Relevant bibliographies by topics / Dispute settlement

Contents

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

Academic literature on the topic 'Dispute settlement'

Author: Grafiati
Published: 4 June 2021
Last updated: 27 July 2024

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Journal articles on the topic "Dispute settlement"

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Harun, Refly. "Rekonstruksi Kewenangan Penyelesaian Perselisihan Hasil Pemilihan Umum." Jurnal Konstitusi 13, no. 1 (May 20, 2016): 1. http://dx.doi.org/10.31078/jk1311.

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Construction of authority in the settlement of dispute over the result of local election is still in transformation to become the ideal format. At the same time, the authority in the settlement of election dispute which is distributed to many agencies is also demanding simplification. The fact requires that there must be reconstruction on the settlement of all kinds of legal problems in election, including the dispute over local election results. Related to this, one of the proposals offered through this paper is the simplification of settlement system and the courts involved in the settlement of disputes. Where, for the settlement of disputed election results remain under the authority of the Constitutional Court, while the settlement of election disputes, local election disputes and disputes over the results of local election are handled by a special election court. The role of the election court referred to will be run by the Election Supervisory Body which will transform into a special election court.
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KANG, Taewook. "Problems of Investor-State Dispute Settlement (ISDS)." Journal of Advanced Research in Law and Economics 10, no. 2 (March 31, 2020): 561. http://dx.doi.org/10.14505//jarle.v10.2(40).16.

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The research deals with Problems of Investor-State Dispute Settlement (ISDS) focused on Investment Arbitration. The author especially focuses on the problems under BIT (Bilateral Investment Treaties) and FTA (Free Trade Agreements. Mentioned in this article, International investment disputes are generated due to host countries and foreign investors. ISDS is Dispute settlements between investors and countries. This is not suit proceedings but arbitration proceedings. That is, ‘activities of the third party to arbitrate and settle disputes by intervening between parties in dispute. ’However, Dispute Settlement through this way, is it really reasonable and fair system? If it is indeed fair and reasonable system, advanced countries like the United States and Australia would not have abandoned it. Therefore, the investment arbitration system is never a dispute settlement proceeding that has been verified and stabilized internationally.
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Supeno, Supeno. "INTERNATIONAL TRADE DISPUTE SETTLEMENT THROUGH DISPUTE SETTLEMENT BODY (DSB) AND INTERNATIONAL ARBITRATION BODY." Nurani: Jurnal Kajian Syari'ah dan Masyarakat 20, no. 1 (June 30, 2020): 147–62. http://dx.doi.org/10.19109/nurani.v20i1.6043.

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The current trend in international trade is growing rapidly, along with these developments, the problems occurring in trade transactions are also increasing on the other hand the disputes arising in international trade are also increasing, under such conditions it is necessary to have greater legal role to overcome international trade issues. Several international trade dispute settlement institutions have been established but have not been well known and maximized in resolving international trade disputes whereas dispute settlement institutions play a huge role in the effort to create economic stability and world trade. Dispute resolution agencies that need special attention are Dispute Settlement Body and International Arbitration. In this article author using the goodfaith theory as the importand principle in the dispute dispute of international business. The author would like to disclose some international trade dispute settlement which becomes the choice for disputing countries so that the writer can formulate the following problem of Settlement of international trade disputes through the Dispute Settlement Body (DSB) of the World Trade Organization (WTO) and international trade disputes through international arbitration bodies. Keywords: international trade dispute, dispute settlement, Arbitration
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Zakiyah, Zakiyah, Diana Rahmawati, Nur Mohammad Kasim, Muhammad Aulia Rahmady, and Muhammad Azhari Rahman. "Consumer Financing Dispute Settlement Patterns During the Covid-19 Pandemic in Wetland Environments." International Journal of Law, Environment, and Natural Resources 2, no. 2 (October 28, 2022): 81–95. http://dx.doi.org/10.51749/injurlens.v2i2.43.

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The pandemic Covid it had an impact on all economic sectors which had an impact on the smooth running of consumers in paying consumer financing installments, which led to consumer financing disputes. The people of South Kalimantan who live in a wetland environment have local wisdom in resolving disputes with Adat Badamai tradition. This study aims to find patterns of dispute resolution between consumers and finance companies during the covid 19 pandemic and to analyze whether local wisdom in the wetland environment, namely the Bahamian custom is reflected in the settlement of consumer financing disputes. The research method used is empirical legal research supported by library research. (library research), is prescriptive analytics, it is hoped that a comprehensive, in-depth and systematic picture will be obtained. This research was conducted in South Kalimantan Province. The results showed (1). consumer financing dispute settlement patterns prioritize settlements outside the court (non-litigation), namely by internal company settlements; use third party services; through the Consumer Dispute Resolution Body, if an amicable agreement is not reached, as a last resort, a court settlement (litigation) is taken. (2). Dispute Resolution Financing companies in South Kalimantan have implemented the customary value of Adat Badamai in the settlement of consumer financing disputes. In the Banjar community, if there is a dispute, they tend to choose to settle it peacefully, meaning that there is no need for the settlement to go to court. Adat Badamai tradition is quite effective and plays a role in creating security and peace among the disputing community members.
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Zakiyah, Zakiyah, Diana Rahmawati, Nur Mohammad Kasim, Muhammad Aulia Rahmady, and Muhammad Azhari Rahman. "Consumer Financing Dispute Settlement Patterns During the Covid-19 Pandemic in Wetland Environments." International Journal of Law, Environment, and Natural Resources 2, no. 2 (October 28, 2022): 81–92. http://dx.doi.org/10.51749/injurlens.v2i2.27.

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The pandemic Covid it had an impact on all economic sectors which had an impact on the smooth running of consumers in paying consumer financing installments, which led to consumer financing disputes. The people of South Kalimantan who live in a wetland environment have local wisdom in resolving disputes with Adat Badamai tradition. This study aims to find patterns of dispute resolution between consumers and finance companies during the covid 19 pandemic and to analyze whether local wisdom in the wetland environment, namely the Bahamian custom is reflected in the settlement of consumer financing disputes. The research method used is empirical legal research supported by library research. (library research), is prescriptive analytics, it is hoped that a comprehensive, in-depth and systematic picture will be obtained. This research was conducted in South Kalimantan Province. The results showed (1). consumer financing dispute settlement patterns prioritize settlements outside the court (non-litigation), namely by internal company settlements; use third party services; through the Consumer Dispute Resolution Body (BPSK), if an amicable agreement is not reached, as a last resort, a court settlement (litigation) is taken. (2). Dispute Resolution Financing companies in South Kalimantan have implemented the customary value of Adat Badamai in the settlement of consumer financing disputes. In the Banjar community, if there is a dispute, they tend to choose to settle it peacefully, meaning that there is no need for the settlement to go to court. Adat Badamai tradition is quite effective and plays a role in creating security and peace among the disputing community members.
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A. Papaconstantinou, George, and Luigi F. Pedreschi. "Alternative Dispute Settlement and the Jurisprudential Legacy of the World Trade Organization’s Appellate Body." Journal of World Trade 56, Issue 2 (March 1, 2022): 261–82. http://dx.doi.org/10.54648/trad2022011.

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This article analyses the possible impact of the disputes advanced through the Multiparty Interim Appeal Arbitration Arrangement (‘MPIA’) and preferential trade agreements (‘PTAs’) on the jurisprudential legacy of the Appellate Body (‘AB’) and shows that those alternative dispute settlement mechanisms can play a significant role in preserving and further developing World Trade Organization’s (‘WTO’) case law. In the future, the importance of alternative dispute settlement mechanisms resolving arguments of international trade law is bound to increase (especially, in light of the ongoing deadlock at the WTO). That said, this does not come without risks for the (much disputed) coherence of WTO precedence by way of departure from established interpretations of the WTO acquis. Ultimately, it is the quality of the alternative dispute settlement awards that will determine the extent to which the jurisprudential legacy of the AB will be maintained. This article demonstrates that alternative dispute settlement mechanisms pose both challenges and opportunities for the consistency of the WTO case law. This article sheds further light on the potential risks and virtues pertaining to each one of them and argues that until the functioning of the Appellate Body is restored, alternative dispute adjudicating bodies must observe its jurisprudential legacy to promote legal certainty and predictability in international trade dispute settlement. WTO Dispute Settlement, Alternative Dispute Settlement, Appellate Body, Multiparty Interim Appeal Arbitration Arrangement, Preferential Trade Agreements
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Rudenko, L. D., and D. S. Semko. "TO THE QUESTION ON PRE-CASE SETTLEMENT OF ECONOMIC DISPUTES." Legal horizons, no. 19 (2019): 54–58. http://dx.doi.org/10.21272/legalhorizons.2019.i19.p54.

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The article identifies the nature of pre-trial settlement of an economic dispute, analyzes the features of the pretrial settlement of an economic dispute. Taking into account the provisions of the current Commercial Code and the Commercial Procedure Code of Ukraine, the article examines the procedure for pre-judicial settlement of the economic dispute, including the analysis of the rules of economic law and commercial procedural law, which regulate the general procedure for pre-trial settlement of economic disputes. It is determined that pre-trial settlement of economic disputes is an independent legal institution, the rules of which are contained in both procedural and material sources of law of different legal force. Specified that pre-trial settlement of economic disputes is a set of actions defined by law and/or contract, On the basis of the conducted analysis, it is concluded that it is advisable to include in the Commercial Code a separate Chapter “Pre-trial settlement of economic disputes”, in which to determine the forms of pre-trial settlement (negotiations, claim procedure, mediation), the procedure for their application. The necessity to align the requirements of procedural and substantive norms in cases of obligatory application of pre-trial settlement of economic disputes was noted. The imperative prescription regarding the obligation to apply pre-trial settlement of economic disputes is contained in Art. 29, 30 of the International Rail Freight Agreement. In a number of other legal acts, the application of pre-trial dispute settlement is dispositive. Based on case law and business research, it is proposed to provide for the obligation of pre-trial settlement for transportation contracts, telecommunication services contracts, public procurement contracts. Keywords: pre-trial settlement, legal institute, economic dispute, parties to the economic dispute, claim, consequences of the pre-judicial settlement of the economic dispute.
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Marmazov, Vasyl, and Pavlo Pushkar. "The Right of Access to Non-State Dispute Resolution in the Legal Order of Larger Europe: A Yardstick to Harmonise Approaches to State and Non-State Dispute Settlement in Ukraine." NaUKMA Research Papers. Law 7 (July 20, 2021): 33–43. http://dx.doi.org/10.18523/2617-2607.2021.7.33-43.

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The Ukrainian legal thought has traditionally regarded the right of access to justice as a right of access to the State court, or to State managed or controlled procedures for dispute settlement. One of the main reasons for that was that the non-state, or uncontrolled by the State dispute settlement was not formally permitted, prohibition being imposed by the Soviet system and even to a certain extent during the period of domination on parts of the territory of the modern Ukraine, of the various externally imposed requirements of various legal systems in force at the material time. Non-state dispute settlement in its traditional forms, mainly based on the custom, was also left outside the attention in the pre-Soviet times and could not find its dignified place between accessible schemes and instruments for dispute settlement. Moreover, the understanding that justice delivery for the parties to the dispute should remain within State monopoly, became commonly accepted as from 1996. The adoption of the Constitution of Ukraine to a certain extent perverted approach to settlement of conflicts, focusing on the main role for the State courts, to these ends. In particular, the courts are having “direct jurisdiction” over any dispute, this led to perception of pre-trial settlements as unnecessary, even as regards those that remained in force, notably, the commissions on labour disputes that were recognized in the case-law of the European Court as equating in legal force to binding and enforceable legal instruments. Thus, the traditional historical approach to seeing judicial examination of disputes as an exceptional step in dispute settlement, in the absence of agreement or settlement by the parties, notably through mediation, arbitration or conciliation, variousforms of third party involvement, steadily disappeared. However, alternative examination of disputes is returning back to its original standing. It is gaining its place in the discussions on the judicial reform and reform of the system for settlement of disputes. This reform is far from being finalised and possibly has not even started in practice. The new approach to settlement of disputes, aimed at breaking the principle of State monopoly on examination of disputes and seeing State dispute settlement by court as an exception, is still not firmly entrenched into the mentality of lawyers, public servants, judges, law enforcement employees and politicians in Ukraine. Thus, the article suggests and points out to importance of taking into account with these changes of a wider European perspective. Such a perspective should relate not only to theoretical and practical advantages of the non-state dispute settlement, but also provides that the privatisation of the dispute settlement procedures and breaking the state monopoly on it, is a part of wider international obligations, also being a part of the supranational legal order of the European Union. This obligation of Ukraine is also seen as part of the requirements stemming from the Council of Europe law. Both the EU law and the Council of Europe provide for extensive soft law recommendations, legal principles, which are formed by the case-law of the European Court of Human Rights. Such an approach provides that alternative means of dispute settlement, including arbitration, do not run contrary to the principles of human rights with regard to fair judicial proceedings. On the contrary, they could be seen as a highly relevant actual means of dispute settlement for any modern European society, built on the principles of respect to rule of law and human rights.
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ZHENGYI, ZHANG, and YUE QIANG. "INVESTMENT DISPUTE SETTLEMENT MECHANISM UNDER THE IMPLEMENTATION OF CHINESE FOREIGN INVESTMENT LAW." Sociopolitical Sciences 11, no. 2 (June 28, 2021): 32–41. http://dx.doi.org/10.33693/2223-0092-2021-11-3-32-41.

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With the formal implementation of the Foreign Investment Law, a multi-level dispute settlement mechanism targeted at disputes has been formed. Under the background of the implementation of the foreign investment law, diversified investment dispute settlement is forming and will go through innovation, especially under the background of open-up investment dispute settlement mechanism. Multi-level investment disputes relate to both domestic and international level, “wall” function for international investment dispute settlement mechanism may realize through the principle of exhaustion of local remedies.
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Maulaya, Muhammad Zulfa, Aditya Fani Pradana, Muhammad Choerul Umam, Tiyas Vika Widyastuti, and Muhammad Wildan. "Analisis Yuridis Bentuk Penyelesaian Sengketa Tanah Melalui Mediasi dan Arbitase." Journal of Contemporary Law Studies 2, no. 1 (February 1, 2024): 75–84. http://dx.doi.org/10.47134/lawstudies.v2i1.2157.

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The aim of this article is to describe the form of land rescue resolution using normative juridical analysis techniques. Settlements and land-related cases are usually settled through the official legal system and the applicable courts. There are some studies on the settlement of land disputes in Indonesia. This research uses a qualitative descriptive method, namely explaining the phenomenon or relationship of a problem in text form. The data source for this research is obtained through primary and secondary data. Primary data from this research uses legal materials consisting of: 1) the 1945 Constitution; 2) the Civil Code; and 3) Law No. 30 of 1999 regarding arbitration and settlement. The results of this research show that the form of land dispute resolution through arbitration and mediation is very appropriate to use, considering that the costs are not expensive and do not cause losses to the parties in the dispute. Mediation is a dispute settlement process involving third parties as intermediaries to help the parties reach an agreement. Mediation has been used in the settlement of land disputes in various areas of Indonesia, such as Kelurahan Mauliru District of East Sumba and Yogyakarta City. Mediation and arbitration are also methods of dispute resolution involving neutral third parties. The application of mediation and arbitration in the settlement of land disputes is expected to bring about justice and legal certainty.
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Dissertations / Theses on the topic "Dispute settlement"

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Katjiuongua, Vivienne Elke. "Towards stakeholder participation in the initiation of WTO disputes : A case study for Namibia and SACU." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_5376_1233670341.

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The participation of African countries in the Dispute Settlement System (DSS) of the Worlt Trade Organisation ( WTO) is insignificant. This research seeks to find a suitable model/mechanism which meets the particular needs of developing countries. The practical aim of this reseach was to enhance active participation of various stakeholders in developing countries who may be adversely affected or who face potential damage by unfair trade pracices of other players in the brutal and complex battleground of world trade. Thus the research seeks to suggest a suitable legal framework which can be utilised by stakeholders in African countries as part of the process of trade dispute initiation when their interests are threatened or adversely affected.

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McCosker, Sarah. "Law and Diplomacy in International Dispute Settlement." Thesis, University of Oxford, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.508381.

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Zhang, Qi. "Consultation within WTO dispute settlement : a Chinese perspective /." Bern [u.a.] : Lang, 2007. http://www.loc.gov/catdir/toc/fy0710/2006048870.html.

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Mitchell, Andrew D. "The role of principles in WTO dispute settlement." Thesis, University of Cambridge, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.431500.

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Shucksmith-Wesley, Marc. "The Falklands (Malvinas) dispute : a critique of international law and the pacific settlement of disputes." Thesis, University of Nottingham, 2018. http://eprints.nottingham.ac.uk/52214/.

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This thesis brings a focusing lens on one of history’s most intractable and protracted territorial disputes, that between the United Kingdom and Argentina over the non-self-governing territory known as the Falklands (Malvinas), an archipelago of 200 islands, some 480 miles north-east of Cape Horn, Argentina. For Argentina, the ‘Malvinas are a constantly bleeding wound, flesh torn from the body that is Argentina’. To the United Kingdom, the territory represents one of the last vestiges of its once vast empire, having held effective control of the territory since 1833, other than for a short period in 1982 following an Argentine use of military force. The facts, history, law, and politics of this dispute all act in concert to create a picture that is so highly nebulous that a clear view as to which State should hold territorial sovereignty has yet to emerge, with there being legitimately argued positions in favour of both disputing States. At the heart of this thesis is a critical analysis of the history, the legal arguments, and the methodologies of international lawyers in order to examine the effectiveness of international law as a dispute settlement mechanism. In doing so, this thesis ascertains whether international law has a role to play in resolving this most entrenched of international disputes. This re-evaluation of the value of international law, through a critical lens, argues that international law does have the potential to assist in the resolution of the dispute. However, this is only possible if political leaders are ready to grasp on to that opportunity, and to make use of diplomatic means of dispute settlement, at the critical moment when the dispute becomes ripe, at times of significant political change. It is in these moments that international law could prove to be the guiding hand that may assist with the normalisation of relations between Argentina and the UK.
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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.

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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.

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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.

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Wang, Yinan. "Handling the U.S.-China Intellectual Property Rights Dispute – the Role of WTO’s Dispute Settlement System." Miami University / OhioLINK, 2012. http://rave.ohiolink.edu/etdc/view?acc_num=miami1336224534.

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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.

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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.
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Filippidis, Mariel Solange. "Developing a dispute settlement system for the free trade area of the Americas : a comparison of some aspects of the dispute settlement mechanisms of the GATTWTO and certain regional and bilateral dispute settlement systems of the western hemisphere." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=21680.

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Within the context of the current negotiations over the Free Trade Area of the Americas, there is an unquestionable need to create a system to resolve disputes that may arise between the state parties. Since new dispute settlement systems are often developed by borrowing and learning from past experiences, this thesis examines and compares certain aspects of the dispute settlement mechanisms of the World Trade Organization and certain regional and bilateral agreements signed in the western hemisphere. The result of the analysis is a set of proposals about which of these aspects could be effectively integrated into the design of the dispute settlement system of the Free Trade Area of the Americas.
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Books on the topic "Dispute settlement"

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Koopmans, Sven M. G. Diplomatic Dispute Settlement. The Hague: T.M.C. Asser Press, 2008. http://dx.doi.org/10.1007/978-90-6704-675-6.

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Schmitthoff, Clive M. Extrajudicial dispute settlement. Deventer: Kluwer, 1985.

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Merrills, J. G. International dispute settlement. 2nd ed. Cambridge: Grotius Publications (CUP), 1995.

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1958-, O'Connell Mary Ellen, ed. International dispute settlement. Aldershot: Ashgate Dartmouth, 2003.

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Merrills, J. G. International dispute settlement. 2nd ed. Cambridge: Grotius Publications, 1991.

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Dispute settlement. New York: United Nations, 2003.

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International dispute settlement. 2nd ed. Cambridge: Cambridge University Press, 1993.

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Merrills, J. G. International Dispute Settlement. Cambridge University Press, 2006.

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Merrills, J. G. International Dispute Settlement. Cambridge University Press, 2005.

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Staff, World Trade Organization, and Bernan Press Staff. Dispute Settlement Decisions. Rowman & Littlefield Publishers, Incorporated, 2011.

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Book chapters on the topic "Dispute settlement"

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Liang, Shuang. "Dispute Settlement." In Legal Aspects of Privately Financed Infrastructure Projects (PFIPs) in China, 165–87. Singapore: Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-15-6803-9_7.

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Núñez, Jorge E. "Dispute settlement." In Territorial Disputes and State Sovereignty, 91–116. Abingdon, Oxon; New York, NY : Routledge, 2021. | Series: Routledge research in international law: Routledge, 2020. http://dx.doi.org/10.4324/9780429273254-5.

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Hofmann, Rainer, Juliane Kokott, Karin Oellers-Frahm, Stefan Oeter, and Andreas Zimmermann. "Dispute Settlement." In World Court Digest, 111–15. Berlin, Heidelberg: Springer Berlin Heidelberg, 1993. http://dx.doi.org/10.1007/978-3-662-37779-6_15.

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Li, Yuwen, and Cheng Bian. "Dispute settlement." In China's Foreign Investment Legal Regime, 182–202. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003168805-8.

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Wang, Yan. "Labour Dispute Settlement." In Chinese Labour Law, 195–216. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-8101-1_10.

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Ajibo, Collins C. "Dispute Settlement Frameworks." In The African Continental Free Trade Area Agreement, 212–29. London: Routledge, 2024. http://dx.doi.org/10.4324/9781003472513-12.

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Koopmans, Sven M. G. "Introduction." In Diplomatic Dispute Settlement, 1–8. The Hague: T.M.C. Asser Press, 2008. http://dx.doi.org/10.1007/978-90-6704-675-6_1.

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Koopmans, Sven M. G. "Diplomatic Dispute Settlement AND INTER-STATE CONCILIATION." In Diplomatic Dispute Settlement, 9–70. The Hague: T.M.C. Asser Press, 2008. http://dx.doi.org/10.1007/978-90-6704-675-6_2.

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Koopmans, Sven M. G. "The Development of Inter-State Conciliation." In Diplomatic Dispute Settlement, 71–121. The Hague: T.M.C. Asser Press, 2008. http://dx.doi.org/10.1007/978-90-6704-675-6_3.

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Koopmans, Sven M. G. "Conciliation and The Law." In Diplomatic Dispute Settlement, 123–65. The Hague: T.M.C. Asser Press, 2008. http://dx.doi.org/10.1007/978-90-6704-675-6_4.

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Conference papers on the topic "Dispute settlement"

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Yuniarti, S. "Online Dispute Resolution as Future Dispute Settlement in Indonesia." In Proceedings of The 1st Workshop Multimedia Education, Learning, Assessment and its Implementation in Game and Gamification, Medan Indonesia, 26th January 2019, WOMELA-GG. EAI, 2019. http://dx.doi.org/10.4108/eai.26-1-2019.2283268.

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Wang, Peng. "Did the Preliminary Objections Judgment Resolve the Chagos Archipelago Sovereignty Dispute?" In COFOLA International 2022. Brno: Masaryk University Press, 2022. http://dx.doi.org/10.5817/cz.muni.p280-0231-2022-5.

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Noticing the conclusion of the Preliminary Objections Judgment in the case of Mauritius vs. Maldives Maritime Delimitation, this paper asks whether the Special Chamber’s decision has resolved the sovereignty dispute over the Chagos Archipelago. It re-examines the conclusion that the continued claim of the United Kingdom to sovereignty over the Chagos Archipelago is a mere assertion and the UK has no legal interest in it. This paper argues that the legal system has a self-reproducing nature by which the Special Chamber regenerates decisions already established in the legal system as the distinction between lawful and unlawful is the most fundamental determination of this system. In this sense, the confirmation of the Advisory Opinion of the International Court of Justice by the Special Chamber should be regarded as a consequence of its subjectivity and the fact that it almost distinguishes the legal system from other systems outside the law. From a perspective outside the legal system, the claim of courts that its role of “dispute settlement” is more like “case settlement”, since courts are resolving disputes after legalization, not the disputes themselves. The de facto settlement of disputes should be based on the elimination of the interests or claims of the disputing parties. In this sense, dispute settlement depends on how the legal and political systems work together in a coupling relationship.
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Kurniawan, Faizal, Laila Andaretna, Michael Budianto, Ridho Septarianto, and Prawitra Thalib. "Transformation of Construction Contract Dispute Settlement Through Dispute Adjudication Board." In Proceedings of the 5th International Conference on Indonesian Legal Studies, ICILS 2022, 27-28 July 2022, Semarang, Central Java, Indonesia. EAI, 2023. http://dx.doi.org/10.4108/eai.27-7-2022.2342462.

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Rasji. "Settlement of Policy Regulation Dispute Through Mediation." In Arbitration and Alternative Dispute Resolution International Conference (ADRIC 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200917.019.

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Alexandrov, Andrey. "ON THE CORRELATION BETWEEN THE OUT-OF-COURT MECHANISMS FOR RESOLVING COLLECTIVE LABOR DISPUTES UNDER THE SETTLEMENT OF COLLECTIVE LABOR DISPUTES ACT AND THE MEDIATION." In THE MEDIATION IN THE DIFFERENT PUBLIC SPHERES 2022. University publishing house "Science and Economics", University of Economics - Varna, 2022. http://dx.doi.org/10.36997/mdps2022.11.

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The study draws a parallel between out-of-court mechanisms for resolving collective labor disputes regulated by the Settlement of Collective Labor Disputes Act and the mediation. Based on the outlined similarities between them, the thesis is argued that there are two parallel and overlapping mechanisms for settling these disputes. Therefore, there is an obvious need for the special Settlement of Collective Labor Disputes Act to clearly define which disputes can be resolved through the methods provided for in it, in particular labor arbitration, as well as to normatively determine the correlation between the procedures under the Settlement of Collective Labor Disputes Act and the Mediation Act. It is logical for legal entities and individuals to distrust the use of alternative dispute resolution mechanisms if they do not give them certainty that they will achieve a result like the judicial one.
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Permatasari, Ane, Muhammad Iqbal, and Akhmad Habibullah. "Industrialization Relation Dispute Settlement Model in Indonesia." In International Conference on Sustainable Innovation Track Humanities Education and Social Sciences (ICSIHESS 2021). Paris, France: Atlantis Press, 2022. http://dx.doi.org/10.2991/assehr.k.211227.032.

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Djaja, Benny. "Amicable Settlement Through Mediation in Land Disputes." In Arbitration and Alternative Dispute Resolution International Conference (ADRIC 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200917.014.

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Kunarti, Siti, Mr Kartono, and Sri Hartini. "Deliberation for Consensus in Mediating Industrial Dispute Settlement." In 2018 3rd International Conference on Education, Sports, Arts and Management Engineering (ICESAME 2018). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/amca-18.2018.136.

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Munte, Herdi, and Mirza Nasution. "Administrative Dispute Settlement Local Leaders Election in Indonesia." In International Conference on Law, Governance and Islamic Society (ICOLGIS 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200306.188.

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Jayamaha, Samurdhi, and Kushanthi Harasgama. "Third-Party Financing in Investor-State Dispute Settlement: For Better or for Worse?" In SLIIT International Conference on Advancements in Sciences and Humanities 2023. Faculty of Humanities and Sciences, SLIIT, 2023. http://dx.doi.org/10.54389/ghuk3926.

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The proliferation of international investments during the past few decades has contributed to the rise in the number of disputes that are submitted to Investor-State Dispute Settlement forums. Concomitantly, the criticisms of the conventional ISDS have also increased. Critics often refer to certain inherent flaws in the system inter alia the involvement of third-party financing for ISDS cases. With the growing costs and the significant interests involved in investment disputes, ‘investment claims’ themselves have emerged as a new class of assets that international actors pursue. In such circumstances, this study attempts to evaluate the existence of TPF for ISDS claims, and how that could contribute to or undermine the essence of ISDS, as an impartial dispute settlement mechanism which balances and accommodates diverse interests of the parties involved, namely, the largely commercial interests of the investors and the macro-economic, public and social interests of the host states. This study was conducted as a library-based study with relevant case law being analysed to comprehend the trend of TPF in ISDS cases. Evidently, TPF is not unwelcoming in its entirety. While it could inter alia provide financial support for meritorious claims which are otherwise unable to withstand the rising costs of ISDS which is positive, it could also have the negative effect of inter alia untenably increasing the number of ISDS cases by minimising the risk factor and possibly encouraging marginal claims. The paper concludes by recommending both the bilateral treaties and the international arbitration institutions should strive to achieve transparency in the matter of ISDS where TPF is involved.
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Reports on the topic "Dispute settlement"

1

ICTSD, ICTSD. WTO Dispute Settlement. ICTSD International Centre for Trade and Sustainable Development, 2012. http://dx.doi.org/10.7215/ds_in_20120502b.

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Jackson, John. WTO Dispute Settlement Experience. Inter-American Development Bank, March 2002. http://dx.doi.org/10.18235/0012238.

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Kovenock, Dan, and Marie Thursby. GATT, Dispute Settlement and Cooperation. Cambridge, MA: National Bureau of Economic Research, May 1992. http://dx.doi.org/10.3386/w4071.

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Maggi, Giovanni, and Robert Staiger. Breach, Remedies and Dispute Settlement in Trade Agreements. Cambridge, MA: National Bureau of Economic Research, October 2009. http://dx.doi.org/10.3386/w15460.

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Bown, Chad. China's WTO Entry: Antidumping, Safeguards, and Dispute Settlement. Cambridge, MA: National Bureau of Economic Research, August 2007. http://dx.doi.org/10.3386/w13349.

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Research Institute (IFPRI), International Food Policy. Is the WTO dispute settlement procedure fair to developing countries? Washington, DC: International Food Policy Research Institute, 2019. http://dx.doi.org/10.2499/p15738coll2.133313.

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Bianchi, Eduardo. Food products, the WTO dispute settlement system and trade remedies. Washington, DC: International Food Policy Research Institute, 2021. http://dx.doi.org/10.2499/p15738coll2.134829.

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Glauber, Joseph W., and Xiaorong Xing. WTO dispute settlement cases involving the agreement on agriculture, 1995–2019. Washington, DC: International Food Policy Research Institute, 2020. http://dx.doi.org/10.2499/p15738coll2.133681.

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Horn, Henrik, Joseph Francois, and Niklas Kaunitz. Trading Profiles and Developing Country Participation in the WTO Dispute Settlement System. Geneva, Switzerland: International Centre for Trade and Sustainable Development, 2008. http://dx.doi.org/10.7215/ds_ip_20081218.

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Pfitzer, James Headen, and Sheila Sabune. Burden of Proof in WTO Dispute Settlement: Contemplating Preponderance of the Evidence. Geneva, Switzerland: International Centre for Trade and Sustainable Development, 2009. http://dx.doi.org/10.7215/ds_ip_20090421.

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