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Advantages of court over arbitration

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Advantages of court over arbitration

  • This topic has 1 reply, 2 voices, and was last updated 5 years ago by Vijay.
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  • August 28, 2020 at 6:19 am #582410
    Sourav9271
    Participant
    • Topics: 164
    • Replies: 117
    • ☆☆☆

    Sir,
    How is the principle of judicial precedent an advantage especially when all contract cases are entertained under civil law and civil law doesn’t follow judicial precedent

    August 28, 2020 at 9:05 pm #582564
    Vijay
    Member
    • Topics: 0
    • Replies: 257
    • ☆☆☆

    Hi Sourav,

    When comparing the Court route to Arbitration one can generally say that an advantage of going through Courts is the principle of Judicial Precedent ie that new cases are based on previous judgements albeit largely in the context of Criminal cases. It is common for UK civil courts to follow judicial precedence. Very simply this is not true of Arbitration in that the concept of Precedent simply does not apply.

    I think perhaps you are thinking of the Civil Law system in France where judges do not follow judicial precedence. Do not confuse this with other common law jurisdictions like in the UK.

    I hope this clarifies the position.

    Kind regards,

    Vijay

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