To see the other types of publications on this topic, follow the link: Dispute settlement.
Journal articles on the topic 'Dispute settlement'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Dispute settlement.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
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.
Full textAbstract:
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.
2
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.
Full textAbstract:
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.
3
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.
Full textAbstract:
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
4
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.
Full textAbstract:
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.
5
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.
Full textAbstract:
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.
6
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.
Full textAbstract:
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
7
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.
Full textAbstract:
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.
8
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.
Full textAbstract:
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.
9
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.
Full textAbstract:
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.
10
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.
Full textAbstract:
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.
11
Dong, Limin. "Why International Conciliation Can Resolve Maritime Disputes: A Study Based on the Jan Mayen Case." Sustainability 15, no. 3 (January 18, 2023): 1830. http://dx.doi.org/10.3390/su15031830.
Full textAbstract:
The settlement of maritime disputes is an important issue faced by many countries. Choosing an appropriate settlement method is the primary task of policy makers. International conciliation, which results from careful and systematic evaluation, could become the primary choice of dispute settlement. During conciliation, parties have dominant and final decision-making power over the settlement of disputes, and there is flexibility in the application of law and procedural rules. The Conciliation Commission provides independent third-party advice, and the political and time costs of dispute settlements are relatively low. These are core advantages of conciliation that attract the attention of decision makers. The willingness and diplomatic relations of disputing parties, existence of external pressure, economization of delimitation, and capacity of the Commission are key factors that affect the success of conciliation. The roles these factors play depend on their controllability and the strength of the disputing parties. The effects of dispute settlement with the assistance of the Conciliation Commission are systemic. The successful settlement of maritime disputes between Norway and Iceland in the context of the Cold War not only demonstrated that conciliation is of great value in resolving maritime disputes and promoting inter-state relations but also had considerable uniqueness. Many questions regarding international conciliation cannot be clearly answered by the Jan Mayen Case. Increased state practice and further in-depth research are needed.
12
Han, Ziyue. "The Application Dilemma and Optimization Path of RCEP Dispute Settlement Mechanism." Advances in Economics, Management and Political Sciences 24, no. 1 (September 13, 2023): 346–53. http://dx.doi.org/10.54254/2754-1169/24/20230461.
Full textAbstract:
On January 1, 2022, the Regional Comprehensive Economic Partnership Agreement (RCEP), one of the world's largest free trade agreements, came into force. In order to breakthrough the dilemma faced by the current WTO dispute settlement mechanism, Chapter 19 of the RCEP sets up a particular international dispute settlement mechanism, providing global trade governance. This has injected new vitality into global trade governance. However, due to various reasons, the RCEP dispute settlement mechanism still has applicable dilemmas including the absence of a dispute management body, the inadequacy of dealing with disputes in the digital economy, and the absence of a special investor-state investment dispute settlement (ISDS) mechanism. Meanwhile, the participation of third parties in disputes may also bring problems in the actual operation and affect the efficiency of dispute settlement. These problems will affect the accomplishment of the RCEP objectives. Through the legal norm analysis method, specific solution measures are proposed for the optimization path of RCEP dispute settlement mechanism. There have some useful measures for parties to improve the dispute settlement mechanism, such as strengthening the governance in regional trade agreements, decreasing the differences in the interpretation and focusing on setting up a dispute management body.
13
Lakićević, Snežana, Jelena Matijašević, and Marija Jakovljević. "THE SIGNIFICANCE OF THE LAW ON AMICABLE RESOLUTION OF LABOR DISPUTES AND THE REVIEW OF THE PRACTICE THUS FAR." KULTURA POLISA 21, no. 1 (April 24, 2024): 242–65. http://dx.doi.org/10.51738/kpolisa2024.21.1r.242lmj.
Full textAbstract:
During the work process, numerous instances of dispute regarding the positions of the employees, or the interpersonal relations between them or between them and their employer may arise. In addition to the traditional judicial method of labor dispute resolution, it is necessary to develop independent and impartial negotiation mechanisms between the parties in the area of individual and collective labor disputes. In Serbia, these are certainly the arbitration settlement of individual and collective labor disputes, and conciliation as a method of resolving collective labor disputes within and through the Republic Agency for Peaceful Settlement of Labor Disputes. There are many benefits to peaceful labor dispute settlement. The goal of supplementary procedures, i.e. procedures for peaceful labor dispute resolution, is to relieve the traditional judicial approach and direct it to the procedures where a judicial settlement of the dispute is truly necessary. Besides the concept, advantages and characteristics of the amicable labor dispute settlement procedures, certain types of these procedures such as mediation, conciliation and arbitration are also analyzed in the theoretical section of this paper, as well as the most important provisions of the Employment Act and the Law on Amicable Resolution of Labor Disputes. In the research section of this paper, the practice of the Republic Agency for Peaceful Settlement of Labor Disputes in the procedures of amicable labor dispute settlement, both for the territory of the Republic of Serbia and the territory of the City of Novi Sad, is analyzed. The primary research data source was the official data of the Republic Agency for Peaceful Settlement of Labor Disputes. The paper is methodologically based on a theoretical analysis of relevant contemporary theoretical views, a normative analysis of legislative sources, and a quantitative analysis of statistical indicators in the domain of the research subject.
14
Setjoatmadja, Sylvia, Made Warka, Slamet Suhartono, and Hufron a. "THE PRINCIPLE OF RESTORATIVE JUSTICE IN TAX DISPUTE SETTLEMENT BY THE TAX COURT." International Journal of Advanced Research 9, no. 04 (April 30, 2021): 26–33. http://dx.doi.org/10.21474/ijar01/12653.
Full textAbstract:
Tax dispute resolution has a number of uniqueness. Its judiciary system takes a procedure starting from filing objections in the executive realm, appeals and filing lawsuits as well as judicial review in the judicial realm. All of these legal remedies do not delay the obligation of the tax payers to pay taxes and the task of Fiscus to collect taxes. Dispute settlement using administrative power has weaknesses as the resolver is one of the parties in the dispute (the Fiscus). Judicial branc of power come to play to settle tax disputes through the Tax Court. No cassation in the settlement of tax disputes as judicial remedies. All settlements of tax disputes are aim at otaining justice. When there is a tax dispute between Fiscus and the Taxpayers the path of mediation is advised. This normative legal research has found that mediation in the settlement of tax disputes by the Tax Court is a form of Dignified Restorative Justice in the form of Dignified Mediation as it is in line with the Pancasila values and virtues. The diversion from conventional processes through mediation is also humanistic in nature, namely the effort to humanize humans, the manifestation of the Pancasila Legal System.
15
Melki T. Tunggati. "Projection of Predatory Pricing Dispute Resolution in The Context of Business Competition Between UMKM in The Digital Economy Era Based on Win-Win Solution." JILPR Journal Indonesia Law and Policy Review 5, no. 2 (February 19, 2024): 336–48. http://dx.doi.org/10.56371/jirpl.v5i2.216.
Full textAbstract:
Predatory pricing disputes between UMKM have been in the public spotlight since the alleged practice of predatory pricing by UMKM businesses selling through the Tik-Tok Shop application. UMKM players in the Jakarta Tanah Abang Market suffered losses due to lack of visitors because the products sold through the Tik-Tok Shop application were twice as cheap. Government policy by modifying the Regulation of the Minister of Trade as a responsive effort in anticipating Predatory Pricing disputes, instead causing losses to Tik-Tok Shop UMKM actors. This research aims to analyze the regulation of Predatory Pricing dispute settlement on business competition practices among UMKM, as well as to offer ideas on the projection of Predatory Pricing dispute settlement on business competition practices among UMKM based on win-win solution. This is a normative research, with statutory, conceptual and comparative law approaches, and analyzed perscriptively. The results of this research show that, First, the Law on Business Competition and Anti-Monopoly, the Law on UMKM, the Law on Trade and the Regulation of the Minister of Trade on PMSE have not regulated the dispute settlement of Predatory Pricing practices in the context of Business Competition between UMKM. Second, the projection of Predatory Pricing dispute settlement in business competition among UMKM must be done by optimizing out-of-court settlements, involving the role of UMKM organizations in Indonesia, assessing with the Rule of Reason approach, and containing business competition dispute settlement norms in the UMKM Law.
16
Hien, Ho Ngoc, and Le Lan Anh. "CRITICAL ASSESSMENTS OF ANTI-DUMPING DISPUTES SETTLEMENT MECHANISM AT THE WTO AND VIETNAM’S PARTICIPATIONS." American Journal of Political Science Law and Criminology 5, no. 8 (August 1, 2023): 55–62. http://dx.doi.org/10.37547/tajpslc/volume05issue08-11.
Full textAbstract:
Anti-dumping disputes are types of trade disputes in international trade. There are more and more countries actively conducting anti-dumping investigations on imported goods, including Vietnam’s export goods. Many decisions taken by the Authorities have not received the approval of the involved parties. As a result, disputes over anti-dumping investigations happen. The settlement of anti-dumping disputes has become a necessity for parties to protect their legitimate rights and interests. This prompted the establishment of a dispute settlement body between member countries of the WTO including disputes related to anti-dumping matters. The objectives of this article are to analyze the mechanism of anti-dumping dispute settlement under WTO regulations; use case studies of anti-dumping dispute settlement of WTO to evaluate the role of WTO in anti-dumping dispute settlement mechanism in general; and most importantly, review the effectiveness of Vietnam’s participation as a complainant, respondent, or a third party.
17
FROESE, MARC D. "Mapping the Scope of Dispute Settlement in Regional Trade Agreements: Implications for the Multilateral Governance of Trade." World Trade Review 15, no. 4 (March 22, 2016): 563–85. http://dx.doi.org/10.1017/s1474745616000057.
Full textAbstract:
AbstractThis article argues that the inclusion of provisions for the settlement of disputes in regional trade agreements enhances, rather than disrupts, the centrality of the World Trade Organization's dispute settlement system. Using a dataset that organizes exclusion clauses and special provisions for dispute settlement in regional trade agreements, the study develops a thematic typology that is used to examine the ways that disputes may be channelled between regional and multilateral dispute settlement institutions. This comparative empirical dimension offers a more accurate picture of the global contours of regionalization as they relate to the juridical aspects of trade governance, suggesting that the decentralization of dispute settlement inferred by the rapid development of regional bodies has been overstated.
18
Serdiuk, Olexandr Vasiliovich, and Georgiy Viktorovich Grabchak. "Problematic issues of submitting of counterclaims in International centre for settlement of investment disputes." Problems of Legality, no. 155 (December 20, 2021): 238–53. http://dx.doi.org/10.21564/2414-990x.155.239558.
Full textAbstract:
The counterclaim institute is one of crucial legal defense options during the dispute settlement in domestic and international jurisdictions; investment arbitration is not an exception. The most famous dispute settlement platform is International centre for settlement of investment disputes (ICSID). One of the key ideas of establishment of such a dispute settlement instrument was an implementation of autonomous and objective system of Investor-states dispte sttlement (ISDS) by the “independent forum”. While procedural rights of ISDS parties are conceptually equal. However, the concept of equal procedural rights of ISDS parties has not been translated into reality. Notwithstanding the fact that the counterclaim institute is an important instrument of ensuring the objectivity and comprehensiveness of the dispute settlement, tribunal`s approaches are “restrictive” and “cautious”.Taking into account that States are “perpetual respondent” in ICSID, problematic issues of submitting of counterclaims influence the realization of interest of the State in ICSID. Problematic issues of submitting of counterclaims clearly show the imbalance of the exercise of procedural rights by the respondent-state.The article is intended to draw the attention of readers to problematic issues of submitting of counterclaims in ICSID and on the alternative view of the isuue.
19
Jyoti and A. S. Sidhu. "Satisfaction of Textile Workers with Awards/Settlements: An Empirical Analysis." Management and Labour Studies 30, no. 3 (August 2005): 236–46. http://dx.doi.org/10.1177/0258042x0503000303.
Full textAbstract:
The Indian industrial relations model is based on the free enterprise-cum-planning-cum-growing public sector-cum parliamentary democracy model of growth. For the purpose of securing peace in industry and to give a fair deal to the workers, Indian industrial relations system has also designed different organs for the settlement of industrial disputes. Two methods are generally followed in the state of Punjab as well as in the country as a whole to deal with the industrial disputes viz., (1) Direct settlement, and (2) Third party settlement. A number of studies have been carried out to evaluate the performance of dispute settlement at the state and national levels. However authors feel that efficiency is not the only criterion to analyse the performance of dispute settlement machinery. Effectiveness, i.e., whether it makes parties, especially the workers, satisfied with those awards/settlements, can be another criterion to evaluate the performance of dispute settlement machinery. The present study has been carried out to address this question. For this purpose an attempt has been made to identify the factors which discriminates the satisfied/dissatisfied group of workers with awards/ settlements. Stepwise discriminant analysis has found that out of thirteen variables only three variables, i.e., marital status of workers, awareness about past agreements, and preference for the method of settlement, have emerged as significant variables to predict the profile of satisfied workers in textile industry of Punjab. Hence, the null hypothesis that no significant difference exists in the profile of two groups in regard to their satisfaction level is rejected.
20
Tzeng, Peter. "Investment Protection in Disputed Maritime Areas." Journal of World Investment & Trade 19, no. 5-6 (October 15, 2018): 828–59. http://dx.doi.org/10.1163/22119000-12340112.
Full textAbstract:
Abstract Disputed maritime areas are often sources of valuable natural resources, but they are also often sources of conflict. It is thus important for investors investing in such areas to know the array of investment protection mechanisms available to them. This article examines four such mechanisms (dispute settlement under international investment agreements (IIAs), dispute settlement under the United Nations Convention on the Law of the Sea (UNCLOS), dispute settlement under contracts, and political risk insurance) in the context of three scenarios of disputed maritime areas (unregulated areas, joint development areas, and provisionally delimited areas). It concludes that dispute settlement under IIAs and UNCLOS face significant obstacles not only on jurisdiction and admissibility, but also on the merits. As a result, the most practical solution for investors is to rely on dispute settlement under contracts or political risk insurance to protect their investments.
21
Rifdah, Ayudia Nur, Mulyani Zulaeha, and Yulia Qamariyanti. "Commercial Business Dispute Settlement Through Online Non-Litigation Dispute Settlement in Indonesia." Lambung Mangkurat Law Journal 6, no. 2 (September 29, 2021): 267–87. http://dx.doi.org/10.32801/lamlaj.v6i2.247.
Full textAbstract:
The purpose of the research entitled Settlement of Commercial Business Disputes through Online Non-Litigation Dispute Resolution in Indonesia is to analyze the mechanism for resolving commercial business disputes through non-litigation in the form of ODR in Indonesia and its legal consequences. The research method is in the form of normative legal research, which is a method that uses statutory regulations, which are then analyzed and drawn conclusions from general matters into a specific conclusion. The results of the research obtained are, First: that the legal basis that contains and states implicitly regarding matters relating to ODR is contained in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, namely, the contents of the legal regulations also do not provide much clarity. Details on how the conditions for ODR are carried out, the ODR mechanism, and other explanations. Second, the Inconsistency Norm that occurs in regulations relating to dispute resolution through non-litigation ODR, namely between several articles in the AAPS Law, there is a discrepancy or contradiction between the rules or articles that apply, so that the legal rules become vague and unclear. Where according to several articles of the AAPS Law it is stated that the Arbitration dispute resolution process must be written, while according to other articles of the AAPS Law it can be online. There is a legal ambiguity in the non-litigation dispute resolution mechanism through ODR, so that the parties feel that there are no clear directions or instructions in resolving cases, this makes the process of non-litigation dispute resolution mechanisms through ODR not well directed, due to disharmony or inconsistency the rule of law, so that the rule of law becomes vague, vague and unclear. The solution to these legal issues is that the government should make legal regulations that specifically regulate ODR or revise Law Number 30 of 1999 and add articles related to ODR. To the Government to provide websites and institutions that can specifically handle non-litigation dispute resolution through ODR to handle commercial business dispute resolution.
22
Ayudia Nur Rifdah. "COMMERCIAL BUSINESS DISPUTE SETTLEMENT THROUGH ONLINE NON-LITIGATION DISPUTE SETTLEMENT IN INDONESIA." Lambung Mangkurat Law Journal 6, no. 2 (September 29, 2021): 267–87. http://dx.doi.org/10.32801/abc.v6i2.127.
Full textAbstract:
The purpose of the research entitled Settlement of Commercial Business Disputes through Online Non-Litigation Dispute Resolution in Indonesia is to analyze the mechanism for resolving commercial business disputes through nonlitigation in the form of ODR in Indonesia and its legal consequences. The research method is in the form of normative legal research, which is a method that uses statutory regulations, which are then analyzed and drawn conclusions from general matters into a specific conclusion. The results of the research obtained are, First: that the legal basis that contains and states implicitly regarding matters relating to ODR is contained in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, namely, the contents of the legal regulations also do not provide much clarity. Details on how the conditions for ODR are carried out, the ODR mechanism, and other explanations. Second, the Inconsistency Norm that occurs in regulations relating to dispute resolution through non-litigation ODR, namely between several articles in the AAPS Law, there is a discrepancy or contradiction between the rules or articles that apply, so that the legal rules become vague and unclear. Where according to several articles of the AAPS Law it is stated that the Arbitration dispute resolution process must be written, while according to other articles of the AAPS Law it can be online. There is a legal ambiguity in the nonlitigation dispute resolution mechanism through ODR, so that the parties feel that there are no clear directions or instructions in resolving cases, this makes the process of non-litigation dispute resolution mechanisms through ODR not well directed, due to disharmony or inconsistency the rule of law, so that the rule of law becomes vague, vague and unclear. The solution to these legal issues is that the government should make legal regulations that specifically regulate ODR or revise Law Number 30 of 1999 and add articles related to ODR. To the Government to provide websites and institutions that can specifically handle non-litigation dispute resolution through ODR to handle commercial business dispute resolution.
23
Yuliyanto Waisapi, Jeffery. "The Role of The Construction Dispute Board in The Settlement of Construction Disputes." Eduvest - Journal of Universal Studies 3, no. 8 (August 21, 2023): 1498–505. http://dx.doi.org/10.59188/eduvest.v3i8.891.
Full textAbstract:
This study aims to analyze the role of the dispute board in the construction dispute resolution system in Indonesia. This study uses descriptive research methods. This method is used to describe and explain the phenomena that occur. The dispute board exists as an alternative to resolving construction disputes that can provide various benefits, such as saving time. The settlement of construction disputes in Indonesia is regulated in Article 88 of Law Number 2 of 2017 concerning services. In the settlement of construction disputes, the dispute Board has an important role in the settlement stages, such as mediation, conciliation, and arbitration. The dispute board can also play a role in maintaining justice and resolving disputes in a simple and friendly manner. This study analyze the position of the dispute board in the construction dispute resolution system in Indonesia and assess the existing arrangements. The results show full construction disputes occur in a contract because of differences in perception between service providers and service users so that it is necessary for a third party to be used as a facilitator to explain to each party in determining the contents of the agreement and its It is hoped that the results of this study can provide a better understanding of the role of the dispute board in the settlement of construction disputes in Indonesia.
24
Agung, Anak Agung Istri, and I. Nyoman Sukandia. "DISPUTES SETTLEMENT OF BALI TRADITIONAL INHERITANCE THROUGH PEACE AGREEMENT." NOTARIIL Jurnal Kenotariatan 6, no. 1 (June 15, 2021): 16–26. http://dx.doi.org/10.22225/jn.6.1.3613.16-26.
Full textAbstract:
The inheritance and the division of inheritance that is felt to be unfair is often a source of dispute. The disputes that occur can sometimes be resolved by making a peace agreement between the disputing parties. The peace desired by the parties is, of course, expected to end disputes/conflict and to provide legal certainty among those in dispute. However, sometimes peace agreements that have been made between those in dispute are disputed again in court. This study aims to examine the settlement of Balinese traditional inheritance disputes through a binding peace agreement between the parties make it. The method used in this study is a normative legal research, using a statute approach and a case approach. The result of this study showed that the settlement of Balinese indigenous inheritance disputes through a binding peace agreement of the parties that make it if the peace agreement is made based on the validity of the agreement as stipulated in article 1320 of the Civil Code, based on good faith as the principles in the law of the agreement, and must be made in the form of a notary deed is in accordance with the provisions for conciliation in book III of the Civil Code.
25
Andryawan, Andryawan. "DUALISME PENYELESAIAN SENGKETA KONSUMEN DI SEKTOR JASA KEUANGAN." Jurnal Muara Ilmu Sosial, Humaniora, dan Seni 1, no. 2 (February 1, 2018): 481. http://dx.doi.org/10.24912/jmishumsen.v1i2.1469.
Full textAbstract:
The estabilishment of alternative dispute settlement institutions in the financial service sector by financial services authorithy as if it wants to compete with the existence of consumer dispute settlement agency. The estabilishment institutions of alternative dispute settlement in the financial service sector on the basic of financial service authority regulatory law number 1 year 2014 on the financial service authority, while consumer dispute settlement agency formed by the law number 8 year 1999. Verdict generated by these two institutions are final and binding, however against the verdict institutions of alternative dispute settlement in the financial service sector cannot be impelemnted if the consumer does not accept the verdict, giving rise to the possibility for financial service businesses to submit district court (of justice). Another case with verdict of the consumer dispute settlement agency it can be objected in district court (of justice) by one of the parties does not accept the verdict. The prosecuting authority (competence) of the institutions of alternative dispute resolution financial service sector and consumer dispute resolution has not been regulation, so that dualism in handling consumer disputes settlement agency. This is evidenced by the many disputes between the consumer banking or non-banking and non-financial services businesses were marked by consumer dispute settlement agency. Therefore need for strict regulation regarding the authority or competence of an absolute judge of these two institutions and needs for improvement of the legislation to get around this legal weaknes shortcomings.
26
Huang, Jie (Jeanne), and Jiaxiang Hu. "Dispute Resolution Mechanisms and Organizations in the Implementation of One Belt, One Road Initiative: Whence and Whither." Journal of World Trade 52, Issue 5 (October 1, 2018): 815–37. http://dx.doi.org/10.54648/trad2018035.
Full textAbstract:
The existing dispute settlement mechanisms in the treaties concluded by China and under Chinese domestic law are insufficient to resolve all disputes related to the ‘One Belt, One Road (OBOR)’ Initiative. It is critically important for China to design dispute settlement mechanisms and organizations to facilitate the OBOR Initiative. This article suggests, for trade disputes, the first choice should be to refer the disputes between WTO members to the Dispute Settlement Body. The regional trade regimes may function as supplements. Investment disputes may be submitted to investor-state dispute resolution mechanisms including the ICSID under BITs. In the case of financial disputes, the newly established Asian Infrastructure Investment Bank may provide a platform for its members to settle their disputes. As for those countries which have neither acceded to the WTO nor joined other regional trade regimes, nor signed any FTAs or BITs with China, China may settle the disputes with them through government agreements like protocols, or refer the disputes either to domestic judicial bodies or to arbitration. The purpose for this is to ensure that dispute settlement under the OBOR Initiative will be more economical, efficient and enforceable.
27
Mbengue, Makane Moïse. "The Settlement of Trade Disputes." Law & Practice of International Courts and Tribunals 15, no. 2 (September 22, 2016): 207–48. http://dx.doi.org/10.1163/15718034-12341320.
Full textAbstract:
This article examines the question of whether the wto enjoys a monopoly over the settlement of trade disputes by examining the historical context of the Dispute Settlement Understanding of the wto, including early dispute resolution under the gatt and the goal behind the transformation leading to the wto of curbing potential unilateralism within the trade regime. It argues that this culminated in the intention to create a centralized rule-based system for the settlement of disputes, rather than an intention to create a monopoly for the wto. The article examines potential threats to the so-called monopoly, in particular with the proliferation of Regional Trade Agreements (rtas) and the development of Mutually Agreed Solutions (mas). It also addresses relevant case law to demonstrate that the wto does not and was not intended to enjoy a monopoly over trade disputes. Rather, the wto pursues the objective of strengthening the multilateral trading system rather than encouraging unilateral trade action, which would not appear to be undermined by resort to the dispute settlement mechanisms of relevant rtas or other dispute settlement mechanisms.
28
Riezdiani Restu Widyoningrum. "Penyelesaian Sengketa Investasi Asing Melalui Mekanisme Arbitrase Internasional (Studi Kasus: Rafat Ali Rizvi Melawan Republik Indonesia)." Student Research Journal 1, no. 3 (June 6, 2023): 274–91. http://dx.doi.org/10.55606/srjyappi.v1i3.339.
Full textAbstract:
One of the goals of the state is to create fair and prosperous society by carrying out development in various fields including the fields of economy, education and infrastructure. The country's development certainly requires large amounts of funds, but not all countries have these funds. The lack of funds which needed by the state is an entry point for investors to invest their capital, which is through foreign investment. Besides the investment, foreign investment also brings expertise, technology transfer, and can increase the productivity of the host country. However, the implementation of foreign investment do not always go well, investment problems will arise and in the end it can become foreign investment dispute. Investment dispute settlement is an important part of foreign investment in Indonesia and that is the form of protection for foreign investors. Investment disputes settlement in Indonesia begins with deliberation and consensus. If the deliberation and consensus not achieved, then the parties can take investment dispute settlement through international arbitration. The most common international investment dispute settlement mechanism is Investor-State Dispute Settlement (ISDS). Beside that, there is State-State Dispute Settlement (SSDS) mechanism. Submission of international investment disputes can be submitted to international arbitration forums, through International Centre for Investment Dispute (ICSID). One of the cases of foreign investment disputes that involved Indonesia is between Rafat Ali Rizvi and Republic of Indonesia.
29
Falls, Scott. "Outsourcing FTA Dispute Settlement Administration to Third-Party International Arbitral Institutions: Opportunities and the Role of the Permanent Court of Arbitration." Law & Practice of International Courts and Tribunals 19, no. 1 (April 14, 2020): 49–78. http://dx.doi.org/10.1163/15718034-12341416.
Full textAbstract:
Abstract With the future viability of WTO dispute settlement being uncertain, states may be required to rely on the dispute settlement mechanisms of their FTAs to provide a forum for litigating international trade disputes. Given however that these mechanisms have historically been inefficient and ineffective, it would be judicious for states to consider delegating the administrative functions of FTA dispute settlement to a third-party arbitral institution in order to remedy these deficiencies. This article analyzes both the factors impelling states to consider contracting out the administrative function of FTA dispute settlement, as well as the potential benefits states can reap by pursuing this strategy. Assessing the strengths and potential drawbacks of delegating FTA dispute settlement administration to the Permanent Court of Arbitration in particular, this article argues that the PCA is well positioned to undertake effective and efficient administration of FTA trade disputes.
30
Guan, Han. "On the Reform of WTO Dispute Settlement Mechanism and Suggestions." Advances in Economics, Management and Political Sciences 71, no. 1 (January 18, 2024): 185–91. http://dx.doi.org/10.54254/2754-1169/71/20241487.
Full textAbstract:
WTO dispute settlement is a very important mechanism for settling international trade disputes, which plays an important role in promoting the stable development of international trade and creating a fair and just international trade environment. However, with the change of political and economic situations, dispute settlement mechanism has appeared more and more malpractice, including the lengthy and inefficient procedures, the unreasonable regulation of implementation and so on. The dispute settlement mechanism is now facing a crisis as a result of the closure of the Appellate Body. Expediting the process of reforming the dispute settlement mechanism is necessary so as to make sure that the dispute settlement mechanism remains effective in facilitating international trade. Although countries have made some suggestions, it has not reached agreement on the specific scheme of the reform. This article focuses on the issue of dispute settlement mechanism analysis and puts forward reform proposals so as to promote the further improvement of the dispute settlement mechanism.
31
Khan, Ali Nawaz, Zaheer Iqbal Cheema, and Jawwad Riaz. "Role of Actors and Factors for the Emergence of Contemporary Regime of Investor-State Dispute Settlement." Global Management Sciences Review V, no. IV (December 30, 2020): 40–47. http://dx.doi.org/10.31703/gmsr.2020(v-iv).05.
Full textAbstract:
Dispute resolution mechanism happened to be the fundamental aspect of the protectionist discourse of foreign investment. The consistent efforts were rolled out on behalf of international economic organizations such as UNO, OECD and IBRD of World Bank Group for the establishment of an impartial forum for the settlement of investment disputes. The opposite approaches of capital-exporting developed economies and less developed recipients of foreign capital lead certain attempts to failure to build consensus for dispute resolution mechanism relating to foreign investments. The World Bank started its effort for a specialized forum for investor-state dispute settlements in 1961. This effort remained successful in building consensus for exclusive jurisdiction for investment disputes. The members of the World Bank Group adopted the international convention on the settlement of investment disputes between states and nationals of other states, 1965, i.e. ICSID Convention. The paper has concluded that the efforts of international organizations and the large-scale recognition of the ICSID mechanism have ensured the legitimacy of the system.
32
Glodić, Duško. "Mirno rješavanje međudržavnih sporova – određeni aspekti upotrebe diplomatskih i pravnih sredstava / Peacefull Settlement of Interstate Disputes – Certain Aspects of the Use of Diplomatic and Judicial Means." Годишњак факултета правних наука - АПЕИРОН 6, no. 6 (July 11, 2016): 151. http://dx.doi.org/10.7251/gfp1606151g.
Full textAbstract:
Development of inter-state relationships may lead to the point where diverging attitudes of States appear regarding a concrete issue. In certain situations, this divergence can be treated as a dispute, either of diplomatic or legal nature. All States are due to settle their disputes by peaceful means, which further implies their duty to undertake measures to overcome the dispute. The use of force is, in principle forbidden in the dispute settlement. The International Law and diplomacy have developed a number of means for dispute settlement. Those means are grouped in two sets: diplomatic and judicial means. The practice shows the use of different means, but it is not unusual that several means may be used to settle the same dispute, either consecutively or simultaneously. This paper attempts to assess whether it is possible to identify a set of rules in the International Law that are encouraging use of particular dispute settlement means. The paper concludes that concensualism is the governing principle of dispute settlement under the International law, which connotes that the parties to a dispute, either ex ante or ex post have to agree, explicitly or implicitly, what dispute settlement means to apply in the concrete case. Given the prevailing significance of concensualism, as the governing principle in the area of dispute settlement, it is difficult to identify some general rules which would define what means to use at what stage. It is quite impossible to pre-determine what dispute settlement means would be used by the parties in a concrete settlement process. Never the less, certain level of predictability exists if the parties agreed in advance on the manner in which disputes are to be settled. The findings and conclusions in this paper are based on the exploration of available cases from the international practice and writings by scholars.
33
Astuti, Hesti Dwi. "KENDALA PENYELESAIAN SENGKETA KONSUMEN MELALUI BADAN PENYELESAIAN SENGKETA KONSUMEN (BPSK)." Jurnal Hukum Mimbar Justitia 1, no. 2 (October 11, 2017): 572. http://dx.doi.org/10.35194/jhmj.v1i2.41.
Full textAbstract:
Empowering costumers is a form of awareness on the specific characteristics in the world of costumers, the different interest among different parties which have various bargaining positions, has been given space in the field of costumer dispute settlement which is a good policy in empowering costumers. A special institution which has been appointed to resolve costumer disputes is the Costumer Dispute Settlement Agency (BPSK). Costumer Dispute Settlement Agency is an independent agency or institute, a public agency which has the duty and authority such as implementing the handling and settlement of disputes between costumers and businessmen. Based on the duties and authorities of BPSK, the costumer dispute settlement mechanisms should be registered to the nearest BPSK. The examination based on the request of the costumer is done just like proceedings in the General Court and the decision made by BPSK is final. However, during the implementation of their duties in settling costumer disputes, BPSK is facing some obstacles such as lack of technical guidance in regulating aspects related to procedural law, constrained by the human resources of BPSK members, the lack of understanding and awareness of costumers and also constrained by operating costs. Therefore, the improvement of the structure and legal culture needs to be done by socializing the costumer protection law to the public.Keywords : Costumer Dispute, Costumer Dispute Settlement Agency, Costumer Protection.
34
Eddy. "The Role of the Dispute Settlement Body (DSB) in the Settlement of Trade Disputes Between Member Countries of the World Trade Organization (WTO)." Jurnal Hukum Prasada 10, no. 1 (March 14, 2023): 36–42. http://dx.doi.org/10.22225/jhp.10.1.2022.36-42.
Full textAbstract:
The flow of globalization that is taking place more rapidly at this time makes free trade no longer unstoppable. The dominance of the WTO in regulating the international trade system cannot be separated from the rapid and dynamic economic growth and development among nations. In this development, disputes between countries in international trade will certainly occur. This research aims to examine the role of the Dispute Settlement Body (DSB) in the settlement of trade disputes between member countries of the World Trade Organization (WTO). This research uses a normative legal research method and data collection is done by literature study. The results of this study showed that the dispute resolution system through the Dispute Settlement Body of the WTO is set forth in the Understanding of Rules and Procedures Governing the Settlement of Disputes. The substance of the provisions contained in this section is the interpretation and implementation of the provisions of Article III of the GATT of 1947 and the implementing agency is the Dispute Settlement Body. The institution is part of the WTO General Council so all member countries are bound by its rules and regulations and have the same right to use the existence of the Dispute Settlement Body.
35
Ngangjoh-Hodu, Yenkong. "Re-constructing Dispute Settlement Mechanism in Trade and Investment Agreements: Key Considerations for the PACER Plus Negotiating Parties." Global Trade and Customs Journal 10, Issue 9 (September 1, 2015): 291–307. http://dx.doi.org/10.54648/gtcj2015036.
Full textAbstract:
The last few decades have been characterized by a proliferation of Regional Trade Agreements (RTAs) which cover, inter alia, trade in goods, trade in services and investment. Hundreds of these agreements are currently in operation while a significant number are still currently being negotiated. The Pacific Agreement on Closer Economic Relations Plus (PACER Plus) falls under the latter category. While the launching of PACER Plus negotiations has been hailed by contracting parties as a development and integration instruments, the issue of the nature of dispute settlement in a final agreement that will cover both trade and investment has been a polarizing one. Taking inspiration from the World Trade Organization (WTO) dispute settlement system and the dispute settlement system established under the North American Free Trade Agreement (NAFTA), this paper will examine the relevance of disputes settlement mechanism in trade and investment agreements. In so doing, it will answer a fundamental question namely whether a single dispute settlement system should be established under PACER Plus or whether it would be necessary to establish a separate mechanism for settling trade disputes and another for investment disputes as is the case under NAFTA owing to the specificities of investment disputes.
36
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.
Full textAbstract:
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
37
Kyrii, O. A. "LEGAL NATURE AND CONTENT OF THE AGREEMENT BASED ON THE RESULTS OF PRE-TRIAL SETTLEMENT ADMINISTRATIVE AND LEGAL DISPUTES." Constitutional State, no. 53 (April 15, 2024): 52–62. http://dx.doi.org/10.18524/2411-2054.2024.53.300721.
Full textAbstract:
The article clarifies the essence and reveals the content of the legal nature of an agreement based on the results of the pre-trial settlement of administrative and legal disputes. The content of the agreement based on the results of the pre-trial settlement of public law disputes is investigated. As a result of the study, it is established that scholars often refer an agreement based on the results of pre-trial settlement of a public law dispute to a certain branch of law, namely, they consider it to be a type of civil law or administrative law contract. The author identifies the essential features of an agreement based on the results of the procedure for pre-trial settlement of administrative and legal disputes. The author analyses the main problematic aspects of determining the legal nature of an agreement concluded by the parties to a public law dispute following the pre-trial dispute resolution procedure. The author establishes that if pre-trial settlement of public law disputes is distinguished as an independent procedure, there will be no need for additional procedural mechanisms for certification of the agreement on reconciliation of the parties based on the results of pre-trial settlement of a dispute. The author concludes that an agreement on the results of pre-trial dispute settlement is a favourable pre-trial means of dispute resolution which allows the parties which have entered into such an agreement to achieve satisfactory results, resolve their problems and save time and resources of the court for the administration of justice. It is concluded that an agreement on the results of pre-trial settlement of an administrative legal dispute is concluded in the number of copies in accordance with the number of parties – one for each party and one copy for a judge-mediator (mediator) and comes into force on the day of its approval by a judge of a district administrative court.
38
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.
Full textAbstract:
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
39
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.
Full textAbstract:
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.
40
Woon, Walter. "Dispute Settlement in ASEAN." Korean Journal of International and Comparative Law 1, no. 1 (2013): 92–104. http://dx.doi.org/10.1163/22134484-12340012.
Full textAbstract:
Abstract The ASEAN Charter entered into force on 15 December 2008. The Charter marks a significant milestone in ASEAN’s evolution, creating a legal foundation for the organisation. ASEAN’s professed aim is to become a rules-based organisation rather than just a conglomeration of nation states sharing only geographical proximity. The key to this ambition is the creation of mechanisms for the settlement of disputes and disagreements amongst the member states. There have been three major disputes between ASEAN member states that have proceeded to adjudication by the International Court of Justice: the Ligitan/Sipadan case between Indonesia and Malaysia, the Pedra Branca case between Malaysia and Singapore and the Preah Vihear case between Cambodia and Thailand. The Preah Vihear dispute flared up after the entry into force of the Charter. The way this was handled sheds an interesting light on the way that ASEAN deals with disputes.
41
Doly, Denico. "SETTLEMENT OF BANKING DISPUTE IN INDONESIA." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 25, no. 3 (March 31, 2014): 554. http://dx.doi.org/10.22146/jmh.16077.
Full textAbstract:
This article talks about dispute between costumer and the bank. Settlement of disputes should be resolved by the principle of fast, accurate and cheap. Issues raised in this paper is how an ideal dispute resolution process to resolve dispute banking. This paper describes the advantages and disadvantages in any dispute resolution process both through litigation and non litigation. Based in the principles of fast, accurate and cheap it is explained that banks in Indonesia must resolve their disputes through non litigation or ADR. Tulisan ini membicarakan mengenai penyelesaian sengketa antara nasabah dengan bank. Penyelesaian sengketa harusnya diselesaikan dengan prinsip cepat, tepat dan murah. Permasalahan yang diangkat dalam tulisan ini yaitu bagaimana proses penyelesaian sengketa yang ideal dalam menyelesaikan sengketa perbankan. Tulisan ini menggambarkan mengenai kelebihan dan kekurangan dalam setiap proses penyelesaian sengketa baik melalui jalur litigasi maupun non litigasi. Berdasarkan prinsip cepat, tepat dan murah maka dipaparkan bahwa perbankan di Indonesia harus menyelesaikan sengketanya melalui jalur non litigasi atau ADR.
42
Syariffudin Zaki, Muhammad Reza, Kyle Pietra Inggil, David Axel Irawan, and Benedicta Nasya Averine. "EXTRATERRITORIALITY PRINCIPLE IN INVESTMENT DISPUTE SETTLEMENT UNDER ASEAN ENHANCED DISPUTE SETTLEMENT MECHANISM." Transnational Business Law Journal 4, no. 1 (February 28, 2023): 16–33. http://dx.doi.org/10.23920/transbuslj.v4i1.1426.
Full textAbstract:
Trade and Investment are among the ways that are often used by modern countries today to become one of the main sources of state income. Indonesia as a destination country for trade and investment also has an important role in economic growth both domestically and in the ASEAN region. Indonesia is also one of the initiators of the Free Trade Area (FTA). In the spirit of realizing ASEAN as a trade and investment friendly zone, ASEAN launched a method called the ASEAN Protocol on Enhanced Dispute Settlement Mechanism (EDSM). This customized mechanism is in accordance with the spirit of ASEAN, namely The ASEAN way. Accordingly, the author took the initiative to conduct research related to the extraterritorial principle of the mechanism of Non-ASEAN countries that are geographically proximate to the ASEAN region. This research is entitled "Extraterritorial Principles of ASEAN PROTOCOL ON ENHANCED DISPUTE SETTLEMENT MECHANISM (EDSM) in the Settlement of Trade and Investment Disputes". In this research, there is a formulation of problems that will be discussed, namely related to the application of the extraterritorial principle of the EDSM mechanism, the enforcement of EDSM rules against Non-ASEAN countries, and its implications for Indonesia. This is conducted, in an effort to make ASEAN an axis of investment destination countries that also have positive and dynamic regulations. Hence In the event of trade and investment disputes, the parties involved would not need to go to ICSID or the WTO, as ASEAN has provided solutions to resolve such disputes.
43
ALLEE, TODD L., and PAUL K. HUTH. "Legitimizing Dispute Settlement: International Legal Rulings as Domestic Political Cover." American Political Science Review 100, no. 2 (May 2006): 219–34. http://dx.doi.org/10.1017/s0003055406062125.
Full textAbstract:
We develop and test a general argument about the conditions under which state leaders are most likely to choose legal dispute resolution over bilateral negotiations as a means to settle international disputes. Our central claim is that leaders who anticipate significant domestic audience costs for the making of voluntary, negotiated concessions are likely to seek the “political cover” of an international legal ruling. In such cases, it will be easier for leaders to justify the making of concessions if they are mandated as part of a ruling by an international court or arbitration body. We test a series of domestic-level hypotheses using a dataset comprised of nearly 1,500 rounds of talks concerning disputed territorial claims. Our multivariate analyses indicate that state leaders opt for legal dispute resolution when they are highly accountable to domestic political opposition, as well as when the dispute is highly salient to domestic audiences.
44
FILCHENKO, D. G., and E. A. EVTUKHOVICH. "ON THE CONCEPT AND CONTENT OF “ANOTHER ORDER OF PRE-TRIAL SETTLEMENT OF DISPUTES, ESTABLISHED BY THE AGREEMENT”." Herald of Civil Procedure 11, no. 4 (October 20, 2021): 282–98. http://dx.doi.org/10.24031/2226-0781-2021-11-4-282-298.
Full textAbstract:
The article analyzes the provisions of the arbitration procedural legislation and the practice of its application on a different pre-trial dispute settlement procedure established by the contract. A different pre-trial procedure is considered as an alternative to the general claim procedure for resolving disputes. The characteristic features of a different pre-trial order have been revealed. The authors summarized the practice of arbitration courts, highlighting other demanded pre-trial dispute settlement procedures. In particular, examples of atypical other methods of dispute settlement are provided. Separately, the issue of the admissibility of the cancellation of the general claim procedure for the settlement of disputes by the agreement was considered. An independent subject of the authors’ analysis was mediation as a pre-trial dispute settlement procedure. The work also focuses on the impact of a different pre-trial dispute settlement procedure on the course of the limitation period. The article discusses the provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 22 June 2021 No. 18 “On Some Issues of Pre-Trial Settlement of Disputes Considered in Civil and Arbitration Proceedings”. Some of the recommendations of the Plenum of the Supreme Court of the Russian Federation received critical assessment. The authors note the existing contradictions in the legislation and possible ways to overcome them, formulate individual conclusions as a result of studying the materials of the practice of arbitration courts.
45
Gray, Julia, and Philip Potter. "Diplomacy and the Settlement of International Trade Disputes." Journal of Conflict Resolution 64, no. 7-8 (February 27, 2020): 1358–89. http://dx.doi.org/10.1177/0022002719900004.
Full textAbstract:
How do countries settle disputes in the shadow of the law? Even in the presence of legalized dispute settlement, countries still rely on diplomatic channels to resolve conflicts. But it can be difficult to assess diplomacy’s impact on dispute resolution because those channels tend to be opaque. We present both an original theory of the impact of diplomacy on dispute resolution and a novel measure of diplomacy. If countries with close or, conversely, distant relationships use legal channels for dispute resolution, diplomacy will have little impact on dispute settlement; resorting to legal recourse among friends or adversaries likely means that the dispute is intractable. However, diplomacy can increase the chances of settlement between countries with moderate levels of affinity. We test this argument using a protocol-based proxy for diplomatic interactions—gifts given at the occasion of meetings between diplomatic counterparts—that would otherwise be difficult to observe. Using the case of the United States and its disputes in the World Trade Organization, we find support for our argument. This suggests that even when countries resort to legalized methods of dispute settlement, bilateral dealmaking still plays an important role.
46
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.
Full textAbstract:
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.
47
J. Mwakaje, Saudin, and Nuhu S. Mkumbukwa. "The New Arbitration Law in Tanzania: An Appraisal of Its Salient Features and Implications for Investment Disputes Settlement." Journal of International Arbitration 39, Issue 1 (February 1, 2022): 129–61. http://dx.doi.org/10.54648/joia2022006.
Full textAbstract:
Preference for arbitration as an option for dispute settlement is steadily on the rise, partly because of its perceived efficacious proceedings and enforceability. In 2020, Tanzania enacted a new legislation on arbitration with a detailed and defined framework, cascading through the entire qualifying process of arbitrators, initiating the arbitration proceedings, enforcement and recognition of foreign arbitral awards. This article analyses the corpus of the new legislation, its pertinent structural features, the gaps, and future prospects. The analysis is predicated on the ramifications of the new arbitration law for investment dispute settlements, particularly, state versus investors disputes, as envisaged under the national investment legislation. It concludes by highlighting several aspects which need to be revisited, such as the independence of arbitrators, duty to refer disputes to arbitration, and determination of arbitration costs. Further, a case is made for amendment of the existing national investment legislation in respect of dispute settlement provisions in order to create a harmonious arbitration regime in Tanzania. Tanzania arbitration law, implications to investment disputes, enforcement of foreign arbitral awards
48
Ásgeirsdóttir, Áslaug, and Martin Steinwand. "Dispute settlement mechanisms and maritime boundary settlements." Review of International Organizations 10, no. 2 (March 4, 2015): 119–43. http://dx.doi.org/10.1007/s11558-015-9217-9.
Full text
49
Kristianto, Fennieka. "DISPUTE SETTLEMENT ON APARTMENT’S TRANSACTION." Problematika Hukum 3, no. 2 (August 21, 2019): 93. http://dx.doi.org/10.33021/ph.v3i2.759.
Full textAbstract:
The sale and purchase transactions of apartments in fact cause many problems between developers and consumers, so that the construction of apartments as the ultimate goal of providing housing is not achieved. This juridical normative research intends to examine a number of decisions regarding cases of disputes settlement over apartments’ unit transactions both through the court and outside the court. The main conclusion of this research is type of dispute over the apartments’ unit transactions (lawsuits qualification) determines the choice of dispute resolution and its consequences.
50
Lee, Jaemin. "Dispute Settlement Mechanisms in U.S. FTAs with Korea, Panama, Peru and Colombia: Basic Designs, Key Characteristics and Implications." British Journal of American Legal Studies 5, no. 2 (December 1, 2016): 487–504. http://dx.doi.org/10.1515/bjals-2016-0017.
Full textAbstract:
Abstract The United States concluded free trade agreements (FTAs) with Korea, Peru, Panama and Colombia in late 2000s. Since the four FTAs were negotiated and concluded largely contemporaneously, key traits and characteristics of the agreements are similarly formulated. In light of this, dispute settlement mechanisms (state-to-state dispute settlement proceedings, investor-state dispute settlement proceedings, and Joint Committees) of the four FTAs also share commonalities. At the same time, new ideas and suggestions are explored in the four FTAs. While issues and disputes under the four FTAs have arguably not been ripe for the constitution of dispute settlement proceedings under the FTAs at the moment, sooner or later they are likely to end up in the dockets of the respective proceedings. The key elements of the four FTAs’ dispute settlement mechanisms are also adopted in other FTAs that the United States have concluded afterwards including most recently the Trans-Pacific Partnership, since these elements are reflective of the general scheme of the United States in their FTAs. What remains to be seen is how the general scheme of dispute settlement proceedings can be applied and implemented in actual settings when the FTAs produce increasing numbers of disputes in the future. In particular, marked disparity in human and financial resources between the United States and the four FTA’s parties may bring about disparate impacts and consequences among contracting parties. Continued attention needs to be paid to the development concerning implementation of the four FTAs, in particular their dispute settlement proceedings.