Settlement Methods of International Trade Disputes in the Pharmaceutical Industry: A Short Legal Empirical Research

Authors

  • Stefan Razvan Tataru Alexandru Ioan Cuza University of Iasi - Faculty of Law

DOI:

https://doi.org/10.18662/lumenlaw/06

Keywords:

dispute resolution, international arbitration, legal empirical study, pharmaceutical industry, international trade disputes, settlement methods,

Abstract

The complexity of international trade agreements with pharmaceuticals is evidenced by the dynamics of the multitude of mechanisms and factors involved in contractual relations. The goal of the present research is represented by the analysis of the contractual clauses regarding dispute settlement used by pharmaceutical companies in international trade operations. Our study aims to analyze into details the challenges of settling and managing disputes arising from such agreements and to determine through empirical legal research, which ones are the specific dispute resolution means of such commercial operations. In the first part of the study, our research will target the legal counsels of pharmaceutical companies in order to determine, through the questionnaire method, the preferred dispute resolution practice and the applicable law in the international trade agreements. In the final part of this study, we are going to analyze the contractual clauses that are part of the international trade agreements with pharmaceuticals, with the purpose of validating the questionnaire’s results.

References

Hong Kong International Arbitration Centre (2016). Annual Report 2016 Reflections, (retrieved from: http://www.hkiac.org/sites/default/files/annual_report/annual%20report%202016%20%28low%20resolution%29%20v2.pdf.)

International Chamber of Commerce (2016). Statistical Report. Retrieved from http://library.iccwbo.org/dr-statisticalreports.htm.)

London Court of International Arbitration (2016). Facts and Figures 2016 A Robust Caseload. Retrieved from: http://www.lcia.org//media/download.aspx?MediaId=570.)

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Published

2018-11-05

How to Cite

Tataru, S. R. (2018). Settlement Methods of International Trade Disputes in the Pharmaceutical Industry: A Short Legal Empirical Research. Logos Universality Mentality Education Novelty: Law, 6(1), 41-55. https://doi.org/10.18662/lumenlaw/06