Cross-Border Mediation and Small and Medium Enterprises

Journal Title: Białostockie Studia Prawnicze - Year 2017, Vol 0, Issue 22

Abstract

Th e European Union created a common market with free movement of persons, goods, services and capital, which has resulted in the “Europeanisation” of many civil relations, including trade, contracts and family issues. In recent years, at least 30% of companies within the European Union were involved in cross-border civil and commercial activities. Such commerce is not limited to big multinational companies but also engages small and medium size enterprises, which form the core of the economy. Nevertheless, a lot of companies still refrain from cross-border relations because each commercial activity inevitably carries at least a minimum risk of legal confl ict and, consequently, involvement in a cross-border judicial process. Cross-border judicial processes can bring inconveniences, beginning from the language of the process and fi nalizing with the foreign regulation of civil procedure and possible application of foreign substantial law. For some small and medium size enterprises this can mean a signifi cant loss and in some instances it can ruin the business. Th is article presents mediation as an alternative to the judicial process and considers the advantages and defi ciencies that still prevent it from becoming a totally eff ective tool.

Authors and Affiliations

Anna Fiodorova

Keywords

Related Articles

Zarządca sukcesyjny – nowa instytucja w polskim prawie spadkowym

From 1 January 2018 a new institution – succession management – is due to enter Polish inheritance law. Th e draft Act on succession management of 14 July 2017, addressing the enterprise of a natural person, meets the e...

Disciplinary Liability of Legal Advisors and Legal Advisor Trainees in the Face of the Principle of a Fair Trial

Th e legal advisory service is a liberal profession, a profession of public trust. Th e aim of this paper is to analyze the related disciplinary procedure and its specifi cs. Th e disciplinary liability of legal advisors...

Regulacje kodeksu karnego wykonawczego dotyczące wykonywania kary pozbawienia wolności wobec nieletnich z perspektywy standardów międzynarodowych

Given the numerous dysfunctions related to penitentiary isolation, the presence of young persons in penal institutions results in a number of problems. All such problems lead to the question of how to act in relation to...

Zakres kontroli dokonywanej przez Sąd Najwyższy przy rozpoznaniu skargi na wyrok kasatoryjny sądu odwoławczego

The amendments to the Code of Criminal Procedure that came into force aft er 15 April 2016, created an extraordinary new appeal measure – complaint against an appellate court judgment. It is described in Chapter 55a of t...

Dealing With Legal Capacity and Its Related Challenges in Uganda

The paper deals with the concept of legal capacity as advanced in the United Nations Convention on the Rights of Persons with Disabilities (CRPD) within the context of Uganda as a State party. Th e paper takes the format...

Download PDF file
  • EP ID EP342563
  • DOI 10.15290/bsp.2017.22.04.14
  • Views 39
  • Downloads 0

How To Cite

Anna Fiodorova (2017). Cross-Border Mediation and Small and Medium Enterprises. Białostockie Studia Prawnicze, 0(22), 193-202. https://europub.co.uk/articles/-A-342563