Labour Dispute Settlement

2021 ◽  
pp. 195-216
Author(s):  
Yan Wang
Keyword(s):  
Dispute Settlement ◽  
Labour Dispute

Towards International Mechanisms for Resolving Investment Disputes in Qatar

2021 ◽  
pp. 1-25
Author(s):  
Salim Yaacoub
Keyword(s):  
Dispute Settlement ◽  
Full Range ◽  
Social Stability ◽  
Foreign Direct Investments ◽  
Capital Investments ◽  
Dispute Settlement Mechanism ◽  
Online Dispute Resolution ◽  
Labour Dispute ◽  
Strategic Location ◽  
Settlement Mechanism

Abstract In addition to possessing one of the largest proven gas reserves worldwide, Qatar benefits from a strategic location between the East and West, forming an attractive destination for foreign direct investments. Law No. 1/2019 regulating non-Qatari capital investments provides investors with greater political and social stability along with a full range of benefits. The most significant among these benefits is the freedom offered by the legislator to resolve any dispute by choosing any type of settlement dispute. Hence, Article 16 of Law No. 1/2019 states that ‘unless it is a labour dispute, the non-Qatari Investor may agree to settle any dispute between them and others through arbitration or any other means of settling disputes in accordance with the law’. This article will discuss and analyse the other means of dispute settlement mechanism compatible with Qatar, especially when online dispute resolution has become more significant in the era of COVID-19.

“Mediate First”: The Revival of Mediation in Labour Dispute Resolution in China

2015 ◽  
Vol 222 ◽  
pp. 380-402 ◽  
Author(s):  
Wenjia Zhuang ◽  
Feng Chen
Keyword(s):  
Dispute Settlement ◽  
Discretionary Power ◽  
Local Authorities ◽  
The Rule Of Law ◽  
The Past ◽  
Labour Dispute ◽  
The Government ◽  
Bureaucratic Agencies ◽  
Labour Disputes

AbstractThe past few years have witnessed the revival of mediation as a chief method of labour dispute settlement in China. While the central government's campaign has reinvigorated the use of mediation in order to control social conflicts and maintain stability, its expansion and extensive deployment have also been driven by local authorities, as mediation can better serve their policy priorities and bureaucratic interests. Not only does the extension of mediation provide local bureaucratic agencies with flexibility and discretionary power to resolve conflicts without having to comply with legal minimums, it also legitimizes the courts' “non-legalistic approach” to settling dispute cases. The extensive employment of mediation by local authorities has chipped away at the role of legal procedures in settling labour disputes. The revival of mediation embodies a tension between the rule of law the government has promoted since the reform and the extrajudicial methods it needs for controlling conflicts.

Settlement of Labour Disputes under Cameroonian Labour Law

2018 ◽  
Vol 26 (3) ◽  
pp. 407-425
Author(s):  
Fonja Julius Achu
Keyword(s):  
Private Sector ◽  
Trade Unions ◽  
Dispute Settlement ◽  
Case Law ◽  
Labour Law ◽  
Labour Relations ◽  
Effective Strategies ◽  
Labour Dispute ◽  
Labour Disputes ◽  
Legal Mechanism

Labour relations dispute settlement in Cameroon is fraught with problems. This article is aimed at examining the adequacy of Cameroon's labour laws vis-à-vis the settlement of labour disputes. The author uses published records, case law, academic documents and documentaries to gather data. The data collected constitute the sources from which the law is drawn, stated and analysed in light of the stated aim of the article The article argues that in Cameroon the legal mechanism used to regulate labour dispute settlement in the private sector is very fragile and so does not effectively handle labour disputes. The relevance of the article lies in the fact that it addresses issues of law that affect employees, employers and trade unions as it enables them to be aware of the plight of workers and to explore effective strategies for dispute settlement. The findings are equally significant as they expose lacunae in the current law in relation to the settlement of labour disputes and conclude with suggestions on the way forward.

scholarly journals Retooling the Sustainability Standards in EU Free Trade Agreements

2021 ◽  
Vol 24 (1) ◽  
pp. 25-51
Author(s):  
Marco Bronckers ◽  
Giovanni Gruni
Keyword(s):  
Free Trade ◽  
Dispute Settlement ◽  
Labour Force ◽  
Environmental Standards ◽  
Labour Dispute ◽  
Monitoring And Enforcement ◽  
Trade Retaliation ◽  
Sustainability Standards ◽  
Domestic Level ◽  
The Eu

ABSTRACT The EU’s weak promotional policy towards sustainability in its free trade arguments is up for revision. Labour and environmental standards need to be tightened. They were given a boost on balance by a remarkable panel ruling of January 2021 in the long-standing EU–Korea labour dispute. Compliance ought to be subject to regular dispute settlement between governments. Sanctions must be added to the EU’s toolbox, going beyond trade retaliation. Private stakeholders should become more involved in monitoring and enforcement, both at the international and at the domestic level. All this will put an extra responsibility on the EU and its Member States to protect their labour force and the environment as well.

Investor-State Dispute Settlement under NAFTA Chapter 11: The Shape of Things to Come?

1998 ◽  
Vol 35 ◽  
pp. 263-290
Author(s):  
J. Anthony VanDuzer
Keyword(s):  
Free Trade Agreement ◽  
Dispute Settlement ◽  
Trade Agreement ◽  
Minimum Standards ◽  
The North ◽  
State Behaviour ◽  
Nafta Chapter 11 ◽  
To Come ◽  
The Right

SummaryRecently, there has been a proliferation of international agreements imposing minimum standards on states in respect of their treatment of foreign investors and allowing investors to initiate dispute settlement proceedings where a state violates these standards. Of greatest significance to Canada is Chapter 11 of the North American Free Trade Agreement, which provides both standards for state behaviour and the right to initiate binding arbitration. Since 1996, four cases have been brought under Chapter 11. This note describes the Chapter 11 process and suggests some of the issues that may arise as it is increasingly resorted to by investors.

Dispute Settlement Reports 2015

2017 ◽  
Author(s):  
World Trade Organization
Keyword(s):  
Dispute Settlement
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