Relevant bibliographies by topics / Dispute resolution law

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Dispute resolution law'

Author: Grafiati
Published: 4 June 2021
Last updated: 30 July 2024

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Journal articles on the topic "Dispute resolution law"

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Respati, H. Radea, and Asep Sapsudin. "What Is The Process Of Resolving Disputes In International Business Law?" Al-Adalah: Jurnal Hukum dan Politik Islam 9, no. 1 (January 31, 2024): 94–109. http://dx.doi.org/10.30863/ajmpi.v9i1.6030.

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The complex global business landscape often creates conflict between entities, highlighting the need for efficient dispute-resolution mechanisms. Increased competition between countries can result in disputes that require immediate attention and require careful consideration of the structure of international and national communities. The importance of dispute resolution mechanisms is visible in the complexity of international business activities. This research aims to deepen a more essential understanding of alternative dispute resolution mechanisms in international business law. This objective is achieved by stating two research questions: the scope of resolving trade disputes and the alternative resolutions for international trade disputes. This is comparative qualitative research carried out in the literature concerning a normative juridical approach. Data was collected by searching relevant literature and legal materials for normative qualitative analysis. This research found that two types of disputes are commonly encountered in the legal process: disputes that are legal or can be resolved and conflicts that are political or cannot be resolved. Alternative Dispute Resolution (ADR) stands out for its effectiveness and efficiency in dispute resolution law. ADR aligns with the evolving dynamics of global trade, providing a valuable tool for managing disputes between business entities. Alternative. At least three alternative dispute resolution options can be chosen: (i) Resolving international trade disputes through mediation; (ii) Resolving international trade disputes through the World Trade Organization (WTO); Resolving disputes in international business through arbitration. This research suggests that it would be best to consider alternatives for resolving trade disputes according to the case's complexity level.
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Wang, Zhiqiong June, and Jianfu Chen. "From alternative dispute resolution to pluralist dispute resolution: towards an integrated dispute-resolution mechanism in China." International Journal of Law in Context 16, no. 2 (June 2020): 165–80. http://dx.doi.org/10.1017/s1744552320000129.

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AbstractSince 1978, we have observed the steady development of institutions, mechanisms and processes of dispute resolution in China. In the last ten years or so, we then noted frequent issuance of new rules and measures as well as revision of existing laws, the promotion of mediation as the preferred method for resolving disputes and, more recently, the promotion of an integrated dispute-resolution system as a national strategy for comprehensive social control (as well as for resolving disputes), in the name of reforming and strengthening ‘the Mechanism for Pluralist Dispute Resolution’. Careful examination of these latest developments suggests that fundamental changes are taking place that may potentially alter the course of the development of the Chinese dispute-resolution system. These developments are the focus of this paper with an aim to ascertain the nature of the developments and their future direction or directions.
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Melillo, Margherita. "Informal Dispute Resolution in Preferential Trade Agreements." Journal of World Trade 53, Issue 1 (February 1, 2019): 95–127. http://dx.doi.org/10.54648/trad2019005.

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Noting that very few disputes have been adjudicated, many scholars have expressed doubts whether the dispute settlement mechanisms of preferential trade agreements (PTAs) will ever be used. This article argues that looking only at the number of formal disputes (i.e. disputes that lead to the adoption of a decision by third party adjudicators) tells an incomplete story about dispute resolution in PTAs (i.e. resolution of disputed issues). Focusing on the PTAs concluded by the European Union (EU), this article contends that the framework established by the PTAs can have a complementary role to litigation. Like the committees at the World Trade Organization, the committees established by the PTAs can foster dialogue and find technical solutions to disputed issues. By looking at the text of the EU PTAs as well as at available documents on their implementation, this article shows how these committees can tackle disputes.
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Casey, Angela. "Individualarbeitsrechtliche Streitigkeiten im Schiedsverfahren." ASA Bulletin 35, Issue 2 (May 1, 2017): 266–80. http://dx.doi.org/10.54648/asab2017025.

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In the last decade, arbitration as a mechanism for alternative dispute resolution has become increasingly important. Questions of arbitrability move to the forefront as arbitration expands to disputes whose commercial character might be less obvious. One recent question of interest is whether individual employment disputes can be the subject of arbitration proceedings in Switzerland. This paper identifies two areas of employment disputes which lend themselves to final resolution through arbitration. In particular, sports related and “executive”-employee disputes benefit from dispute resolution outside of state courts. The well-known distinction between domestic and international arbitration proceedings seated in Switzerland has a profound impact on the subject matters that are considered to be arbitrable. Because Art. 177 of the Private International Law Act states that any dispute concerning a pecuniary interest may be the subject of an arbitration procedure, “international” parties desiring to arbitrate their dispute will rarely face an issue since almost all possible employment law claims are of a pecuniary interest to at least one party. On the other hand, the arbitrability of a domestic dispute is governed by Art. 354 Civil Procedure Code, which limits the scope of a potential arbitration procedure to any claim over which the parties may “freely dispose of”. The possibility of arbitration procedures regarding employment law disputes is therefore limited, since the Federal Supreme Court decided that an employee cannot “freely dispose of” all mandatory provisions enumerated in the Code of Obligations. This discrepancy is the main focus of this essay and will be explored in detail.
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Zheng, Pai, and Ningze Xie. "China’s First One-Stop Aviation Dispute Resolution Platform in Shanghai: Recent Development." Air and Space Law 48, Issue 4 /5 (September 1, 2023): 419–44. http://dx.doi.org/10.54648/aila2023053.

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Integrating a diversified dispute resolution mechanism into civil and commercial aviation dispute resolution has become an emerging trend, aiming to allow the disputing parties to have access to all available dispute resolution alternatives in a convenient, efficient and cost-effective manner. In China, the most recent development regarding the integration of a diversified dispute resolution mechanism that combines arbitration, mediation and litigation specific to aviation disputes, as evidenced by the creation of the first One-Stop Aviation Dispute Resolution Platform (hereinafter ‘One-Stop Aviation DRP’) in Shanghai on 18 May 2023. This ‘three-in-one’ platform is formed by the Shanghai International Aviation Court of Arbitration (SIACA) established in 2014, the Mediation Centre for Aviation Disputes established in 2020, and the Adjudication Station for Aviation Cases – a unique court branch – established in 2023. This article introduces the One-Stop Aviation DRP, explains the recent development of the three aviation-specific dispute resolution institutions thereunder, and proposes to use Online Dispute Resolution (ODR) as a feasible tool for constructing the One-Stop Aviation DRP in the near future. China, aviation dispute resolution, arbitration, mediation, One-Stop Platform, ODR
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Firdaus. F, M. Waritsul, and Radiyatam Mardiah. "International Law: Existence in International Dispute Settlement Efforts as a Symbol of Peace in the International Community." Muhammadiyah Law Review 7, no. 2 (August 7, 2023): 24. http://dx.doi.org/10.24127/mlr.v7i2.2766.

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The settlement of disputes has been a significant concern in the international community since the 20th century. In its early development, dispute resolution could be achieved either peacefully or through the use of force. However, with the growing awareness of the dangers of war and the advancement of weapon technology, the international community has increasingly recognized the importance of peaceful dispute resolution. In the dynamics of its development, international dispute resolution can be distinguished between legal and political disputes. The opinions of international law experts regarding this distinction vary. There is also a middle ground view that states every dispute has its own political and legal aspects. The development of peaceful dispute resolution has been taking place since the Hague Peace Conferences of 1899 and 1907. During these conferences, rules for peaceful dispute resolution between nations were established. International law also regulates the obligations of states to settle disputes peacefully, as stated in the UN Charter. Technological advancements and the existence of official rules from the UN have strengthened the presence of international law in maintaining international peace and security. The obligation of states to settle disputes peacefully and refrain from the use of force is a recognized principle in international law.
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Firdaus F, M. Waritsul, and Radiyatam Mardiah. "International Law: Existence in International Dispute Settlement Efforts as a Symbol of Peace in the International Community." Muhammadiyah Law Review 7, no. 2 (August 10, 2023): 24. http://dx.doi.org/10.24127/mlr.v7i2.2771.

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The settlement of disputes has been a significant concern in the international community since the 20th century. In its early development, dispute resolution could be achieved either peacefully or through the use of force. However, with the growing awareness of the dangers of war and the advancement of weapon technology, the international community has increasingly recognized the importance of peaceful dispute resolution. In the dynamics of its development, international dispute resolution can be distinguished between legal and political disputes. The opinions of international law experts regarding this distinction vary. There is also a middle ground view that states every dispute has its own political and legal aspects. The development of peaceful dispute resolution has been taking place since the Hague Peace Conferences of 1899 and 1907. During these conferences, rules for peaceful dispute resolution between nations were established. International law also regulates the obligations of states to settle disputes peacefully, as stated in the UN Charter. Technological advancements and the existence of official rules from the UN have strengthened the presence of international law in maintaining international peace and security. The obligation of states to settle disputes peacefully and refrain from the use of force is a recognized principle in international law.
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Davis, Benjamin G. "Building the Seamless Dispute Resolution Web: A Status Report on the American Bar Association Task Force on E-commerce and Alternative Dispute Resolution." Texas Wesleyan Law Review 8, no. 3 (July 2002): 529–38. http://dx.doi.org/10.37419/twlr.v8.i3.7.

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As a result of the Jurisdiction Project's attention to the role of dispute resolution in fostering e-commerce, there appeared to be a clear need for a neutral non-provider entity. The entity's purpose would be to create a task force to study disputes in cyberspace and assist with the development of proposed protocols, guidelines and standards for dispute resolution as it relates to e-commerce and the Internet. In September 2000, the ABA established such a Task Force to study the emergence of standards for the resolution of disputes arising from business to business (B2B) and business to consumer (B2C) e-commerce transactions. The Task Force consists of representatives from five ABA sections: Dispute Resolution, Business Law, Litigation, International Law and Practice, and Intellectual Property. Within its mission, the Task Force has examined the role of Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR), in particular, addressing disputes that result from e-commerce.
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Ardiansyah, Ardiansyah. "Transformation of Rules of Origin Dispute Settlement In Free Trade Agreement Scheme Through Mutual Agreement Procedure." Nurani: Jurnal Kajian Syari'ah dan Masyarakat 22, no. 2 (December 22, 2022): 305–14. http://dx.doi.org/10.19109/nurani.v22i2.14461.

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Dispute resolution has been regulated in a free trade agreement (FTA) so the dispute resolution procedure should follow the dispute resolution procedure established by the FTA (das sollen). However, FTA dispute settlement procedures are not widely used to resolve disputes between importers, exporters, and state authorities related to import duty rates on imported goods in the FTA scheme. Litigation procedures in each country are the only option (das sein). Normative juridical law research methods use a statute approach to FTAs ​​and a comparative approach to dispute settlement in the field of international tax law. Research proves the weakness of FTA dispute resolution, namely the private sector and the business world as the main stakeholders in FTA schemes do not get the right to justice in disputes (access to justice) so that disputes are resolved through domestic litigation in each country. As a result, exporters and authorities of the exporting country who are not involved in the litigation process may be disadvantaged in court decisions in the importing country. Transformation of dispute resolution in FTA agreements through the mutual agreement procedure (MAP) as in international tax law (tax treaty) must be made to provide an opportunity for parties from both countries in FTA agreements, both the private sector and the competent authorities to submit objections.
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Sasmiar, Sasmiar, Umar Hasan, and Suhermi Suhermi. "LEGAL CERTAINTY OF ALTERNATIVE DISPUTE RESOLUTION MEDIATION." Bengkoelen Justice : Jurnal Ilmu Hukum 14, no. 1 (April 8, 2024): 25–44. http://dx.doi.org/10.33369/jbengkoelenjust.v14i1.33432.

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If you look deeper into the substance of arbitration, the regulations are more dominant compared to the regulations regarding alternative dispute resolution. This arrangement is very important regarding the legal capacity of a mediator in carrying out his mediation function. Alternative dispute resolution in Indonesia is a tradition that has been implemented for a long time, such as in customary law in rural communities. An alternative model for resolving disputes in customary law communities is carried out by means of deliberation to reach a consensus. Dispute resolution through mediation is much more effective and efficient in terms of time, energy and costs when compared to dispute resolution through court. the process of resolving disputes through mediation is final and binding. The method used in this research is normative juridical. where doctrinal research is related to mediation within the framework of norms that have been abandoned or there is a legal vacuum. the rules regarding mediation are very simple while the legal requirements are increasing. the substance of the mediation arrangements is incomplete, such as arbitration. National legal product was regulated arbitration and alternative dispute resolution. in addition to being able to resolve civil disputes to general courts, there is also the possibility of submitting them through arbitration and alternative dispute resolution. laws arbitration and alternative dispute resolution such as mediation do not have legal certainty, because the substance of the mediation arrangements is incomplete. This is certainly detrimental to the disputing parties. Supreme Court regulated vacuum law to control this legal proceeding. The mediation process is carried out based on the practices that apply in the field. This is certainly detrimental to the disputing parties, and reduces public interest in resolving their disputes through mediation Keywords: Dispute Resolution; Mediation; Legal Certainty
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Dissertations / Theses on the topic "Dispute resolution law"

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Hörnle, Julia. "Internet dispute resolution." Thesis, Queen Mary, University of London, 2007. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1457.

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This thesis develops a model for the fair resolution of internet disputes. The internet has the potential to lead to international~ cross-border disputes being a powerful communications medium, that allows data exchanges in various media formats between a wide range of different users situated in distant locations. It explores the meaning of fairness for the resolution of such disputes. This thesis refers to the existing literature examining the private international law issues arising from cross-border interactions and transactions on the internet which make litigation and enforcement more costly and lengthy. For many disputes arising on the internet, alternative ways of resolving such disputes have to be found. This thesis contains a detailed exploration of the use of mediation and arbitration, using online technology. obviating the need for the parties and lawyers to meet face-to-face and leading to more efficient information processing, and thereby reducing cost and delay in dispute resolution. Binding dispute resolution and enforceability in cross-border cases are important for internet disputes and can be provided by online arbitration. Therefore, this thesis proceeds to examines in great detail the legal issues surrounding online arbitration. It looks at questions of due process in arbitration and covers the legal issues surrounding business-to-consumer arbitration comparing the European approach to that in the us. The thesis contains a detailed analysis of the Uniform Domain Name Dispute Resolution Procedure (UDRP) and considers to what extent the dispute resolution model established by the UDRP could or should sene as a model for other types of internet disputes. The conclusion from this examination of all aspects of internet dispute resolution is a model of dispute resolution. which encourages the use of online arbitration for internet disputes but, where there exists a substantial power imbalance between the disputants (such as the traditional business-to-consumer paradigm), subjects traditional commercial arbitration to more stringent due process standards for disputes.
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Norman, Allen G. "Alternative dispute resolution and public policy conflict: Preemptive dispute resolution negotiated rulemaking." CSUSB ScholarWorks, 1994. https://scholarworks.lib.csusb.edu/etd-project/928.

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Ikpokonte, Felicia Enoch. "The application of alternative dispute resolution mechanisms in the resolution of electoral disputes: Nigeria in perspective." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29743.

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This dissertation explores the functionality of Alternative Dispute Resolution (ADR) as an effective mechanism in Electoral Dispute Resolution (EDR) in Nigeria. It considers the evolution and application of ADR in Nigeria as well as the merits and successes of ADR in EDR to assess the essentiality and suitability of ADR in EDR in Nigeria. It also examines the Nigerian electoral dispute setting and international trends in the application of ADR in EDR to determine the practicability of ADR in EDR in Nigeria. The dissertation finds that although the utilisation of ADR is desirable and suitable in EDR in Nigeria, the utilisation of ADR in EDR is not formally endorsed in Nigeria. Furthermore, the current Nigerian sociopolitical atmosphere is not conducive for the efficient application of ADR in EDR. This notwithstanding, research indicates that the adoption of a wide-ranging approach, which entails structural, legislative, institutional, political, attitudinal and socio-economic reforms, would ensure the achievement of the efficient utilisation of ADR in EDR in Nigeria. This dissertation therefore concludes that, despite the present unfavourable condition, ADR can be an efficient mechanism in EDR in Nigeria, given an enabling environment.
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Jindani, Mohamed. "The concept of dispute resolution in Islamic Law." Thesis, University of Wales Trinity Saint David, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.503608.

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Fung, Wing Sze. "Dispute resolution for intellectual property disputes on designing and issuing collectibles." access abstract and table of contents access full-text, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22445924a.pdf.

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Thesis (M.A.)--City University of Hong Kong, 2007.
"Master of Arts in arbitration and dispute resolution, LW6409 dissertation." Title from PDF t.p. (viewed on Apr. 1, 2008) Includes bibliographical references.
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Jeremic, Zorica. "Dispute resolution in international civil aviation." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=27454.

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The aviation industry, by its very existence, has a tremendous impact on the global economy. As an integration of economic interests and international prestige, aviation triggers a large number of disputes and disagreements. This dissertation examines the regulatory aspects of international air transport disputes.
Chapter one acknowledges the existence and nature of international aviation disputes in its scope and, more importantly, recognizes some of the many causes of conflicts arising from such disputes.
The second chapter reviews chronologically dispute resolution attempts and analyses their effectiveness. Further, it examines the international bodies, governing treaties, and the available machinery for the resolution of aviation disputes.
The third chapter distinguishes the most influential multilateral and bilateral treaties in the field of aeronautics and presents the solutions for settlement of disputes promoted by ICAO.
Chapter four includes the variety of procedures found in international agreements on aviation and the examination of political, legal and economic means as the mechanisms for the settlement of disputes.
Chapter five establishes the recent proposals for the improvement of the current procedures governing the settlement of aviation disputes. Hence, it includes an analysis of the legislative measures of the European Union, the regulations of the World Trade Organization and the norms of North American Free Trade Agreement; all in view of their competence in resolving air transport conflicts.
The conclusion is a summary of the structure and the function of the existing aeronautical dispute settlement system and its future developments.
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Aguilar, Sofia Beatriz. "Supranational systems of dispute resolution and their integration into domestic legal systems : a view of the Latin American Experience." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30281.

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The influence of globalization over legal systems has resulted in, among other effects, the emergence of transnational law and new international players, such as multinational corporations (MNEs), non-governmental organizations (NGOs) and numerous international entities. The dynamics of the new players within the new transnational legal order have generated a need for a new supranational system of dispute resolution.
The analysis focuses on the Latin American experience in adapting to judicial reform programs (sponsored by international organizations such as the World Bank and the International Development Bank) which promote the integration of Alternative Dispute Resolution (ADR) methods into domestic legal systems, in order to integrate such systems into a supranational system of dispute resolution for the entire continent.
This study aims to explore various alternatives for preventing a continental supranational system of dispute resolution from undermining domestic democracies, while integrating developing countries into the process of commercial globalization.
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Marks, Andhor Grey. "Polygraph testing in the South African workplace : the law and practice." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15556.

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The South African labour market is, after the enactment of the Constitution of the Republic of South Africa and Bill of Rights, faced with the enormous challenge of limitations placed in the workplace to the constitutional guarantees. The limitations referred to are specific to the extent to which some institutions restrict the employee's rights to dignity, privacy and just administrative action. The perception of just administration questions evidence obtained by the use of lie detector (polygraph) tests comes under scrutiny as far as the admissibility and weight of such evidence is concerned. This research paper will recommend and conclude the following: 1. Constitutional guarantees are sacrosanct as enshrined in Sections 8(2),10,12,14,23,25. 39 2. In the absence of SA legislation the common law has developed to the level where the jurisprudence have accepted polygraph testing as admissible when certain conditions are met inter alia: Polygrapher must be registered and qualified; the consent of the employee must be given before test are conducted; the test are used to corroborate evidence such as for example circumstantial evidence. 3. The South African Qualification Authority development of unit standards is an indication of the acceptance of Polygraph testing in the South African Labour Law sphere. 4. The private sectors in South Africa are utilizing these tests in the absence of policies and procedures in the workplace, hence the need for directives, policies and procedures to guide against the abuse or misuse. 5. That polygraph testing have developed to a level of sufficient acceptance in the workplace.
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Ngan, Chiu Chung. "Is mediation an effective alternative dispute resolution method to resolve building management disputes?" access abstract and table of contents access full-text, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22446072a.pdf.

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Thesis (M.A.)--City University of Hong Kong, 2007.
"Submitted in partial fulfillment of the requirements for Master of Arts in arbitration and dispute resolution, LW 6409 dissertation." Title from PDF t.p. (viewed on Apr. 1, 2008) Includes bibliographical references.
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Leung, Siu Cheong. "Building trust and confidence in online dispute resolution." access abstract and table of contents access full-text, 2005. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b20833787a.pdf.

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Thesis (M.A.)--City University of Hong Kong, 2005.
Title from title screen (viewed on 27 Mar. 2006) "Submitted in fulfillment of the requirement of Master of arts in arbitration and dispute resolution." Includes bibliographical references.
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Books on the topic "Dispute resolution law"

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1946-, Green Eric D., and Sander Frank E. A, eds. Dispute resolution. Boston: Little, Brown, 1985.

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author, Schneider Andrea Kupfer, ed. Dispute resolution. New York: Wolters Kluwer Law and Business, 2014.

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1949-, Atlas Nancy F., Huber Stephen K, and Trachte-Huber E. Wendy, eds. Alternative dispute resolution. Chicago, Ill: Section of Litigation, ABA, 2000.

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Sourdin, Tania. Alternative dispute resolution. 3rd ed. Sydney: Lawbook Co., 2008.

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Sourdin, Tania. Alternative Dispute Resolution. Pyrmont, NSW: Lawbook Co., 2002.

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Sourdin, Tania. Alternative dispute resolution. 2nd ed. Pyrmont, NSW: Lawbook Co., 2005.

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1952-, Draper Monette E., and Stimson Judith N. 1942-, eds. Alternative dispute resolution. [Eagan, MN]: West Group, 1995.

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Dennis, Campbell, Cotter Susan, and Center for International Legal Studies., eds. Dispute resolution methods. London: Graham & Trotman/M. Nijhoff, 1995.

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A, MacDonald John, Alhadeff Alan C, Washington State Bar Association. Continuing Legal Education Committee., and Washington State Bar Association. Alternate Dispute Resolution Section., eds. Alternate dispute resolution. [Seattle, Wash.]: Washington State Bar Association, 1997.

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Meek, Susan B. Alternative dispute resolution. Tucson, AZ: Lawyers & Judges Pub., 1996.

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Book chapters on the topic "Dispute resolution law"

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Blackshaw, Ian S. "Dispute Resolution." In Short Studies in International Law, 115–43. The Hague: T.M.C. Asser Press, 2017. http://dx.doi.org/10.1007/978-94-6265-198-2_13.

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Chern, Cyril. "Dispute resolution." In The Law of Construction Disputes, 343–85. 3rd edition | Abingdon, Oxon ; New York, NY : Informa Law from Routledge, 2020 |: Informa Law from Routledge, 2019. http://dx.doi.org/10.4324/9780429027246-14.

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Twigg-Flesner, Christian. "Dispute resolution." In Foundations of International Commercial Law, 235–52. London: Routledge, 2021. http://dx.doi.org/10.4324/9781315692807-11.

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Judge, Stephen. "Civil Dispute Resolution." In Business Law, 25–53. London: Macmillan Education UK, 1999. http://dx.doi.org/10.1007/978-1-349-14962-9_2.

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Kelly, David, Ruby Hammer, Janice Denoncourt, and John Hendy. "Alternative dispute resolution." In Business Law, 65–94. Fourth edition. | Milton Park, Abingdon, Oxon; New York, NY : Routledge, 2020.: Routledge, 2020. http://dx.doi.org/10.4324/9780429297694-4.

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Charlson, Jennifer. "Dispute resolution." In Galbraith’s Construction and Land Management Law for Students, 27–43. Seventh edition. | Abingdon, Oxon; New York: Routledge, 2020.: Routledge, 2020. http://dx.doi.org/10.1201/9781003029250-3.

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Mason, Jim. "Online dispute resolution." In Innovating Construction Law, 201–15. Milton Park, Abingdon, Oxon; New York, NY: Routledge, 2021.: Routledge, 2021. http://dx.doi.org/10.1201/9781003009245-11.

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Field, Rachael. "Family Dispute Resolution." In Teaching Family Law, 72–85. London: Routledge, 2023. http://dx.doi.org/10.4324/9781003312994-7.

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Eisenberg, Ronald L. "Alternative Dispute Resolution." In Radiology and the Law, 59–61. New York, NY: Springer New York, 2004. http://dx.doi.org/10.1007/978-1-4612-2040-4_7.

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Xie, Zengyi. "Labor Dispute Resolution." In Labor Law in China, 131–44. Berlin, Heidelberg: Springer Berlin Heidelberg, 2015. http://dx.doi.org/10.1007/978-3-662-46929-3_10.

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Conference papers on the topic "Dispute resolution law"

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P., Senthil Kumar, and Anu V. Thomas. "Evolution of Arbitration Law in India." In 6th International Conference on Modeling and Simulation in Civil Engineering. AIJR Publisher, 2023. http://dx.doi.org/10.21467/proceedings.156.31.

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The construction industry is considered to be one of the most dispute-prone industries in the world. Disputes of any kind need to be solved through alternate dispute resolution methods to avoid delay in the completion of the projects and thereby reduce financial losses. Arbitration is an alternative dispute resolution mechanism that has been in use since ancient times worldwide. In India, various laws related to arbitration were formulated prior to British rule and also post-independence. In this paper, an attempt has been made to compare the different Arbitration Acts existing in India to study their effectiveness in dispute resolution.
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Yuniarti. "Proportionality in Investment Dispute Resolution." In International Law Conference 2018. SCITEPRESS - Science and Technology Publications, 2018. http://dx.doi.org/10.5220/0010049701070112.

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Burgess, John. "Alternative dispute resolution." In IEE Colloquium on `Principles of Law for Engineers and Managers'. IEE, 1996. http://dx.doi.org/10.1049/ic:19961323.

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Sitabuana, Tundjung Herning, Ahmad Redi, and Shella Felicia. "The Review of Regulations Through Ministry of Law and Human Rights." In Arbitration and Alternative Dispute Resolution International Conference (ADRIC 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200917.015.

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Sewu, Pan Lindawaty Suherman. "The Prospect of Online Dispute Resolution (ODR) and Business Dispute Resolution in the Legal System in Indonesia." In The 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201209.329.

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Hidayah, Nur Putri, Isdian Anggraeny, and Dwi Ratna Indri Hapsari. "Credit Dispute Resolution with Mortgage Right Warranties on Conventional Banking." In International Conference on Law Reform (INCLAR 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200226.005.

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"AN AGENT-BASED APPROACH TO CONSUMER´S LAW DISPUTE RESOLUTION." In 12th International Conference on Enterprise Information Systems. SciTePress - Science and and Technology Publications, 2010. http://dx.doi.org/10.5220/0002910701030110.

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Pavlović, Mina. "INTERNATIONAL MEDIATION IN THE LIGHT OF COMMERCIAL DISPUTES – SOME REMARKS FROM THE ASPECT OF DOMESTIC LAW." In International scientific conference challenges and open issues of service law. Vol. 1. University of Kragujevac, Faculty of law, 2024. http://dx.doi.org/10.46793/xxmajsko1.505p.

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Mediation is one of the ADR proceedures, that is, instead of deepening the conflict, based on negotiation and open communication, that is focused first of all on the participants’ needs and whose primary aim of mediation is reaching a solution mutually acceptable for the parties. It is a convenient method for resolution of commercial disputes, especially in commercial disputes with foreign element since the mediation manifests significant advanteges over the procedure before the court. In Serbia, international mediation is regulated by the provisions of Mediation Act. In this paper, we adress some questions regarding the international mediation in resolution of commercial disputes, from the perspective of Serbian law (examining the mediability of a commercial dispute, settlement agreement and its enforcement, the role of the mediator, etc). Special attention is paid to the enforcement of settlement agreement in commercial disputes with foreign element, whereby different legal situations have been considered.
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Rahaditya, R., and Agoes Dariyo. "Conflicts in the Management of Crude Oil Related to the Application of Law Number 22 of 2001 Concerning Oil and Natural Gas Against People’s Oil Mining in the Village of Wonocolo, Kecamatan Kedewan, Bojonegoro, East Java." In Arbitration and Alternative Dispute Resolution International Conference (ADRIC 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200917.007.

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Ningsih, Ayup Suran. "The Form of Justice in Resolving Capital Market Dispute Resolution." In 1st International Conference on Law and Human Rights 2020 (ICLHR 2020). Paris, France: Atlantis Press, 2021. http://dx.doi.org/10.2991/assehr.k.210506.031.

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Reports on the topic "Dispute resolution law"

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Rodríguez Piedrahita, Adrián F. International Arbitration Claims against Domestic Tax Measures Deemed Expropriatory or Unfair and the Inequitable. Inter-American Development Bank, February 2006. http://dx.doi.org/10.18235/0008623.

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Preliminary statements about the role of FTAs and the importance of understanding the potential consequences of adopting tax measures deemed expropriatory or unfair and inequitable. Overview of CAFTA-DR¿s Framework on Indirect Expropriation. Introduces the concepts of investment, the obligation not to expropriate, and dispute resolution alternatives available. Tax Measures Equating to Indirect Expropriation. Discusses the role of international law in the interpretation and application of treaty rules, particularly the obligations not to expropriate and to afford the investor fair and equitable treatment, approaching them from the perspective of domestic tax measures. Domestic Tax Disputes Rising to the Level of Investment Arbitration Disputes. Through a comparative analysis of a recent case it elaborates on the investor¿s room to characterize a domestic tax dispute as an investment dispute seeking relief under treaty provisions from an international arbitration panel.
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Cvijić, Srdjan, Nikola Dimitrov, Leposava Ognjanoska Stavrovska, and Ivana Ranković. Bilateral Disputes and EU enlargement: A Consensual Divorce. Belgrade Centre for Security Policy, May 2024. http://dx.doi.org/10.55042/xubk6023.

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Bilateral disputes between European Union member states and candidate countries are one of the key obstacles to EU enlargement. They have been plaguing the EU accession process ever since the breakup of Yugoslavia and the subsequent border dispute between EU member Slovenia and candidate country Croatia which then ensued. More recently we have the case of North Macedonia. It became a candidate country in 2005 but ever since, its accession negotiations have been bogged down by endless bilateral disputes. While the case of North Macedonia and its decades long conflicts with Greece and Bulgaria are the most well-known of such cases, they are not the only ones. In a seminal 2018 publication the Balkans in Europe Policy Advisory Group (BIEPAG) outlined the most prominent “open” or “latent” disputes between EU member states and candidate countries in the Western Balkans. Ranging from border to territorial disputes, or ones concerning the status of national minorities, four out of five candidate countries in the region – Albania, Bosnia and Herzegovina, North Macedonia or Serbia, has a bilateral dispute with one or more EU member states. If you look at new candidates Ukraine and Moldova and potential candidate Georgia however, the list of active or potential bilateral disputes is even longer. Even when a candidate country meets the criteria to progress in EU accession talks, bilateral disputes can delay it for years or even decades as in the case of North Macedonia. In this way such disputes present a serious challenge to the credibility of the EU enlargement process. In the context of the war in Ukraine, as we have seen with regard to the policies of Viktor Orbán’s Hungary towards Ukraine, invoking bilateral disputes can seriously challenge the geopolitical orientation and the security of the entire Union. On the legal side, since most of these issues fall outside the scope of the EU law and are not covered by the accession criteria, there is a need to think of an institutional mechanism to deal with bilateral disputes. Enlargement policy does not offer an appropriate platform for settlement of bilateral disputes, especially for those that fall outside the EU law. Hence, these issues should be addressed via the international legal dispute resolution toolbox and thus be subjects of separate processes. The EU’s role however cannot be passive. It should invest efforts in these processes in order for them to be mutually reinforcing and so that the accession process has a mollifying rather than tension amplifying effect on the issue. In its policy brief, published at the end of 2023, the European Council on Foreign Relations (ECFR) proposed updating the Copenhagen criteria such that they should include a stipulation to resolve bilateral issues between member states and candidate countries through external dispute resolution mechanisms: Territorial disputes should be referred to arbitration or the International Court of Justice, while those on minority rights should be dealt with by the European Court of Human Rights and other appropriate dispute settlement mechanisms. In this policy brief we suggest ways how to operationalise this proposal. First, we describe different types of vertical bilateral disputes (the ones that include asymmetrical relations) between EU members and Western Balkan candidate countries, then we outline international mechanisms to resolve them, and finally we propose an institutional architecture to remove bilateral disputes that fall outside of the scope of the Copenhagen criteria and the EU acquis from the purview of EU accession talks.
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Mantilla-Serrano, Fernando. Consultoría para la evaluación de los primeros tres años de programas de mediación y arbitraje comercial aprobados por el Fondo Multilateral de Inversiones (FOMIN). Inter-American Development Bank, January 2001. http://dx.doi.org/10.18235/0009434.

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El documento presenta los proyectos de Métodos Alternos de Solución de Conflictos/Alternate Dispute Resolution (MASC/ADR) con el fin de crear y fortalecer un sistema de MASC/ADR en la región latinoamericana, estos proyectos son necesarios para consolidar los logros obtenidos y continuar acercando la región a las tendencias mundiales. Se concluye que los proyectos del BID-FOMIN han actuado como catalizadores de unmovimiento de MASC/ADR en Latinoamérica. El documento presenta los proyectos de Métodos Alternos de Solución de Conflictos/Alternate Dispute Resolution (MASC/ADR) con el fin de crear y fortalecer un sistema de MASC/ADR en la región latinoamericana, estos proyectos son necesarios para consolidar los logros obtenidos y continuar acercando la región a las tendencias mundiales. Se concluye que los proyectos del BID-FOMIN han actuado como catalizadores de un movimiento de MASC/ADR en Latinoamérica.
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Corriveau-Bourque, Alexandre, Fernanda Almeida, and Alain Frechette. Uncertainty and Opportunity: The Status of Forest Carbon Rights and Governance Frameworks in Over Half of the World’s Tropical Forests. Rights and Resources Initiative, March 2018. http://dx.doi.org/10.53892/fnpn5361.

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Most of the world’s remaining tropical forests lie in areas that are customarily managed and/or legally owned by Indigenous Peoples and local communities. In the context of climate change and global efforts to protect and enhance the capacity of forests to capture and store greenhouse gas emissions, the question of who owns the trees and the carbon stored therein is paramount. Clarifying this question is crucial, both for the future of the planet, and for up to 1.7 billion people worldwide who rely on forests for their livelihoods. This brief presents a review of the nominal progress made in the national-level laws and regulations that govern the carbon trade and define the rights of parties —across a sample of 24 countries in Africa, Asia and Latin America. These countries collectively hold more than 50 percent of global tropical and subtropical forests. This brief also examines the design and establishment of safeguard mechanisms concerning benefit sharing, providing redress and resolution to disputes related to carbon-based schemes, and the operationalization of carbon registries for each of these countries.
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Independent Consultation and Investigation Mechanism: 2022 Annual Report. Inter-American Development Bank, March 2023. http://dx.doi.org/10.18235/0004776.

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In 2022, the MICI managed 33 complaints related to projects financed by the IDB Group in 14 countries. This annual report summarizes MICI's management for each of these cases through its dispute resolution process and its independent investigations. In addition, it presents the publications, knowledge exchange spaces, and dissemination activities carried out in 2022 with the aim of strengthening the environmental and social sustainability of the projects of the Inter-American Development Bank (IDB), IDB Invest, and IDB Lab.
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