مكانة المصالحة في تسوية منازعات التجارة الدولية

Abstract EN

Economic activities characterize their flexibility and vitality, which requires the availability of certain conditions which are compatible.

Including the removal of all obstacles to the exercise of the activities concerned, whether commercial or industrial to ensure a climate of legal practice including facilitating trade for economic operators, procedures and mechanisms necessary for their market access.

Among these mechanisms, settlement of disputes is an essential stipulation when negotiating international agreements.

Add to this that the state justice can not keep pace with major developments in international trade, therefore it is necessary to find appropriate ways of settling disputes hence the term "alternative dispute resolution methods " that designate , in general , all the processes leading to an amicable solution of conflicts.

Alternative modes of alternative dispute as opposed to judicial means clustering, in order to obtain a more flexible solution most suited to the settlement of litigation.

The term refers to an ADR and amicable process which, often through a "third" neutral and independent, tends to agree with the parties and reach a solution to their dispute.

In turn, alternative methods are divided into two: mediation and conciliation.

Each method varies according to its interest for PartiesOur study will focus on reconciliation representing a capital interest for the settlement of international trade disputes , as such , the question to ask is : it is the importance of this mode of payment out of court , which would make it more essential than other modes like state justice or even arbitration ?.