Question
In trade activities, it is not only about profits, losses and business strategies that must be faced by business actors, but also about the legal
"In trade activities, it is not only about profits, losses and business strategies that must be faced by business actors, but also about the legal aspects when a dispute occurs. If a trade dispute occurs, there are two ways to resolve the issue, namely dispute resolution with litigation or non-litigation. Litigation is the process of resolving disputes in court, while non-litigation is resolving disputes outside the court. Traders tend to choose non-litigation dispute settlement paths because of quick and efficient settlement process. In most situations, Arbitration is the choice of business actors to solve problems without going through a judicial institution because of its efficiency, accessibility and protection of the rights of the parties." [Arbitration Settlement in the ASEAN Economy Community, International Conference on Law Reform (INCLAR 2019)] Discuss the above statement in light of the following questions: a. Explain the differences between the conventional courts dispute settlement method and an alternative dispute settlement method using arbitration. (15 marks) b. In your opinion, which would be a preferred approach and why
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