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

See all articles by Petra Butler

Petra Butler

Victoria University of Wellington, Te Herenga Waka - Faculty of Law; University of Navarra - School of Law ; Institute of Small and Micro States

Campbell Herbert

Freshfields Bruckhaus Deringer

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

Suggested Citation

Butler, Petra and Herbert, Campbell, Access to Justice for Small and Medium Sized Enterprises: The Case for a Bilateral Arbitration Treaty (December 5, 2014). 26 (2014) NZULR 186, Available at SSRN: https://ssrn.com/abstract=2711465 or http://dx.doi.org/10.2139/ssrn.2711465

Petra Butler (Contact Author)

Victoria University of Wellington, Te Herenga Waka - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

University of Navarra - School of Law ( email )

Campus Universitario
Amigos Building
Pamplona, Navarra 31080
Spain

Institute of Small and Micro States ( email )

United Kingdom

HOME PAGE: http://https://www.ismsworld.com/

Campbell Herbert

Freshfields Bruckhaus Deringer ( email )

65 Fleet Street
London EC4Y 1HS
United Kingdom

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