methods.

A counterclaim is a defendant’s claim against the plaintiff in response to the plaintiff’s first claim.

A cross-border dispute is one that involves parties from different countries or has international elements.

Cross-examination refers to the process where one party’s lawyer questions the opposing party’s witness during a trial or hearing. Through cross-examination, the examining lawyer aims to elicit favorable information, expose inconsistencies or contradictions in the witness’s statements, and undermine their credibility to support their client’s case.

A case management conference is a meeting between the parties and the court to discuss the procedural aspects and scheduling of a cross-border dispute.

Civil Law refers to a legal system based on codified laws and statutes, typically found in continental Europe and other jurisdictions, used to resolve cross-border disputes.

Choice of forum refers to the selection of the court or tribunal where a cross-border dispute will be heard and resolved.