جستجوی مقالات مرتبط با کلیدواژه « Commercial Litigation » در نشریات گروه « علوم انسانی »

The hypothesis of de-infiltration of government, shows that if the host country has ratified a trade agreement with other countries, the government of those countries should be less likely to seriously interfere in commercial disputes and lawsuits. Therefore, the current research was considered with the aim of investigating the role of multilateral and regional agreements in de-infiltration of governments in commercial lawsuits from the perspective of diplomacy. Using the data of 86 disputes in Asian countries from 2021 to 2022, a logit model was explained and analyzed by estimating it. Netaich showed that the de-infiltration of governments in commercial lawsuits is more due to the issue of whether the political influence of governments in lawsuits is consistent with their strategic interests or not, instead of taking into account the extent of political influence of economic agents. Thus, they are typically encouraged to agree to arbitration in multilateral and regional agreements in exchange for less political influence in commercial disputes. While governments frequently intervene in developing world disputes, powerful governments rarely use threats, outright sanctions, and political influence in trade disputes. The lack of political influence of governments in the framework of multilateral and regional agreements has led to the institutionalization of the legal system to resolve commercial disputes, which results in less forced and aggressive diplomatic interventions. Finally, in the agreements, ambiguous standards due to multiple interpretations due to the malleability of language and the uncertain future should be considered as an important challenge.

Cryptocurrencies have the advantage of being able to facilitate exchanges more than any other means of pre-payment and overcome a wide range of barriers to financial and trade exchanges. However, in order to remove obstacles, it is necessary to maintain order and security so that every emerging phenomenon is subject to a system and legal framework, and as much as possible tries to avoid its possible abnormal effects while enjoying its benefits. Cryptocurrencies, because of their characteristics, can make a huge difference in the system of financial and commercial transactions, overcome many limitations, and at the same time face the existing financial and banking system with wide-ranging challenges. These challenges can occur not only in financial and business relationships, but also pose a threat to other aspects of human life. In such a situation, due to the formation of numerous lawsuits resulting from the transfer, sale or exchange of these currencies, it is necessary that the rules of procedure and regulations governing the design, filing and advancement of lawsuits and enforcement of court rulings, according to the requirements and The requirements for the ciphers should be considered and, if necessary, the existing regulations should be adapted and the necessary amendments should be made to the existing laws.

One of the requirements of the era in which we are living is the growing trend of trade and economic exchanges and the resulting contracts, in which trade disputes are inevitable. Commercial disputes are settled with the court or lead to a settlement. The complexity of the litigation and the importance of their speedy settlement justify the necessity of these trials. Thus, not only judges who are well versed in business traditions and expectations are involved in these trials, but they must also be in line with the requirements of the business community. There is peace and reconciliation, but the lawsuit has not only negative external consequences but also positive external consequences, including deterrence that companies need to exercise caution.