Relevant bibliographies by topics / Disputes

Academic literature on the topic 'Disputes'

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Published: 4 June 2021
Last updated: 5 March 2023

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Journal articles on the topic "Disputes"

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Wiegand, Krista E. "Mediation in Territorial, Maritime and River Disputes." International Negotiation 19, no. 2 (June 26, 2014): 343–70. http://dx.doi.org/10.1163/15718069-12341281.

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This article seeks to explain factors that make mediation attempts more or less likely in territorial, maritime, and river disputes. I argue that the intensity of the dispute and the salience of disputed territory have strong influence on mediation attempts. The study further examines the impact of these factors on the type of mediation strategy (directive, procedural, or communications). Hypotheses about mediation attempts are tested with the icow data set of interstate territorial, maritime, and river disputes from 1816 to 2001. Findings indicate that intensity of the dispute and salience of disputed territory have a strong impact on the selection of mediation in the first place, and second, that salience of disputed territory makes the directive strategy more likely, while intensity of the dispute makes procedural or communications strategies more likely.
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Melillo, Margherita. "Informal Dispute Resolution in Preferential Trade Agreements." Journal of World Trade 53, Issue 1 (February 1, 2019): 95–127. http://dx.doi.org/10.54648/trad2019005.

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Noting that very few disputes have been adjudicated, many scholars have expressed doubts whether the dispute settlement mechanisms of preferential trade agreements (PTAs) will ever be used. This article argues that looking only at the number of formal disputes (i.e. disputes that lead to the adoption of a decision by third party adjudicators) tells an incomplete story about dispute resolution in PTAs (i.e. resolution of disputed issues). Focusing on the PTAs concluded by the European Union (EU), this article contends that the framework established by the PTAs can have a complementary role to litigation. Like the committees at the World Trade Organization, the committees established by the PTAs can foster dialogue and find technical solutions to disputed issues. By looking at the text of the EU PTAs as well as at available documents on their implementation, this article shows how these committees can tackle disputes.
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Hassner, Ron E. "The Path to Intractability: Time and the Entrenchment of Territorial Disputes." International Security 31, no. 3 (January 2007): 107–38. http://dx.doi.org/10.1162/isec.2007.31.3.107.

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Why do territorial disputes become more difficult to resolve over time? Why are states often unable to resolve long-standing territorial disputes over land that is of little strategic or economic value? One explanation for territorial dispute entrenchment draws on changes in dispute perception. Specifically, as territorial disputes mature they undergo processes that increase the integrity of the disputed territory, clarify the definition of the territory's boundaries, and make it more difficult to find substitutes for the territory. Territorial dispute resolution is both stochastic and exogenous to the entrenchment process and thus impossible to predict. It is possible, however, to forecast ex ante the degree to which young territorial disputes are likely to resist resolution efforts in the future based on two variables: perceptions of a territory's integrity, boundaries, and value at the outset of the dispute, and physical constraints on expansion and settlement into the territory.
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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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Hwang, Wonjae, Wonbin Cho, and Krista Wiegand. "Do Korean-Japanese Historical Disputes Generate Rally Effects?" Journal of Asian Studies 77, no. 3 (May 23, 2018): 693–711. http://dx.doi.org/10.1017/s0021911818000438.

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Does ongoing animosity between South Korea and Japan over the disputed Dokdo Islands and other issues that originated from historical disputes generate rally effects in Korean domestic politics? This article argues that the Dokdo Islands dispute—and related disputed issues rooted in the colonial experience of Korea under Japan's rule historically—strongly influence Korean presidents’ abilities to effectively mobilize domestic support for not only the issues, but particularly the public opinion of presidents. Using data on Korean presidents’ approval ratings between 1993 and 2016, this article shows that Korea's bilateral disputes with Japan tend to promote Korean presidential popularity. The findings suggest that external crises with Japan related to historical disputes have positive political effects on leadership ratings in Korea.
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Afriana, Anita, Sudaryat Sudaryat, Rai Mantili, and Ema Rahmawati. "MENINJAU KEMBALI PENYELESAIAN SENGKETA KONSUMEN DI INDONESIA : ASPEK KELEMBAGAAN DALAM RANGKA TERCAPAINYA KEPASTIAN HUKUM." VYAVAHARA DUTA 14, no. 2 (January 27, 2020): 74. http://dx.doi.org/10.25078/vd.v14i2.1255.

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<p>Due to the upward trends of business transaction both in conventional and online basis, it is deemed necessary to find an effective ways to settle disputes in the event of a losses to the consumers.In general, consumer disputesinvolve small amount of lossand complaint filed by the consumers for material compensation. In Indonesia, consumer disputeresolutionis carried out not only by the Consumer Dispute SettlementBody (BPSK)but also throughthecourts. Recently,there are manynewly-established consumer disputesettlement institutions.A quick, simple,<br />and low-cost consumer dispute mechanism isneeded to cope with Indonesian economic growth by accelerating the time of a dispute settlement (time efficiency). The purpose of this research is find out how consumer disputes are resolved in Indonesia and legal discource in the frame work oft he consumer’s disputere solution which have lawcertainty.it can be concluded that the plurality<br />of consumer disputesettlement in Indonesia has ledtoconvoluted mechanisms and procedures in settling disputes. Dispute settlement through Badan Penyelesaian Sengketa Konsumen/Consumers Dispute Settlement Agency (BPSK) is not final and binding. Through this article, it is recommended<br />to utilise Small Claims Procedures that combines informal and formal mechanisms in order to achieve legal certainty in the settlement of consumer disputes in Indonesia.</p>
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Fravel, M. Taylor. "Power Shifts and Escalation: Explaining China's Use of Force in Territorial Disputes." International Security 32, no. 3 (January 2008): 44–83. http://dx.doi.org/10.1162/isec.2008.32.3.44.

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Although China has been involved in twenty-three territorial disputes with its neighbors since 1949, it has used force in only six of them. The strength of a state's territorial claim, defined as its bargaining power in a dispute, offers one explanation for why and when states escalate territorial disputes to high levels of violence. This bargaining power depends on the amount of contested land that each side controls and on the military power that can be projected over the entire area under dispute. When a state's bargaining power declines relative to that of its adversary, its leaders become more pessimistic about achieving their territorial goals and face strong preventive motivations to seize disputed land or signal resolve through the use of force. Cross-sectional analysis and longitudinal case studies demonstrate that such negative shifts in bargaining power explain the majority of China's uses of force in its territorial disputes.
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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.

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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.
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White, Peter B., David E. Cunningham, and Kyle Beardsley. "Where, when, and how does the UN work to prevent civil war in self-determination disputes?" Journal of Peace Research 55, no. 3 (January 17, 2018): 380–94. http://dx.doi.org/10.1177/0022343317744826.

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The UN has placed rhetorical emphasis on the prevention of armed conflict before it starts and has taken selective action toward that end. What determines where the UN gets involved? We examine UN preventive actions by focusing on UN Security Council (UNSC) resolutions in self-determination (SD) disputes. We argue that UN decisionmakers consider at least three factors when deciding where to target preventive action: the dispute’s conflict history, the potential for regional contagion, and the characteristics of the dispute. We further argue that the political dynamics of UNSC decisionmaking constrain the UN’s ability to pay attention to the third factor (the characteristics of the dispute). We test this argument using data on all UNSC resolutions comprising the authorization of diplomatic engagement, condemnation, the authorization of sanctions, and the deployment of force targeted toward SD disputes from 1960 to 2005. We find that the UN is much more likely to act in nonviolent disputes that have a history of violence and in disputes with a potential for regional contagion. The analysis shows that, while political barriers likely restrict the ability for the UNSC to act when dispute-level characteristics suggest armed conflict is more likely, the UN does act proactively to prevent violence, rather than just reactively responding to existing violence.
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Kismantoro, Bayun, and Akhmad Khisni. "District Land Office Purworejo Role in Efforts To Solve Grants Dispute (Case 32 / Pdt.G / 2018 / PN. Pwr)." Jurnal Akta 6, no. 3 (September 13, 2019): 461. http://dx.doi.org/10.30659/akta.v6i3.5105.

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The number of disputes in Purworejo regency, especially in the area of land would make the authors interested in examining disputes and conduct research on the consideration of the judges through decisions that have been stated. Land disputes, is anything that causes disagreements, discord or strife. Dispute is a continuation of the conflict, and the conflict itself is a dispute between two parties, but the dispute was only buried and can not be shown and when the dispute was notified to the other party will be disputed. The problems of this study are 1) How Purworejo District Land Office Role In Resolving Grants Disputes Efforts In Case No.32 / Pdt.G / 2018 / PN.Pwr, 2) How Consideration Judge In Case No.32 / Pdt.G / 2018 / PN.Pwr About Grant Dispute.This research used normative juridical approach (normative legal research) so called because this research is the study of literature. This study uses a basic decision No.32 / Pdt.G / 2018 / PN.Pwr. Normative research that discusses the doctrines or principles in jurisprudence. The results of this study show that, 1) Role of the District Land Office Purworejo In Effort Resolving Disputes Grant In Case No.32 / Pdt.G / 2018 / PN.Pwr rolegive evidence in the trial to support the strong evidence. 2) Consideration Judge In Case No.32 / Pdt.G / 2018 / PN.Pwr About Grant Dispute. Judge offers mediation in accordance initial steps of the Supreme Court Regulation No. 1 of 2016.Based on the results of data analysis concluded that give evidence in the trial to support the strong evidence in case of Grant Disputes from the District Land Office Purworejo, consideration of the judge that the plaintiff has successfully refute the arguments of gugatanya partly in what he demanded from the gugatanya. Then the judges verdict. Suggestions for Purworejo Land Office Hopes to be more careful in the process of registration certificates andSense of justice is extremely important for the judge to impose any decision.Keywords: Land Office; Legal Dispute; Grant.
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Dissertations / Theses on the topic "Disputes"

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Van, Veen David Herman. "Designing a dispute management system for groundwater disputes in Ontario." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape4/PQDD_0031/MQ47372.pdf.

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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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Harrison, Tyler Ronald. "Transforming disputes." Diss., The University of Arizona, 1999. http://hdl.handle.net/10150/288992.

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The tremendous growth of internal organizational grievance mechanisms, including the use of ombuds, has not been met with an equal increase in research. Currently, little is known about the functioning of these grievance mechanisms. This dissertation presents an empirical study of an academic ombud. Using normative pragmatics and a social context approach to disputing as an analytic framework, 50 disputants who pursued grievances through an academic ombud were interviewed at various stages of the disputing process. This study offers a processual account of disputants' experiences with the dispute process by combining interview data with multi-perspectival analyses (member checks, artifacts) and triangulation with quantitative survey data. Additionally, design features of the ombud office are examined for their ability to achieve the goals of the office given the context of the dispute. The study concludes that the flexibility of the ombud is a strength for dealing with the varied grievances brought to the office. Disputants are generally satisfied with the process, and have a restored sense of faith in the organization having gone through the ombud. The social context of academics, however, prevents the ombud process from reconciling relationships between disputants. The study further concludes that any design of disputing systems must take into account the social context of tile disputing arena. The framework generated by combining tile study of design features with social context provides researchers and practitioners a more productive way of analyzing and designing disputing systems.
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Eaton, David S. "Alternative dispute resolution : a viable method for settling government contract disputes /." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 1993. http://handle.dtic.mil/100.2/ADA271745.

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

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Thesis (M.A.)--City University of Hong Kong, 2007.
"Master of Arts in arbitration and dispute resolution, LW6409 dissertation." Title from PDF t.p. (viewed on Apr. 1, 2008) Includes bibliographical references.
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Borbély, Adrian. "Managers in disputes and use of alternative dispute resolution in France." Thesis, Cergy-Pontoise, Ecole supérieure des sciences économiques et commerciales, 2012. http://www.theses.fr/2012ESEC0006.

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Cette thèse explore les facteurs de résistance aux Modes Alternatifs de Règlement des Conflits (MARC) présents au sein des entreprises françaises, en particulier dans les interactions entre gestionnaires et professionnels du droit en situation de litige d’entreprise. Cet ouvrage se compose de trois articles académiques qui proposent des avancées théoriques, notamment en transposant la théorie de l’agence dans les services professionnels, et deux études empiriques. La première lève le voile sur la diversité et le caractère dynamique des relations gestionnaires-juristes et propose des leviers organisationnels visant à promouvoir une gestion efficace des litiges. La seconde lie les comportements individuels des gestionnaires, en particulier en relation avec leurs conseils juridiques, avec l’utilisation et le succès des MARC. Ensemble, ces articles mettent en lumière la notion de coproduction et invitent à seconcentrer sur le comportement des clients de la résolution des litiges d’entreprise. Ils suggèrent que, les MARC se trouvant à la frontière de la sphère de compétence des juristes français, des pratiques efficaces de résolution des litiges nécessitent que les clients s’adaptent, voire des efforts de changement organisationnel. Ces études contribuent à la théorie de la gestion des conflits et participent à la promotion d’une résolution efficace des litiges au sein des entreprises françaises
This dissertation explores resistance factors toward Alternative Dispute Resolution (ADR) that can be observed in French companies, more precisely in relation with the micro interactions between managers and lawyers as they respond to business disputes. It consists of three academic papers that feature new theory developments, transposition of agency theory in professional services, and two supporting empirical studies. The first one unveils the diverse and dynamic nature of manager-lawyer interaction schemes and offers potential organizational levers to promote efficient dispute resolution practices. The second relates manager individual behavior in disputes, especially in relationship to lawyers, with the successful use of ADR. As a whole, this thesis places at the forefront the notion of coproduction and invites to focus on client behavior in business dispute resolution. It suggests that, as ADR lies at the borders of the French lawyers’ sphere of competency, efficient dispute resolution may require adaptation on the clients’ side, as well as organizational redesign. These studies aim to offer new insights for conflict management theory and reflections for the further promotion of efficient resolution of disputes in France
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Haloush, Haitham. "Online alternative dispute resolution a solution to cross-border electronic commercial disputes." Saarbrücken VDM Verlag Dr. Müller, 2008. http://d-nb.info/991386973/04.

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Fisher, William Henry. "The use of arbitration in the construction industry in England and Wales : an evaluation of its continuing role following the Arbitration Act 1996." Thesis, University of Wolverhampton, 2017. http://hdl.handle.net/2436/621277.

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Due to the influence of the construction industry on the country’s economy, resolution of disputes is very important. The Arbitration Act 1996 was passed to remedy the complaints that had made arbitration unpopular. Comments from academics and practitioners indicated that construction arbitration remained unpopular and procedural innovation anticipated had not materialised. This study considers arbitration in the construction industry in England and Wales and evaluates its use and role since the passing of the Arbitration Act 1996. It also explores the potential use of arbitration against the use of litigation, statutory adjudication, mediation and expert determination having regard to variables of size of claim and dispute. A pragmatic theoretical perspective was followed, using a survey strategy. Initially a quantitative methodology was used, with structured questionnaires sent to users of arbitration, their legal advisers and construction arbitrators. To provide extension and clarification of matters revealed from questionnaires, interviews were conducted with construction arbitrators and construction lawyers, thereby incorporating a qualitative methodology. The study shows a significant decline in the use of construction arbitration, but comparing the two periods investigated, there was less of a decline for the more recent period, compared to the earlier period. As a dispute resolution method, arbitration was considered neutral, being neither poor, nor excellent. Arbitration’s standing, overall, is poor; however, for claims between £1 million and £10 million it is similar to the other methods referred to above. Positive influences towards choosing arbitration are that arbitration is private, providing fairness, allowing control of the process with an award that is final. Negative influences are that arbitration is costly, complex with procedures styled on litigation, subject to delays and confidence issues with arbitrators’ decisions. Cost and duration of arbitration remain the most problematic features, however the investigation suggests that users and particularly their lawyer advisers are reluctant to implement cost saving procedures.
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Younis, G. E. "Minimizing construction disputes." Thesis, University of Salford, 2010. http://usir.salford.ac.uk/26982/.

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The continuing incidence of costly disputes in the construction industry has led to a common interest of researchers in different countries to identify the generic aspects of conflicts, claims, disputes and their resolution. This thesis undertakes an extensive review of literature in the field of construction disputes examining the current understanding of the causes of disputes, as identified by other researchers in the field, and attempts made to minimize them. An analysis of the literature helps identify important themes for particular investigation: procurement methods, risk allocation, claims management and dispute resolution methods. A preliminary examination of 20 projects in Lebanon confirmed the existence and revealed the extent of disputes on Lebanese projects. Twenty-four semi-structured interviews with practitioners actively involved in construction projects in Lebanon at the project management level are conducted, from which a set of dispute influencing areas emerge. Fifty cases of disputes occurring on four live case study projects in Lebanon are also analysed to examine the risk allocation and occurrence, the behavioural attitudes of key stakeholders, and the factors which lead to disputes between the parties. The findings demonstrate the relationship between those risks which are addressed in the contract and their interaction (when they eventuate) with the behavioural traits of the project participants involved. Furthermore, the dispute factors encountered in these fifty cases are categorized into dispute influencing areas to establish any correlation with the areas raised in the twenty-four interviews. Following comparison of the evidence gained from the literature, the interviews and the case studies, a set of provisional recommendations to minimize disputes is proposed and organized under three themes: a pre-contract award workshop; the drafting of general and particular conditions of contract; and the potential for improvement based behavioural on compliance of project participants. The validity of the provisional recommendations is tested by the reviews of five experts in the field of construction disputes, in accordance with which the recommendations are amended.
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Chau, Chi-Kin. "Networks & disputes." Thesis, University of Cambridge, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.613219.

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Books on the topic "Disputes"

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Kumar, Bipin. WTO dispute watch: Disputes of 2010. New Delhi: Centre for WTO Studies, Indian Institute of Foreign Trade, 2011.

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Brown, Laura Ferris. Private employment disputes and alternative dispute resolution. New York (140 W. 51st St., New York 10020-1203): Library and Information Center on the Resolution of Disputes, American Arbitration Association, 1993.

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Association, American Arbitration, ed. Using alternative dispute resolution to settle sports disputes. New York: American Arbitration Association, 1992.

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Center for Public Resources (New York, N.Y.) and CPR Legal Program, eds. Antitrust disputes. New York, N.Y: Center for Public Resources, 1989.

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Trivial disputes. London: Collins, 1989.

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Suárez, Francisco. Disputes métaphysiques. Grenoble: Millon, 2009.

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Harrison, Fraser. Trivial disputes. London: Collins, 1989.

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Center for Public Resources (New York, N.Y.) and CPR Legal Program, eds. Construction disputes. New York, N.Y: Center for Public Resources, 1989.

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P, Reynolds Michael. Partnership disputes. London: Sweet & Maxwell, 2011.

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Center for Public Resources (New York, N.Y.) and CPR Legal Program, eds. Technology disputes. New York, N.Y: Center for Public Resources, 1989.

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Book chapters on the topic "Disputes"

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Cheema, Moeen H. "‘Election disputes’ or disputed elections?" In Judicial Review of Elections in Asia, 69–83. New York, NY : Routledge, 2016.: Routledge, 2016. http://dx.doi.org/10.4324/9781315668567-5.

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Jaeger, Axel-Volkmar, and Götz-Sebastian Hök. "Disputes." In FIDIC - A Guide for Practitioners, 393–416. Berlin, Heidelberg: Springer Berlin Heidelberg, 2009. http://dx.doi.org/10.1007/978-3-642-02100-8_22.

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Locklin, Nancy. "Disputes." In Murder, Justice, and Harmony in an Eighteenth-Century French Village, 35–56. New York, NY : Routledge 2020 | Series: Routledge research in early modern history: Routledge, 2019. http://dx.doi.org/10.4324/9780429318047-4.

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Chappell, David. "Disputes." In Construction Contracts, 242–59. Fourth edition. | Abingdon, Oxon; New York: Routledge, 2021.: Routledge, 2020. http://dx.doi.org/10.1201/9781003080930-24.

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Wright, David. "Disputes." In Law for Project Managers, 90–98. 2nd edition. | Abingdon, Oxon [UK] ; New York : Routledge, 2017.: Routledge, 2017. http://dx.doi.org/10.4324/9781315160757-15.

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Chappell, David. "Disputes." In Construction Contracts, 242–59. Fourth edition. | Abingdon, Oxon; New York: Routledge, 2021.: Routledge, 2020. http://dx.doi.org/10.4324/9781003080930-24.

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Khan, Rahmatullah. "Environmental Disputes." In Recht zwischen Umbruch und Bewahrung, 975–84. Berlin, Heidelberg: Springer Berlin Heidelberg, 1995. http://dx.doi.org/10.1007/978-3-642-57785-7_59.

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Wagner, Richard E. "Legal Disputes." In Encyclopedia of Law and Economics, 1265–69. New York, NY: Springer New York, 2019. http://dx.doi.org/10.1007/978-1-4614-7753-2_288.

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Wagner, Richard E. "Legal Disputes." In Encyclopedia of Law and Economics, 1–6. New York, NY: Springer New York, 2014. http://dx.doi.org/10.1007/978-1-4614-7883-6_288-1.

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David, Joseph E. "Unsettled Disputes." In Jurisprudence and Theology, 25–43. Cham: Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-06584-7_3.

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Conference papers on the topic "Disputes"

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Sweet, Justin. "Dispute Resolution: Reasons for Construction Disputes." In Modern Methods and Advances in Structural Engineering and Construction. Singapore: Research Publishing Services, 2011. http://dx.doi.org/10.3850/978-981-08-7920-4_s1-l01-cd.

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Senarath, P. A. N. B., and M. Francis. "DISPUTE AVOIDANCE FROM THE PERSPECTIVE OF PROCUREMENT METHODS: A CONCEPTUAL FOCUS." In The 9th World Construction Symposium 2021. The Ceylon Institute of Builders - Sri Lanka, 2021. http://dx.doi.org/10.31705/wcs.2021.22.

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Disputes are unavoidable in construction projects due to their complex characteristics and involvement of different parties, which can interrupt the smooth construction process. Hence, proper dispute avoidance strategies need to be implemented to avoid disputes beforehand. On the other hand, the previous researchers suggested that there is a link between disputes and procurement methods. Therefore, the current research investigates the disputes in the construction industry from the perspective of different procurement methods. A systematic literature review was carried out to identify the available procurement methods in the construction industry, disputes and dispute avoidance strategies and the features of the procurement methods from the perspective of disputes. Firstly, a total of fifty-two key research papers on the research area were employed to review. The literature findings revealed that the industry has moved towards collaborative approaches from the traditional procurement method with higher dispute frequency because as per the findings the likelihood of disputes seems less in the projects procured under collaboration. It further revealed that the inherent features of collaborative approach such as teamwork, relationships and mutual understanding give less prosper towards disputes. Therefore, the findings of the review conclude that the selection of collaborative procurement method at the early stages of a project can reduce the possibilities of disputes from the perspective of procurement methods.
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Noushad, Manu, Anu V. Thomas, and Ramaswamy K. P. "Evaluation of Dispute Prone Areas in Construction Projects." In International Web Conference in Civil Engineering for a Sustainable Planet. AIJR Publisher, 2021. http://dx.doi.org/10.21467/proceedings.112.8.

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Construction projects experience claims and disputes due to increased complexity of contract documentation, which subsequently affects the cost performance of projects. Majority of the previous studies on disputes and cost overrun have mainly focused on finding the causes of cost overrun or disputes in the industry. Identification of dispute prone areas and the associated range of cost overrun due to the disputes are less explored. Previous research findings indicate that the various factors resulting in cost overrun itself are the causes of disputes. It is necessary to understand, assess and take appropriate actions for increasing the predictability of claims and disputes in order to improve the cost performance of construction projects. In this study, an attempt is made to identify and prioritize the dispute prone areas in Indian construction projects by analytical hierarchy process (AHP).
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Emilia, Bellucci, Sitalakshmi Venkatraman, and Stranieri Andrew. "Towards Smart Online Dispute Resolution for Medical Disputes." In ACSW '20: Australasian Computer Science Week 2020. New York, NY, USA: ACM, 2020. http://dx.doi.org/10.1145/3373017.3373059.

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Kaya, Serkan. "Suitability of alternative dispute resolution for shareholders disputes." In Corporate Governance: Search for the advanced practices. Virtus Interpress, 2019. http://dx.doi.org/10.22495/cpr19a22.

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Гребенкина, Т. Ю. "CORPORATE DISPUTES." In Антология российской психотерапии и психологии. Crossref, 2021. http://dx.doi.org/10.54775/ppl.2021.46.65.030.

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Отношения между собственниками бизнеса – наиболее сложная и трудно регулируемая область. Почему? В отношения вступают люди с различными взглядами на жизнь и бизнес. Сами отношения формируются вокруг множества объектов: собственность, цели бизнеса, наемные люди, деньги и т.д. Эти отношения регулируются законами психологии, предпринимательства, менеджмента, законами государства (и только последние с натяжкой можно отнести к одинаково понятным каждому партнеру). Здоровые отношения между собственниками подразумевают: согласование мотивов, ценностей и целей; единое видение бизнес-модели, удовлетворяющей мотивам и целям; обмен дефицитными и избыточными ресурсами; договоренности о структуре собственности, о структуре корпоративного управления, позволяющие партнёрам удовлетворять свои мотивы, а бизнесу достигать целей и т.д.
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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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Trinkūnienė, Eva, and Vaidotas Trinkūnas. "MEDIATION AS AN ALTERNATIVE MEANS TO THE BUSINESS DISPUTE RESOLUTION." In 12th International Scientific Conference „Business and Management 2022“. Vilnius Gediminas Technical University, 2022. http://dx.doi.org/10.3846/bm.2022.840.

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In business, disputes often arise over contractual relationships when contractual obligations are not properly fulfilled. The potential risk of disputes must always be assessed. Timing and adherence to agreed deadlines are very important in business, as any delay can cause significant damage, and the legal entity can suffer significant losses. In a dispute between business partners, people tend to go to the court and fight there to the fullest rather than reach an amicable settlement, but there is always a winning and losing party in a litigation. From a long-term perspective, it will be impossible for the disputing parties to work together in the future, and the losing party will always feel great resentment towards the winner. Therefore, litigation is not always an attractive option and in this case mediation is a great way to resolve business disputes due to its expediency. Mediation is a dynamic, structured, interactive process which is focused on the needs, rights, and interests of the parties. It also helps to find the optimal solution and encourages open communication. This article presents the possibilities and perspectives of the application of mediation in Lithuania by reviewing global practice.
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Trinkūnienė, Eva, and Vaidotas Trinkūnas. "MEDIATION AS AN ALTERNATIVE MEANS TO THE BUSINESS DISPUTE RESOLUTION." In 12th International Scientific Conference „Business and Management 2022“. Vilnius Gediminas Technical University, 2022. http://dx.doi.org/10.3846/bm.2022.840.

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In business, disputes often arise over contractual relationships when contractual obligations are not properly fulfilled. The potential risk of disputes must always be assessed. Timing and adherence to agreed deadlines are very important in business, as any delay can cause significant damage, and the legal entity can suffer significant losses. In a dispute between business partners, people tend to go to the court and fight there to the fullest rather than reach an amicable settlement, but there is always a winning and losing party in a litigation. From a long-term perspective, it will be impossible for the disputing parties to work together in the future, and the losing party will always feel great resentment towards the winner. Therefore, litigation is not always an attractive option and in this case mediation is a great way to resolve business disputes due to its expediency. Mediation is a dynamic, structured, interactive process which is focused on the needs, rights, and interests of the parties. It also helps to find the optimal solution and encourages open communication. This article presents the possibilities and perspectives of the application of mediation in Lithuania by reviewing global practice.
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Ventrella, Anthony. "Agreements that avoid disputes." In IEE Colloquium on How to Operate Standard Form Contracts Successfully. IEE, 1995. http://dx.doi.org/10.1049/ic:19951289.

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Reports on the topic "Disputes"

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Stein, Robert E. The uses of alternative dispute resolution to resolve genetic disputes. Final report. Office of Scientific and Technical Information (OSTI), January 2003. http://dx.doi.org/10.2172/809045.

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Susskind, Lawrence E., and John G. Wofford. Fort Drum Disputes Review Panel. Fort Belvoir, VA: Defense Technical Information Center, February 1994. http://dx.doi.org/10.21236/ada281243.

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Grossman, Herschel. Distributional Disputes and Civil Conflict. Cambridge, MA: National Bureau of Economic Research, June 2003. http://dx.doi.org/10.3386/w9794.

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Clawson, Patrick. Iran: Torn by Domestic Disputes. Fort Belvoir, VA: Defense Technical Information Center, July 1997. http://dx.doi.org/10.21236/ada385964.

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Maggi, Giovanni, and Robert Staiger. Learning by Ruling and Trade Disputes. Cambridge, MA: National Bureau of Economic Research, September 2017. http://dx.doi.org/10.3386/w23774.

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Grossman, Herschel. Peace and War in Territorial Disputes. Cambridge, MA: National Bureau of Economic Research, July 2004. http://dx.doi.org/10.3386/w10601.

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Stefanovich, Dmitry. The Enduring Complexity of Compliance Disputes. The United Nations Institute for Disarmament Research, March 2020. http://dx.doi.org/10.37559/wmd/20/wmdce1.

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Ossa, Ralph, Robert Staiger, and Alan Sykes. Disputes in International Investment and Trade. Cambridge, MA: National Bureau of Economic Research, April 2020. http://dx.doi.org/10.3386/w27012.

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Bloom, David. Arbitrator Behavior in Public Sector Wage Disputes. Cambridge, MA: National Bureau of Economic Research, August 1987. http://dx.doi.org/10.3386/w2351.

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Bagwell, Kyle, and Robert Staiger. Strategic Trade, Competitive Industries and Agricultural Trade Disputes. Cambridge, MA: National Bureau of Economic Research, August 2000. http://dx.doi.org/10.3386/w7822.

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You might also be interested in the extended bibliographies on the topic 'Disputes' for particular source types:
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