COMMERCIAL DISPUTE RESOLUTION

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ABSTRACT

Business is a social construct that has become more and more prominent in the lives of modern humans due to the inter-dependence of individuals in the globalized economy. Not only for individuals but the importance of business and commercial relations for corporations and even nations cannot be denied due to the specialization and relationship that these companies have developed. In a similar way, disputes in commerce and business are also unavoidable. Legislation has been developed in order to manage such disputes and UK judicial system has introduced Business and Property Courts to better manage and resolve this issues with care and efficiency. One challenge the courts have faced in this regard has been the protection of confidential information. Unethical business practice relies on corporate disputes in order to get access to such information which would otherwise be not possible under legal environment. Such information is essential for the competitive advantage a business has over the other and the exposure of such information to other than those who are privy to such information is detrimental for the business and the business community as a whole. As such, it has been the objective of the court to handle such sensitive information so as to not pose any burden or problem on the proprietor as well as deliver a just and fair dispute resolution. In this regard, code of conducts have been developed to determine the need of the information to be disclosed and maintaining the conficentiality of the information as much as possible. Talks and discussions are rampant on the rationale behind this approach. The focus is on the confidentiality of any information being superceded by the necessity of the due course and delivery of justice. Furthermore, talks are focussed on the need of reform and how much successful has the courts been in protecting the confidential information of the businesses in court proceedings.