In the modern society, on one hand, with the rapid development of world economy, international commercial transactions have gradually increased as well as international commercial disputes have also increased day by day and become more and more complicated;
Section introduces three kinds of international commercial disputes resolving mechanism respectively, that is, litigation mechanism, would-be litigation mechanism (arbitration) and Alternative Dispute Resolution (ADR).
They are only mentioned in the part of "the Introduction of the Association for the International United Private Law", the book "The international Commercial Affairs Contract General Rules of the International United Private Law Association".
The theory of contracting liability for negligence, tracing back to Roman Laws, was first elaborated systematically by Jhering, a German. It has been developed rapidly and adopted by the mainland law system, British and American law system and the Unified Law in international commercial affairs since 20th century.
The characteristics of the arbitration agreement for international commercial affairs determine that such an agreement cannot be applied with the rules appropriate to those general laws of agreement, but should instead have its conflict rules to guide the choice of evidential method.
It is already being during to ancient Greece in the 6th century B.C. Arbitration began to flourish in the field of international commerce and become the major avenue to international commercial dispute settlement from the 20th century.
As a consequence, traditional Islamic contractual structures are reformulated in the language of international commercial agreements and Sharī'a a based transactions are adjudicated in non-Islamic jurisdictions.
Evidence: The Practitioner in International Commercial Arbitration
International Law Association - London Conference (2000) Committee on International Commercial Arbitration "Keeping the Unruly H
Giuditta Cordero Moss, International Commercial Arbitration.
Creation of a Global Capital Market: Evolution of International Commercial Law in Cross-border Portfolio Investments