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In this chapter, three inherent challenges with Systems Thinking is addressed. These are (i) legal uncertainty, due to the case-by-case assessment of control relations that may lead to different outcomes, (ii) information asymmetry concerns, due to information gathering processes, and (iii) enforcement concerns, due to the need of a modified definition of legal terms such as corporate control, beneficial ownership, and controlled and affiliated entities.
A civil dispute is one which arises between private parties (including governments acting in their private capacity) and excludes criminal prosecutions.
This chapter will introduce the themes and theory of civil dispute resolution (CDR) and explain the structure and limitations of this book to assist readers in navigating through the chapters. This chapter will also introduce the procedures for resolving civil disputes, each of which will be canvassed in more detail in subsequent chapters. While this book need not be read cover to cover, it is recommended that Chapters 1, 2 and 3 be read first as they are fundamental to understanding the remainder of the book.
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