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1
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.
3
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.
6
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 françaisesThis 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.
10
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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Ngan, Chiu Chung. "Is mediation an effective alternative dispute resolution method to resolve building management disputes?" access abstract and table of contents access full-text, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22446072a.pdf.
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Thesis (M.A.)--City University of Hong Kong, 2007."Submitted in partial fulfillment of the requirements for Master of Arts in arbitration and dispute resolution, LW 6409 dissertation." Title from PDF t.p. (viewed on Apr. 1, 2008) Includes bibliographical references.
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Blignaut, Colleen. "Effectiveness of conciliation as an alternative dispute resolution process in unfair dismissal disputes". Diss., University of Pretoria, 2018. http://hdl.handle.net/2263/65692.
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In its preamble, the LRA provides that one of its aims is to change the law governing labour relations by, amongst other means, promoting simple procedures for the resolution of labour disputes. The Commission for Conciliation, Mediation and Arbitration (hereafter referred to as the CCMA) was created during 1996.1 It was expected that the CCMA would have to deal with an average of 30 000 referrals nationally per year. However, it quickly became apparent that this was a gross underestimation. During the 1997/1998 reporting period, the CCMA reported that it had received 67 319 referrals. The number of referrals has continued to increase yearly, with 154 279 referrals having been received during the 2010/2011 reporting period. This trend has continued, with the CCMA for the reporting period of 2015/2016 reporting 179 528 referrals.2 The process of the referral of a dispute to the CCMA or any other dispute resolution council was engineered to be uncomplicated and cost efficient for the CCMA to be accessible to everyone, and to give effect to Section 23 of the Constitution.3 The CCMA strives for any person who has a labour dispute to be able to refer the matter to the CCMA, without requiring costly legal representation. However noble the intention for free and easy access to the CCMA may be, the limited consequences associated with dishonesty or abuse in the forum has resulted in cases of misuse by employees and reluctance by the employer to participate in pre-arbitration processes.4 In order to give effect to the constitutional ideologies through the concialtion and making the referral process of dismissal law available to dismissed employees free of charge5, the CCMA has provided a forum for employees to ventilate disputes with their employers on an equal footing. To reach a mutually acceptable agreement between the parties. However honourable the intentions of the CCMA may be in providing and facilitating the process of conciliation in disputes of alleged unfair dismissal, it is not immune to being abused by parties who may not have the best of intentions when referring a dispute to the CCMA in the first place. This study aims to identify the possible short comings of the concialtion process at the CCMA by comparing it to a similar process used in the United Kingdom provide proposed recommendations for conciliation in disputes based on allegations of unfair dismissal, remain effective in South Africa.Mini Dissertation (LLM)--University of Pretoria, 2018.
Mercantile Law
LLM
Unrestricted
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Halous, Haitham A. "Online alternative dispute resolution as a solution to cross-border electronic commercial disputes". Thesis, University of Leeds, 2003. http://etheses.whiterose.ac.uk/1394/.
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Electronic commerce is important,and perhaps,inevitable. Thus to consider the legal implications of the growth and development of electronic commerce is essential.However, the lack of suitable dispute resolution mechanisms in cyberspace will constitute a serious obstacle to the further development of electronic commerce. Bearing this in mind, this thesis argues that when Alternative Dispute Resolution (ADR) moves to cyberspace particularly arbitration and mediation as the main types of ADR, the form of online alternative dispute resolution (OADR) can maximise the growth of e-commerce. However, in analysing OADR, one must contemplate primarily the value of fair process which OADR solutions are subject to, and the value of efficiency which OADR solutions are seen to achieve. From this perspective, a big challenge for traditional dispute resolution processes such as ADR, will be to adapt to the internet and capitalise on the new possibilities it presents. Another big challenge will be to maintain the integrity and meaning of dispute resolution processes as they move online. But perhaps the greatest challenge will be to design an Online Alternative Dispute Resolutions system which represents an effort at balancing,on the one hand, the need to provide effective mechanisms that increase access to justice, without which there seems little point in introducing the system, and, on the other hand,the need to provide just and fair administration of OADR processes without which the OADR outcome(s) will be cast in doubt. This thesis concludes that OADR is a valid proposition and perhaps the preferred system for resolving disputes that inevitably arise in e-commerce, particularly, B-to-C internet transactions disputes and domain names disputes. This is due to the fact that OADR protects internet users' interests while not harming the interest of the Information Technology (IT) industry and, most importantly, not hindering the flourishing of electronic commerce. That said, a number of legal and technical issues need to be addressed if there is to be a swift and successful deployment of OADR mechanisms in a cross-border environment.Legal issues do not constitute insurmountable obstacles to a successful operation of such schemes, but some uncertainties remain due to technological limitations. Indeed the growth of OADR is tied to the development of technology. The challenge faced by online arbitration lies more in the realm of law than technology, while the challenge faced by online mediation lies more in the realm of technology than law. This is due to the less stringent legal requirements and the crucial role of the communication process in conducting mediation. As a result, as online arbitration is faced with many legal issues, and, as online mediation requires complex and sophisticated communication schemes which are difficult and expensive to set up presently, given time, OADR will be within the ambit of legally and technically possible in the near future.
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Abenga, Elvis Begi Nyachieo. "Reforming the Approach to Alternative Dispute Resolution in Kenyan Industrial Disputes: A Comparative Analysis". Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/19743.
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Dispute resolution plays an important role in industrial relations. This is because conflicts are an inherent part in any relationship and industrial relationships are not exempt from this. To this end it is important to have a dispute resolution system that ensures efficient and effective resolution of disputes that arise in the course of industrial relationships. Efficient and effective dispute resolution is particularly important in the industrial relations arena as industrial relations attract various stakeholders, some who may not necessarily be a part of the dispute that arises, but who might inadvertently be affected in the situation of an unresolved dispute. Traditionally litigation has been the most commonly utilized medium of resolution of industrial disputes, with disputants rather choosing to take the dispute to the courts of law for adjudication and determination. However with the advent of alternative means of dispute resolution such as negotiation, mediation and arbitration, it has become paramount that these alternative dispute resolution methods be promoted for the reasons of expediency and efficiency. Regardless of the advent of such methods of dispute resolution, courts have still exercised some form of control and oversight of the dispute processes, and such oversight can be easily misused to defeat the main intention of having the alternative dispute resolution processes in the first place. This thesis discusses reforming the approach to alternative dispute resolution in Kenyan industrial disputes, so as to achieve maximum efficiency of the system. In doing this, the thesis does a comparative analysis of the systems of South Africa and Australia respectively.
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Sinclair, S. "Designing + (dis)assembling disputes : an ethnography of disputes & lawyers in the construction industry". Thesis, University of Westminster, 2016. https://westminsterresearch.westminster.ac.uk/item/9x1qy/designing-dis-assembling-disputes-an-ethnography-of-disputes-lawyers-in-the-construction-industry.
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The UK construction industry is notorious for the sheer amount of disputes which are likely to arise on each building and engineering project. Despite numerous creative attempts at “dispute avoidance” and “dispute resolution”, this industry is still plagued with these costly disputes. Whilst both academic literature and professional practices have investigated the causes of disputes and the mechanisms for avoidance/resolution of these disputes, neither has studied in any detail the nature of the construction disputes and why they develop as they do once a construction lawyer is engaged. Accordingly, this research explores the question of what influences the outcome of a construction dispute and to what extent do construction lawyers control or direct this outcome? The research approach was ethnographic. Fieldwork took place at a leading construction law firm in London over 18 months. The primary focus was participant observation in all of the firm’s activities. In addition, a database was compiled from the firm’s files and archives, thus providing information for quantitative analysis. The basis of the theoretical framework, and indeed the research method, was the Actor‐Network Theory (ANT). As such, this research viewed a dispute as a set of associations – an entity which takes form and acquires its attributes as a result of its relations with other entities. This viewpoint is aligned with relational contract theories, which in turn provides a unified platform for exploring the disputes. The research investigated the entities and events which appeared to influence the dispute’s identity, shape and outcome. With regard to a dispute’s trajectory, the research took as its starting point that a dispute follows the transformation of “naming, blaming, claiming…”, as identified by Felstiner, Abel and Sarat in 1980. The research found that construction disputes generally materialise and develop prior to any one of the parties approaching a lawyer. Once the lawyer is engaged, we see the reverse of the trajectory “naming, blaming, claiming…” this being: “claiming, blaming, naming…” The lawyers’ role is to identify or name (or rename) the dispute in the best possible light for their client in order to achieve the desired outcome – the development of which is akin to the design process. The transformation of a dispute and the reverse trajectory is by no means linear, but rather, iterative and spatial as it requires alliances, dependencies and contingencies to assemble and take the shape it does. The research concludes that construction disputes are rarely ever completely “resolved” as such. Whilst an independent third party may hand down a judgment, or the parties may reach a settlement agreement, this state is only temporal. Some construction disputes dissipate whist others reach a state of hibernation for a period of time only to pick up momentum and energy some years later. Accordingly, this research suggests that the concept of “dispute resolution” does not exist in the UK construction industry. The ultimate goal should be for parties to reach this ultimate and perpetual state of equilibrium as quickly and as cost effectively as possible: “dispute dissolution”, the slowing down of the dispute’s momentum. Rather than focusing on the design and assemblage of the dispute, the lawyers’ role therein is, or should be, to assist with the “disassembling” of the dispute.
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Day, Karen K. "An implementation guide for settling contract disputes within DoD using alternative disputes resolution methods". Thesis, Monterey, California. Naval Postgraduate School, 1989. http://hdl.handle.net/10945/27086.
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Lekkas, Zissis. "Disputes in the Digital era : the evolution of dispute resolution and the model ODR system". Thesis, Toulouse 1, 2015. http://www.theses.fr/2015TOU10017/document.
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Le sujet de la thèse est la résolution en ligne des litiges (ODR) et l'objectif de la thèse est de proposer un modèle de système ODR basé sur l'expérience du mouvement de résolution des différends. ODR n’est pas un phénomène isolé de ces derniers temps, mais en raison de l'évolution des conflits et la résolution des différends. Initialement, les différends survenus entre les parties à la proximité géographique et pour laquelle les tribunaux traditionnels sont le principal moyen de résolution. Cependant, comme les gens ont commencé à voyager de plus grandes distances et de communiquer de loin, les conflits ont évolué comme ils ont augmenté en nombre, sont devenus frontière plus complexe et de plus en plus transversale. Résolution des différends évolués en règlement des différends parallèle et alternatif (ADR) a été utilisée. Cependant, les conflits ont évolué une fois de plus quand le monde est entré dans l'ère numérique. Non seulement les conflits sont devenus encore plus transfrontalier, mais de nouveaux conflits sont apparus qui proviennent exclusivement dans le cyberespace. Afin de satisfaire aux exigences de l'ère numérique, la résolution des différends fit sortir le concept de l'ODR. ODR est née de la combinaison de l'ADR et de la technologie de l'information et de la communication (TIC) de l'ère numérique. D'autres moyens de règlement des différends ont été transférés dans le monde virtuel et ont donné naissance à la résolution des litiges en ligne. ADR et ODR sont examinés largement, et l'examen comprend leurs concepts, leur origine, les principales formes de négociation, de médiation et d'arbitrage et leurs équivalents en ligne, ainsi que leurs avantages et leurs inconvénients. La thèse illustre l'évolution des conflits et la résolution des différends de l'ère analogique, lorsque la résolution des différends était face à face, à l'ère du numérique, lorsque les différends sont réglés dans le cyberespace. Il démontre que l'ODR est une nécessité de l'ère numérique, mais aussi qu'il a le potentiel pour être un moyen révolutionnaire, efficace et réussi à résoudre les différends; d'une manière qui sera l'avenir de la résolution des différends. Sur la base de l'expérience accumulée par l'examen de l'évolution de la résolution des différends et sur ? Lla base des conclusions tirées, la thèse formule une proposition pour le système ODR. La thèse décrit le système ODR, de son processus en trois étapes et la nécessité de l'arbitrage en ligne, sur le réseau ODR, la régulation du système ODR, l'architecture technologique des fournisseurs ODR, leur financement, ainsi que les mesures nécessaires de la sensibilisation et la confiance afin que ODR remplit son plein potentielThe subject of the thesis is Online Dispute Resolution (ODR) and the aim of the thesis is to propose a model ODR system based on the experience of the dispute resolution movement. ODR is not an isolated phenomenon of recent times but a result of the evolution of disputes and dispute resolution. Initially, disputes occurred between parties with geographical proximity and for which traditional courts were the principal way of resolution. However, as people started to travel further distances and communicate from afar, disputes evolved as they increased in number, became more complex and increasingly cross border. Dispute resolution evolved in parallel and Alternative Dispute Resolution (ADR) was employed. However, disputes evolved once more when the world entered into the digital era. Not only disputes became yet again increasingly cross-border, but new disputes appeared that arose solely in cyberspace. In order to satisfy the requirements of the digital era, dispute resolution brought forth the concept of ODR. ODR arose from the combination of ADR and the Information and Communication Technology (ICT) of the digital era. Alternative means of dispute resolution were transferred to the virtual world and gave birth to Online Dispute Resolution. ADR and ODR are examined extensively, and the examination includes their concepts, their origin, the main forms of negotiation, mediation and arbitration and their online equivalents, as well as their advantages and drawbacks.The thesis illustrates the evolution of disputes and dispute resolution from the “analog” era, when dispute resolution was face to face, to the “digital” era, when disputes are resolved in cyberspace. It demonstrates that ODR is a necessity of the digital era but also that it has the potential to be a revolutionary, effective and successful way to resolve disputes; a way that will be the future of dispute resolution. Based on the experience accumulated by examining the evolution of dispute resolution and based on the conclusions drawn, the thesis formulates a proposal for the ODR system. The thesis describes the ODR system, from its three step process and the necessity of online arbitration, to the ODR network, the regulation of the ODR system, the technological architecture of ODR providers, their funding, as well as the necessary steps of creating awareness and trust so that ODR fulfils its fullest potential
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Shucksmith-Wesley, Marc. "The Falklands (Malvinas) dispute : a critique of international law and the pacific settlement of disputes". Thesis, University of Nottingham, 2018. http://eprints.nottingham.ac.uk/52214/.
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This thesis brings a focusing lens on one of history’s most intractable and protracted territorial disputes, that between the United Kingdom and Argentina over the non-self-governing territory known as the Falklands (Malvinas), an archipelago of 200 islands, some 480 miles north-east of Cape Horn, Argentina. For Argentina, the ‘Malvinas are a constantly bleeding wound, flesh torn from the body that is Argentina’. To the United Kingdom, the territory represents one of the last vestiges of its once vast empire, having held effective control of the territory since 1833, other than for a short period in 1982 following an Argentine use of military force. The facts, history, law, and politics of this dispute all act in concert to create a picture that is so highly nebulous that a clear view as to which State should hold territorial sovereignty has yet to emerge, with there being legitimately argued positions in favour of both disputing States. At the heart of this thesis is a critical analysis of the history, the legal arguments, and the methodologies of international lawyers in order to examine the effectiveness of international law as a dispute settlement mechanism. In doing so, this thesis ascertains whether international law has a role to play in resolving this most entrenched of international disputes. This re-evaluation of the value of international law, through a critical lens, argues that international law does have the potential to assist in the resolution of the dispute. However, this is only possible if political leaders are ready to grasp on to that opportunity, and to make use of diplomatic means of dispute settlement, at the critical moment when the dispute becomes ripe, at times of significant political change. It is in these moments that international law could prove to be the guiding hand that may assist with the normalisation of relations between Argentina and the UK.
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Fenn, Francis P. "An aetiology of construction disputes". Thesis, University of Manchester, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.488193.
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Lamb, Richard Campbell. "The Substance of Ontological Disputes". Thesis, Virginia Tech, 2016. http://hdl.handle.net/10919/71743.
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There is a large philosophical literature focused on what sorts of things can be said to exist. This field is called ontology. Ontological disputes have sometimes been accused of being merely verbal disputes: that they are concerned only with language and not with facts. Some think that if this accusation is correct, philosophers should give up doing ontology. However, whether the accusation is correct and whether it is so serious depends on what is meant by verbal dispute. Eli Hirsch in particular has argued that ontological disputes are merely verbal in one specific sense. In this paper, I first argue that his accusation fails to show that ontological disputes are not substantive. Even if we admit that ontological disputes are verbal in Hirsch's sense, they may still be substantive in a variety of other senses. Second, I argue that even though ontological disputes are substantive, the reason for this will not support stronger claims about the nature and role of ontological disputes.Master of Arts
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Masood, Hossain Masood Masood Hossain. "International arbitration of petroleum disputes". Thesis, University of Aberdeen, 2004. http://digitool.abdn.ac.uk/R?func=search-advanced-go&find_code1=WSN&request1=AAIU185710.
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This thesis is concerned with the international arbitration of petroleum disputes arising within long term contractual relationships for the exploration, production and development of petroleum, between host countries and foreign oil companies. This relationship is inherently unstable since the underlying objectives of the two parties are not only different but are also, at times, conflicting. Host countries are interested in making use of foreign investment to develop their natural resources for the benefit of national economic progress, while foreign companies are generally profit-motivated and interested in maximising their investment with the least risk. The lengthy duration of these agreements makes them particularly vulnerable to the impact of political or economic influences which are unpredictable at the time of the agreements' conclusion, such as changes in oil prices, and international politics and events. In such complex relationships, disputes are inevitable. When such a relationship falls apart, the parties may choose to resolve their disputes by negotiation, litigation or arbitration. If the parties have not chosen arbitration to settle their contractual disputes, and negotiations are unsuccessful, litigation will result. However, because of the State party's unwillingness to submit itself to the court of another State and the private party's fear of the presumed partially of the host State's court, parties often choose arbitration. The extremely conflicting attitudes towards the appropriate method for petroleum dispute resolution have resulted in arbitration becoming a practical option due to the necessity to compromise in such situations. Therefore, the investigation principally focuses on whether arbitration can satisfy the needs and expectations of both parties for profit, security, protection and stability, as well as ensure fairness and justice. In order to reach satisfactory conclusions, the thesis is divided into seven chapters. Chapter One introduces the subject and outlines the key issues that will be dealt with in the thesis. Chapter Two describes the historical evolution of agreement that have dealt with the exploration and development of petroleum, from the early concessions in the Arabian Gulf and North African Countries to the modern arrangements. This Chapter also discusses the legal nature of petroleum agreements in order to show whether such agreements are in the nature of public or private law. In Chapter Three the hostile attitude of developing countries towards the arbitration of petroleum disputes is explored. This Chapter also looks into the reasons behind the enthusiasm of oil companies in favouring arbitration as a method of settling petroleum disputes. Chapter Four examines the formal and substantial requirements for the validity of arbitration agreements. It also discusses the law governing arbitration agreements, and closes with an investigation of the doctrine of the severability of the arbitration agreement. Chapter Five critically examines the law applicable to the substantive issues and to arbitration procedures. Chapter Six deals with the enforcement of an arbitral award made against a State or State entity. This Chapter examines the doctrines of sovereign immunity and act of state, and the extent to which they can prevent enforcement of foreign arbitral awards made against a State. Chapter Seven summarises the major findings of the study.
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Moin, Donya. "Toward an appropriate dispute settlement method for resolving petroleum expropriation disputes : treaty-based arbitration or mediation?" Thesis, University of Aberdeen, 2017. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=236001.
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The settlement of petroleum expropriation disputes has been a challenging issue in the petroleum industry since the earliest cases. The issue, principally, relates to foreign investors' right to investment protection and the sovereign right of states, the clash of which causes such disputes. Striking a balance between these conflicting rights in order to save the disputants' relationship is a critical concern given the interdependent relationship of disputants which manifests itself in a cyclical manner. This in turn highlights the importance of finding a suitable dispute resolution method to reach the most appropriate and balanced resolution from both parties' viewpoint. Impartiality is, in this context, a key element when determining the most suitable method for resolving expropriation disputes. This is so considering that the reason for the abandonment of diplomatic protection and litigation as methods for resolving expropriation disputes was concerns over their partiality towards one of the disputants. Currently, with the proliferation of investment treaties, treaty-based arbitration has become the most popular method for resolving such disputes. However, the suitability of treaty-based arbitration is criticised as a process which is likely to be partial in favour of investors and their investment protection rights. Such a partiality is likely to be found in treaty-based arbitration's origin, substance and procedural aspects. Therefore, it can be argued that there is room for mediation as an alternative dispute resolution method to be adopted and supplemented arbitration for settlement of petroleum expropriation disputes. In fact, mediation enjoys various qualities which makes it especially attractive for such disputes, including its time and cost efficiency, its ability to explore win-win settlement options and to save the disputing parties' relationship, and the flexibility and collaborative nature of the process. More importantly, its self-determination principle is a feature which guarantees the impartiality of mediation. However, mediation, like other dispute resolution methods, is not without its disadvantages. It faces challenges with regard to its voluntary and non-binding nature, confidentiality, its inability to deal with the political overtones of petroleum expropriation disputes, its retarding effect on jurisprudence development and disputants' lack of familiarity with the process. Nonetheless, having proposed some solutions to these shortcomings, this thesis concludes that mediation should be used and encouraged more systematically for resolving petroleum expropriation disputes.
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Ikpokonte, Felicia Enoch. "The application of alternative dispute resolution mechanisms in the resolution of electoral disputes: Nigeria in perspective". Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29743.
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This dissertation explores the functionality of Alternative Dispute Resolution (ADR) as an effective mechanism in Electoral Dispute Resolution (EDR) in Nigeria. It considers the evolution and application of ADR in Nigeria as well as the merits and successes of ADR in EDR to assess the essentiality and suitability of ADR in EDR in Nigeria. It also examines the Nigerian electoral dispute setting and international trends in the application of ADR in EDR to determine the practicability of ADR in EDR in Nigeria. The dissertation finds that although the utilisation of ADR is desirable and suitable in EDR in Nigeria, the utilisation of ADR in EDR is not formally endorsed in Nigeria. Furthermore, the current Nigerian sociopolitical atmosphere is not conducive for the efficient application of ADR in EDR. This notwithstanding, research indicates that the adoption of a wide-ranging approach, which entails structural, legislative, institutional, political, attitudinal and socio-economic reforms, would ensure the achievement of the efficient utilisation of ADR in EDR in Nigeria. This dissertation therefore concludes that, despite the present unfavourable condition, ADR can be an efficient mechanism in EDR in Nigeria, given an enabling environment.
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Naruk, Adrianna. "Comment se dispute-t-on ? La gestion des disputes dans le théâtre de Bernard-Marie Koltès". Thesis, Metz, 2011. http://www.theses.fr/2011METZ015L/document.
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Cette thèse s’appuie principalement sur les outils de l’analyse conversationnelle et de la linguistique pragmatique appliqués à l’oeuvre dramatique de Bernard-Marie Koltès dans le but de rendre compte du fonctionnement des conflits discursifs. À travers les scènes de disputes, Koltès crée son propre style dramaturgique qui lui permet de produire à l’écrit un discours appartenant à première vue au registre oral. Le dramaturge véhicule ainsi sa vision du monde et des relations interpersonnelles fondées sur l’incompréhension, l’exclusion et l’omniprésence des conflits. Les dialogues koltésiens sont truffés de disputes révélant de multiples tactiques visant à mettre l’adversaire en K.O. symbolique. La dispute, discours riche, complexe et impliquant diverses activités langagières et non langagières, conjugué avec la parole koltésienne, devient une arme, une machine de guerre au service d’une lutte verbale dont l’objectif est en fait l’anéantissement de l’AutreApplying the tools of conversation analysis and pragmatic linguistics to Koltès’s works, this thesis aims at deciphering the functioning of discursive conflicts. In scenes where protagonists argue, Koltès creates his own drama style, which allows him to transfer into writing a type of speech which appears, at first glance, to be purely oral. The playwright thus conveys his vision of the world and of human relationships, built as they are on misunderstanding, exclusion and constant conflicts. The dialogues in Koltès’s drama are filled with arguments that reveal various tactics to reach the symbolical knock-out of the adversary. The argument, a multi-facetted and complex discourse, implies diverse linguistic and non-linguistic acts. Within Koltesian speech, argument become real war weapons, at the service of a verbal fight whose objective is the annihilation of the Other
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Wong, Kai Ming. "Stay for arbitration in construction disputes". access abstract and table of contents access full-text, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22052203a.pdf.
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Thesis (M.A.)--City University of Hong Kong, 2007.Title from PDF t.p. (viewed on Sept. 7, 2007) "Master of Arts in arbitration and dispute resolution 2006/2007, LW6409A research project" Includes bibliographical references.
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Yan, Yuh-Ming. "Prediction and management of construction disputes". Thesis, University of Manchester, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.488226.
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Relis, Tamara. "Parallel worlds of disputes and mediation". Thesis, London School of Economics and Political Science (University of London), 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.420959.
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Grounded in interpretive theory, this researcha ddressesth e question: `How do professional, lay and gendered actors understand and experience mediation in legal disputes'? While mediation is increasingly well described and understood through a fast growing literature, to which lawyers and other social scientists have contributed, rather little empirical data is yet available on what happens inside mediation sessions and on how these sessions are experienced by the actors involved. The different understandings of professional and lay actors, and of males and females, particularly require further examination. These differences are explored here through data derived from interview/questionnaire/observationfi les of actors (parties, lawyers, mediators) involved in 64 mediated medical dispute claims (mandatory and voluntary; pre- and intra-litigation). Attention to the discursive representations of the various actors on issues such as understandings of plaintiffs' litigation aims, all actors' mediation objectives and perceptions of what occurred during mediations revealed significant differences in terms of both language and agenda. It emerges that professional and lay actors, males and females, occupy largely parallel worlds of understanding affecting how conflict and its resolution are perceived. There is some evidence that mediation experience leads lawyers to re-conceptualise their roles. This move away from conventional legal thought is strengthened through the discourse of lawyer-mediators, which was frequently distinct from practitioners and more akin to that of non-lawyer mediators. Nevertheless, in juxtaposing actors' discourse on all sides of the same or similar cases, the data reveals inherent problems with the core workings of the legal system as stark similarities in the discourse of disputants on the one hand, and lawyers of all camps on the other reveal unlikely conceptual alignments between mediations' legal and extra-legal actors.
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Nam, Hayana. "NGO's Internet-Activism in Territorial Disputes". Scholarship @ Claremont, 2016. http://scholarship.claremont.edu/scripps_theses/803.
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Internet has become the most efficient method in information dissemination, collaboration and interaction connecting diversity of people, places, ideas and cultures all around the world. With new communication and information technology, Internet has become a pragmatic way for NGOs to share their interests worldwide. Although NGOs have been utilizing the internet, the power of internet-activism is underestimated. Thus, this paper studies Internet-activism as the new method for NGOs to work in terms of territorial disputes. It specifically studies South Korea and Japan’s territorial disputes over Dokdo and Sea of Japan/East Sea that have been causing heated contention over a long time. It studies NGO’s different methods in raising awareness of this issue through a Korean cyber organization called VANK, Voluntary Agency Network of Korea. The purpose of this study is to prove that Internet-activism is an efficient and powerful method for NGOs.
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Schoeman, Petrus Johannes Arnoldus. "Alternative dispute resolution methods as a tool for the resolution of inter-governmental environmental disputes / P.J.A. Schoeman". Thesis, North-West University, 2004. http://hdl.handle.net/10394/498.
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Vallely, Maria Luisa. "Mediation and conciliation in disputes about special educational needs : proportionate dispute resolution or justice on the cheap?" Thesis, London School of Economics and Political Science (University of London), 2008. http://etheses.lse.ac.uk/2179/.
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The thesis identifies goals of proportionate dispute resolution (PDR). The operation of the decision-making and dispute resolution processes relating to the provision of remedial help for children with special educational needs (SEN) is examined to assess attainment of these goals. A factual basis is established for the analysis by describing the relevant legislative provisions and what is known about their operation from existing empirical research. The exercise of discretion is examined. A theoretical framework is devised to enable consideration of the balance of trade-offs; collective goals and individual interests; and adequacy of redress. The SEN decision-making and appeals processes are analysed with reference to this framework. Parties to SEN disputes are parents and Local Education Authorities (LEAs). Attainment of PDR goals by the formal SEN dispute resolution mechanisms is assessed and the mechanisms compared. In 2002, obligations were imposed upon LEAs to provide informal disagreement resolution services in the form of conciliation and mediation. The strengths and weaknesses of these dispute resolution models are considered with reference to theoretical and empirical works. The effect of their introduction is then assessed with reference to the framework and attainment of PDR goals. None of the formal or informal dispute resolution mechanisms assure attainment of all of the PDR goals. Neither does the operation of the system as a whole. Analysis of the children's services complaints model using the framework reveals that this model assures attainment of all PDR goals and affords adequate redress. The model appears to resolve problems identified in the SEN dispute resolution process, and to be a promising candidate both for reform of that process and for a unified system of education and children's services complaints. The role of children in the process and possibilities for one-door access and a single system are considered.
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Kamarudin, Faizal. "The development of an effective and efficient dispute resolution processes for strata scheme disputes in peninsular Malaysia". Thesis, Queensland University of Technology, 2014. https://eprints.qut.edu.au/69839/1/Faizal_Kamarudin_Thesis.pdf.
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Dispute resolution in strata schemes in Peninsular Malaysia should focus on more than just "settlement." The quality of the outcome, its sustainability and its relevance in supporting the basic principles of a good neighbourhood and self-governance in a strata scheme are also fundamental. Based on the comprehensive law movement, this thesis develops a theoretical framework for strata scheme disputes within the parameters of therapeutic jurisprudence, preventive law, alternative dispute resolution (ADR) and problem-solving courts. The therapeutic orientation of this model offers approaches that promote positive communication between disputing parties, preserve neighbour relations and optimise people's psychological and emotional well-being.
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Koorapetse, Michael Moemedi Sean. "A comparison of the Botswana and South African labour dispute: resolution systems". Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/d1010556.
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The purpose of this study was to compare the dispute resolution systems of Botswana and South Africa. As far as the South Africa dispute resolution system is concerned extensive literature on the system was carried out to describe its functioning. As for the Botswana dispute resolution system there was not much written about it in the literature, so in order to find out more about this system semi-structured interviews with labour relations experts which include mediators, arbitrators, lecturers, labour lawyers, trade unionists, employers and government officials held. The framework of comparison was developed to compare the elements of dispute resolution systems against each other and secondly to compare each system against the criteria of performance to the system. The two labour relations systems were compared in terms of elements of the system and the performance of the two systems. In the comparisons of the elements of the systems it was found out that in both systems the nature of disputes was collective and individual disputes both of which can be referred to the initial process of mediation or conciliation. However, in Botswana collective disputes can only be referred to arbitration if they remain unresolved in mediation while in South Africa only collective disputes on essential services go to arbitration while others lead to a strike or lockout if unresolved at conciliation. As for coverage both systems have incorporated public service sector employees in the systems after being excluded from the system for a very long time. The only difference is that in Botswana the Police force is not included while in South Africa they are included in the system. Differences in the avenues of disputes in the two countries were noted, in Botswana the rights/individual disputes go to either arbitration or Industrial Court if unresolved at mediation, inter-est/collective disputes can only go to arbitration while in South Africa the route of disputes is specified in the legislation. As for the human resources of the two countries it was found that the South African system has more qualified, trained and sufficiently experienced staff than the Botswana system. As for the processes it was found that for South Africa the initial process is conciliation while in Botswana it is mediation but these two processes were similar in many ways, from mediation/conciliation the next step in both systems is arbitration and just like the conciliation/mediation, arbitration in both countries was found to be similar except that in South Africa it is a public hearing. The two systems were also compared in terms of their performances and the research has established that between the two systems the South African system proved to be more superior on three of the criteria; efficiency, accessibility and legitimacy than the Botswana system. Therefore, the research proposes a number of recommendations for Botswana to implement namely; establishment of a legislated mixed process of mediation-arbitration, making the dispute resolution system independent from government, recruitment of high qualified and experienced staff for mediation and arbitration, accreditation to private agencies, effective case management system and proper routing of disputes.
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Kang, Yi. "Institutions, consciousness, and tactics : workers' legal mobilization in labor dispute resolution in Shanghai". HKBU Institutional Repository, 2005. http://repository.hkbu.edu.hk/etd_ra/634.
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Chan, Wai-kwok Justus. "Is arbitration the most suitable means for solving disputes in the construction industry? dispute resolution model before arbitration /". access abstract and table of contents access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21843065a.pdf.
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Thesis (M.A.)--City University of Hong Kong, 2006."Dissertation for the degree of Master of Arts in arbitration and dispute resolution (MAArbDR) submitted to School of Law, City University of Hong Kong" Title from PDF t.p. (viewed on May 22, 2007) Includes bibliographical references.
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Houghton, Eve. "Courting disputes : the materialisation and flexibility of a dispute forum network in West New Britain, Papua New Guinea". Thesis, University of Kent, 2017. https://kar.kent.ac.uk/61709/.
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This thesis examines how relationships and ethical practices and judgements are made explicit in the dispute forums of Papua New Guinea (PNG). It also explores what the outcomes of this explication can mean for methods of local conflict resolution. My findings are based on twelve months of fieldwork conducted in the province of West New Britain, with particular focus on the region of Bialla and the dispute forums therein. There are a large number of dispute forums used in Bialla that emerge outside the purview of the state government. With such a large number of different venues in the region, it is worth asking what they are used for and how they might connect with, and work alongside, a relatively more state recognised venue - the village court. Without more extensive consideration of how these forums work in relation to one another, can current discussions surrounding the uses and outcomes of the village courts accurately reflect what these forums do? To answer these questions my research explores the significance of actor-networks and conceptions of place in the production of authority and conflict resolution. By mobilising theories of emplacement and actor-oriented anthropology my findings are able to challenge the prevailing understanding that law sits at the heart of the courts and can be used as bar against which the use and outcomes of a dispute forum can be measured. By removing law from this central position, other facets that are significant to the usage of dispute forums in Bialla can be revealed. My discussion revolves around the examination of a number of Bialla's dispute forums including: the content of the disputes overseen there, details of the way in which disputes are treated in each instance, and the way in which each forum materialises physically on each occasion. In this way, my research considers factors that contribute to the use of these dispute forums and what that may mean for local communities. I explore how extensive group dynamics and long established conflicts are represented and addressed in each. Those venues that are unable to address certain disputes also provide a revealing aspect of my discussion. Limitations go some way to explain why such a wide range of forums are required to oversee the variety of disputes in Bialla. Ultimately, I argue that dispute forums are flexible venues that materialise as a result of actor-networks in order to address the wide variety of disputes arising in the area.
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Caldwell, Vernon F. "Disputes resolution in Navy public/private competition". Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 1993. http://handle.dtic.mil/100.2/ADA276317.
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Thesis (M.S. in Management) Naval Postgraduate School, December 1993.Thesis advisor(s): Jeffery Warmington ; Richard Doyle. "December 1993." Includes bibliographical references. Also available online.
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Jacyk, David William. "Arbitration in WTO disputes : the forgotten alternative". Thesis, University of British Columbia, 2007. http://hdl.handle.net/2429/32137.
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The creation of a binding adjudication system under the Dispute Settlement Understanding ("DSU") is one of the major successes of the WTO. However, while the Dispute Settlement Body ("DSB") has experienced a high level of compliance with its
rulings, there have been enough failures to raise concerns about compliance with WTO rulings. This in turn endangers the long term viability and legitimacy of the WTO as a decision-making body. This thesis explores the possibility of more effective integration of arbitration as a means of dealing with a small number of problematic cases where compliance with a ruling is doubtful. It considers arbitration as an alternative to what has
effectively become an institutionalized litigation system involving panels and the Appellate Body, and as an adjunct to the diplomatic resolution of disputes, particularly for policy driven cases where compliance with WTO rulings is more doubtful.
While proposals for the use of arbitration made during the Uruguay Round of negotiations leading to the creation o f the WTO have been realized in the provisions of the DSU, arbitration has never been effectively tested as a true alternative. Further, arbitration as an alternative to the litigation system has been almost entirely ignored in the context of the current debate over reform of the WTO dispute settlement system. After over a decade of WTO decision making, it is now an opportune point to consider meaningful institutional reform that more fully incorporates arbitration as an alternative form of dispute settlement at the WTO in politically difficult cases, and that builds on the existing but underused arbitration provision in Article 25 of the DSU. This thesis challenges the predominant bias towards the litigation system involving panels and the Appellate Body as a one-size-fits-all solution. It explores the potential role of arbitration, in the context of compliance theories, a historical review of the negotiations during the Uruguay Round, and an analysis of the shortcomings of the current DSU that contribute to the problems of non-compliance.Law, Peter A. Allard School of
Graduate
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Steiner, Jochen. "Mediation of employment disputes : a legal assessment". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0027/MQ50965.pdf.
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Murad, Nasrin A. R. "Territorial disputes in the United Arab Emirates". Thesis, Lancaster University, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.254481.
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Bezuidenhout, G. "Procedures for the resolution of labour disputes". SACCOLA, 1988. http://hdl.handle.net/10962/76936.
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After SACCOLA's expulsion from the International Organization of Employers in 1983 the committee decided to explore areas of domestic activity consistent with its objectives of discussing employer views on labour affairs, and representing these views where agreement amongst employers existed. As the National Manpower Commission had shortly afterwards published a lengthy report dealing, inter alia, with the role of the Industrial Court and the definition of the unfair labour practice concept, SACCOLA set up a working party to see if employer consensus could be achieved on these issues. SACCOLA succeeded in agreeing a 18 page document, which was submitted to the Department of Manpower on 28 August 1984. This was subsequently acknowledged by the Director General of Manpower to have been one of the most comprehensive reactions to this report. In his reaction to the report, however, Dr Van der Merwe noted that legislative change would be greatly facilitated by labour/employer agreement, and he therefore suggested that SACCOLA should discuss its proposals with union federations.
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Keleová, Lenka. "NAFTA ? Canada?s Approach: Relations and Disputes". Master's thesis, Vysoká škola ekonomická v Praze, 2006. http://www.nusl.cz/ntk/nusl-14801.
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Kurizaki, Shuhei. "The logic of diplomacy in international disputes". Diss., Restricted to subscribing institutions, 2007. http://proquest.umi.com/pqdweb?did=1467893811&sid=1&Fmt=2&clientId=1564&RQT=309&VName=PQD.
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Kim, Ki-hong. "Essays on GATT and international trade disputes". Diss., Connect to a 24 p. preview or request complete full text in PDF format. Access restricted to UC IP addresses, 1997. http://wwwlib.umi.com/cr/ucsd/fullcit?p9820986.
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Aladaseen, Mohammad A. "The arbitrability of international online consumer disputes". Thesis, Bangor University, 2015. https://research.bangor.ac.uk/portal/en/theses/the-arbitrability-of-international-online-consumer-disputes(ff23a03c-8130-489e-ae96-c78358a97408).html.
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Private arbitration is often made possible by pre-dispute clauses and agreements whereby parties waive the right to solve their disputes by court. The doctrine of arbitrability addresses the questions of what matters may be referred to arbitration and who will be party to it. This thesis is a comparative study that explores the theory and practice of the arbitrability of international online consumer disputes as they function in two legal systems, that of England and Wales and that of the United States of America. The purpose of this exploration is to analyze comparatively and to discuss critically the role of arbitrability, and also the problematic areas of that doctrine in international online consumer disputes. The thesis will propose ways of overcoming the problems encountered in the arbitrability of international online consumer disputes owing to the different policies regarding the arbitrability of such disputes that are to be found in the two legal systems named above. This objective is met by exploring the theory, methods, functions and purpose of arbitrability in international online consumer disputes. The thesis also examines the common ground between the different policies of the two jurisdictions. The overall aim is to strengthen the role of arbitration as an effective means of dispute resolution for international online consumer disputes. The thesis demonstrates that the arbitrability of international online consumer disputes is relevant at three different stages of international arbitration. These stages are: at the outset of proceedings, when the arbitrators determine their jurisdiction; during the arbitration, where they control the law and procedure applicable to the arbitration; and at the stage of enforcement of the final award. The thesis demonstrates that the lack of uniformity in arbitration law damages the arbitrability of international online consumer disputes. It also shows that a new method for reconsidering the issue of the arbitrability of such disputes is required in order to lend support to the consumer as the weaker party, specifically at the outset and in the course of the arbitration proceedings. It concludes that an adequate transnational standard for determining the arbitrability of international online consumer is by no means an impossibility. The thesis furthermore asserts that a verification method is needed in order to establish the status of the consumer as the weaker party in online disputes. Such a verification method should be transnational and should be carried out by the arbitrator so as to establish a balance between party autonomy and the reinforcement of the consumers’ protection internationally. This reform is particularly necessary in view of the continuing worldwide expansion of internet used.
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Mante, Joseph. "Resolution of construction disputes arising from major infrastructure projects in developing countries : case study of Ghana". Thesis, University of Wolverhampton, 2014. http://hdl.handle.net/2436/333130.
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This study undertook a critical examination of developing countries’ experiences of infrastructure-related construction dispute resolution using Ghana as a case study. It investigated the dispute resolution processes and procedures which parties to infrastructure construction disputes employed to address such disputes. To gain a better understanding of the dispute resolution processes, the study also assessed the legal framework for procurement and contract formation and other contextual issues which influenced parties’ dispute resolution choices. Consequently, strategies for efficient and effective dispute resolution were developed. The main rationale for the study was the need for effective and efficient dispute resolution processes in the context of infrastructure projects in developing countries. The literature indicated that disputes often occurred on such projects in developing countries that were resolved at great cost mainly by arbitral tribunals in the developed world. However, there was limited information on the extent to which other dispute resolution mechanisms were utilised prior to resort to international arbitration. The study adopted a qualitative research approach informed by the interpretivist philosophical paradigm. Data was collected from fifty-six interviewees from the State as the Employer and foreign contractors through semi-structured interviews and documents and analysed using qualitative data analysis procedures associated with grounded theory research such as coding, constant comparison, memoing and diagramming, and doctrinal legal analysis. It was found that engineer’s determination, negotiation and international arbitration were the most used dispute resolution mechanisms. Others such as mediation were rarely used. The dispute resolution processes were characterised by high cost, low satisfaction with outcomes and negative effect on relationships. It was also found that the extant dispute resolution processes were the product of the nature of the parties, the context in which they operated and their responses to the context. Factors such as lack of coordination among the Employer’s sub-units, human resource constraints and political interference had varying negative impacts on dispute occurrence, dispute resolution system design and the dispute resolution processes. To deal with these challenges and achieve efficient and effective dispute resolution processes, four sets of remedial strategies (condensed into a model called the Dispute Resolution Efficiency Cycle (DREC)) were proposed. The study has provided empirical evidence which has addressed some of the gaps identified in the literature on issues such as absence of information on pre-international arbitration dispute processes. The study has also highlighted the impact of context and dispute system design on dispute resolution. Contributions to practice included diagnosing challenges with the extant dispute resolution processes and proposing possible remedial strategies.
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Li, Wai Kwong. "An exploratory study of using alternative dispute resolution as a means of resolving real estate disputes in Hong Kong". access abstract and table of contents access full-text, 2005. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b20833829a.pdf.
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Mokorosi, Mampoja Evelina. "The role of alternative dispute resolution in consumer protection in Lesotho". Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16605.
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Includes bibliographical referencesThe absence of appropriate and effective mechanisms for consumer disputes in a legal system can result in a denial of access to justice. Consumers struggle to have their disputes settled because most of their claims are of small value and some consumers are low-income earners. Costs of litigating a claim in the formal court system are very high and the procedural formalities involved hinder consumers‟access to justice. As a result, alternative dispute resolution (ADR) seems to address that challenge as an appropriate approach to consumer disputes because it promises cost effective, efficient and fast mechanisms of resolving disputes. The purpose of this study is to examine the role of alternative dispute resolution in Lesotho in consumer protection. This is achieved by examining the available dispute resolution processes and how they function. Also, this study makes a comparison with the South African law regulating consumer protection in particular dispute resolution. It discusses ADR in consumer protection at international level as contained in the OECD report and EU Directives. The problem that exists in the market place is that bargaining power favours the sellers. As a result there are laws in place that protect consumers against manipulative or fraudulent sellers, but those laws do not mean anything to consumers if they cannot be enforced through proper channels for their benefit. Therefore, there have been various ADR mechanisms adopted by different legal systems in order to assist consumers to fully realise their rights. Some of these ADR mechanisms might be appropriate for consumer disputes but are very advanced and are not appropriate for a country like Lesotho due to the nature of consumers there and the country‟s economy. Despite South Africa being more economically developed compared to Lesotho it has introduced some of the ADR procedures which are easy to establish and seem to be working well to address consumers‟ claims. As a result, this study would recommend Lesotho to amend its laws in relation to consumer dispute resolution and revise Consumer policy which has been adopted recently.
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Christian, Michael C. "The role of mediation in resolving contract disputes". Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 1997. http://handle.dtic.mil/100.2/ADA341584.
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Thesis (M.S. in Management) Naval Postgraduate School, December 1997."December 1997." Thesis advisor(s): Mark W. Stone, David V. Lamm. Includes bibliographical references (p. 103-110). Also available online.
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Willmore, Charles S. "Resoultion of disputes involving variations in estimated quantities". Springfield, Va. : Available from National Technical Information Service, 2000. http://handle.dtic.mil/100.2/ADA387759.
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Robinson, Donna-Mae Nerissa. "The management of local water disputes in Ontario". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape8/PQDD_0001/MQ43211.pdf.
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