Access to Justice for Small and Medium Sized Enterprises: The Case for a Bilateral Arbitration Treaty
26 (2014) NZULR 186
36 Pages Posted: 7 Jan 2016
Date Written: December 5, 2014
Abstract
The growth of businesses in New Zealand is constrained by the relatively small size of the New Zealand market. Expansion into foreign markets is therefore critical for business growth. However, businesses – small and medium-sized enterprises in particular – trading across multiple jurisdictions face barriers to accessing justice when disputes arise. Because of these barriers businesses are dissuaded from engaging in international trade, even though to do so would be beneficial for both the businesses and the economy generally. The proposed solution is to reduce barriers to accessing justice through a Bilateral Arbitration Treaty: a treaty which supplants the existing systems of cross border litigation, replacing it with a dispute resolution mechanism resembling international commercial arbitration. This article explains the proposal by Gary Born, and the ways in which such a dispute resolution mechanism would serve to enhance access to justice, especially for small and medium enterprises in New Zealand.
Keywords: Bilateral Arbitration Treaty, small and medium sized enterprises, access to justice
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