ACKNOWLEDGING the desire for individuals and corporations to seek compensation where due;
UNDERSTANDING that expedient resolution to litigatious cases are paramount to conducting business;
REALISING the need to create a uniform standard for corporations who wish to carry on business in more than one jurisdiction;
ACKNOWLEDGING that not all nations have the same laws concerning business practices and legal procedures;
THEREFORE
1) ESTABLISHES an international body, WATCA (World Assembly Trade and Commerce Agency), which purpose will be to mediate over large and complex cases involving multi-national corporations in an effort to reduce the strain on the judiciary system of the nation where the cause for action arose, allowing for expedient resolution;
2) DECLARES that local equivalents of the WATCA, the TCA ((Trade and Commerce Agency) hereinafter, the WATCA and TCA are treated as one in the same within the scope of this resolution), be created at the national level in order to expedite local cases, less complex cases;
3) GRANTS the TCA the authority of a legal court, with the capacity to issue binding verdicts, but only in the capacity of litigation in which at least one party is a body corporate;
4) MANDATES that the local TCA in each nation will be bound by the laws of that nation, and any relevant laws passed by the WA;
5) FURTHER DECLARES that those presiding over any state of TCA cases, shall have no interest in the outcome;
6) RECOMMENDS that the TCA have authority to mandate mediation;
7) PROHIBITS the TCA from passing down a ruling on the strictly basis of any ideology;
EXPRESSES HOPE THAT a neutral body governing the handling of litigation matters, in which corporations are involved, will enable expedient resolution of litigatious matters.DRAFT 2 - the first draft will be found below.
Notes: We have decided that we needed to change the name of this. The basic principle behind this will remain the same. We aim to promote commerce, trade, further industry and create a uniform process that will ensure that will apply to all multi-national corporations so that no matter what jurisdiction they operate in, they will be subject to the same general rules.
June 9, 2009 - fixed a typo, so it should make more sense now.
June 10, 2009 - added in another clause to have the TCA follow local law
DRAFT 1 - Too many small edits would be required to make this work. For that reason, it is being scrapped and revised completed. Since other ambassadors already have copies of it, we do not feel the need to remove it. We are keeping it to show the progress of our resolution.
AREA OF EFFECT: Tort Reform
An Act to Reduce Malicious Litigation
DEFINING COURT as a legal entity (tribunal, council, et cetera) within a nation designated by the nation to settle any type of legal dispute, civil or otherwise;
DEFINING LITIGATION as a lawsuit between two or more individuals or corporations that is a long arduous process involving legal paperwork, discovery, conferences, a possible trial with a number of outcomes.
ACKNOWLEDGING the desire for individuals and corporations to seek compensation;
UNDERSTANDING that some individuals and corporations will pursue litigation for reasons that could be deemed petty;
IT IS HEREBY PROPOSED to the World Assembly that reforms be made to the way litigation is handled insofar as to ensure that those with legitimate grievances can receive timely court hearings and those wasting the legal system's time shall be punished according;
TO CREATE a basic standard for corporations carrying on business activities outside of their originating jurisdiction;
THEREFORE
MANDATES that nations to set up a pretrial process which may include: mandatory mediation, arbitration, pretrial conferences or any equivalent in that nation, in an effort to settle out of court.
SUGGESTS that a minimum of one pretrial hearing in front of a court officer be granted to those who request it. The ruling from the pretrial may be binding on all parties.
SUGGESTS that cases deemed to be complex; i.e.: those with multiple claimants, third party, class action, etc, be granted priority to be heard by the court.
STRONGLY ENCOURAGE nations to make available legal services for those seeking legal recourse; advice.
STRONGLY ENCOURAGE nations to grant courts broad discretionary powers in dealing with excessively litigatious individuals or corporations, and to penalize those parties accordingly.
STRONGLY ENCOURAGE nations to grant protection to individuals or corporations that are frequent targets of unfounded and malicious litigation.
Accepting feedback from all ambassadors, diplomats and delegates, et al.
This is currently the first draft and will inevitably be subject to many edits and revisions. Hopefully this will appeal to more delegates than the education proposal that we previously brought to this drafting room for consideration.
EDITS:
June 2, 2009 (4:00pm) - defined frivolous litigation; turned the first clause about mediation from encouraged into mandated. Expanded the acknowledgement line to include corporations.
June 3, 2009 (8:22am) - removed frivolous litigation; replaced frivolous with petty in the act's proposed name. Fixed the SUGGESTED line about pretrial to allow parties to request a pretrial hearing. Altered the name of the act yet again. Petty was too vague. Removed the tort definition line. Court and litigation remain for practical reasons.
