The Role of Arbitration in Resolving Commercial Disputes: An Emerging Trend in Business Law

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Autor principal: Farzana Yesmin, et al
Formato: Recurso digital
Lenguaje:inglés
Publicado: Zenodo 2025
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author Farzana Yesmin, et al
author_facet Farzana Yesmin, et al
contents <p><span>In the evolving landscape of global commerce, arbitration has emerged as a pivotal mechanism for resolving commercial disputes. This paper investigates the comparative advantages of arbitration over litigation, emphasising its efficiency, confidentiality, cost-effectiveness, and enforceability. A comprehensive literature review supports the theoretical grounding in dispute resolution theory and institutional economics, while the methodology integrates qualitative analysis of statutes, arbitral case law, and institutional frameworks. The research further explores emerging trends such as online dispute resolution (ODR), third-party funding, diversity in arbitration panels, and the influence of artificial intelligence. The study concludes that arbitration is not only an alternative but increasingly a preferred method for dispute resolution in both domestic and international business contexts. However, challenges such as inconsistent procedural standards and enforcement disparities remain. Recommendations are proposed for strengthening the arbitration infrastructure and harmonising regulatory frameworks to enhance its global efficacy.</span></p>
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spellingShingle The Role of Arbitration in Resolving Commercial Disputes: An Emerging Trend in Business Law
Farzana Yesmin, et al
Arbitration, Commercial Disputes, Business Law, Litigation, ODR, Dispute Resolution Mechanism
<p><span>In the evolving landscape of global commerce, arbitration has emerged as a pivotal mechanism for resolving commercial disputes. This paper investigates the comparative advantages of arbitration over litigation, emphasising its efficiency, confidentiality, cost-effectiveness, and enforceability. A comprehensive literature review supports the theoretical grounding in dispute resolution theory and institutional economics, while the methodology integrates qualitative analysis of statutes, arbitral case law, and institutional frameworks. The research further explores emerging trends such as online dispute resolution (ODR), third-party funding, diversity in arbitration panels, and the influence of artificial intelligence. The study concludes that arbitration is not only an alternative but increasingly a preferred method for dispute resolution in both domestic and international business contexts. However, challenges such as inconsistent procedural standards and enforcement disparities remain. Recommendations are proposed for strengthening the arbitration infrastructure and harmonising regulatory frameworks to enhance its global efficacy.</span></p>
title The Role of Arbitration in Resolving Commercial Disputes: An Emerging Trend in Business Law
topic Arbitration, Commercial Disputes, Business Law, Litigation, ODR, Dispute Resolution Mechanism
url https://doi.org/10.5281/zenodo.16918724