Law

In every country, there is a need to ensure that the law and order is maintained. This can only be realized by having a proper judicial system. A proper judicial system should be impartial meaning that it should not favor anyone in the country. To achieve this, it is necessary that this system is under the control of the government as it is the only one that is guaranteed to be impartial if proper ruling is done. There are times when there a lot of disputes that are taking place in a country. Such times are the times that call for the judicial system to intervene and solve the disputes that are there and in case the judicial system does not want to intervene, these should be another body that should. There are other times when these disputes are too big such that it becomes very difficult to deal or to sort them out.

This is something that is likely to take place where most of the countries key economic players are privately owned by individuals. During such times it is necessary that there should be some agreements that are arrived at between these key players. These are agreements that would help the country to move on and solve some business disputes that would arise.

There are chances that when the court system in such a country is privatized, it rarely happens that such a judicial system will remain impartial. This means that it may be very difficult to have justice done on some people especially the less powerful. There is therefore a need for a commercial arbitration introduced in the court system. By this we meant that the policy makers in different organization will come up with some policies and some laws that will be followed when a dispute arises between business organizations. They should not be part of the judicial system.

One of the commercial arbitration rules is that all the parties that are involved are deemed to have all the rules that are constituted concerning their operation in their agreement. These are the rules that are used to help all the key players in such a country to live in harmony and solve their disputes amicably. This means that if the judicial court system of a country is privatized, it may not be in a position to protect all the people in the community and especially those in businesses. It is therefore necessary that a commercial arbitration be included in such judicial system especially where the system of government of the country is not a good democracy.

What this means is that if there are disputes concerning some business organization, they will be solved by private or rather by impartial systems which are not the actual judicial system. These systems are known to comprise of different individuals from all these organizations that are involved. However, the judicial system of such a nation will have the mandate to make some decisions in case the parties involved are not able to solve their disputes amicably.

However, it should be noted that commercial arbitration should only be introduced or rather incorporated in the judicial system if there is a chance of privatizing the whole of the judicial system. This is because it seizes to be under the jurisdiction of the government and therefore it is impossible for individuals to run it smoothly. In case the privatization is partial, there are chances that the judicial system will not be influenced by individual and therefore the decision making process is genuine. In such a case, there is no need of integrating the commercial arbitration into the court system. Even though the court system should be privatized, it should only be fully privatized if the government wants to introduce the commercial arbitration system in the judicial system. The reason is that in case there is partial privatization, some people may still cling to the government side of the judicial system to settle their disputes. This may make the process of settling disputes in the judicial system very difficult and also inefficient.

In case there is no complete privatization, it becomes very difficult to have commercial arbitration. It is therefore necessary to encourage the community or rather entrepreneurs to have commercial arbitration. This is the work of the government and there are some issues or some steps that the government should take to promote commercial arbitration. One of the methods or the steps that the government should take is to encourage people to have commercial arbitration instead of the public court. The government may hire some experts who would hold conferences on the important of arbitration. The government may try to convince entrepreneurs some of the advantages that people will have by using commercial arbitration instead of the public court. Some of the advantages that people will have are the fact that they will be saving a lot of their time and resources. They will be solving their disputes locally and they will only go to the public courts in case they are unable to solve their disputes locally.

Alternatively, the government may require all the business organizations to be members of the commercial arbitration. By this, it means that they will have all the rules that are found in the commercial arbitration. This also means that all the business organization that will be formed or those that will be registered will have to comply with this requirement that is put forwarded by the government. This also means that in case there will be a dispute it will first be handled in the commercial arbitration courts before it is taken to the public court. In addition, it will only be take to the commercial court if the parties that are involved fail to have a solution.