Commercial dispute settlement: alternative dispute resolution and litigation in court

Ali Mohamed, Ashgar Ali and Eishan Jan, Mohammad Naqib and Ahmad, Muhamad Hassan (2025) Commercial dispute settlement: alternative dispute resolution and litigation in court. In: Business and Commercial law in Malaysia. LexisNexis Malaysia Sdn Bhd, Kuala Lumpur, pp. 867-892. ISBN 978-629-7669-88-5

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Abstract

Disputes or conflicts are common in any organisations either among staff, customers and suppliers, between and across organisational units, departments and even across international borders. The disputes can range from simple disputes to a more complex dispute such as commercial, joint-venture, construction, trade disputes and intellectual property, among others. Disputes may be resolved through the alternative dispute resolution mechanism such as negotiation, mediation and arbitration or through litigation in courts. Litigation of disputes in courts has been considered inordinate delay in the settlement due to the backlog of cases or unresolved cases pending in courts besides being a costly affair. The negotiation, mediation or conciliation and arbitration, collectively referred to as alternative dispute resolution processes, are relatively cost-effective besides its ability to bring about speedy resolution of disputes. Having said the above, this chapter discusses the settlement of commercial disputes with reference to the above two modes of dispute resolution processes.

Item Type:	Book Chapter
Uncontrolled Keywords:	COMMERCIAL DISPUTE SETTLEMENT
Subjects:	K Law > K Law (General) K Law > K1001 Commercial Law K Law > K600 Private Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Dr Ashgar Ali Ali Mohamed
Date Deposited:	14 May 2025 14:37
Last Modified:	14 May 2025 14:37
URI:	http://irep.iium.edu.my/id/eprint/120926

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