Journal articles on the topic 'Dispute resolution'
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1
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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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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Hassner, Ron E. "The Path to Intractability: Time and the Entrenchment of Territorial Disputes." International Security 31, no. 3 (January 2007): 107–38. http://dx.doi.org/10.1162/isec.2007.31.3.107.
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Why do territorial disputes become more difficult to resolve over time? Why are states often unable to resolve long-standing territorial disputes over land that is of little strategic or economic value? One explanation for territorial dispute entrenchment draws on changes in dispute perception. Specifically, as territorial disputes mature they undergo processes that increase the integrity of the disputed territory, clarify the definition of the territory's boundaries, and make it more difficult to find substitutes for the territory. Territorial dispute resolution is both stochastic and exogenous to the entrenchment process and thus impossible to predict. It is possible, however, to forecast ex ante the degree to which young territorial disputes are likely to resist resolution efforts in the future based on two variables: perceptions of a territory's integrity, boundaries, and value at the outset of the dispute, and physical constraints on expansion and settlement into the territory.
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Wibowo, Afrizal Mukti, Sukarmi Sukarmi, and Siti Hamidah. "ANALISIS YURIDIS KEWENANGAN PENYELESAIAN SENGKETA PEMBIAYAAN KONSUMEN DI INDONESIA." Legality : Jurnal Ilmiah Hukum 27, no. 1 (July 22, 2019): 41. http://dx.doi.org/10.22219/jihl.v27i1.8957.
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Consumer financing disputes can be resolved by litigation and non-litigation. However, the choice of dispute resolution raises an competence dispute between dispute resolution institutions. Thus giving rise to legal uncertainty and losses for the parties to the dispute. The purpose of this study is to analyze the competence of consumer financing dispute resolution institutions in Indonesia. This research is a normative juridical approach with a legal, conceptual and case approach. The results of this study are that each dispute resolution institution has the attribute attributive in resolving consumer financing disputes. The competence to settle consumer financing disputes for each settlement institution must pay attention to two aspects, including the types of consumer financing disputes; and the choice of dispute resolution based on the agreement of the parties.
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Conley Tyler, Melissa H., and Mark W. McPherson. "Online Dispute Resolution and Family Disputes." Journal of Family Studies 12, no. 2 (November 2006): 165–83. http://dx.doi.org/10.5172/jfs.327.12.2.165.
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Wulandari, Mona, and Saifullah Basri. "Analisis Hukum Penyelesaian Sengketa Kepailitan Syariah di indonesia." Wajah Hukum 6, no. 2 (October 14, 2022): 441. http://dx.doi.org/10.33087/wjh.v6i2.1081.
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After the issuance of the Constitutional Court Decision Number 093/PUU-X/2012, the quo vadis regarding the dualism of the authority to settle sharia economic disputes has ended. The Religious Courts are legally constitutional as the only institution authorized to resolve sharia economic disputes through litigation. However, this authority is not fully implemented, there are still other sharia economic disputes whose resolution is decided by the Commercial Court within the scope of the General Courts, namely bankruptcy disputes and PKPU (Debt Payment Obligations Suspension) in Islamic financial institutions. So after the decision of the Constitutional Court Number 93/PUU-X/2012, the litigation resolution of sharia banking disputes is handled by the Religious Courts, while non-litigation is handled by arbitration and other alternative dispute resolutions. Arbitration in this case is the National Sharia Arbitration Board (BASYARNAS) while other alternative dispute resolutions are resolved through dispute resolution agreements based on good faith.
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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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Broadbent, Nigel. "Alternative Dispute Resolution." Legal Information Management 9, no. 3 (September 2009): 195–98. http://dx.doi.org/10.1017/s1472669609990326.
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AbstractFollowing the enactment of the Civil Procedure Rules in 1999, potential litigants are expected to pursue alternative means to litigation for solving their disputes. In this article, Nigel Broadbent a Director at Lupton Fawcett LLP in Leeds clearly explains the various activities which fall within ADR, including mediation, family dispute resolution, arbitration, conciliation and adjudication.
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Luttrell, Sam, Matthew Di Marco, and Amelia Hirst. "Deep Seabed Mining: Dispute Resolution Mechanisms for Non-State Actors." Journal of World Investment & Trade 23, no. 1 (February 15, 2022): 122–51. http://dx.doi.org/10.1163/22119000-12340237.
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Abstract This article addresses dispute resolution mechanisms which are available to non-State actors with respect to deep seabed mining. As deep seabed mining is still in the exploration phase, the dispute resolution mechanisms are yet to be tested by non-State actors. This article conducts a Vienna Convention analysis of the relevant provisions of the United Nations Convention of the Law of the Sea as well as their negotiating history to identify the types of disputes which may arise between non-State actors and the International Seabed Authority, how these disputes may be resolved, and relevant gaps in the legal framework which may act as barriers to accessing dispute resolutions mechanisms. This article confirms the link between dispute resolution mechanisms and accountability of the International Seabed Authority. Finally, this article presents arguments in respect of the potential for an administrative review body to be established by the International Seabed Authority.
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Mantaha Mohammed Afif, Mantaha Mohammed Afif. "Alternative Dispute Resolutions for Insurance disputes – Reconciliation and mediation as a model –: الوسائل البديلة لتسوية المنازعات التأمينية – الصلح والوساطة نموذجاً –." مجلة العلوم الإقتصادية و الإدارية و القانونية 6, no. 6 (February 28, 2022): 149–64. http://dx.doi.org/10.26389/ajsrp.n300821.
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The aim of the study to highlight the role of alternative means in the settlement of disputes in general and insurance disputes in particular and their effectiveness in ending the dispute and the statement of procedures used to resort to alternative means, and the researcher used the comparative analytical approach between Saudi Arabia in the adoption of reconciliation as a means An alternative alternative to dispute resolution and comparison with the Hashemite Kingdom of Jordan in the use of mediation as an alternative means of dispute resolution, by introducing alternative means of dispute resolution and its importance and with the statement of appropriate means to settle insurance disputes with the study of reconciliation procedures and mediation in the settlement of insurance disputes, the researcher reached the success of the outcomes of alternative means through settlement records or reconciliation records that express an executive basis ending the dispute after its approval by the competent authority, the researcher recommends The need to regulate alternative means of dispute resolution in Saudi Arabia within a regulated legal framework that deals with mediation, reconciliation and many friendly means of dispute resolution, in addition to spreading the culture of alternative means of dispute resolution to society and urging recourse to them.
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Liddicoat, Joy. "A country road: domain name disputes in .nz—is private dispute resolution working?" International Journal of Law and Information Technology 27, no. 4 (2019): 409–36. http://dx.doi.org/10.1093/ijlit/eaz013.
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Abstract Domain name dispute literature focuses largely on generic top level domains and the Uniform Dispute Resolution Policy. Country code top level domains (ccTLDs) attract far less commentary. This article addresses this gap with a detailed evaluation of one ccTLD dispute resolution system: .nz. Evaluation of domain name disputes presents unique challenges: there is no single system for resolving disputes, diverse legal tests apply across jurisdictions and categories of disputes vary. The article examines .nz in light of these challenges, developing and applying evaluation criteria to draw conclusions about the number and categories of disputes, resolution rates and overall effectiveness. The article analyses cases, including appeals, under the “unfair registration” test which contrasts with Nominet’s .uk dispute resolution policy on which the New Zealand system was closely modelled. The author concludes .nz operates a just and workable dispute resolution service that demonstrates effective and responsible ccTLD administration.
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Zaitseva, L., E. Gomes, S. Racheva, and V. Cruz. "Intermediary in a Collective Labor Dispute Resolution." BRICS Law Journal 6, no. 2 (June 13, 2019): 33–59. http://dx.doi.org/10.21684/2412-2343-2019-6-2-33-59.
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Collective labor disputes based on the differences in economic interests between workers and employers can be effectively resolved exclusively through conciliation procedures. Contemporary alternative methods arose mostly due to the necessity to resolve collective labor disputes; mediation for this purpose is applied differently in various countries. National legislation equally provides various means for collective labor dispute resolutions and determines relevant intermediary procedures. An intermediation in a collective labor dispute resolution can be private and/or state-appointed and mandatory or alternative and remains a very perspective means of alternative dispute resolution. An analysis of different countries’ legislation distinguishes several common features of intermediation in collective labor disputes, concerning mainly the goals, objectives and principles. For bodies and persons conducting intermediation, the degree of compulsion in their decisions varies greatly from country to country. However, the obtained experience reveals common and distinctive procedural features and provides the possibility to classify existing approaches, having combined them into groups. The analysis also follows general development trends of collective labor dispute intermediation in different countries and identifies several shortcomings that are characteristic to different systems of intermediation legal regulation. Further research on the most effective ways of collective labor dispute conciliation is necessary for establishing new harmonious labor relations as the grounds for social progress.
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Nelson, Robert H., Timothy J. Sullivan, William H. Dutton, and Kenneth L. Kraemer. "Dispute Resolution." Journal of Policy Analysis and Management 6, no. 2 (1987): 276. http://dx.doi.org/10.2307/3324528.
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Kasatkina, Marina. "Dispute Resolution Mechanism for Smart Contracts." Masaryk University Journal of Law and Technology 16, no. 2 (September 30, 2022): 143–62. http://dx.doi.org/10.5817/mujlt2022-2-2.
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Disputes regarding smart contracts are inevitable, and parties will need means for dealing with smart contract issues. This article highlights the need for dispute resolution mechanisms for smart contracts. The author provides analysis of the possible mechanisms to solve disputes arising from smart contracts, namely dispute resolution by traditional arbitration institutions and blockchain arbitration. Article acknowledges the benefits and challenges of both mechanisms. In the light of this, the author concludes about instituting a hybrid approach aimed at resolving disputes that will not stymie efficiencies of smart contracts.
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Olika, Daniel, and Ilemobade Olateru-Olagbegi. "Assessing the Transfer Pricing Disputes Framework in Nigeria." Business Law Review 43, Issue 2 (April 1, 2022): 65–76. http://dx.doi.org/10.54648/bula2022010.
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Transfer pricing, from documentation to audit, can be complicated and costly. Despite the release of transfer pricing regulations and increased scrutiny over intercompany dealings, the revenue authorities and taxpayers still disagree over various aspects of transfer pricing documentation. This situation necessitated the creation of various transfer pricing dispute resolution and dispute prevention mechanisms in jurisdictions across the globe. The Organization for Economic Cooperation and Development (OECD) has set the global standards on the mechanisms for transfer pricing dispute resolution/prevention and how they should apply. These transfer pricing dispute prevention mechanisms seek to avoid the costly and complicated process that is associated with transfer pricing audit while the transfer pricing dispute resolution mechanisms seek to resolve transfer pricing disputes in the most efficient manner. Accordingly, this article seeks to assess the transfer pricing dispute resolution/prevention framework in Nigeria against the global standards for resolving and preventing transfer pricing disputes. Transfer pricing, safe harbour, advanced pricing arrangement, mutual agreement procedure, dispute resolution, dispute prevention
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Əlitahir oğlu Xammədov, Elxan. "Procedure for out-of-court resolution of individual labor disputes." SCIENTIFIC WORK 65, no. 04 (April 23, 2021): 280–84. http://dx.doi.org/10.36719/2663-4619/65/280-284.
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The article analyzes the rules for out-of-court resolution of individual labor disputes. The main goal of the article is to further improve the legislation. In this article, solutions of individual labour disputes outside the court were investigated in the legislation of Azerbaijan, the importance of the Orga considering the solution of individual labour disputes before the court in terms of labour relations and the inefficiency of individual labour exchanges by one-on-one strike were tried to bring to the fore. Key words: out-of-court resolution of an individual labor dispute, consideration of an individual labor dispute in a pre-trial body, resolution of an individual labor dispute through individual leave, resolution of a collective labor dispute, bodies that resolve individual labor disputes
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Hao, Haiyan. "Research on Dispute Settlement Mechanism of Economic and Trade Cooperation Between China, Mongolia and Russia." Asian Social Science 17, no. 5 (April 27, 2021): 42. http://dx.doi.org/10.5539/ass.v17n5p42.
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The dispute resolution mechanism of economic and trade cooperation between China, Mongolia and Russia is a kind of dispute resolution mechanism specially used to solve the disputes of economic and trade cooperation between China, Mongolia and Russia. It is not only has the practical necessity, but also has the political and legal feasibility. The main problems of the dispute resolution mechanism are that the dispute resolution methods are too scattered, the dispute resolution basis is too old, and the cohesion and effectiveness of the dispute resolution methods are poor. Under the guidance of the concept of "coordinated development, win-win and mutual benefit, fair procedure, inclusiveness and harmony", it is reasonable to build a dispute resolution mechanism of economic and trade cooperation between China, Mongolia and Russia, which covers the way of political diplomacy and judicial characteristics. Specifically, the dispute resolution mechanism needs to establish special dispute resolution institutions, unified applicable rules, diversified dispute resolution procedures and sound supporting systems.
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이재경. "Alternative Dispute Resolution for TV Format Disputes." JOURNAL OF ARBITRATION STUDIES 26, no. 2 (June 2016): 27–44. http://dx.doi.org/10.16998/jas.2016.26.2.27.
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Kaya, Serkan, Muhammed Danyal Khan, and Rao Imran Habib. "Advanced Technologies for Supporting Dispute Resolution: An Analysis." Review of Applied Management and Social Sciences 2, no. 1 (June 30, 2019): 47–57. http://dx.doi.org/10.47067/ramss.v2i1.14.
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Current Traditional litigation in courts is still considered as the main dispute resolution forum for civil disputes. However, as a result of the digital revolution of society, traditional litigation has become very slow, expensive, formal, and complex. To meet the requirement of the digital age regarding the resolution of disputes, Online Dispute Resolution which is a combination of Alternative Dispute Resolution with Information Communication Technology, has become the new trend for resolving disputes. This article critically examines the use of Artificial Intelligence in ODR and gives some successful examples of global ODR services.
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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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Kurniawan, Rudi, and Sabela Gayo. "The Use of Mediation as Alternative Property Dispute Resolution." International Journal of Research and Review 10, no. 2 (February 11, 2023): 330–38. http://dx.doi.org/10.52403/ijrr.20230242.
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Property disputes cannot be avoided in the present era, this is due to various primary needs that are very high in today's times for example the number of land plots is limited in the development of home property. This demands improvements in the field of arrangement and use of property for the welfare of the community and especially its legal certainty. For this reason, various efforts are made by the government to seek the settlement of property disputes quickly to avoid the buildup of property disputes, which can harm the community, for example, property cannot be used because the land is in dispute. Basically, the choice of dispute resolution can be done with 2 (two) processes. The process of dispute resolution through litigation in court and non-litigation, as the initial stage of settlement, this paper has highlighted the settlement of property disputes in the initial residence using mediation as an alternative dispute resolution in property disputes with a voluntary mediation scheme. Keywords: Alternative Dispute Resolution, Voluntary Mediation, Ownership Rights
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Elliot, David C. "MED/ARB: Fraught with Danger or Ripe with Opportunity." Alberta Law Review 34, no. 1 (October 1, 1995): 163. http://dx.doi.org/10.29173/alr1104.
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Parties in dispute, or contemplating a dispute resolution process, want to settle their disputes amicably, but equally want the dispute resolved. Lawyers must assess what, at first sight, might seem poor choices for dispute resolution. This article examines an increasingly popular process
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Petrovna, Ermakova Elena, Frolova Evgenia Evgenevna, and Sitkareva Elena Vitalevna. "New Trends in Developing Alternative Ways to Resolve Financial Disputes." Journal of Politics and Law 13, no. 3 (August 30, 2020): 280. http://dx.doi.org/10.5539/jpl.v13n3p280.
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The authors investigate an issue of the appearance of new trends in developing alternative ways to resolve financial disputes. It has been found that: 1) selection of an arbitration forum for dispute resolution in the field of international finance instead of national courts of London and New York became an obvious reality that should be taken into account by politicians and entrepreneurs; 2) advantages and disadvantages of arbitration resolution of financial disputes are also obvious, so special attention should be paid to the new forms of dispute resolution clauses – hybrid dispute resolution clauses that authorize counterparties to select between the national judicial proceeding and the international arbitration, allowing the parties to select the most appropriate proceeding jurisdiction as following from the specific dispute based on advantages of both forums; 3) in connection with the popularization of alternative ways of dispute resolution in the field of financial relations it is prospective to use mediation for dispute resolution: the entry of Singapore Convention on Mediation 2019 into legal force and joining of global financial leading states to it can contribute to this; 4) in connection with the specifics of cross-boundary financial relations, and for dispute resolution, standard arbitration regulations are not always applicable, so now arbitration institutions tend to follow the way of including separate regulations with regard f the specifics of these disputes; the latest trend can be considered the creation of separate centres in the field of financial dispute resolution.
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Saeb, Abdollah, Mohd Suhaimi Mohd Danuri, Othman Mohamed, and Norhanim Zakaria. "A Mechanism for Dispute Resolution in the Iranian Construction Industry." Journal of Construction in Developing Countries 26, no. 1 (July 30, 2021): 205–26. http://dx.doi.org/10.21315/jcdc2021.26.1.10.
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If disputes are not resolved promptly, they tend to become prolonged and escalated, creating a more complicated and less manageable scenario. Therefore, in this study, we formulated a mechanism for dispute resolution in the Iranian construction industry based on alternative dispute resolution methods. The formulated mechanism could aid disputing parties in the construction industry to settle their disputes more effectively and enhance dispute resolution methods in construction standard forms. To achieve this goal, we collected qualitative data using semi-structured interviews with 30 experts who were selected via purposive sampling method. We used MAXQDA software to manage and organise complete interview transcripts and facilitate the qualitative data analysis process. The proposed mechanism and guidance were finally validated using the survey questionnaire. Negotiation has equal potential for dispute resolution with different sources, and it is recommended as the first step in dispute resolution with any source. According to the results, we recommend a three-step resolution mechanism as follows: negotiation, a method based on sources of disputes and a hybrid method of adjudication and arbitration (Adj-Arb), as the appropriate mechanism for dispute resolution in the Iranian construction industry. Replacing arbitration with Adj-Arb in construction standard forms will have satisfactory results in resolving construction disputes and reply to growing criticism that arbitration is becoming more like litigation.
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Othman, Arez Mohammed Sediq. "Dispute Resolution in Petroleum Contracts." Journal of University of Human Development 4, no. 4 (October 6, 2018): 36. http://dx.doi.org/10.21928/juhd.v4n4y2018.pp36-41.
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Premeditated handling of settling disputes is one of the main issues that international parties have to take into consideration in concluding contracts. Having effective dispute resolution provisions is one of the key factors that will lead to success in international agreements. In the recent years, the Kurdistan Region of Iraq has made lots of transactions in petroleum industry by concluding many international agreements with various international companies in the energy sector. Negotiation, mediation and arbitration have been adopted by the Kurdistan Regional Government in details, through its Oil and Gas Law No.28 of 2007 and signed production sharing contracts, as means of dispute resolution. Nonetheless, having less experience in this field has weakened the position of the host government in front of foreign companies. Moreover, the recent case of Dana Gas versus Kurdistan Regional Government has proven this fact; it was an indication that the Kurdistan Region has to be more cautious when it comes to regulate the terms and conditions of the contracts with the international companies, particularly in dispute resolution part. This paper will shed light on the available mechanisms to resolve every kind of disputes between the conflicted parties, with the specific focus on Kurdistan Region. Investigating the effectiveness and enforceability of alternative dispute resolution mechanisms is another major part of this paper.
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Shabani, Faton. "MEDIATION – CURRENT STATE OF USE IN THE REPUBLIC OF NORTH MACEDONIA." Journal of Management 37, no. 1 (June 30, 2021): 43–52. http://dx.doi.org/10.38104/vadyba.2021.1.04.
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Mediation is a flexible, non-binding dispute resolution method in which a neutral (impartial) third party (mediator) helps two or more disputes to reach a voluntary, negotiated settlement of their disputes. Mediation, emerging strongly as an alternative method of dispute resolution (with the help of neutral third party), has made litigation today not to be treated as the only option for dispute resolution between individuals and businesses. As a means for resolving disputes it has found application especially in business, labor, family, insurance, consumer and construction disputes. The cost, speed and expertise of resolving disputes are some of the key factors that attract individuals, businesses, organizations but also state bodies and institutions to support and promote mediation in this era of globalization and life and activity exposed to the dynamics of contemporary developments. Added to this, however, is the acceptance in the vast majority of cases of dispute resolution reached by both parties to the dispute, but also the privacy and confidentiality of the resolution of their case. Despite the fact that mediation internationally has already been seriously established in the area of dispute resolution, in the Republic of North Macedonia, the legal framework and implementation in practice is at the forefront. For this reason, in addition to the empirical, descriptive and normative treatment, the author through the methods of analysis, synthesis and statistical method processes the official results of the Ministry of Justice to give a clear picture of the trends of the use of mediation in dispute resolution over a period of 5 years (2016-2020) in the Republic of North Macedonia.
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Stanojević, Sanja. "Advantages of arbitration over court resolution of employment disputes." Pravo i privreda 59, no. 1 (2021): 19–34. http://dx.doi.org/10.5937/pip2101019s.
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An employment dispute is a dispute between a single worker and the employer, or between a trade union and employer or association of employers. The division of employment disputes is important because it indicates the method of the settlement of labour disputes. According to Serbian legal system, employment disputes can be settled in court or using one of the alternative labour dispute resolution methods (arbitration, conciliation, mediation). Based on the Law on the Amicable Settlement of Employment Disputes, an institution for the peaceful settlement of labour disputes was established - State Agency for Amicable Settlement of Employment Disputes. Arbitration is always voluntary. The Agency is to be in charge only if both parties accept to solve the dispute using arbitration. An individual employment dispute can be solved using arbitration only if that is allowed by work contract or a general employer act. A collective dispute can also be solved using arbitration. If one of the parties does not want to use an alternative method for solving the problem, arbitration cannot be an option. In that case, the only way to protect its rights is in court. The process of settling a dispute in court before a judge is an extremely strict and formal procedure required by law. The court is obligated to determine relevant facts and make a decision based on them. The judgment is binding for the parties and can be forcedly executed. Protection of rights is accomplished when the judgment or arbitration decision is made and executed. The arbitration decision can be voluntarily executed, unlike the judgment that can be forcedly executed. The arbitration decision cannot be forcedly executed and that is the main disadvantage of the arbitration. The arbitration procedure needs to be improved in order to guarantee the protection of rights.
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Larson, Rhett B. "New Water for Water Dispute Resolution." Texas A&M Journal of Property Law 4, no. 3 (February 2018): 193–215. http://dx.doi.org/10.37419/jpl.v4.i3.2.
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Water scarcity often leads to water disputes. New water supplies—such as bulk water imports, desalination, cloud seeding, or increased stream flows from improved forest management—can mitigate water scarcity and thus help avoid water disputes. However, new water supplies can also aggravate water disputes if not developed in concert with legal reforms. This Article evaluates the role of new water in two cases of water disputes in arid regions and proposes legal reforms to promote new water as a means of water dispute resolution. The first case is the adjudication of water rights in the Gila River basin in Arizona. Improved forestry management could increase water supplies and help resolve this decades-old dispute, but Arizona law should reconsider how property rights are assigned to such increased supplies and what legal mechanisms could encourage investment in forestry management. The second case involved disputes over water resources in refugee host communities in Lebanon and Jordan. The influx of Syrian refugees into cities in Lebanon and Jordan can give rise to water disputes. Laws in the countries can be reformed to facilitate water augmentation and thereby provide increased supplies to refugee host communities.
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Utama, Meria, and Irsan Irsan. "General Overview on Selecting and Drafting Construction Contract Disputes Resolution." Sriwijaya Law Review 2, no. 2 (July 31, 2018): 152. http://dx.doi.org/10.28946/slrev.vol2.iss2.129.pp152-169.
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A good international contract as the experts considered is the most complicated one the parties must draft carefully. It involves many stakeholders and containing documents to attach likewise financial judgment, technical specifications, work scope, rights, obligation, responsibility and other external factors which are beyond the parties’ consideration. A good design contract will prevent the parties from disputes. The dispute settlement mechanisms should be explicitly stated in the international construction contract. The nullity of the choice dispute settlement mechanisms or in the absence of the choice dispute settlement mechanisms and also the unperformed of the contract purposes will not prevent the dispute from being occurred. The most common process to resolve disputes is through litigation, but the process takes time, energy and funding. The method of alternative dispute resolution (ADR) such as mediation, conciliation, mini-trial, arbitration or other ADR techniques eradicate all the obstacles above. The question arises then, how the parties select the best alternative disputes settlement mechanism and how it should be drafted in their contract. Normative legal research is the method employed to respond the problems. Therefore, this article will elaborate the methods that will effectively settle the constructions disputes and mechanism in drafting construction contract disputes resolutions provisions
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Liu, Yuru, and Yan Wan. "Consumer Satisfaction with the Online Dispute Resolution on a Second-Hand Goods-Trading Platform." Sustainability 15, no. 4 (February 9, 2023): 3182. http://dx.doi.org/10.3390/su15043182.
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With the development of internet-related technology, more and more consumers are trading on second-hand platforms. However, due to the uncertainty of second-hand products, there are a lot of transaction disputes on the platform. It is important to efficiently solve the transaction disputes on the platform. Based on the comment data on social media, this paper systematically studies the public opinion towards the online dispute resolution of Xianyu, China’s largest second-hand goods-trading platform, using word-frequency analysis, theme analysis and sentiment analysis. The study found that online disputes mainly focus on the return and refund issues between buyers and sellers. Crowdsourcing online dispute resolution cannot completely solve all problems, and the platform is still needed to help solve disputes. Consumers are concerned about the convenience of the process operation and the fairness of the results of the crowdsourcing online dispute resolution, as well as the contact channels of customer service. The platform should prevent these situations in advance and avoid disputes from the source. Moreover, the platform should perfect the design of public review system and mechanism, broaden the appeal channels of platform customer service, and improve the platform dispute resolution mechanism. It is of great significance for the development of a second-hand goods-trading platform and the application of an online dispute resolution mechanism to mine the service evaluation and satisfaction factors of consumers on the online dispute resolution mechanism.
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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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Naranta, Enno Haya Gladya, and Labib Muttaqin. "ANALYSING THE SETTLEMENT OF MARITIME SOVEREIGNTY’S DISPUTE CASES BASED ON UNCLOS 1982." Interdisciplinary Social Studies 1, no. 5 (February 20, 2022): 598–602. http://dx.doi.org/10.55324/iss.v1i5.126.
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This paper was written to describe maritime sovereignty disputes under the United Nations Convention on the Law of the Sea 1982 (UNCLOS). UNCLOS' 1982 role was enormous in resolving the South China Sea dispute, Indonesia's Malaysian dispute, and the Natuna islands dispute. The theoretical framework used in this paper to analyze case studies is the international regime and the theory of compliance with maritime dispute resolution. The results of this paper show that the jurisdiction of UNCLOS 1982 offers several paths in dispute resolution and prevents the occurrence of perpetual sea disputes.
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Sofiana, Ratna, and Satria Utama. "Effectiveness of Shari'ah Economic and Business Dispute Resolution through Arbitration and Alternative Dispute Resolution (ADR)." TERAJU 3, no. 01 (March 14, 2021): 41–49. http://dx.doi.org/10.35961/teraju.v3i01.224.
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In this paper, we will discuss a little about the effectiveness of sharia economic and business dispute resolution through Arbitration and alternative dispute resolution (ADR). So that it can be described how the dispute resolution mechanism in a civil relationship between one party and another, of course, sometimes does not work as expected. This problem will be examined using a research method with a qualitative approach, namely a research process and an understanding based on on a methodology that investigates a social phenomenon and human problems. Regarding the dispute resolution process in the economy and business of sharia Arbitration is a method of dispute resolution that can be chosen by parties who have problems or disputes. In the settlement of disputes in the court there is a tiered procedure, in the district court, high level, the Constitutional Court, PK etc., while in arbitration there are stages. Apart from that, if the decisions are different, an appeal is still possible in court if no agreement is reached, however in arbitration it is final and binding (final and binding). Advantages The arbitration procedure is carried out closed, not open to the public (confidential), not too formalistic as is the case in court. The parties may choose a person who is trusted to be the arbitrator. The aim of arbitration and alternative dispute resolution outside the court is the same as through court channels, namely to uphold justice. The only difference is that the court is a State Court, which is general in nature. Arbitration is a commercial business court or commercial court.
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Zariski, Archie. "Judicial Dispute Resolution in Canada: Towards Accessible Dispute Resolution." Windsor Yearbook of Access to Justice 35 (May 30, 2018): 433–62. http://dx.doi.org/10.22329/wyaj.v35i0.5789.
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This article argues that access to judges is an essential element of access to justice. Traditional civil litigation procedure aimed at preparation for trial that is complex, time-consuming and costly obstructs such access, especially for litigants without lawyers. To remedy this, the author proposes a summary judicial dispute resolution procedure comprising two stages: early judicial intervention followed by judicial dispute resolution that is determinative if necessary. At both points litigants would be given the opportunity to settle their dispute consensually, thus combining principles of self-determination with final disposition according to law. The proposal draws on and extends contemporary innovations in Canadian courts concerning summary proceedings and binding judicial dispute resolution. The new procedure should improve access to judges and thus access to justice.
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Kusnadi, Apriliani, and Devi Siti Hamzah Marpaung. "Efektifitas Penyelesaian Sengketa Konsumen Melalui Proses di Luar Pengadilan (Melalui Jalur Mediasi)." Wajah Hukum 6, no. 1 (May 1, 2022): 80. http://dx.doi.org/10.33087/wjh.v6i1.710.
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A civil dispute in an agreement is a case that arises from an agreement that has been previously agreed upon by the parties. An agreement that starts from negotiation to produce an agreement that is written on a trading contract. The current condition shows that dispute resolution in court is no longer the main choice because it is considered not effective and efficient enough. The choice of dispute resolution through an arbitration institution is considered to provide its own advantages over going through a national court. And the neglect of consumer rights can invite losses that lead to consumer disputes. So the purpose of this main discussion is how the process of resolving consumer disputes based on UUPK and the process of resolving disputes through mediation channels. The research method is normative law, and obtains data by using secondary data based on legal provisions and periodic legal developments. The choice of dispute resolution through the UUPK can be resolved through court (litigation) and out-of-court (non-litigation) channels. And it has been explained in Article 48 of the UUPK that "the litigation path can be taken through filing a lawsuit through the court, looking at the provisions regarding the applicable general court". "Arbitration and Alternative Dispute Resolution" is "a civil dispute resolution institution that can be resolved through a procedure agreed upon by the parties, namely an out-of-court settlement through consultation, negotiation, mediation, conciliation or expert judgment". Then arbitration is a dispute resolution out of court based on an arbitration agreement as well. Mediation is a method of resolving disputes that has a main scope such as a private/civil law area. Mediation is "a settlement through the assistance of a third party, but the role of the mediator is only to bridge the parties without giving an opinion on dispute resolution".
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Ilma, Dede Amar Udi, Fadia Fitriyanti, Faqih Ma’arif, Nasrun Baldah, and Bambang Utoyo. "STATE OF THE ART PERSELISIHAN KONTRAK KONSTRUKSI DI INDONESIA." INERSIA: lNformasi dan Ekspose hasil Riset teknik SIpil dan Arsitektur 16, no. 2 (December 24, 2020): 158–70. http://dx.doi.org/10.21831/inersia.v16i2.36901.
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ABSTRAKPaper ini membahas tentang state of the art penyelesaian sengketa konstruksi di Indonesia yang meliputi jenis sengketa, indikasi potensi sengketa, dan perbandingan peraturan penyelesaian sengketa jasa konstruksi. Metode yang digunakan adalah mix method yang terdiri dari expert judgment, studi literatur dengan memperbandingkan riwayat penyelesaian perselisihan kontrak konstruksi mengacu kepada UU No.02/2017, Perpres No.16, UU No. 30 / 1999, dan PP No. 22/2020, dan Dispute Resolution Management Matrix (DRM-Matrix). Hasil analisis menunjukkan bahwa dua hal pokok penyelesaian sengketa yaitu pilihan penyelesaian sengketa dan penyelesaian sengketa di luar pengadilan (litigasi dan non litigasi). Penyempurnaan diberlakukan dalam PP No.22 Tahun 2020 yang menjelaskan tentang tahapan penyelesaian sengketa yang menyangkut mediasi, konsiliasi, dan arbitrase, juga terkait dengan penunjukkan dewan sengketa.Kata kunci: kontrak, konstruksi, perselisihan, state of the art ABSTRACTThis paper discusses of state of the art construction dispute resolution in Indonesia, which includes types of disputes, indications of potential disputes, and comparison of construction service dispute resolution regulations. The proposed method is a mixed-method consisting of expert judgment, literature study by comparing the history of construction contract dispute settlement referring to Law No. 02/2017, Presidential Decree No. 16, Law No. 30/1999, and PP. 22/2020, and the Dispute Resolution Management Matrix (DRM-Matrix). The results show that there are two main issues for dispute resolution, namely the choice of dispute resolution and dispute resolution outside the court (litigation and non-litigation). Improvements are enforced in Government Regulation No.22 of 2020 which explains the stages of dispute resolution involving mediation, conciliation and arbitration, as well as the appointment of a dispute board.Keywords: contract, constructions, dispute, state of the art
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Zarosylo, Volodymyr O., Oleksandr M. Kaplya, Kyrylo V. Muraviov, Dmytro I. Myniuk, and Olena Yu Myniuk. "Alternative ways of resolving legal disputes and their application in Ukraine." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 4 (December 23, 2021): 232–38. http://dx.doi.org/10.37635/jnalsu.28(4).2021.232-238.
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Resolving legal conflicts is one of the main tasks of any state. This function is in most cases entrusted to the judiciary, but as experience shows, the court alone cannot ensure the effective functioning of the legal dispute resolution system. For every democratic state, the availability of an alternative is important, and the subject of law must be able to choose the ways of resolving legal disputes. Today in the world there are such alternative ways of resolving disputes as: arbitration, mediation, consultation, negotiations, intersession, conciliation procedure and others. The purpose of the article is to identify the advantages and disadvantages of alternative dispute resolution methods. The article analyzes the literature on this topic, and also presents the features of alternative ways of dispute resolution, which allows us to identify their advantages and disadvantages as a legal procedure. The existence in most countries of the world of alternative dispute resolution is to some extent positive for the parties to the conflict, because dispute resolution through arbitration, mediation, negotiation, consultation and other alternative dispute resolution allows to resolve it without state intervention and they can be solved much faster. Alternative dispute resolution can to some extent be a source of savings money for the state, as they exist independently and do not require funds to provide them from the state, while in Ukraine the system of commercial courts annually requires a fairly large cost of maintaining such courts. Resolving disputes through alternative methods also speeds up their resolution, but in some cases the process itself can be more expensive
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Reddy, Sershiv. "Implementing a South African E-Dispute Resolution System For Consumer Disputes." Obiter 41, no. 2 (October 1, 2020): 371–95. http://dx.doi.org/10.17159/obiter.v41i2.9158.
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In the 1990s, online dispute resolution became more prevalent with the growth of the Internet and its accompanying issues. Yet despite the apparent advantages of online dispute resolution platforms, South Africa has lagged behind in using such a system for consumer disputes. It has become necessary to appeal for the use of an online system since courts are often too costly and backlogged with other disputes; and existing consumer mechanisms found in the Consumer Protection Act 68 of 2008 have proved to be ineffectual. With the expansion of artificial intelligence and South Africa now entering the Fourth Industrial Revolution, it is evident that reforms to consumer laws may be necessary to keep up with technological advances, as well as to expedite consumer disputes. The use of an online dispute resolution system powered by artificial intelligence may prove beneficial in South Africa. This article argues for the implementation of an e-dispute resolution system similar to eBay’s online Resolution Center.
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Wiguna, Made Oka Cahyadi. "Peluang Penyelesaian Sengketa Perdata Tentang Tanah Melalui Alternative Dispute Resolution." Masalah-Masalah Hukum 47, no. 1 (January 30, 2018): 47. http://dx.doi.org/10.14710/mmh.47.1.2018.47-55.
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AbstractThe current developments, there are many land disputes that are vertical or horizontal. Issues concerning land affairs are often caused by salim claims over land rights. The intended land dispute is a civil dispute concerning the land. Achieving a win-win solution in the settlement of civil disputes over land is relatively difficult to materialize, if the settlement is resolved through a trial (litigation). The choice of law that can be chosen to obtain and realize a win-win solution in solving civil disputes over land is of course through alternative dispute resolution. By way of negotiation, mediation and conciliation. In the course of the settlement of civil disputes over land settled through alternative dispute resolution, the settlement can not ignore the applicable legal principles of the treaty. Keywords: Land civil disputes, alternative dispute resolution and principles of contract.AbstrakPerkembangan yang terjadi saat ini, banyak terjadi sengketa pertanahan yang bersifat vertikal maupun horizontal. Permasalahan mengenai pertanahan yang terjadi sering disebabkan akibat salim klaim penguasaan hak atas tanah. Sengketa tanah yang dimaksudkan adalah sengketa perdata tentang tanah. Mewujudkan win-win solution dalam penyelesaian sengketa perdata tentang tanah relatif sulit dapat terwujud, apabila penyelesaiannya diselesaikan melalui sidang peradilan (litigation). Pilihan hukum (choice of law) yang dapat dipilih untuk memperoleh dan mewujudkan win-win solution dalam menyelesaikan sengketa perdata tentang tanah tentunya adalah melalui alternative dispute resolution. dengan cara negosiasi, mediasi dan konsiliasi. Dalam rangka penyelesaian sengketa perdata tentang tanah diselesaikan melalui alternative dispute resolution, maka penyelesaiannya tidak dapat mengabaikan asas-asas hukum yang berlaku mengenai perjanjian. Kata Kunci : Sengketa perdata tanah, alternatif penyelesaian sengketa dan asas-asas perjanjian.
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Dhiraj, Naeem Suleman, Muhammad Najihuddin Nasucha, Oussama Mohamed Alansary, and Abdullah Jamaluddin Alkhateeb. "Hybrid Dispute Resolution in Islamic Capital Market: A Malaysian Perspective." International Journal of Management and Applied Research 6, no. 4 (November 1, 2019): 344–54. http://dx.doi.org/10.18646/2056.64.19-026.
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The objective of this paper is to explore dispute resolution mechanisms in the Islamic capital market. This paper examines out of court traditional dispute resolution mechanisms and innovative hybrid mechanisms for dispute resolution which could be more efficient and less time-consuming. This paper also looks at notable legal disputes relating to the Islamic capital market for the purpose of understanding the procedural challenges and inadequacies in the current legal system. Based on a literature review the authors of this paper note that the majority of Islamic capital market disputes could be resolved through alternative dispute resolution without going through a full trial in court. This paper mainly focuses on the context of Malaysia, with minor references to other countries.
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Palanissamy, Ayyappan, and Kesava Moorthy. "Consumer Dispute Resolution in Cyberspace - Trends and Developments." International Conference on Advances in Business, Management and Law (ICABML) 2, no. 1 (March 2, 2019): 120–27. http://dx.doi.org/10.30585/icabml-cp.v2i1.253.
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Developments and advancements in the ICT environment has led to high increase in electronic commerce. Cyber contractual disputes also emerge rapidly and this challenge the traditional consumer protection systems in terms of redressal and remedies. To protect consumers rights and interests, ADR mechanisms can be used which can overcome the difficulties confronted in the traditional litigation process. Dispute resolution in internet contracts can take place online either entirely or partly. There are various mechanisms available to resolve disputes which can protect disputants’ interests and rights absolutely. As the cyber environment usage continues to expand, it is utmost important to design effective mechanisms for resolving online commercial disputes because traditional adjudicatory process can be time consuming, expensive and may raise jurisdictional problems. Though the current trends and practice in the field of online dispute resolution exists, it appears that there are various aspects relating to which are yet to be clarified. This article aims to present a national and international scientific literature review on the models of Dispute Resolution mechanisms, discusses the use of Alternative dispute resolution systems (including ODR), types of procedure and mechanisms adapted for dealing with commercial disputes in India. It also looks into the international frameworks available with redressal systems and its effectiveness in dealing with cross border disputes.
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Anyebe, Peter Ademu. "Tax Disputes Resolution In Nigeria: Going Beyound The Traditional Court And Administrative Resolution System." Advances in Social Sciences Research Journal 6, no. 12 (January 2, 2020): 236–52. http://dx.doi.org/10.14738/assrj.612.7574.
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It is the requirement of law that tax is paid. Therefore, the discharge of tax obligation in Nigeria is not by choice. In the process of the tax authorities who are authorized under the law to collect taxes from tax payers, disputes arise. The paper reveals that in its bid to lessen the incidents of tax evasion in Nigeria, the Federal Government carried out a major reform in its tax regime. Thus, the Tax Appeal Tribunal (TAT) was established to ensure fairness and transparency of the tax system through a quick and efficient method of dispensing justice. Appeal from there lies to the Federal High Court on point of law. However, there is the unresolved problem of the constitutionality of TAT in its powers and jurisdiction in resolving tax disputes with Federal High Court (FHC). Furthermore, the paper reveals that tax disputes are not arbitrable under Nigerian law. It is the argument of this paper that although the courts are recognized as the most visible dispute arbiter, it is not always the most effective or efficient method. Therefore, it is further the argument of this paper that Nigeria’s tax objection procedures as governed by statutory rules should incorporate Alternative Dispute Resolution mechanism as practiced in other jurisdictions. The paper recommends that the necessary amendments should be made to enable TAT and FHC at their levels to encourage the use of early dispute resolution (EDR) and alternative dispute resolution (ADR), particularly mediation in the settlement of tax disputes brought before them. The introduction of VAIDS (Voluntary Assets and Income Declaration Scheme) by the Federal Government of Nigeria is in line with global best practices on non-disclosure of informal and declaration of assets. The paper concludes among others that Nigeria, as a country cannot operate in isolation, hence the introduction of ADR in its tax dispute resolution processes should be imminent and mandatory.
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Sopamena, Ronald Fadly. "Alternative Dispute Resolution Dalam Sengketa Bisnis Internasional." Balobe Law Journal 2, no. 1 (April 17, 2022): 1. http://dx.doi.org/10.47268/balobe.v2i1.767.
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Introduction: The importance of understanding international business contract law is because international business will involve more than one country so that the laws in these countries will also differ from one another. This will cause problems if there is a business dispute between two parties from different countries.Purposes of the Research: Thus, this study aims to analyze dispute resolution, especially alternative dispute resolution in international business.Methods of the Research: The research method used is normative juridical or what is known as legal research which is carried out by reviewing and analyzing the substance of the legislation on the subject matter or legal issue in its consistency with existing legal principles.Results of the Research: Choice of law is a consequence in an international business contract as a result of different legal rules in each country. Alternative dispute resolution is a method of dispute resolution that can be used in international business disputes. Arbitration, Mediation, Conciliation, Negotiation and Consultation can be used as initial options so that a solution can be obtained from the disputes faced before going through the litigation route which of course will be more time consuming and costly.
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Otterbein, Keith F. "Feuding— dispute resolution or dispute continuation?" Reviews in Anthropology 12, no. 1 (January 1985): 73–83. http://dx.doi.org/10.1080/00988157.1985.9977715.
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Rasyid, Abdul. "Relevance of Islamic Dispute Resolution Processes in Islamic Banking and Finance." Arab Law Quarterly 27, no. 4 (2013): 343–69. http://dx.doi.org/10.1163/15730255-12341267.
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Abstract In the Islamic legal system, the ways in which disputes are resolved generally fall under two categories. The first category is through litigation, namely in Islamic courts (al-qaḍāʾ or adjudication), and the second is through amicable means such as negotiation, conciliation and compromise (naṣīḥah or sincere advice), mediation (ṣulḥ), arbitration (taḥkīm), mediation along with arbitration (ṣulḥ and taḥkīm), an ombudsman (muḥtasib), expert determination (Mufti’s fatwā, pl. fatāwā), etc. These mechanisms are called alternative dispute resolution (ADR) that refers to a range of dispute resolution processes which are alternative to traditional litigation. Over time, the term ADR is now coming to mean ‘appropriate dispute resolution’ or the most appropriate resolution process in the given circumstances. One of the principal goals of ADR is to provide parties with choices for the effective and efficient resolution of disputes. The above-mentioned dispute resolution processes have different characteristics. This article will discuss only the relevant mechanisms with a view to examine how far they may be suitable to resolve Islamic banking and finance disputes effectively, cheaply and quickly.
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Strikaitė, Goda. "Online dispute resolution: quo vadis, Europe?" Vilnius University Open Series, no. 6 (December 28, 2020): 218–26. http://dx.doi.org/10.15388/os.law.2020.18.
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This article discusses potential issues of current European Union regulations in regard to the online dispute resolution, together with potential reasons for low popularity of this way of resolving disputes. The author analyses Her Majesty’s Courts and Tribunals Service (HMCTS) reform programme in England and Wales and compares the online dispute resolution systems as integral parts of courts to the ones functioning independently in the private sector. The article examines the potential for new legal framework promoting the development of online dispute resolution systems in either the private or public sector or in both of them.
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Rizkiana, Rina Elsa. "The Future of Online Dispute Resolution: Building A Framework for E-Commerce Dispute Resolution in Indonesia." Lawpreneurship Journal 1, no. 2 (October 5, 2021): 114–38. http://dx.doi.org/10.21632/tlj.1.2.114-138.
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There was a legal issue, the gap between e-commerce dispute resolution (das sollen) in the Act and its implementation in the field (das sein). E-commerce disputes required a resolution, such as Online Dispute Resolution (ODR). ODR hasn't conducted a face-to-face method, low cost, and covers wide areas. However, ODR wasn't regulated in a "lex specialis" for its implementation. This study discussed several business settlement problems through ODR. Besides, the implementation of the prospect of ODR as a new form of construction of e-commerce transaction dispute resolution in Indonesia. This study provided an understanding of ODR and how the law used to mediate community disputes by using the internet as an alternative possibility to resolve conflicts in society in Indonesia. This paper described the probabilities and challenges of implementing ODR. This paper was normative juridical research which was collected through literature study. The research analysis used a statute approach and a comparative approach. The results showed the mechanism of ODR solved the e-commerce dispute. ODR's execution was in line with the trade sector development. ODR regulated for provided and supported the consumer protection law in Indonesia. ODR regulations in Indonesia should be regulate explicitly to provide legal certainty for the community.
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Oluwaseye, Oluwayomi Ikubanni, and Adekunle Saheed Abiola. "Impact of Technology on Alternative Dispute Resolution in Nigeria and the Birth and Challenges of Online Dispute Resolution." Global Journal of Politics and Law Research 10, no. 4 (April 15, 2022): 1–13. http://dx.doi.org/10.37745/gjplr.2013/vo10.n4pp113.
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Technological advancement has impacted every sphere of human endeavours including the dispute resolution space. Dispute is bound to happen between parties in commercial transactions. Traditionally, such dispute was known to be resolved through the adoption of any of the alternative dispute resolution mechanisms which requires parties meeting physically at an agreed location. However, the advent of Covid-19 in Nigeria hampered the operation of physical meeting for dispute resolution, hence, the adoption of Online Dispute Resolution (ODR) mechanism which is a novel development in Nigeria. It is against this background that this paper seeks to examine how technology may have improved Alternative Dispute Resolution, the origin and challenges of the operation of ODR in Nigeria. This research adopted a qualitative research methodology using doctrinal method of research. It places reliance on library resources. The paper found that there is no specific regulation for the operation of ODR in Nigeria which may pose danger for enforcement ODR agreements or its award. More so, high cost, poor or lack of internet services, inadequate ICT knowledge, poor power supply, amongst others are also potential challenges for smooth operation of ODR in Nigeria. The paper concluded that ODR mechanisms seems to be the most effective means for providing access to justice for online consumer and resolution of disputes without the need for physical contact. It was recommended that the Arbitration and Conciliation Act should be amended to recognise electronic signatures and virtual disputes resolution process and treat issues relating to enforcement of online terms of settlement or agreement.
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Peters, Shamaise. "The evolution of alternative dispute resolution and online dispute resolution in the European Un." CES Derecho 12, no. 1 (August 23, 2021): 3–17. http://dx.doi.org/10.21615/cesder.12.1.1.
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The evolution of Online Dispute Resolution (ODR) as an augmentation from Alternative Dispute Resolution (ADR) may lead to an authentic paradigm shift in the way disputes are handled beyond the traditional court systems. To assess state of the art and convey awareness, this paper explores the regulatory landscape of the European Union (EU) using the United Kingdom and Estonia to illustrate the key advancements and shortcomings of the supranational strategy. It discusses the relationships between ADR capabilities and its productive use in ODR, the ODR deployment and adoption, and the consequences that may arise if dispute resolution technologies leapfrog. The paper also speaks of automation and suggests the need to build integrative models into Artificial Intelligence (AI) - powered ODR platforms. It is apparent that the early challenges in the development of the ADR culture in the EU are still unresolved, affecting the proper integration of ADR principles and ODR technologies. A more effective coupling could be expected to smooth digital trade interactions by increasing access to justice and consumer trust in the redress capacities of the Dispute Resolution System (DRS) as a whole.
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성준호. "Online Dispute Resolution for Cross-Border Consumer Disputes." JOURNAL OF ARBITRATION STUDIES 25, no. 1 (March 2015): 25–46. http://dx.doi.org/10.16998/jas.2015.25.1.25.
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