DISPUTE RESOLUTION MECHANISMS FOR HEALTH, SAFETY & ENVIRONMENT CLAUSES BETWEEN COMMON LAW & CIVIL LAW JURISDICTIONS

Abstract

This paper discusses dispute resolution mechanisms related to health, safety and environment (HSE) clauses by highlighting the stark differences between common law and civil law jurisdictions. In the common law system, dispute resolution is generally done through litigation, where courts play an important role in interpreting contracts and legal precedents. In contrast, in civil law systems, dispute resolution favors non-litigation methods such as mediation and arbitration, which are designed to produce faster and more efficient solutions. This research also explores how each legal system handles HSE clauses in contracts, as well as their impact on protecting the rights of individuals and society. By analyzing the practices in different countries, this paper aims to provide a deeper insight into the challenges and opportunities in HSE dispute resolution in both jurisdictions. The results show that while there are significant differences in dispute resolution approaches, both have advantages and disadvantages that need to be considered in the current context of legal globalization.