Relevant bibliographies by topics / Dispute resolution law / Dissertations / Theses
To see the other types of publications on this topic, follow the link: Dispute resolution law.

Dissertations / Theses on the topic 'Dispute resolution law'

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

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the top 50 dissertations / theses for your research on the topic 'Dispute resolution law.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.

1

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

Full text
Abstract:
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.
APA, Harvard, Vancouver, ISO, and other styles
2

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.

Full text
APA, Harvard, Vancouver, ISO, and other styles
3

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.

Full text
Abstract:
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.
APA, Harvard, Vancouver, ISO, and other styles
4

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.

Full text
APA, Harvard, Vancouver, ISO, and other styles
5

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.

Full text
Abstract:
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.
APA, Harvard, Vancouver, ISO, and other styles
6

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.

Full text
Abstract:
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.
APA, Harvard, Vancouver, ISO, and other styles
7

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.

Full text
Abstract:
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.
APA, Harvard, Vancouver, ISO, and other styles
8

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.

Full text
Abstract:
Includes bibliographical references
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.
APA, Harvard, Vancouver, ISO, and other styles
9

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.

Full text
Abstract:
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.
APA, Harvard, Vancouver, ISO, and other styles
10

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.

Full text
Abstract:
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.
APA, Harvard, Vancouver, ISO, and other styles
11

Larsén, Linus. "Online dispute resolution och artificiell intelligens : en överblick." Thesis, Stockholms universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-140686.

Full text
APA, Harvard, Vancouver, ISO, and other styles
12

Msokera, Chisomo Harvey. "Appropriate dispute resolution for women married under customary law in Malawi, with special reference to marital violence." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25482.

Full text
Abstract:
As a dispute resolution service provider, the justice system ought to provide effective legal remedies to address the justice needs of people. Apart from having the capacity to provide the legal remedies, the system has to be accessible as well. In marital violence disputes, one of the general interests of both the State and the affected individual spouses is to prevent further abuse. Courts offer this remedy, among others, by imposing restraining orders, which are backed up by punitive threats. On the other hand, facilitative mechanisms of dispute resolution such as mediation do not have the power to impose punishment on contemptuous parties. However, facilitative dispute resolution processes encourage joint problem solving, which is desirable in maintaining a workable relationship between spouses. This research argues that in order to ensure optimum access to justice in marital violence disputes there is a need for a dispute resolution system that offers facilitative and advisory mechanisms of dispute resolution alongside court processes. However, in Malawi, rural citizens face the barriers of language and use of English law-orientated procedures when accessing courts. Furthermore, some customary law practices and statutory law provisions encourage the view that mediation in marital violence disputes precludes concurrent access to court remedies. This research explores the challenges which this current approach to marriage dispute resolution poses to women married under customary law. It answers the question whether the justice system, with its English law-orientated procedures and the tenet of mandatory mediation or reconciliation, offers appropriate and effective mechanisms of resolving marital violence disputes to women married under customary law.
APA, Harvard, Vancouver, ISO, and other styles
13

So, Shiu Sing David. "Compare the alternative dispute resolution (ADR) used in Hong Kong and Japan construction industry." access abstract and table of contents access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21843181a.pdf.

Full text
Abstract:
Thesis (M.A.)--City University of Hong Kong, 2006.
"Master of Arts in arbitration and dispute resolution, LW6409 dissertation" Title from PDF t.p. (viewed on May 23, 2007) Includes bibliographical references.
APA, Harvard, Vancouver, ISO, and other styles
14

Zhao, Xianjie. "Mediation a popular choice of dispute resolution in family problems : an analysis of reasons, advantages and practice in mainland China and Hong Kong /." access abstract and table of contents access full-text, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22052422a.pdf.

Full text
Abstract:
Thesis (M.A.)--City University of Hong Kong, 2007.
Title from PDF t.p. (viewed on Sept. 7, 2007) "LW6409A, dissertation of MA arbitration and dispute resolution" Includes bibliographical references.
APA, Harvard, Vancouver, ISO, and other styles
15

Leung, Nga Yee Ruth. "The adoption of dispute resolution advisor system for preventing and resolving dispute in Hong Kong construction industry." access abstract and table of contents access full-text, 2008. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b23454271a.pdf.

Full text
APA, Harvard, Vancouver, ISO, and other styles
16

Siraj, M. "Child custody dispute resolution : the law and practice in Malaysia." Thesis, SOAS, University of London, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.499502.

Full text
APA, Harvard, Vancouver, ISO, and other styles
17

Poon, Allen. "How to deploy online dispute resolution (ODR) in Hong Kong." access abstract and table of contents access full-text, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21847708a.pdf.

Full text
Abstract:
Thesis (M.A.)--City University of Hong Kong, 2007.
"Master of Art in arbitration and dispute resolution, LW6409 dissertation" Title from PDF t.p. (viewed on May 23, 2007) Includes bibliographical references.
APA, Harvard, Vancouver, ISO, and other styles
18

Cai, Weiping. "Online dispute resolution in Hong Kong the current practices and future developments /." access abstract and table of contents access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21843016a.pdf.

Full text
Abstract:
Thesis (M.A.)--City University of Hong Kong, 2006.
"A dissertation submitted to School of Law, City University of Hong Kong for degree of Master of Arts in arbitration and dispute resolution" Title from PDF t.p. (viewed on May 22, 2007) Includes bibliographical references.
APA, Harvard, Vancouver, ISO, and other styles
19

Koorapetse, Michael Moemedi Sean. "A comparison of the Botswana and South African labour dispute: resolution systems." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/d1010556.

Full text
Abstract:
The purpose of this study was to compare the dispute resolution systems of Botswana and South Africa. As far as the South Africa dispute resolution system is concerned extensive literature on the system was carried out to describe its functioning. As for the Botswana dispute resolution system there was not much written about it in the literature, so in order to find out more about this system semi-structured interviews with labour relations experts which include mediators, arbitrators, lecturers, labour lawyers, trade unionists, employers and government officials held. The framework of comparison was developed to compare the elements of dispute resolution systems against each other and secondly to compare each system against the criteria of performance to the system. The two labour relations systems were compared in terms of elements of the system and the performance of the two systems. In the comparisons of the elements of the systems it was found out that in both systems the nature of disputes was collective and individual disputes both of which can be referred to the initial process of mediation or conciliation. However, in Botswana collective disputes can only be referred to arbitration if they remain unresolved in mediation while in South Africa only collective disputes on essential services go to arbitration while others lead to a strike or lockout if unresolved at conciliation. As for coverage both systems have incorporated public service sector employees in the systems after being excluded from the system for a very long time. The only difference is that in Botswana the Police force is not included while in South Africa they are included in the system. Differences in the avenues of disputes in the two countries were noted, in Botswana the rights/individual disputes go to either arbitration or Industrial Court if unresolved at mediation, inter-est/collective disputes can only go to arbitration while in South Africa the route of disputes is specified in the legislation. As for the human resources of the two countries it was found that the South African system has more qualified, trained and sufficiently experienced staff than the Botswana system. As for the processes it was found that for South Africa the initial process is conciliation while in Botswana it is mediation but these two processes were similar in many ways, from mediation/conciliation the next step in both systems is arbitration and just like the conciliation/mediation, arbitration in both countries was found to be similar except that in South Africa it is a public hearing. The two systems were also compared in terms of their performances and the research has established that between the two systems the South African system proved to be more superior on three of the criteria; efficiency, accessibility and legitimacy than the Botswana system. Therefore, the research proposes a number of recommendations for Botswana to implement namely; establishment of a legislated mixed process of mediation-arbitration, making the dispute resolution system independent from government, recruitment of high qualified and experienced staff for mediation and arbitration, accreditation to private agencies, effective case management system and proper routing of disputes.
APA, Harvard, Vancouver, ISO, and other styles
20

Mokorosi, Mampoja Evelina. "The role of alternative dispute resolution in consumer protection in Lesotho." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16605.

Full text
Abstract:
Includes bibliographical references
The absence of appropriate and effective mechanisms for consumer disputes in a legal system can result in a denial of access to justice. Consumers struggle to have their disputes settled because most of their claims are of small value and some consumers are low-income earners. Costs of litigating a claim in the formal court system are very high and the procedural formalities involved hinder consumers‟access to justice. As a result, alternative dispute resolution (ADR) seems to address that challenge as an appropriate approach to consumer disputes because it promises cost effective, efficient and fast mechanisms of resolving disputes. The purpose of this study is to examine the role of alternative dispute resolution in Lesotho in consumer protection. This is achieved by examining the available dispute resolution processes and how they function. Also, this study makes a comparison with the South African law regulating consumer protection in particular dispute resolution. It discusses ADR in consumer protection at international level as contained in the OECD report and EU Directives. The problem that exists in the market place is that bargaining power favours the sellers. As a result there are laws in place that protect consumers against manipulative or fraudulent sellers, but those laws do not mean anything to consumers if they cannot be enforced through proper channels for their benefit. Therefore, there have been various ADR mechanisms adopted by different legal systems in order to assist consumers to fully realise their rights. Some of these ADR mechanisms might be appropriate for consumer disputes but are very advanced and are not appropriate for a country like Lesotho due to the nature of consumers there and the country‟s economy. Despite South Africa being more economically developed compared to Lesotho it has introduced some of the ADR procedures which are easy to establish and seem to be working well to address consumers‟ claims. As a result, this study would recommend Lesotho to amend its laws in relation to consumer dispute resolution and revise Consumer policy which has been adopted recently.
APA, Harvard, Vancouver, ISO, and other styles
21

Chan, Amanda Cho Man. "Dispute resolution clauses in BIMCO standard shipping forms." access abstract and table of contents access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21843053a.pdf.

Full text
Abstract:
Thesis (M.A.)--City University of Hong Kong, 2006.
"Dissertation submitted as part requirement for the degree of Master of Arts in arbitration and dispute resolution of the School of Law of the City University of Hong Kong" Title from PDF t.p. (viewed on May 22, 2007) Includes bibliographical references.
APA, Harvard, Vancouver, ISO, and other styles
22

Cheu, Yu Kok. "Dispute resolution in Hong Kong Fire Services Department." access abstract and table of contents access full-text, 2008. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b23454246a.pdf.

Full text
APA, Harvard, Vancouver, ISO, and other styles
23

Kang, Yi. "Institutions, consciousness, and tactics : workers' legal mobilization in labor dispute resolution in Shanghai." HKBU Institutional Repository, 2005. http://repository.hkbu.edu.hk/etd_ra/634.

Full text
APA, Harvard, Vancouver, ISO, and other styles
24

Ieong, Sze-Chung Ricci. "Dispute resolution against copyright infringement through internet download?" access abstract and table of contents access full-text, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21844173a.pdf.

Full text
Abstract:
Thesis (M.A.)--City University of Hong Kong, 2007.
"Master of Arts in arbitration and dispute resolution dissertation, City University of Hong Kong" Title from PDF t.p. (viewed on May 22, 2007) Includes bibliographical references.
APA, Harvard, Vancouver, ISO, and other styles
25

Howieson, Jillian Alice. "Family law dispute resolution : procedural justice and the lawyer-client interaction." University of Western Australia. Law School, 2009. http://theses.library.uwa.edu.au/adt-WU2009.0109.

Full text
Abstract:
While several Australian and international studies have explored the family lawyer-client interaction, these studies have been limited to investigations of discrete areas of the lawyerclient relationship and have been necessarily limited in their methodologies. The present study employed a quantitative empirical methodology in an Australian wide field study of 230 family lawyers and 94 clients that investigated the family lawyer-client interaction from a procedural justice framework. Using multivariate analyses, the study establishes that the Tyler and Blader two-component model of procedural justice applies in the lawyer-client dyad and is influenced by the approach of the lawyer, the emotional response of the client, and the level of co-party conflict that the client is experiencing. Further, the study gives meaning to the terms 'conciliatory and constructive' and 'adversarial' as they apply to family law dispute resolution. The study establishes a construct to measure the conciliatory and adversarial approach of family lawyers and identifies that lawyers tend to incorporate a mixture of the two into their work. The results also identify four distinct behavioural factors that characterise the two approaches: the client-centred and interest-based factors characterise the conciliatory approach; and the lawyer-directed and court-focused factors characterise the adversarial. The study found that in terms of perceptions of fairness, and feelings of satisfaction, the clients preferred the lawyers who took a client-centred and interest-based approach, but in circumstances where the clients were experiencing high-levels of conflict, or fear for the safety of their children, they also appreciated the lawyer who was lawyer-directed and court-focused. Overall, the study shows that in order to create a fair and satisfying dispute resolution service for their clients, family lawyers need to maintain a fine balance of family lawyering behaviour. On a general level, the study provides a profile of Australian family lawyers in terms of their approach to dispute resolution, their attitude towards ADR processes and their favoured negotiation styles. It also profiles family law clients in terms of their emotional adjustment to the divorce and their perceptions of the family lawyers assisting them to resolve their disputes. The study substantially expands the procedural justice theory base and has significant implications for practical family law education, government policy, family lawyering, and the ADR and collaborative law movements. The study indicates where future research could benefit these communities.
APA, Harvard, Vancouver, ISO, and other styles
26

Chan, Ricky Chi Wai. "Use of different techniques to resolve disputes between banks and their customers in Hong Kong." access abstract and table of contents access full-text, 2005. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b20833234a.pdf.

Full text
Abstract:
Thesis (M.A.)--City University of Hong Kong, 2005.
"Dissertation in part fulfillment of Master of art in arbitration and dispute resolution" Title from title screen (viewed on Mar. 27, 2006) Includes bibliographical references.
APA, Harvard, Vancouver, ISO, and other styles
27

Moin, Donya. "Toward an appropriate dispute settlement method for resolving petroleum expropriation disputes : treaty-based arbitration or mediation?" Thesis, University of Aberdeen, 2017. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=236001.

Full text
Abstract:
The settlement of petroleum expropriation disputes has been a challenging issue in the petroleum industry since the earliest cases. The issue, principally, relates to foreign investors' right to investment protection and the sovereign right of states, the clash of which causes such disputes. Striking a balance between these conflicting rights in order to save the disputants' relationship is a critical concern given the interdependent relationship of disputants which manifests itself in a cyclical manner. This in turn highlights the importance of finding a suitable dispute resolution method to reach the most appropriate and balanced resolution from both parties' viewpoint. Impartiality is, in this context, a key element when determining the most suitable method for resolving expropriation disputes. This is so considering that the reason for the abandonment of diplomatic protection and litigation as methods for resolving expropriation disputes was concerns over their partiality towards one of the disputants. Currently, with the proliferation of investment treaties, treaty-based arbitration has become the most popular method for resolving such disputes. However, the suitability of treaty-based arbitration is criticised as a process which is likely to be partial in favour of investors and their investment protection rights. Such a partiality is likely to be found in treaty-based arbitration's origin, substance and procedural aspects. Therefore, it can be argued that there is room for mediation as an alternative dispute resolution method to be adopted and supplemented arbitration for settlement of petroleum expropriation disputes. In fact, mediation enjoys various qualities which makes it especially attractive for such disputes, including its time and cost efficiency, its ability to explore win-win settlement options and to save the disputing parties' relationship, and the flexibility and collaborative nature of the process. More importantly, its self-determination principle is a feature which guarantees the impartiality of mediation. However, mediation, like other dispute resolution methods, is not without its disadvantages. It faces challenges with regard to its voluntary and non-binding nature, confidentiality, its inability to deal with the political overtones of petroleum expropriation disputes, its retarding effect on jurisprudence development and disputants' lack of familiarity with the process. Nonetheless, having proposed some solutions to these shortcomings, this thesis concludes that mediation should be used and encouraged more systematically for resolving petroleum expropriation disputes.
APA, Harvard, Vancouver, ISO, and other styles
28

Kwong, John Ka Sing. "Conflict avoidance and dispute resolution methods for public works contracts and the adoption of dispute resolution advisor system and adjudication in Hong Kong." access abstract and table of contents access full-text, 2005. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b20833659a.pdf.

Full text
APA, Harvard, Vancouver, ISO, and other styles
29

Dolopi, Nkosana. "An evaluation of the approaches of the arbitrators to the promotion of disputes resolution in public education." Thesis, Nelson Mandela Metropolitan University, 2016. http://hdl.handle.net/10948/15378.

Full text
Abstract:
Public Education like other sectors such as Health, International Relations, Finance, Local Government and Environmental Affairs that fall under Public Administration as well as business in private, factory and industrial institutions are embraced or characterized by the concept of employer and employee relationships. These relationships are not always wholesome and harmonious but are overshadowed by disputes and strikes which bring about paralysis and polarization of the operation of business and educational stability in public service and administration sectors as well as at learning institutions. These disputes arise from inter alia, disagreements regarding wage negotiations, unfair dismissals, unfair labour practice involving appointments, promotions and transfers, mutual interest, severance pay, automatically dismissals, operational requirements dismissals (both single and multiple), disclosure of information disputes, organizational rights disputes, agency shop disputes, picketing disputes, unfair discrimination disputes in terms of the Employment Equity of Act as amended, and disputes involving the enforcement of collective agreements or the non-compliance with the Basic Conditions of Employment Act and others. Whilst there are similar trends and patterns of disputes in all these sectors, they are, however, not only differ in intensity and rapid occurrence but also in how they are negotiated and settled because the work environments are different at the level of operation, administration and management. What is common in all disputes is that they are all conciliated and arbitrated by arbitrators at the Commission for Conciliation, and Arbitration (hereafter referred to as the CCMA), Education Labour Relations Council (ELRC), Private Resolution Agencies and the Labour Court. The Apartheid era administration had labour laws which dealt with these disputes, but were not progressive and effective in handling them. This placed a heavy burden on the new ANC led government to change the laws of the previous regime. Most of these changes happened in the labour relations and the labour policies. In view of the above situation, the new political dispensation that came into existence and operation in 1994 developed a new labour legislative framework with specific focus on the review of the collective bargaining dispensation. Of significant importance was the entrenchment of labour rights in the Constitution of the Republic of South Africa, 1996. Section 23 of the Constitution is extensive in highlighting the importance to protect amongst others, the right of every trade union to organize and engage in collective bargaining, disclosure of information, restricted rights in domestic sector, rights to establish threshold of representativeness, organizational rights in collective agreements and disputes about organizational rights.
APA, Harvard, Vancouver, ISO, and other styles
30

Ho, Kui-yip Vincent. "Critical review of the effectiveness of dispute resolution in maintenance and minor building works in Hong Kong." access abstract and table of contents access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21842875a.pdf.

Full text
Abstract:
Thesis (M.A.)--City University of Hong Kong, 2006.
"Master of Arts in arbitration and dispute resolution, LW6409-dissertation" Title from PDF t.p. (viewed on May 22, 2007) Includes bibliographical references.
APA, Harvard, Vancouver, ISO, and other styles
31

Lo, Grace. "Why mediation is not popular in Hong Kong commercial field?" access abstract and table of contents access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b2184768xa.pdf.

Full text
Abstract:
Thesis (M.A.)--City University of Hong Kong, 2006.
"Master of Art in arbitration and dispute resolution 2005/2006, 6409A dissertation" Title from PDF t.p. (viewed on May 23, 2007) Includes bibliographical references.
APA, Harvard, Vancouver, ISO, and other styles
32

Cheung, Lin Yung Carol. "Alternative dispute resolution mechanism and the ombudsman system in Hong Kong an evaluation /." access abstract and table of contents access full-text, 2008. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22445900a.pdf.

Full text
Abstract:
Thesis (M.A.)--City University of Hong Kong, 2008.
"A dissertation submitted to the School of Law in partial fulfillment of the requirements for the degree of Master of Arts in arbitration and dispute resolution." Title from PDF t.p. (viewed on Apr. 1, 2008) Includes bibliographical references.
APA, Harvard, Vancouver, ISO, and other styles
33

Sianondo, Clavel. "Arbitration practice in Zambia : the process and its legal impediments." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20794.

Full text
Abstract:
Arbitration as a process of dispute resolution has been pivotal in addressing a lot of business needs to have the dispute resolved within a short period and with less inconveniences to their business. The principle of confidentiality gives impetus to the process. The skill of the arbitrators and the general party autonomy has made the process and awards to be fully complied. Despite the monumental progress made in the field of arbitration as a means of dispute settlement, the process has been beset by reversal which is inherent in the Arbitration Act itself thereby whittling down the advantages ascribed to the process. To this end, the study therefore highlights the historical development of arbitration in Zambia. The process of arbitration and its role in enhancing access to justice will also be examined. The advantages and how the same have been weakened by the Arbitration Act, other legislations and indeed the interpretive impositions by the court will be investigated. Among other provisions which fly in the teeth of the entire process is its usually unqualified attachment to the court system without cognisance of the aspiration of the entire process of arbitration. To redress these weaknesses in the Act and the rules which guide the arbitration process, this study will spur reforms so as to bring the law into conformity with the expectations of the end users.
APA, Harvard, Vancouver, ISO, and other styles
34

Mastara, Shupikile. "Anti -dumping or protection: an analysis of competition issues in dumping investigations." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20861.

Full text
Abstract:
'J. Michael Finger once portrayed the anti-dumping regime as a "witches' brew of the worst of policy making: power politics, bad economics, and shameful public administration.'' The thesis looks at the role of competition in anti-dumping investigations. With the growth in the initiation of anti-dumping investigations, there is concern that the limitations in the anti-dumping regulation open the system up to abuse. Article VI of the General Agreement on Tariffs and Trade (GATT) 1994 describes dumping as the act of selling goods in an export market at a lower price than the country of origin. This act is comparable to that of price discrimination or predation in competition law. However, the imprecise definition of key terms in anti-dumping law such as 'normal value', and 'material injury' permits industries to take advantage of these loopholes to gain protection from foreign competitors. This challenge has been reflected in the South African poultry industry where anti-dumping measures have been used as a way of protecting the market. This is reflected in the comment from ITAC who stated that it was important to 'give consideration to a country being able to produce a strategic protein source but at affordable prices… [And] A balance between the viability of domestic producers of a strategic industry with the affordability of food for the lower income group is critical for food security.' Recommendations have been put forward to deal with the limitations in the anti-dumping regulation with some calling for the removal of the anti-dumping legislation to be replaced with an international competition network. However the political nature of anti-dumping suggests that the best way to safeguard competition in dumping investigations is to incorporate competition principles in anti-dumping regulation. These include redefining key terms which are ambiguous, as well as increased cooperation between the trade and competition regulators to ensure the promotion of trade and competition.
APA, Harvard, Vancouver, ISO, and other styles
35

Smith, Boy Siphiwo. "A critique of dispute resolution in the public service." Thesis, Nelson Mandela Metropolitan University, 2008. http://hdl.handle.net/10948/754.

Full text
Abstract:
Effective, efficient and expeditious resolution of labour disputes plays a crucial role in terms of the realization of one of the primary objectives of the Labour Relations Act (hereinafter referred to as “the Act”) which is the achievement of labour peace. Although there is no proper definition of a dispute offered by the Act, there are several elements raised by authors within the labour relations and labour law fields which constitute a dispute. Two types of disputes are discussed, namely disputes of right (emanating from entitlement) and disputes of interest (based on demands not provided for, and these are also known as disputes based on matters of mutual interests). Labour relations in South Africa has a history that is tarnished by segregation and dualism, where there was a system of labour relations and labour statutes for all races (except for Africans). The first statute dealing somewhat comprehensive with labour disputes, the Industrial Conciliation Act, did not apply to Africans. This situation (exclusion of Africans) prevailed until the early 1980’s. Therefore, although the apartheid system was legislated in 1948, its segregation practices based on race existed long before 1948 and also extended to the workplaces. The turning point in the labour relations arena in South Africa was the appointment of the Wiehahn Commission. As a result of the recommendations by this Commission, African Workers were for the first time included in labour legislation. So, of great interest is the fact that African Workers attained labour rights before the demise of the apartheid system. The birth of the Act with its dispute resolution fora like the Commission for Conciliation, Mediation and Arbitration (hereinafter referred to as “the CCMA”), Bargaining Councils, Labour Court and the Labour Appeal Court, revolutionized dispute resolution in the country. However, there are some challenges that have emerged even within the new system. Prior to 1993, labour relations in the public service, simply just did not exist. This was mainly due to the fact that the public service was excluded from mainstream legal framework governing labour relations. The State was very much in control of what was happening with regards to employment relations in the public service. There were some structures developed for engagement with the State like the Public Service Commission (PSC) which was politicized to push the agenda of apartheid, Public Servants Association (PSA) for White Public Servants, Public Service Union (PSU) for Indian Public Servants and Public Service League for Coloured Public Servants. There was no structure established for African Public Servants though. Nevertheless, these established structures were useless. One of the recommendations of the Wiehahn Commission was the inclusion of public servants within the mainstream labour relations framework and this was never pursued by the then government. It took the wave of strikes in the early 1990’s for the Act to be extended to the public service. Even with the inclusion of public service within the scope of the Act, there are still challenges pertinent to the public service. Central to these challenges is the problem of fragmentation in terms of approach regarding dispute resolution and the fact that there are too many pieces of legislation dealing with dispute resolution. This situation has also resulted in a jurisdictional debacle within the public service. Also, there is a huge challenge in terms of dealing with abscondments / desertion within the public service. In terms of the way forward, there is an initiative to streamline the public service. In this regard, there is a Draft Single Public Service Bill and also the Public Service Amendment Bill.
APA, Harvard, Vancouver, ISO, and other styles
36

Bull, Jesse L. "A game theoretic analysis of verifiability and dispute resolution /." Diss., Connect to a 24 p. preview or request complete full text in PDF format. Access restricted to UC campuses, 2001. http://wwwlib.umi.com/cr/ucsd/fullcit?p3013695.

Full text
APA, Harvard, Vancouver, ISO, and other styles
37

Wong, Iris Yuen Ting. "An analysis of domain name dispute resolution in Hong Kong." access abstract and table of contents access full-text, 2005. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b20835863a.pdf.

Full text
Abstract:
Thesis (M.A.)--City University of Hong Kong, 2005.
Title from title screen (viewed on 27 Mar. 2006) "Master of arts in arbitration and dispute resolution research paper." Includes bibliographical references.
APA, Harvard, Vancouver, ISO, and other styles
38

Shin, Kyoo-Chul. "Identification of Critical Dispute Characteristics (CDCs) during construction project operations." Diss., Georgia Institute of Technology, 2000. http://hdl.handle.net/1853/20683.

Full text
APA, Harvard, Vancouver, ISO, and other styles
39

Pfumorodze, Jimcall. "WTO dispute settlement: challenges faced by developing countries in the implementation and enforcement of the Dispute Settlement Body (DSB) recommendations and rulings." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_6761_1219309592.

Full text
Abstract:

Aims of the research paper is to examine the legal framework 
of implemantation and enforcement of DSB recommendations and rulings and to investigate the trend of non-compliance with BSD recommendations and rulings where complianant 
 
is a developing country.

APA, Harvard, Vancouver, ISO, and other styles
40

Oshynko, Norma. "Claimant document production in Indian Residential Schools Resolution Canada's alternative dispute resolution process /." Burnaby B.C. : Simon Fraser University, 2006. http://ir.lib.sfu.ca/handle/1892/2703.

Full text
APA, Harvard, Vancouver, ISO, and other styles
41

Gerber, Marcel. "Alternative dispute resolution in the BRICS nations: A comparative labour law perspective." University of the Western Cape, 2019. http://hdl.handle.net/11394/6996.

Full text
Abstract:
Magister Legum - LLM
Alternative dispute resolution refers to forms of dispute resolution, other than traditional and formal court based litigation. A notable benefit of alternative dispute resolution is that different processes are available for resolving a particular dispute in the most effective and efficient manner possible. Alternative dispute resolution includes but is not limited to arbitration, mediation, negotiation, conciliation and facilitation. The Constitution of the Republic of South Africa, 1996, lists human dignity, equality and the advancement of human rights and freedoms as the founding values of the Republic of South Africa. In terms of section 9(1) of the Constitution everyone is regarded as equal before the law and has the right to equal protection and benefit of the law in South Africa. Often it is however argued that traditional court based litigation hinders the full enjoyment of these rights by individuals. Consequently, alternative dispute resolution is attractive as an alternative to court based litigation as it is regarded as less expensive, more time effective and results in less conflict when it comes to resolving disputes in the most accessible, effective and efficient manner possible, in both developed and developing countries. The study will first focus on the pitfalls to traditional court based litigation in South Africa. The relevant legislation and processes which provide for alternative dispute resolution processes in South Africa, with specific focus on alternative dispute resolution in labour disputes, will be considered. Consideration will be given to the provision of alternative dispute resolution as contained in the Constitution, the Labour Relations Act 66 of 1995, the Rules for the Conduct of Proceedings before the CCMA of 2003 and the Arbitration Act 42 of 1965. The study will thereafter proceed to consider the use of alternative dispute resolution in labour disputes in Brazil, Russia, India and China, who, together with South Africa, are collectively referred to as BRICS. These five nations are considered the world’s leading emerging economies, with similar economic capabilities and demographics.
APA, Harvard, Vancouver, ISO, and other styles
42

Harris, Steven M. "Between Law and Diplomacy| International Dispute Resolution in the Long Nineteenth Century." Thesis, University of California, Davis, 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=3723630.

Full text
Abstract:

From late in the eighteenth century through World War I, states increasingly resolved their differences through arbitration; entering into over 1000 agreements to address past controversies and provide for future disputes. Rather than relying entirely on traditional diplomatic methods, states responded to the practical needs of an increasingly complex, commercial, and bureaucratic world. They used mechanisms with some legalistic components; although these procedures remained under political control. Arbitration never prevented a war; the efforts of the Anglo-American peace movement, later augmented by continental activities and the rise of the international legal community, had but small and indirect effects. While appearing responsive to the new influence of public opinion, states only made agreements to arbitrate that were highly controlled and which typically encompassed only relationships and parties for whom war was already quite unlikely. Western powers also extensively used arbitral agreements to resolve and protect their imperial interests, both formal and informal.

The traditional historiography of this field has been skewed by its emergence out of that peace movement, with its millennial, liberal, Eurocentric, and juridical biases. As a result, the significance of the Vienna settlements in launching the modern arbitral process has been overlooked, the Jay Treaty and the "Alabama Claims" case have been mythologized, the distinctive role of Latin American states has been sidelined, and the meaning of the Hague Conferences has been misunderstood.

States are political animals and their "states' system" was effective in using arbitration as a shared tool while preserving their essential political discretion and managing their domestic and international publics.

APA, Harvard, Vancouver, ISO, and other styles
43

Majinda, Maseko Moses. "A comparison of the labour dispute resolution systems of South Africa and Swaziland." Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/833.

Full text
Abstract:
History and Background: The history of statutory labour dispute resolution of South Africa dates back to 1909, when the Transvaal Disputes Prevention Act of 1909 was promulgated which applied only to the Transvaal. The Industrial Conciliation Act of 1924 established industrial councils and ad hoc conciliation boards and excluded black workers from the statutory definition of employee and this resulted in a dual industrial relations system that existed up to 1979. The history of statutory labour dispute resolution of Swaziland dates back to 1980 when the first Industrial Relations Act of 1980 was promulgated which established the first Industrial Court. Research Findings: The dispute resolution systems of South Africa and Swaziland contain both similarities and differences. Lessons for Swaziland include combining general and specific dispute resolution procedures, providing the right of a referring party to apply for condonation for late referral of a dispute, using conciliation-arbitration, making arbitration proceedings public hearings, influence of parties on the appointment of arbitrators, court adjudication, pre-dismissal arbitration, court adjudication by judges only, establishment of a constitutional court, full protection of protected strikes/ lockouts from interdicts, legalization of sympathy strikes, and removal of strikes/ lockout ballot. Lessons for South Africa include plural representation of parties at conciliation and arbitration, re-direction of some disputes by the Labour Court to the Commission for arbitration, reporting of labour disputes direct to the Head of State for determination.
APA, Harvard, Vancouver, ISO, and other styles
44

Koopmans, Sven Michael George. "Diplomatic dispute settlement : the use of inter-state conciliation." Thesis, University of Oxford, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.670090.

Full text
APA, Harvard, Vancouver, ISO, and other styles
45

Collins, Mary B. "Collaborative dispute resolution in superfund enforcement does the resolution approach vary by community-level sociodemographic characteristics? /." Orlando, Fla. : University of Central Florida, 2008. http://purl.fcla.edu/fcla/etd/CFE0002118.

Full text
APA, Harvard, Vancouver, ISO, and other styles
46

Suen, Chee-hang Henry. "A selection model of dispute resolution systems for construction professionals /." Hong Kong : University of Hong Kong, 2000. http://sunzi.lib.hku.hk/hkuto/record.jsp?B25950034.

Full text
APA, Harvard, Vancouver, ISO, and other styles
47

Owen, Crystal L. "Dispute resolution procedures and organizational adaptation : a distributive-pattern approach to evaluation of effectiveness." Connect to resource, 1987. http://rave.ohiolink.edu/etdc/view.cgi?acc%5Fnum=osu1262713757.

Full text
APA, Harvard, Vancouver, ISO, and other styles
48

Li, Wai Kwong. "An exploratory study of using alternative dispute resolution as a means of resolving real estate disputes in Hong Kong." access abstract and table of contents access full-text, 2005. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b20833829a.pdf.

Full text
APA, Harvard, Vancouver, ISO, and other styles
49

Danopoulos, Alexandra. "Geschilbeslechting door de OPTA : een voorbeeld voor geschilbeslechting in het bestuursrecht? = Dispute resolution by the OPTA : an example for dispute resolution in administrative law? /." Nijmegen : Wolf Legal Publishers, 2009. http://opac.nebis.ch/cgi-bin/showAbstract.pl?u20=005765237.

Full text
APA, Harvard, Vancouver, ISO, and other styles
50

Chan, Ho Pan. "The effectiveness of mediation in resolving Hong Kong construction dispute." access abstract and table of contents access full-text, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22445845a.pdf.

Full text
Abstract:
Thesis (M.A.)--City University of Hong Kong, 2007.
"LW 6409A, dissertation" Submitted to School of Law, City University of Hong Kong. Title from PDF t.p. (viewed on Apr. 1, 2008) Includes bibliographical references.
APA, Harvard, Vancouver, ISO, and other styles
You might also be interested in the bibliographies on the topic 'Dispute resolution law' for other source types:
Journal articles Books
We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!

To the bibliography