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Regulating Contracts$
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Hugh Collins

Print publication date: 2002

Print ISBN-13: 9780199258017

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199258017.001.0001

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Dispute Settlement

Dispute Settlement

Chapter:
(p.321) 14 Dispute Settlement
Source:
Regulating Contracts
Author(s):

Hugh Collins

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199258017.003.0014

This chapter considers the problem of dispute settlement as a task for regulating contracts that raises distributive issues. It argues that the dominant goal in regulating contractual disputes should be one of promoting contractual settlements of disputes. This goal diminishes the conventional importance attached to the vindication of contractual rights and access to justice in ordinary courts. Instead, the regulatory objective of settlement suggests that the law should aim to support and steer mechanisms that possess the capacity to produce or facilitate a fair resolution of disputes by agreement.

Keywords:   contractual rights, justice, contract regulation, contractual disputes

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