What are the differences between judicial and non-judicial remedies in international litigation?

In international litigation, judicial and non-judicial remedies are two different types of methods by which parties may seek to resolve their disputes and receive compensation. Judicial remedies are actions taken through the court system, such as a civil lawsuit or criminal prosecution; these remedies are based on legal principles and are typically enforced by a judge. Non-judicial remedies, on the other hand, are alternative approaches to resolving disputes that are not decided in a courtroom; they may involve arbitration, mediation, and negotiation. The primary difference between judicial and non-judicial remedies is that judicial remedies are legally binding and enforceable by law, while non-judicial remedies are non-binding. Judicial remedies are typically considered the more formal and comprehensive approach. For example, if a party has suffered a financial loss due to another party’s breach of contract, a court may be able to award monetary damages in order to compensate for the harm that was caused. On the other hand, negotiations or mediation between the parties may result in the development of a mutually acceptable agreement, but the agreement may or may not be legally binding. The primary benefit of judicial remedies is that they are backed by the authority of the court and enforced by the law. The primary benefit of non-judicial remedies is that they offer a more informal and collaborative approach to resolving disputes. Each type of remedy has its advantages and disadvantages, and the choice of which type of remedy is best suited to a particular situation will depend on the circumstances of the case.

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