What are the differences between judicial and non-judicial remedies in international litigation?
In international litigation, judicial and non-judicial remedies are two different means for resolving legal disputes. Judicial remedies refer to court-based remedies, while non-judicial remedies are remedies outside of the court system. Judicial remedies are remedies available through the court system. These include filing a lawsuit, which is a formal process in which a plaintiff or respondent can present their case to a judge and ask for a legal remedy, such as a financial award or a declaration of rights. Additionally, judicial remedies can include seeking an injunction, which is a court order that requires the defendant to stop a certain action or behavior. Non-judicial remedies are remedies that do not involve the court system. For example, an international litigation dispute might be solved through negotiation or arbitration. Negotiation is when the parties involved in the dispute attempt to resolve the dispute amongst themselves without involving a third-party. Arbitration is when a third-party is brought in to mediate the dispute and make a final decision on the issue. In terms of differences, judicial remedies are only available when a dispute cannot be resolved through negotiation or arbitration, as the court system is the final decision maker in the dispute resolution process. Additionally, judicial remedies are more time-consuming and costly than non-judicial remedies. On the other hand, non-judicial remedies often provide more flexibility and the opportunity for the parties involved to come to an amicable agreement before a final resolution is reached.
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