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ADR Clauses in commercial contracts and the need for a comprehensive legal framework

(2019)
Author
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(UGent)
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Abstract
Many support the need for a framework regulating alternative dispute resolution (ADR) agreements and their enforcement. However, the regulation of dispute resolution is complex as it takes place at every level in both formal and informal ways. This complexity increases at the multi-national level, as issues become more complicated once various systems with differing approaches are involved. This PhD explores the potential content of a framework for ADR agreements, utilizing mixed approach involving functional comparative law and empirical research. In order to uncover the essential elements of a comprehensive framework for the ADR agreement, this work concludes on the following issues: (a) when an ADR agreement is enforceable; (b) whether it is necessary to enforce ADR agreements; (c) what the preferred remedy is to the breaches of ADR agreements; and (d) what the common trends regarding the parties’ rights and obligations are under ADR agreements.

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Citation

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MLA
Salehijam, Maryam. ADR Clauses in Commercial Contracts and the Need for a Comprehensive Legal Framework. Ghent University. Faculty of Law and Criminology, 2019.
APA
Salehijam, M. (2019). ADR Clauses in commercial contracts and the need for a comprehensive legal framework. Ghent University. Faculty of Law and Criminology, Ghent, Belgium.
Chicago author-date
Salehijam, Maryam. 2019. “ADR Clauses in Commercial Contracts and the Need for a Comprehensive Legal Framework.” Ghent, Belgium: Ghent University. Faculty of Law and Criminology.
Chicago author-date (all authors)
Salehijam, Maryam. 2019. “ADR Clauses in Commercial Contracts and the Need for a Comprehensive Legal Framework.” Ghent, Belgium: Ghent University. Faculty of Law and Criminology.
Vancouver
1.
Salehijam M. ADR Clauses in commercial contracts and the need for a comprehensive legal framework. [Ghent, Belgium]: Ghent University. Faculty of Law and Criminology; 2019.
IEEE
[1]
M. Salehijam, “ADR Clauses in commercial contracts and the need for a comprehensive legal framework,” Ghent University. Faculty of Law and Criminology, Ghent, Belgium, 2019.
@phdthesis{8630558,
  abstract     = {{Many support the need for a framework regulating alternative dispute resolution (ADR) agreements and their enforcement. However, the regulation of dispute resolution is complex as it takes place at every level in both formal and informal ways. This complexity increases at the multi-national level, as issues become more complicated once various systems with differing approaches are involved. This PhD explores the potential content of a framework for ADR agreements, utilizing mixed approach involving functional comparative law and empirical research. In order to uncover the essential elements of a comprehensive framework for the ADR agreement, this work concludes on the following issues: (a) when an ADR agreement is enforceable; (b) whether it is necessary to enforce ADR agreements; (c) what the preferred remedy is to the breaches of ADR agreements; and (d) what the common trends regarding the parties’ rights and obligations are under ADR agreements.}},
  author       = {{Salehijam, Maryam}},
  language     = {{eng}},
  pages        = {{272}},
  publisher    = {{Ghent University. Faculty of Law and Criminology}},
  school       = {{Ghent University}},
  title        = {{ADR Clauses in commercial contracts and the need for a comprehensive legal framework}},
  year         = {{2019}},
}