Artykuły w czasopismach na temat „Arbitration and resolution (Jewish law)”
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Celik, Michelle. "Sources of Arbitration Law". Legal Information Management 9, nr 3 (wrzesień 2009): 199–201. http://dx.doi.org/10.1017/s1472669609990338.
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Mooij, Hans. "Arbitration institutes forum: Arbitration Institutes: An Issue Overlooked". Intertax 47, Issue 8/9 (1.07.2019): 737–44. http://dx.doi.org/10.54648/taxi2019072.
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Tax treaty arbitrations to date have only been rare. With the MLI and the Dispute Resolution Directive, however, numbers of arbitrations may reasonably be expected to go up. Authorities will have to face the question, whether they want to administer arbitrations themselves, or prefer to instead call on facilitation by professional arbitration institutes as is customary practice in such important areas as commercial or investment arbitration. Proper and effective administration will be a significant factor to the eventual success of tax treaty arbitration. Absent any guidance in either the MLI or the Dispute Resolution Directive, the issue requires careful consideration from authorities.
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Leonard, Patrick, i Hayley O’Donnell. "Arbitration in Derivatives Contracts". Journal of International Arbitration 39, Issue 1 (1.02.2022): 61–78. http://dx.doi.org/10.54648/joia2022003.
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In recent years, the International Swaps and Derivatives Association (ISDA) has increasingly facilitated the use of arbitration as a means of resolving disputes arising out of derivatives transactions. Although the financial services industry is said to have traditionally preferred court-based dispute resolution, a number of factors suggest that market participants ought to consider the particular advantages of arbitration for such disputes. In particular, factors such as the ability of arbitration to mitigate enforcement risks in the absence of the mutual recognition of judgments and to deal with competing regulatory standards both in European and international derivatives suggest that arbitration should play an important role in the resolution of such disputes. This article reviews the history of arbitration in derivatives disputes and considers the recent moves by ISDA to facilitate the use of arbitration as a means of dispute resolution. It also considers the various options now available in this regard to market participants who seek to use ISDA standard form documentation, and the factors affecting the use of arbitration as a dispute resolution mechanism. It concludes that more research and data is required to monitor the use of arbitration in this area. Arbitration – arbitral rules and institutions – ISDA – Derivatives – financial services – arbitral award, recognition and enforcement – enforcement – choice of law
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Thien, Le Nguyen Gia. "Arbitration agreement or service contract on dispute resolution". Science & Technology Development Journal - Economics - Law and Management 2, nr 1 (28.12.2018): 58–65. http://dx.doi.org/10.32508/stdjelm.v2i1.502.
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Arbitration agreement plays a vital role in arbitral proceedings, because the absence of arbitration agreement will lead to the invalidity of arbitral proceedings. Firstly, arbitration agreement figures out the name and type of the arbitration mechanism, then it clarifies parties’ requirements relating to the arbitration procedure including substantive law for the merit, procedural law for the arbitration proceedings, language of arbitration, number of arbitrators in the tribunal, locality of arbitration etc. In its essence, arbitration agreement not only describes the parties’ autonomy but also serves as a service contract (service contract on dispute resolution), accordingly arbitration organ will supply service on dispute resolution for parties. Unlike normal service contracts, autonomies of parties in service contract on dispute resolution, which indicates that arbitration organ is the service supplier, are established in two divergent stages. In the event of specific circumstances, although arbitration agreement has validity, the arbitration organ can refuse to become a service supplier.
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Adi Astiti, Ni Nyoman, Ghozali Rahman i Siti Nur Ibtisamah. "The Position of Arbitration in Dispute Resolution of Islamic Financial Institutions". JURNAL AL-QARDH 6, nr 2 (31.12.2021): 76–83. http://dx.doi.org/10.23971/jaq.v6i2.3461.
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Arbitration in Islamic law is known as the term tahkim which comes from Arabic. Arbitration in Islam has been recognized in the Al-Qur’an, Sunnah and Ijmak. In Indonesia, sharia arbitration focuses on the field of muamalah or sharia-based civil law. Sharia arbitration is very relevant in resolving sharia banking disputes. The practice of tahkim has been done by the companions of the Apostle. Thus, the problems that are resolved by arbitration institutions are not against Islamic law, because Islamic law itself recognizes the legality of arbitration as dispute resolution. However, in the formation of an arbitration institution, elements prohibited by religion should not be included and its decisions are also not contradicting religious law. If a case is related to an arbitration institution to settle it, then according to Islamic law the official judicial institution is no longer authorized.
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Dang, Sichen. "Article: Summary Report on the Inaugural Meeting of the Air Silk Road Investment and Trade Dispute Resolution Centre with the Announcement of the New SHIAC Aviation Arbitration Rules (2024), Held in Shanghai, China, on 26 November 2023". Air and Space Law 49, Issue 2 (1.04.2024): 249–60. http://dx.doi.org/10.54648/aila2024014.
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This report provides an overview of the Eighth Shanghai International Air Law Forum, which was held at Jin Jiang Tower, Shanghai, China, on 26 November 2023. The Forum focused on the inauguration of the ‘Air Silk Road Investment and Trade Dispute Resolution Centre’ (ASR ITDRC), the seminar on ‘the risk prevention and dispute resolution of aviation investment and trade in the context of constructing the Air Silk Road’, and the announcement and introduction of the world’s first aviation-specific arbitration rules for institutional arbitration – the SHIAC Aviation Arbitration Rules (2024). This report consolidates the activities, presentations and keynote addresses from the Forum, highlighting the risk prevention for aviation investment and trade, the update of aviation arbitration rules in China, and the significance of the establishment of ASR ITDRC in improving the construction of a ‘One-Stop’ platform for aviation dispute resolution in Shanghai. China, aviation dispute resolution, SHIAC Aviation Arbitration Rules (2024), Air Silk Road Investment and Trade Dispute Resolution Centre
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Prihantini, Lilya Marischa, Mohammad Sood i Lalu Muhammad Hayyanul Haq. "Arbitration as Settlement of Disputes in Foreign Investments". International Journal of Multicultural and Multireligious Understanding 7, nr 8 (4.09.2020): 399. http://dx.doi.org/10.18415/ijmmu.v7i8.1937.
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This study aims to determine and understand the procedures for dispute resolution through arbitration in foreign investment (PMA), and how the development of arbitration is in accordance with positive knowledge and law in relation to dispute resolution in foreign investment (PMA). This research utilizes normative juridical legal research. This study uses a statutory, historical, and conceptual approach. The findings show that the procedure for disputing resolution through arbitration in foreign investment (PMA) has been confirmed in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. The development of arbitration is in accordance with positive knowledge and law in relation to dispute resolution in Foreign Investment (PMA), that investors, in this case, not all of them are able to have a positive impact on the progress of society and the Indonesian government, the legal process of arbitration in resolving disputes in foreign investment (PMA) is far from perfect words.
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Gabriel, Simon, i Roxane Schmidgall. "The revised Swiss arbitration law". Revija Kopaonicke skole prirodnog prava 4, nr 1 (2022): 75–89. http://dx.doi.org/10.5937/rkspp2201075g.
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Arbitration is a popular method for the effective and efficient resolution of commercial disputes. Switzerland, with its tradition of neutrality and cultural diversity, has become one of the leading places for arbitration worldwide. In 2021, Switzerland enacted its revised arbitration law, Chapter 12 of the Swiss Private International Law Act. e revision introduced new provisions, which make the arbitration law more accessible for foreign users. At the same time, the legislator avoided overloading the law with unnecessary provisions. e Swiss arbitration law remains concise and straightforward and will continue to serve the international arbitration community well.
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Nikolaou, Polyvios. "Mandatory Binding Arbitration: Avoiding Stalemates Over the Tax Chessboard". Intertax 49, Issue 12 (1.12.2021): 974–85. http://dx.doi.org/10.54648/taxi2021099.
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The resolution of tax treaty disputes under the Mutual Agreement Procedure (MAP) mechanism is inherently problematic. This article examines how the introduction of final-offer arbitration (FOA) can improve dispute resolution using a game-theoretical approach. It will be argued that arbitration introduces an element of finality that was demonstrably absent in the MAP while also contributing to the speedier resolution of disputes which is beneficial to all international stakeholders. After demonstrating the advantages of arbitration, the paper considers how its institutional design can be optimized in the tax context. It makes proposals regarding the publication of arbitral decisions to address concerns of countries that are still skeptical about whether or not to endorse it. Tax dispute resolution, game theory, mandatory binding arbitration, double tax treaties, mutual agreement procedure, baseball arbitration, international taxation.
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Rantsane, Ditaba Petrus. "The Origin of Arbitration Law in South Africa". Potchefstroom Electronic Law Journal 23 (3.11.2020): 1–27. http://dx.doi.org/10.17159/1727-3781/2020/v23i0a8963.
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This article seeks to trace the historical origin of arbitration as it is currently practised in South Africa. The resort to alternative dispute resolution methods has existed since time immemorial. The practice of arbitration was identified in the Bible when it was practised by King Solomon. South African traditional communities practised arbitration before the arrival of Western nations in South Africa, who brought with them their norms and practices. The community entrusted the responsibility of resolving disputes amicably to the headman, the Chief or the King. The practice of traditional alternative disputes resolution was disrupted by colonialism, which introduced Roman-Dutch law and subsequently English law influences. The aim of the parties under both Roman-Dutch law and English law was to steer their disputes away from courtrooms with their rigid rules and procedures. Hence the resort to arbitration. Through the passage of time, the parties lost respect for arbitration. Judicial intervention became a necessary tool to enforce the agreement to arbitrate or the subsequent award.
A concern was raised in some quarters regarding the South African arbitration legislation that stagnated in 1965 when it was enacted. The sophisticated legal system and the impartial and independent judiciary, provided a strong support to arbitration and its autonomy. The firm judicial support did not detract from the necessity for a complete overhaul of the arbitration prescript, which might position South Africa as the hub of commercial arbitration in Africa and globally. The enactment of the International Arbitration Act, 2017 marked a great milestone towards achieving that goal. Arbitration is embedded in the fabric of South African commercial dispute resolution.
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Menjucq, Michel, i Laurent Gouiffès. "The grapes of dispute resolution: arbitration and wine". Arbitration International 36, nr 4 (9.10.2020): 465–74. http://dx.doi.org/10.1093/arbint/aiaa037.
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Abstract This article explores the interplay between arbitration and wine law and the possibility of having increased recourse to arbitration in wine-related disputes. Since Antiquity, wine production and commercialization have been subject to specific regulations, which have progressively given rise to modern wine law. Wine law is primarily focused on the protection of the geographical origin and branding of wine as well as consumer protection, fields typically inadequate for arbitration. However, wine law also covers wine commercialization and related operations such as vineyard sales, which offer many opportunities for arbitration in the wake of the internationalization of wine production and trade. This is particularly true since the wine sector is characterized by both very specific trade usages and a high degree of technicality, which require adjudicators of wine-related disputes to have a high degree of sectorial expertise. Arbitration therefore appears to be a particularly well-suited means of dispute adjudication for wine-related litigation, as illustrated by the authors’ experience.
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Wibowo, Afrizal Mukti. "PERBANDINGAN HUKUM ARBITRASE DAN ALTERNATIF PENYELESAIAN SENGKETA ARBITRASE ONLINE INDONESIA DAN CINA". Audito Comparative Law Journal (ACLJ) 2, nr 2 (31.05.2021): 110–18. http://dx.doi.org/10.22219/aclj.v2i2.16372.
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This article focuses on legal comparisons between Indonesian law and China law regarding arbitration and alternative dispute resolution, especially online arbitration. The author sees a similarity in terms of law, namely that there is no single law regulating the use of online arbitration. Even more, the conditions of the Covid-19 pandemic focused alternative dispute resolution to be carried out online as well. This paper is normative legal research with a comparative approach. The results of this paper are neither in Indonesia nor China regulates online arbitration in their legal system, but both provide opportunities for online arbitration to be held. There are differences in Indonesia and China. In Covid-19 pandemic situation force BANI Arbitration Center implemented online arbitration. But in China, China International Economic and Trade Arbitration Commission (CIETAC) fully implement online arbitration before covid-19 pandemic.
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Hasyim, A. Dardiri, i Darsinah Darsinah. "THE CONFORMITY BETWEEN LAW NO. 1 OF 2021 AND LAW NO. 30 OF 1999 IN THE RESOLUTION OF ECONOMIC DISPUTES BETWEEN INDONESIA AND EFTA COUNTRIES". Jurnal Hukum Mimbar Justitia 8, nr 2 (30.12.2022): 414. http://dx.doi.org/10.35194/jhmj.v8i2.2947.
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Law No. 1 of 2021 mentions that there are basic materials stipulated in the IE-CEPA Agreement, among others, dispute resolution. This paper aims to explain the implementation of economic dispute resolution in the approval of a comprehensive economic partnership between Indonesia and EFTA countries perspective of the Arbitration Law. This research uses a library approach, where the data collection technique uses literature and document studies. Meanwhile, the data analysis used is a triangulation technique. The results showed that the approval of a comprehensive economic partnership between Indonesia and the EFTA country as stipulated in Law No. 1 of 2021 does not clash with Law No. 30 of 1999 on Arbitration. This is because there is an accompanying Arbitration Event Law, especially concerning the selection of arbitration panels. In all, there are 8 (eight) perspectives that show the similarity of the two Laws, namely: Written application in choosing dispute resolution through Arbitration; Conciliation and Mediation; Selection of arbitrators; Examination by the Arbitrator; Language of Arbitration; Determination is final and binding; Peaceful efforts; And not willing a person to be elected as an arbitrator.Keywords: Arbitration, Disputes, EFTA.
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Radhi, Hassan Ali. "International Arbitration and Enforcement of Arbitration Awards in Bahrain". BCDR International Arbitration Review 1, Issue 1 (1.09.2014): 29–47. http://dx.doi.org/10.54648/bcdr2014003.
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Since the formation in the mid-nineteenth century of Al-Majlis Al-Urfi as an international dispute resolution institution consisting of Bahraini and non-Bahraini members, Bahraini law makers have shown great concern for securing protection for foreign investors and commercial entities by developing laws and institutions governing dispute resolution in the fields of international trade and investment. Given the recent rapid economic development of the markets in the Middle East region, further development of laws on trade and investment has become imperative. Currently arbitration in Bahrain is governed by the Civil and Commercial Procedures Law and the International Commercial Arbitration Law, the latter of which is based upon the UNCITRAL Model Law. A new unified comprehensive law based on the UNCITRAL Model Law as amended in 2006 is expected to be promulgated soon. Furthermore, since Bahrain acceded to the New York Convention in 1988, Bahraini courts have enforced foreign arbitral awards. Bahrain is also party to other regional conventions in this respect. Despite these positive developments in Bahraini laws, there still exist some legislative and practical hindrances to arbitration and the enforcement of arbitral awards. This study introduces and analyzes the relevant laws governing arbitration in Bahrain, deals critically with the obstacles facing arbitration and suggests appropriate remedies to these hindrances.
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Lal, Hamish, i Brendan Casey. "Ten Years Later: Why the ‘Renaissance of Expedited Arbitration’ Should Be the ‘Emergency Arbitration’ of 2020". Journal of International Arbitration 37, Issue 3 (1.06.2020): 325–40. http://dx.doi.org/10.54648/joia2020015.
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While the last decade will be remembered for the splash created by the invention of Emergency Arbitration and its subsequent wide adoption across institutional rules, this article proposes that the next decade should be known for the Renaissance of Expedited Arbitration. There is little doubt that Emergency Arbitration responded to certain user needs and sought to fill a void in international arbitration related to interim relief ordered by an arbitrator prior to the constitution of the tribunal. However, the label Emergency Arbitration ‘over-promised’ by suggesting to some users that under this innovation they could achieve a quick final resolution of their dispute. Now that the ability for parties to obtain pre-tribunal-constitution interim relief is settled, the arbitral community must respond to the user’s desire to obtain swifter final resolution. This article proposes that the best way to achieve that end is through the expansion of the parameters associated with the applicability of the ‘expedited track’ in arbitral rules. By expanding the default application of these rules, users would have the ability to obtain swifter final resolution of more disputes while retaining safeguards in situations where the arbitral tribunal found that the expedited track would move ‘too fast’ for the dispute at hand. Expedited Arbitration, Emergency Arbitration, Interim Relief, hundred-Day Arbitration, Enforceability, ICC Commission Report Emergency Arbitrator Proceedings, Interim Order, Efficiency, Time, Cost
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Suryawan, Ryan Firdiansyah, Sungkono i Endah Yuniarti. "Resolution of Business Disputes in the Aviation Industry: The Role of Law and Arbitration". Journal of Law, Politic and Humanities 4, nr 1 (20.12.2023): 45–51. http://dx.doi.org/10.38035/jlph.v4i1.358.
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The purpose of this study is to explore the legal framework governing dispute resolution, examine the practice of using arbitration, identify the challenges faced, and provide recommendations to improve the effectiveness of business dispute resolution in the aviation industry. Conduct a review of the relevant literature to understand the legal framework governing business dispute resolution in the aviation industry, as well as practices and trends in the use of arbitration. Analyze data obtained from literature studies, case analysis, and, trends, and findings relevant in the context of business dispute resolution in the aviation industry. The role of arbitration law and implementation in the resolution of business disputes in the aviation industry is of significant importance. Law governs operational aspects and handles conflicts, while arbitration offers efficient and transparent solutions. The focus on investment risk prevention, regulatory updates, and negotiation methods demonstrate efforts to improve a conducive business environment. Consumer protection and law enforcement are necessary to ensure fairness for all parties. Thus, efforts to increase the role of arbitration law and implementation can bring great benefits in the aviation industry.
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Barradas, Rodrigo, i Jorge Vázquez. "Baseball Arbitration as a Suitable Alternative for Construction and Real Estate Disputes". Journal of International Arbitration 40, Issue 2 (1.03.2023): 211–30. http://dx.doi.org/10.54648/joia2023010.
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Baseball Arbitration (or Final Offer Arbitration (FOA)) is a dispute resolution mechanism to resolve controversies where each party submits a final offer. The arbitral tribunal must then decide by picking only one of these proposals. Given the arbitrators’ powers’ limitations, these proceedings are usually shorter and less expensive than traditional dispute resolution mechanisms. In addition, contrary to conventional arbitration, parties tend not to assume unrealistic or extreme positions, which could promote amicable settlement since it is an all-or-nothing proceeding. FOA could effectively resolve monetary disputes in industries where parties seek to preserve the commercial relationship while avoiding unnecessary delays. Therefore, Baseball Arbitration could be advantageous in the construction and real estate sectors. However, most arbitral institutions do not have specific rules for conducting Baseball Arbitration proceedings. This article proposes a model clause for parties wishing to submit their disputes to FOA. In our proposal, the arbitrator will receive the parties’ final offers and then issue its reasoned award, asserting the rationale to choose one offer over the other. Arbitration, Baseball Arbitration, Final Offer Arbitration, ADR Mechanisms, Construction Disputes, Construction Arbitration, Real State Disputes, Real Estate Arbitration, Model Clauses
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Modaffari, Fortunata Giada. "The Construction Law in the Middle East". Scholars International Journal of Law, Crime and Justice 6, nr 04 (23.04.2023): 234–38. http://dx.doi.org/10.36348/sijlcj.2023.v06i04.006.
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This article analyzes the structuring of Construction Law in Middle Eastern countries. It is an excursus that deals specifically with what the Muqawala contract is, its usefulness and also its history, up to an indication of the most important issues and elements of construction contracts in Middle Eastern countries. Specifically, the most important and legally interesting case relating to the resolution of disputes related to incorrect contractual execution was also analysed. In addition, a further analysis was carried out on Arbitration as one of the most common instrument and also the most common form of dispute resolution in contracts involving international Parties and related to the same on a number of increasingly widespread and increasingly used local arbitration bodies including the Dubai International Arbitration Center and DIFC/LCIA Arbitration Centre.
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Kawano, Masanori. "Arbitration as a transnational business dispute resolution". Acta Juridica Hungarica 49, nr 3 (wrzesień 2008): 299–303. http://dx.doi.org/10.1556/ajur.49.2008.3.4.
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Panjaitan, Hulman. "PELAKSANAAN PUTUSAN ARBITRASE DI INDONESIA". to-ra 4, nr 1 (7.05.2018): 29. http://dx.doi.org/10.33541/tora.v4i1.1170.
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Abstract
Dispute resolution through arbitration has many bene ts, so that the parties prefer to settle their dispute through an arbitration body compared to general justice which requires a long time and relatively large costs. Encouraged by this awareness and future preparations, the Indonesian government has issued Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. This law has regulated how the proceedings before arbitration and the procedure for implementing the award, both national and international in nature.
Keywords: arbitration; Indonesian government; UU No. 30 Tahun 1999; regulation.
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Goh, Allison. "Digital Readiness Index for Arbitration Institutions: Challenges and Implications for Dispute Resolution Under the Belt and Road Initiative". Journal of International Arbitration 38, Issue 2 (1.04.2021): 253–90. http://dx.doi.org/10.54648/joia2021013.
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Post-COVID-19, a paradigm shift has occurred in the adoption of technology in arbitration. Leading arbitral institutions have adapted quickly, highlighting the foresight of institutions who have existing technological infrastructure in place. This article proposes a ‘Digital Readiness Index’, which aims to evaluate arbitral institutions on their level of digital readiness based on five evaluative indicators. Crossreferenced against Institute for Management Development (IMD’s) 2019 World Digital Competitiveness Rankings, the findings reveal synergies between an economy’s digital competitiveness and the adoption of technology in dispute resolution. To further the development of dispute resolution processes under the Belt and Road Initiative, strategic cooperation is required under the Beijing Joint Declaration of the ‘Belt and Road’ Arbitration Institutions, to advance best practices and protocols in the use of technology in arbitration, and address challenges such as cybersecurity and data protection. international arbitration, belt and road initiative, digital competitiveness, technology and arbitration, remote hearing, arbitration institutions, cybersecurity and data protection
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Ispolinov, Aleksey S. "International Investment Arbitration as a Sphere of International Public Law and Constitutional Law". Zakon 20, nr 12 (grudzień 2023): 108–22. http://dx.doi.org/10.37239/0869-4400-2023-20-12-108-122.
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The article analyses the main features of modern arbitration of investment disputes between investors and investment-receiving states and argues that modern investment arbitration is strikingly different from the model that states had in mind when it was created. Investment arbitration has evolved from a private model of dispute resolution to a mechanism that is fully regulated by public international law due to the fact that investment arbitration is created on the basis of an international agreement and considers disputes concerning the obligations of States arising not from a contract, but from international treaties. The current state of investment arbitration requires a rethinking of the domestic doctrine regarding investment disputes and investment arbitrations in favour of recognising their public-law nature and its being at the intersection of public international law and constitutional law.
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Nufaris Elisa. "The Resolution of International Trade Disputes through Arbitration". Britain International of Humanities and Social Sciences (BIoHS) Journal 2, nr 1 (29.02.2020): 296–301. http://dx.doi.org/10.33258/biohs.v2i1.191.
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If an international trade dispute occurs, so that the ways of resolution can be reached through non-litigation (alternative litigation) or Alternative Dispute Resolution (ADR). The facilities classified as ADR other than Arbitration facilities as contained in Article 6 of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution which includes facilities including Meditation facilities, Negotiation facilities, Consolidation facilities, and other facilities. Based on the Arbitration Law it provides an opportunity to resolve trade disputes through the Arbitration institution and it is very appropriate if this institution has a very important role in resolving disputes that occur in the world of international trade. The scope of disputes which can be tried in a trial of the International Commercial Arbitration institution must be related to the issue of trade, finance and general trading (commerce), while those relating to other matters have nothing to do at all.
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Zachariasiewicz, Maciej. "Amicus Curiae in International Investment Arbitration: Can It Enhance the Transparency of Investment Dispute Resolution?" Journal of International Arbitration 29, Issue 2 (1.04.2012): 205–24. http://dx.doi.org/10.54648/joia2012012.
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In investment arbitration there is a tension between the consensual commercial character of a dispute and an increasing need to offer transparent proceedings where a public interest is involved. It came to be quite clear from the beginning of the twenty-first century that investment arbitration would benefit from being more transparent and that the participation of amici curiae might be one method of addressing the problem. The Article concentrates on the role of non-disputing parties in investment arbitration and the changes that have occurred in the arbitration rules and BITs during the last decade. It is argued that the participation of non-disputing parties does increase the transparency of investment arbitration and allows for a greater democratic legitimacy of the whole process. In particular, the Article advocates a view that it is both possible and desirable to enhance the existing procedural framework by guaranteeing to amici curiae access to the arbitration documents and to oral hearings, subject to the necessary protection of genuine commercial secrets.
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Zheng, Pai, i Ningze Xie. "China’s First One-Stop Aviation Dispute Resolution Platform in Shanghai: Recent Development". Air and Space Law 48, Issue 4 /5 (1.09.2023): 419–44. http://dx.doi.org/10.54648/aila2023053.
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Integrating a diversified dispute resolution mechanism into civil and commercial aviation dispute resolution has become an emerging trend, aiming to allow the disputing parties to have access to all available dispute resolution alternatives in a convenient, efficient and cost-effective manner. In China, the most recent development regarding the integration of a diversified dispute resolution mechanism that combines arbitration, mediation and litigation specific to aviation disputes, as evidenced by the creation of the first One-Stop Aviation Dispute Resolution Platform (hereinafter ‘One-Stop Aviation DRP’) in Shanghai on 18 May 2023. This ‘three-in-one’ platform is formed by the Shanghai International Aviation Court of Arbitration (SIACA) established in 2014, the Mediation Centre for Aviation Disputes established in 2020, and the Adjudication Station for Aviation Cases – a unique court branch – established in 2023. This article introduces the One-Stop Aviation DRP, explains the recent development of the three aviation-specific dispute resolution institutions thereunder, and proposes to use Online Dispute Resolution (ODR) as a feasible tool for constructing the One-Stop Aviation DRP in the near future. China, aviation dispute resolution, arbitration, mediation, One-Stop Platform, ODR
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Sudjana, Sudjana. "Efektivitas dan Efisiensi Penyelesaian Sengketa Kekayaan Intelektual melalui Arbitrase dan Mediasi berdasarkan Undang-Undang Nomor 30 Tahun 1999". Ajudikasi : Jurnal Ilmu Hukum 2, nr 1 (20.07.2018): 81. http://dx.doi.org/10.30656/ajudikasi.v2i1.598.
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This review discusses the effectiveness and efficiency of dispute resolution of intellectual property through Arbitration compared to Mediation under Law Number 30 of 1999.Approach method used is normative juridical, that is studying national legislation. Specific descriptive analytical research in the sense of describing the issues discussed and analyzed. The research stage is done through literature study to examine the primary law material such as Law Number 30 of 1999 Concerning Arbitration and Alternative Dispute Resolution. Furthermore, secondary law material is done through expert opinion, and tertiary legal material is digital source (internet). Data collection techniques are conducted through document studies, which are conducted by reviewing documents on intellectual property dispute resolution. Then the method of data analysis is done through normative qualitative, it means to study the problem do not use statistic formula, but starting from the principles of law.The results of the study show that the settlement of intellectual property disputes through Arbitration and Mediation each has advantages and disadvantages. Mediation is more effective and efficient than Arbitration relating to stakeholder relations, atmosphere, results achieved, and costs. However, in terms of legal certainty, arbitration is more effective because the decision is final and binding. Keywords: Dispute Resolution, Intellectual Property, Arbitration, Mediation.
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Kałużny, Tomasz. "ARBITRATION JUDICIARY – NEW QUALITY OF DISPUTE RESOLUTION". Roczniki Administracji i Prawa specjalny, nr XXI (30.12.2021): 623–38. http://dx.doi.org/10.5604/01.3001.0015.6210.
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Arbitration judiciary, often referred to as arbitration, is commonly presented in the literature as one of the alternative methods of dispute resolution. The objections to the irregularities of the judicial state system and legitimate expectations in terms of reducing the time and costs of the proceedings guarantee the parties real access to court and protection of their rights by drawing up an arbitration clause. As part of the mutual relations of arbitration with respect to alternative dispute resolution methods, it should be emphasized that arbitration is a real alternative to the state justice administered by the common courts. It is also worth pointing to the possibilities and the need for disputes resolution by arbitration constituting as an important addition to the course of justice made by courts. The consistent intention to resolve the conflict reflected in the arbitration agreement and the exceptional opportunities for the parties to participate in the arbitration proceedings constitute a new content of the culture and legal awareness of citizens and the creation of modern mutual relations between the parties of broadly understood civil law relations. An arbitration clause, the implementation of arbitration proceedings and the resolution of a dispute within the framework of arbitration may and should therefore constitute a new quality in the administration of justice.
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Kornbeck, Jacob. "Dispute Resolution in Sport: Athletes, Law and Arbitration". Sport, Ethics and Philosophy 11, nr 4 (28.05.2017): 477–80. http://dx.doi.org/10.1080/17511321.2017.1332678.
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Hyder Razvi, S. M. "Mandatory Rules of Law in International Business Arbitration". LAHORE JOURNAL OF ECONOMICS 3, nr 2 (1.07.1998): 35–58. http://dx.doi.org/10.35536/lje.1998.v3.i2.a3.
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Of all mankind’s adventures in search of peace and justice, arbitration is amongst the earliest. Long before law was established, or courts were organised, or judges had formulated principles of law, man had resorted to arbitration for the resolution of discord, the adjustment of differences and the settlement of disputes. One of the recurring themes in International Business Arbitration is the tension between the will of the parties and the ability of states of regulate the conduct of arbitration proceedings. The general trend in international commercial arbitration is to respect, within limits, the will of the parties regarding the choice of law and the procedure for carrying out their arbitration. Thus, party autonomy is recognised as one of the cardinal elements of international business arbitration.
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Wiko, Garuda, i Fatma Muthia Kinanti. "Legality Aspect Of Conducting Documents Only Arbitration In Indonesia". Jambura Law Review 3, nr 2 (14.10.2021): 231–52. http://dx.doi.org/10.33756/jlr.v3i2.9914.
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Documents-Only Arbitration (DOA) is a type of arbitration that is carried out entirely by written documents-only. DOA is beneficial when the burden and substance of the dispute are relatively simple and when there are obstacles to conduct a face-to-face proceeding (instance in the Covid-19 Pandemic or limitation of cost). This study examined the DOA trial method and how it is based on Law No. 30 Year1999 concerning Arbitration and Alternative Dispute Resolution as the lex arbitri in Indonesia. Regulations, Rules, and Procedures from arbitration institutions, both national and international are also studied to better understand the problem. This study aimed to explain the legality of arbitration based on Documents-Only Arbitration in Indonesia. This study concluded that the conduct of DOA is very possible to be implemented in Indonesia and does not conflict with Law No. 30 Year 1999 concerning Arbitration and Alternative Dispute Resolution (Arbitration Law).
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Monsenego, Jérôme. "Does the Achmea Case Prevent the Resolution of Tax Treaty Disputes through Arbitration?" Intertax 47, Issue 8/9 (1.08.2019): 725–36. http://dx.doi.org/10.54648/taxi2019071.
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In this article the author investigates whether, and if so to what extent, the Achmea case may have an impact on the resolution of disputes involving tax treaties through arbitration. It is concluded that both tax treaty arbitration under Article 25(5) of the 2017 OECD Model and the dispute resolution mechanisms included in the Dispute Resolution Directive are compatible with the Achmea case.
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Schwing, Mel Andrew. "The KLRCA I-Arbitration Rules: A Sharia-Compliant Solution to the Problems with Islamic Finance Dispute Resolution in Singapore and Malaysia?" Journal of International Arbitration 34, Issue 3 (1.07.2017): 425–58. http://dx.doi.org/10.54648/joia2017022.
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In 2012, the Kuala Lumpur Regional Centre for Arbitration launched its i-Arbitration Rules in an attempt to attract more disputes from the multitrillion-dollar Islamic finance industry. The i-Arbitration Rules attempt to provide a Shari’a-compliant protocol for international commercial arbitration of those disputes. This article analyses whether they meet that objective by first exploring why there is a need for an alternative method of dispute resolution in Asia for Islamic finance disputes, then looking at the issues that arise when Shari’a matters are subject to international commercial arbitration, and finally considering whether the i-Arbitration Rules resolve those issues.
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Mikhailova, Ekaterina V. "Methods and forms of resolution of interstate disputes". Gosudarstvo i pravo, nr 3 (2023): 128. http://dx.doi.org/10.31857/s102694520024819-1.
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The article is devoted to the search for an answer to the question about the criteria for determining the methods and forms of protection of violated or contested rights in interstate legal conflicts. The problem of dispute resolution procedures in which sovereign states and international entities act as parties is currently particularly acute. International cooperation is acquiring the broadest forms, which results not only in the improvement of the positions of states in certain areas, but also in the growth in the number of interstate and international conflicts. Based on the analysis of the domestic Russian system for the protection of rights, freedoms and legitimate interests, it was concluded that there are two alternative methods of protection: public law, based on the present position of the judicial authority over the disputing parties; and private law, in the form of arbitration. The criterion for their application in the domestic sphere is the legal nature of the disputed material relationship and the ratio of the legal statuses of the disputing subjects: “vertical” disputed legal relations allow only public legal protection, private law, “horizontal” legal relations allow arbitration, subject to the consent of both parties. It is shown that interstate legal relations in a similar way can be private law, that is, based on the equality of the member states participating in them, and “vertical”, legal relations of the coordination type, in which sovereign states renounce part of their sovereignty and voluntarily submit to the jurisdiction of a certain international judicial body. The conclusion is formulated that in interstate conflicts both methods of protection retain their significance and are applied on the basis of the criterion of the correlation of the legal statuses of the persons (states) involved in the case. It is shown that the arbitration of interstate disputes (international arbitration) retains all the features and properties of the arbitration of “internal” cases and should be applied solely on the basis of the will of the states - parties to the disputed material legal relationship.
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Vannieuwenhuyse, Gauthier. "Arbitration and New Technologies: Mutual Benefits". Journal of International Arbitration 35, Issue 1 (1.02.2018): 119–29. http://dx.doi.org/10.54648/joia2018005.
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New technologies such as Big Data, blockchain, machine learning, and text-mining have made it to the legal world, simplifying all phases of the dispute resolution process. Arbitration and these new technologies share a mutually beneficial relationship. On the one hand, new technologies will improve efficiency, cut costs, promote the expansion of arbitration into new segments of the market, and improve outcomes for clients. On the other hand, the proliferation of new technologies will inevitably generate disputes that arbitration is best-suited to resolve. For example, although self-execution limits certain litigation risks concerning the performance of smart contracts, conflicts regarding their definition, interpretation, and general framework are likely to arise. The delocalized nature of the arbitral regime, the flexibility of proceedings, and the straightforward enforcement of awards are key features that make arbitration the optimal dispute resolution mechanism for new technology disputes. New technologies can thus reinforce arbitral proceedings, and arbitration can provide insurance to these emerging practices – these reciprocal benefits should be exploited.
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Syamana, Femmy, i Zil Aidi. "Klausul Arbitrase dan Kewenangan Absolut Lembaga Arbitrase dalam Praktek Penyelesaian Sengketa di Luar Pengadilan". Reslaj : Religion Education Social Laa Roiba Journal 6, nr 3 (24.01.2024): 2493–500. http://dx.doi.org/10.47467/reslaj.v6i3.5101.
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In Indonesia, the settlement of disputes through arbitration is regulated by Law no. 30 of 1999 concerning Arbitration and Alternative Problem Resolutions. Article 7 Law no. 30 of 1999 stipulates that the parties can agree to an agreement on a dispute that has occurred or will occur between them to be resolved through arbitration with a written agreement agreed upon by the parties. In the selection of arbitral settlement there is a link between the arbitration clause and the selection of settlement through arbitration as well as the implementation of absolute authority and the selection of arbitral institutions in the practice of dispute resolution outside the court. The approach method used is normative juridical. The results of the study state that the choice of arbitration as a dispute resolution is based on a contract in accordance with what is implied in Article 7 and Article 9 paragraph (1) of Law Number 30 of 1999, and in this case the parties to the agreement agree to include an arbitration clause, The court is bound by the agreement made by the parties, with the provisions of the article, the absolute competence of arbitration is born when the parties expressly choose to resolve disputes through an arbitration forum where this has been accommodated in Article 3, Article 4, Article 10 and Article 11 paragraphs (1) and (2) in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, which negates the authority of court institutions to examine cases that are already bound by an arbitration clause.
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Femmy Syamana, Femmy Syamana, i Zil Aidi Zil Aidi. "Klausul Arbitrase dan Kewenangan Absolut Lembaga Arbitrase dalam Praktek Penyelesaian Sengketa di Luar Pengadilan". Reslaj: Religion Education Social Laa Roiba Journal 6, nr 4 (9.02.2024): 1547–54. http://dx.doi.org/10.47467/reslaj.v6i4.733.
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In Indonesia, the settlement of disputes through arbitration is regulated by Law no. 30 of 1999 concerning Arbitration and Alternative Problem Resolutions. Article 7 Law no. 30 of 1999 stipulates that the parties can agree to an agreement on a dispute that has occurred or will occur between them to be resolved through arbitration with a written agreement agreed upon by the parties. In the selection of arbitral settlement there is a link between the arbitration clause and the selection of settlement through arbitration as well as the implementation of absolute authority and the selection of arbitral institutions in the practice of dispute resolution outside the court. The approach method used is normative juridical. The results of the study state that the choice of arbitration as a dispute resolution is based on a contract in accordance with what is implied in Article 7 and Article 9 paragraph (1) of Law Number 30 of 1999, and in this case the parties to the agreement agree to include an arbitration clause, The court is bound by the agreement made by the parties, with the provisions of the article, the absolute competence of arbitration is born when the parties expressly choose to resolve disputes through an arbitration forum where this has been accommodated in Article 3, Article 4, Article 10 and Article 11 paragraphs (1) and (2) in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, which negates the authority of court institutions to examine cases that are already bound by an arbitration clause.
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Greenwood, Lucy. "The Canary Is Dead: Arbitration and Climate Change". Journal of International Arbitration 38, Issue 3 (1.06.2021): 309–26. http://dx.doi.org/10.54648/joia2021015.
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As international lawyers, arbitration practitioners are at the forefront of global issues, yet in relation to climate change and its impact on our practices, we have been slow to act. This article considers the role that arbitration should play in determining climate change disputes and the role that arbitration practitioners could play in shaping and adapting international law to respond to the climate crisis. The pandemic has driven significant behavioural change in the arbitration community. Now is the time to reflect on our practices to ensure that arbitration remains relevant and fit for purpose in a world where climate change will impact every area of our lives. Climate change, Climate emergency, Arbitration, Protocol, Investment Arbitration, Commercial Arbitration, Dispute Resolution, Paris Agreement, Greener Arbitrations, Green Pledge
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Pit, H. M. "Arbitration institutes forum: The Changed Landscape of Tax Dispute Resolution Within the EU: Consideration of the Directive on Tax Dispute Resolution Mechanisms". Intertax 47, Issue 8/9 (1.08.2019): 745–59. http://dx.doi.org/10.54648/taxi2019073.
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With the Council’s adoption of the Directive on Tax Dispute Resolution Mechanisms on 10 October 2017, the resolution of tax disputes among Member States enters a new phase. What originally started in 1976 with a proposal for a directive to settle transfer pricing disputes by means of arbitration has led to the adoption of a directive in 2017 for all disputes among Member States on the interpretation and application of their mutual tax treaties on income and capital. This Directive aims at improving existing dispute resolution mechanisms contained in these tax treaties and the EU Arbitration Convention. To that end, four specific objectives have been defined in the directive’s preamble, which are (1) broadening the scope of application of the EU Arbitration Convention to all disputes concerning the application and interpretation of tax treaties between Member States; (2) ensuring legal certainty for taxpayers; (3) ensuring effectiveness and efficiency; and (4) ensuring transparency. This article examines whether each of these objectives is attained in light of the experiences gained with the EU Arbitration Convention.
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Castagna, Stefano. "The Benefits of Differentiated Transparency. Proposal for Graduated Confidentiality Regimes within International Tax Disputes". Intertax 48, Issue 12 (1.11.2020): 1125–44. http://dx.doi.org/10.54648/taxi2020113.
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To date, legislators and policymakers have not yet used any explicit policy criterion to balance transparency matters when dealing with EU and OECD tax dispute resolution reforms. This article wants to fill this void by providing a unique tool for implementing changes in international tax dispute resolution mechanisms, balancing different expectations and needs of stakeholders. Providing an example of its application, it proposes the use of differentiated levels of transparency according to stakeholders’ interests to ensure efficiency and fairness of outcome. The article employs principles of data protection regulations as a means to propose changes, drawing inspiration from comparable dispute resolution regimes that deal with taxation matters (Investor-State Dispute Settlement, International Commercial Arbitration and World Trade Organization dispute resolution mechanism). It concludes by providing proposals to render more efficient the current EU and OECD tax dispute resolution mechanisms. Transparency, dispute resolution, international arbitration, legitimate interests, reform, WTO, ICSID, commercial arbitration, EU tax, OECD.
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Markert, Lars, i Raeesa Rawal. "Emergency Arbitration in Investment and Construction Disputes: An Uneasy Fit?" Journal of International Arbitration 37, Issue 1 (1.03.2020): 131–42. http://dx.doi.org/10.54648/joia2020005.
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This article examines the compatibility of emergency arbitration with (1) investment treaty disputes and (2) construction disputes, respectively. The article begins by giving a brief synopsis of the evolution of emergency arbitration, following which its suitability to investment treaty disputes and construction disputes is considered. The authors provide critical analysis of the compatibility of the emergency arbitration procedure with pre-arbitral requirements in both of these categories of disputes. The authors conclude that the practices surrounding emergency arbitration need to be developed further, and specifically, the issues surrounding enforcement need to be resolved. Emergency Arbitration, Construction Arbitration, Investment Treaty Arbitration, Enforceability, Third Parties, Dynamic Interpretation of Consent, Cooling-off Clauses, Multi- Tiered Dispute Resolution Clauses
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Niu, Jill, Kathryn Sanger i Beatriz Segorbe. "Arbitration in Greater China: Hong Kong, Macau and Taiwan". Journal of International Arbitration 24, Issue 6 (1.12.2007): 651–71. http://dx.doi.org/10.54648/joia2007048.
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Arbitration has come to play an increasingly important role in Asia, particularly in the People’s Republic of China. In that context, this article discusses the role that arbitration plays in Greater China, namely Hong Kong, Macau and Taiwan. Experienced practitioners from Hong Kong, Macau and Taiwan have each provided a practical introduction to arbitration in their own jurisdiction, detailing the legal system underpinning the arbitration regime, particular features of arbitration, the relevant arbitral institutions and enforcement of arbitration awards in that jurisdiction, including PRC awards. The section on Hong Kong also explains the special relationship that Hong Kong enjoys with Mainland China and how that impacts on the resolution of PRC-related disputes through arbitration.
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Rašljanin, Imran A., Senad F. Ganić, Samir O. Manić i Sead S. Kadrić. "SHORT HISTORICAL ANALYSIS OF THE DEVELOPMENT OF ARBITRATION LAW". SCIENCE International Journal 3, nr 1 (14.03.2024): 63–67. http://dx.doi.org/10.35120/sciencej0301063r.
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This article delves into the historical evolution of arbitration, exploring its roots from ancient times to its contemporary practice. It discusses how arbitration emerged as an informal method of dispute resolution, tracing its trajectory through various civilizations and legal systems. Highlighting significant milestones, it charts the development of arbitration from early city-state mediations to its integration into legal structures worldwide. Examining Roman arbitration and its similarities to contemporary practices, it showcases how the concept evolved within different historical contexts. Additionally, it explores the role of Christian and Islamic arbitration, shedding light on their distinctive contributions to the arbitration landscape. The paper concludes by underscoring the enduring relevance of arbitration as a flexible and effective means of resolving disputes across diverse cultures and legal frameworks.
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Adhypratama, Bayu. "THE PHILOSOPHICAL BASIS OF THE COMPETENCE TO ADJUDICATE BANKRUPTCY CASES INVOLVING AN ARBITRATION CLAUSE". Jurnal Hukum dan Peradilan 10, nr 1 (13.04.2021): 89. http://dx.doi.org/10.25216/jhp.10.1.2021.89-113.
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This research stems from the conflict of competence between Commercial Court and Arbitration in a bankruptcy case involving an arbitration clause. This occurs when parties make an agreement including arbitration as a mechanism of dispute resolution. Nevertheless, when a dispute occurs, one of the parties file a bankruptcy petition to Commercial Court as contained in Article 303 of the Bankruptcy Law. Meanwhile, according to Article 3 and 11 of the Arbitration Law, agreements containing arbitration clause as a mean of dispute resolution provides absolute competence, which is consistent with the pacta sunt servanda principle outlined by Article 1338 of the Civil Code. This raises the question of whether Article 303 of the Bankruptcy Law is inconsistent with pacta sunt servanda or to the arbitration clause as the agreed mechanism of dispute resolution by the parties, because the substance of legal norms has philosophical basis. This research uses normative juridical approach which examines legal materials through the study of documents. The research show that Commercial Court is an extra ordinary court which settle bankruptcy filed to the court. Therefore, the competence cannot be set aside by arbitration in the sense of its legal position and capacity as extra judicial even though it originates from an agreement containing arbitration clause. The philosophical basis that can be applied in the conflict of law refers to the principles governing legislation, namely lex specialis derogat legi generalis, lex posterior derogat legi priori, and integration principles of Article 303 of the Bankruptcy Law.
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Yuniar, Vania Shafira, i Florentiana Yuwono. "The Comparison Of Arbitration Dispute Resolution Process Between Indonesian National Arbitration Board (BANI) And London Court Of International Arbitration (LCIA)". Journal of Private and Commercial Law 6, nr 1 (1.06.2022): 77–99. http://dx.doi.org/10.15294/jpcl.v6i1.30265.
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Arbitration is a way of resolving a civil dispute outside the general court based on an arbitration agreement made in writing by the disputing parties. Each country has a different settlement process. In Indonesia arbitration is based on Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. The Indonesian National Arbitration Board (BANI) is an agency established by the Indonesian government for law enforcement in Indonesia in resolving disputes or differences of opinion that occur in various trade, industrial and financial sectors. Likewise in Indonesia, in England there is also an Arbitration Board called LCIA which is one of the oldest arbitration institutions in the world and has resolved 303 cases annually. This agency acts autonomously and independently in upholding law and justice. The purpose of this research is to determine the differences in the dispute resolution process through arbitration in Indonesia and the UK. The research method used in this article is normative legal research and through a literature study approach with secondary assessment of legal materials and juridical data analysis. The results prove that the process and procedures for dispute resolution at the LCIA institution are different from the BANI institution in the process and procedures. as well as the legal basis used in resolving the parties' business disputes.
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Mason, Paul Eric. "New Keys to Arbitration in Latin-America". Journal of International Arbitration 25, Issue 1 (1.02.2008): 31–69. http://dx.doi.org/10.54648/joia2008002.
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It is commonly accepted that, until recently, arbitration in Latin America was frozen in time in the nineteenth century. However, in the 1990s, arbitration developed relatively quickly, tracking the rise of privatization, investment deregulation and globalization in the region. Since then, arbitration has taken on a variety of forms, the most prominent being commercial arbitration involving businesses, investor-state arbitrations, and trading bloc-based arbitration. This article analyzes the first two of these, and is divided into sections, each describing a key development of arbitration in Latin America. The ten key sections are analyzed in the following order: (1) relationship of arbitration to political and economic change in the region; (2) acceptance of arbitration in Latin American state contracts; (3) investment treaty arbitration; (4) growing use and promotion of arbitration by international funding agencies; (5) application of international treaties supporting arbitration; (6) domestic legal support for arbitration in Latin America; (7) development of institutional arbitration versus ad hoc arbitration; (8) industry and activity-specific arbitration; (9) multi-tier dispute resolution mechanisms; (10) the profession in Latin America.
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Larosa, Wardaniman, Eriyantouw Wahid i Gunawan Djajaputra. "Application of Online Arbitration to Dispute Resolution E-Commerce Business in Indonesia (in Academic Discourse and Practice)". Asian Journal of Engineering, Social and Health 2, nr 3 (20.03.2023): 228–46. http://dx.doi.org/10.46799/ajesh.v2i3.56.
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Online trade dispute resolution has actually been regulated in the Law on Trading Through Electronic Systems, namely "PMSE dispute resolution as referred to in paragraph (1) can be held electronically (online dispute resolution) in accordance with the provisions of laws and regulations". However, online dispute resolution currently does not have a clear mechanism to be resolved through online arbitration. The purpose of this study is to see an overview of the Application of Online Arbitration to E-Commerce Business Dispute Resolution in Indonesia (in academic discourse and practice). This method of approach is a normative juridical approach with secondary data. This research is descriptive analytical. The results of the study found that the settlement of trade disputes electronically (e-commerce) through online arbitration in accordance with the APS Law which states that in the event that it is agreed that dispute resolution through arbitration occurs in the form of exchange of letters, then the sending of telex, telegram, facsimile, e-mail, or in the form of other means of communication, accompanied by a note of acceptance by the parties. Online arbitration in the process of its implementation in Indonesia is in accordance with and does not conflict with existing laws and regulations, although there are no implementing rules governing the arbitration process online.
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Khikmah, Nurul, i Karimatul Khasabah. "Analisis Kasus Pembatalan Klausula Arbitrase BANI oleh Pengadilan Negeri Jakarta Selatan (Studi Putusan Pengadilan Negeri Jakarta Selatan Nomor: 529/Pdt.G.ARB/2018/PN.Jkt.Sel)". TAWAZUN : Journal of Sharia Economic Law 5, nr 2 (9.01.2023): 260. http://dx.doi.org/10.21043/tawazun.v5i2.16199.
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<p>In accordance with Law Number 30 of 1999 concerning Arbitration and Dispute Resolution, that dispute resolution at an arbitration institution is based on a written agreement from the parties to the dispute. The existence of an arbitration clause in the agreement brings legal consequences related to the absolute power of arbitration dispute resolution. This type of research is normative juridical legal research with a statutory approach. The data sources used are secondary data sources which consist of three legal materials, namely primary, secondary and tertiary. The analysis was carried out using an inductive descriptive technique. The results of this study indicate that efforts to annul arbitration can be submitted to the court provided that there are limitative conditions that must be fulfilled according to the alleged elements contained in Article 70 of Law Number 30 of 1999.</p>
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Stanojević, Sanja. "Advantages of arbitration over court resolution of employment disputes". Pravo i privreda 59, nr 1 (2021): 19–34. http://dx.doi.org/10.5937/pip2101019s.
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An employment dispute is a dispute between a single worker and the employer, or between a trade union and employer or association of employers. The division of employment disputes is important because it indicates the method of the settlement of labour disputes. According to Serbian legal system, employment disputes can be settled in court or using one of the alternative labour dispute resolution methods (arbitration, conciliation, mediation). Based on the Law on the Amicable Settlement of Employment Disputes, an institution for the peaceful settlement of labour disputes was established - State Agency for Amicable Settlement of Employment Disputes. Arbitration is always voluntary. The Agency is to be in charge only if both parties accept to solve the dispute using arbitration. An individual employment dispute can be solved using arbitration only if that is allowed by work contract or a general employer act. A collective dispute can also be solved using arbitration. If one of the parties does not want to use an alternative method for solving the problem, arbitration cannot be an option. In that case, the only way to protect its rights is in court. The process of settling a dispute in court before a judge is an extremely strict and formal procedure required by law. The court is obligated to determine relevant facts and make a decision based on them. The judgment is binding for the parties and can be forcedly executed. Protection of rights is accomplished when the judgment or arbitration decision is made and executed. The arbitration decision can be voluntarily executed, unlike the judgment that can be forcedly executed. The arbitration decision cannot be forcedly executed and that is the main disadvantage of the arbitration. The arbitration procedure needs to be improved in order to guarantee the protection of rights.
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Goryacheva, Anastasia, i Natalia Kisliakova. "Non-recognition of Dissenting Opinions in CAS as a Controversial and Unresolved Matter". Journal of International Arbitration 39, Issue 2 (1.03.2022): 233–62. http://dx.doi.org/10.54648/joia2022010.
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In this article the authors cover the problem of expressly established non-recognition of dissenting opinions (separate opinions) in the Court of Arbitration for Sport (CAS) being uncommon for arbitration institutes. In particular, the authors analyse approaches to dissenting opinions in various national legal systems and arbitration institutes (as well as other dispute resolution bodies) which mainly allow dissenting opinions (as described below). The main focus and goal of this article is to explore possible considerations that might have led to non-recognition of dissenting opinions in CAS proceedings and whether this is common in arbitration and international justice. Having researched this question, the authors conclude that the origins of such a substantive influence on the existing regulation could be: (1) the CAS’s precedent role; and (2) the influence of Swiss law as lex arbitri. The authors also conduct substantial analysis of existing views, asking whether the lack of dissenting opinion is a positive or a negative feature and conclude that the dissenting opinion is still very controversial regarding its impact. The chosen topic is important because the approach of various dispute resolution bodies seems not to be unanimous and there is no global tendency in this respect. The topic is especially timely, considering the recent decision of a Frankfurt Court of Appeal which refused to enforce an International Chamber of Commerce (ICC) award due (among other reasons) to the existing dissent which in the opinion of the court violated public policy. dissenting opinions, separate opinions, concurring opinions, arbitral awards, the Court of Arbitration for Sport (CAS), sports arbitration, international arbitration, decision, award, alternative dispute resolution, arbitrators, deliberation, joint or individual opinions
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Serrano, Fernando, Edoardo Traversa, Sophia Piotrowski, Jérôme Monsenego, Jasna Voje, Katerina Perrou, Ekkehart Reimer, Raffaele Petruzzi i Lukasz Stankiewicz. "Towards a Standing Committee Pursuant to Article 10 of the EU Tax Dispute Resolution Directive: A Proposal for Implementation". Intertax 47, Issue 8/9 (1.08.2019): 678–92. http://dx.doi.org/10.54648/taxi2019068.
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The European Union Tax Dispute Resolution Directive 2017/1852 requires Member States to introduce mandatory arbitration for tax treaty disputes. In addition to the standard arbitration procedure laid down in the directive, Member States may also provide for dispute resolution by a Standing Committee. This contribution presents proposals for the implementation of such a Standing Committee.