Commercial Dispute Resolution under Afghanistan Commercial Law
Understanding commercial issues is one of the fundamental requirements for establishing, expanding, maintaining, and developing trade relations with countries and organizations. Consequently, this subject has consistently attracted the attention of marketers, business managers, government institutions, and other relevant stakeholders. To promote and strengthen their commercial activities, countries strive to develop and implement effective legal frameworks and regulations that facilitate and govern trade.
This study seeks to examine the mechanisms for resolving commercial disputes under Afghan Commercial Law. The central research question is: How are commercial disputes resolved under the Commercial Law of Afghanistan? The findings indicate that commercial disputes in Afghanistan can be resolved through two principal mechanisms: judicial settlement (litigation) and non-judicial settlement (arbitration). Under the judicial approach, disputes are resolved through the judgment and decision of a competent court. In contrast, the non-judicial approach relies on the mutual agreement and consent of the parties involved to reach an acceptable resolution through arbitration.
This research adopts a descriptive library-based methodology. Relevant books, scholarly articles, academic publications, and legal documents were reviewed and analyzed, and the collected information was interpreted using a descriptive approach.
Keywords: Commercial dispute resolution, commercial disputes, Afghanistan, Commercial Law, arbitration, litigation.