Dispute Resolution

The Dispute Resolution topic measures efficiency and quality of the resolution of commercial disputes—those arising in the business context between firms—across three different dimensions, referred to as pillars. The first pillar assesses the adequacy of legislation pertaining to both court processes and alternative dispute resolution (ADR), covering de jure features that are necessary for the efficient processing of cases, facilitated resolution of cross —border claims, creating alternative venues for settling disputes, and ensuring trust in relevant institutions. The second pillar focuses on judicial organizational structure, courts’ digitization and transparency, as well as ADR— related services, thus capturing the de facto provision of public services. The third pillar measures the reliability of dispute resolution, the time and cost required to resolve a dispute, as well as the time and cost associated with the recognition and enforcement of decisions. Each pillar is divided into categories—defined by common features that inform the grouping into a particular category—and each category is further divided into subcategories. Each subcategory has several indicators, each of which may, in turn, have several components. Relevant points are assigned to each indicator and subsequently aggregated to obtain the number of points for each subcategory, category, and pillar.

What the Indicator Measure

  • COURT LITIGATION

    Procedural Certainty (includes environment); Judicial Integrity (includes gender)

  • ALTERNATIVE DISPUTE RESOLUTION (ADR)

    Legal Safeguards in Arbitration; Legal Safeguards in Mediation; Public Services for Arbitration (includes gender); Public Services for Mediation (includes gender)

  • COURT LITIGATION

    Organizational Structure of Courts; Digitalization of Court Processes; Transparency of Courts (includes gender);

  • OPERATIONAL EFFICIENCY

    Reliability of Courts; Operational Efficiency of Court Processes; Reliability of Alternative Dispute Resolution (ADR); Operational Efficiency of Arbitration Processes

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