Mediation clause in commercial contracts (The advantages of mediation clause in commercial contracts)

• Author: Claudiu Florinel Augustin Ignat
• Position: Faculty of Law and Public Administration Craiova, Spiru Haret University, Lawyer, member of the Dolj Bar Association, Romania
• Pages: 113-115

MEDIATION CLAUSE IN COMMERCIAL CONTRACTS

(THE ADVANTAGES OF MEDIATION CLAUSE IN COMMERCIAL CONTRACTS)

Lecturer Claudiu Florinel Augustin IGNAT

1, PhD. student

Abstract

It often ha ppens that the end of the contra cts to be existing commercial r elationships a nd a new contra ct has

alrea dy intuitu per sonae character . But not always the case, that those who en ter into lega l commercial forcing

considera tion to the benefits and under commercial contracts, know the dealer or individual that e stablished

commercial rela tions. These traders r esort to contra ctual conditions which states pr ecisely the extent of the obliga tions

assumed by each pa rty, setting rules, deadlines, pena lties and even ways of interpretation of contra cts. Contra cting

Par ties, namely traders a ware that the law is the contract p arties by special caluze invest ( to settle disputes concer ning

the interpretation or punishment for failure and even termination obligations ) tribuna lule a rbitration courts or the

territor ial and materia l .

Keywords: contra ct, clause contract, cla use mediation, commercial contr acts, legal commercial.

JEL Classification: K12, K22

I. Regulation of commercial contracts

Regulation of commercial contracts is applicable not only to contracts concluded between

traders but also between retailers and third party contracts are aimed at profit. Forasmuch as by their

conclusion and performance targets offenders traders trade.

Commercial contracts regardless of their subject, whether by sale, rental, office leasing,

chartering etc., are mutually binding contract because their conclusion arise through mutual

obligations between the contracting parties.

Most commercial contracts are contracts for pecuniary interest, meaning that all contracting

parties pursue a proprietary interest, a Contracting Party receiving a price as an equivalent for his

service counter and the other contracting party receives the goods, or the performance or any other

equivalent according to terms set by the co-contractors.

It often happens that the end of the contracts to be existing commercial relationships and a

new contract has already intuitu character per sonae. But not always the cas, that those who enter

into legal commercial forcing consideration to the benefits and under commercial contracts, know

the dealer or individual that established commercial relations.

These traders resort to contractual conditions which states precisely the extent of the

obligations assumed by each party, setting rules, deadlines, penalties and even ways of

interpretation of contracts.

Contracting Parties, namely traders aware that the law is the contract parties by special

caluze invest (to settle disputes concerning the interpretation or punishment for failure and even

termination obligations) arbitration courts or the territorial and material courts.

Based on this principle, the law of parties, traders can insert a mediation clause in

commercial contracts, dispute resolutions on the implementation contacts already met both

requirements and for future ones.

1 Claudiu Florinel Augustin Ignat - Faculty of Law and Public Administration Craiova, Spiru Haret University, Lawyer, member of

the Dolj Bar Association, Romania, claudiu@lexignat.ro