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Copyright (c) 1997 Croatian Chamber of Commerce 
Croatian Arbitration Yearbook

COMPARATIVE THEME: Conciliation as a Method of Settlement of International Commercial Disputes

1997

4 Croat. Arbit. Yearb. 155

Author

Kresimir Puharic *

Excerpt

1. Introduction
 
International trade has grown rapidly in the last decade an many changes have accompanied this growth. I would like to point out two aspects:
 
. The escalating inclusion of new states in the global market, especially states emerging from the dissolution of former composite states, such as USSR, SFRY, etc., and particularly states in transition, such as Croatia, Slovenia, Czech Republic, Slovakia, etc.;
 
. The changes in the quality of export and import of goods, with a significant increase of the number of new 1 products. The license and franchise agreements dealing with intellectual property rights, know-how and other sophisticated contractual issues tend to increase in volume as well. 2
 
The developments should directly stimulate business people in international trade to incorporate into their contracts with foreign partners clauses that involve methods of peaceful settlement of possible disputes, such as arbitration, conciliation or a mediation.
 
In the sphere of international commercial arbitration law a new trend may be observed, namely an interest in conciliation and mediation as possible ways of settling disputes, especially in the area of intellectual property. In the following paper, we will analyze the impact of conciliation primarily through the following regulations:
 
. WIPO Mediation Rules, World Intellectual Property Organization, Geneva 1995,
. The Rules on the Permanent Arbitration Court attached to the Croatian Chamber of Commerce, Articles 12-18, (Rules on PAC-CCC),
. The Rules of International Arbitration, Articles 44-48, (Zagreb Rules),
. The Rules on the Procedure ...
 
 
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