Multi-tier Commercial Dispute Resolution Processes in the United States

The main trend of recent years is the complication of tax administration. In order to improve it states develop forms of work with taxpayers, including alternative tax dispute resolution. The author analyses alternative tax dispute resolution that have already developed in Russia and compares them with similar procedures in the United States, the Netherlands and Germany. To the alternative methods that are applied in Russia the author refers tax monitoring and agreement on the settlement of a tax dispute. Tax monitoring is not seen as a form of tax control, but as a mean of resolving and preventing the occurrence of a tax dispute. The conclusion of an agreement between a tax authority and a taxpayer on the settlement of a dispute in court is possible by reaching a compromise on the qualification of relations, on actual circumstances, on the interpretation of the tax rate. The article contains examples of programs that exist in the US and Germany in the sphere of tax dispute resolution. Also issues related to the implementation of the mediation procedure existing in the United States, the Netherlands and Germany and the possibility of their application in Russia are considered. The author emphasizes the impossibility of applying the procedure of mediation in tax disputes in Russia at the moment due to the lack of legislative regulation.

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The Rise of Religious Arbitration

10.1093/acprof:oso/9780190640286.003.0002 ◽

2017 ◽

Author(s):

Michael J. Broyde

Keyword(s):

United States ◽

Dispute Resolution ◽

The United States ◽

Religious Communities ◽

Religious Groups ◽

Faith Based ◽

Norms And Values ◽

External Stimuli

This chapter surveys the contemporary landscape of religious arbitration in the United States by exploring how different religious communities utilize arbitration, how these processes differ from each other, and where various faith-based dispute resolution models fall within the broader ADR spectrum. It explores developments in Jewish, Christian, and Islamic arbitration in America over the last several decades, and discusses what internal concerns and external stimuli have spurred these changes. As such, this chapter reflects on why American Catholics have not moved in the same direction as some other religious groups, which have been eager to embrace the use of religious arbitration as a means of enabling their adherents to resolve ordinary secular conflicts in accordance with religious norms and values. Finally, this chapter will discuss the historical limitations of utilizing religious arbitration in many faiths and how some have evolved to embrace the practice.

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Untangling the Concept of Adversarial Legalism

Annual Review of Law and Social Science ◽

10.1146/annurev-lawsocsci-041620-083410 ◽

2020 ◽

Vol 16 (1) ◽

pp. 473-487

Author(s):

Jeb Barnes ◽

Thomas F. Burke

Keyword(s):

United States ◽

Public Policy ◽

Political Science ◽

Public Administration ◽

Dispute Resolution ◽

Policy Making ◽

The United States ◽

Law And Society ◽

Everyday Practice

The concept of adversarial legalism has been widely used by scholars of law, public administration, public policy, political science, sociology, and Law and Society, but the varying ways in which the concept has been employed raise concerns that it has become stretched to the point of incoherence. We argue that adversarial legalism entails both a style, an everyday practice of dispute resolution and policy making with distinct attributes, and a structure of governance that can be compared to other structures of authority. Untangling these aspects of adversarial legalism allows us to make sense of its different uses and identify future avenues of inquiry. Despite its wide application, adversarial legalism is in fact underutilized, especially in studies aimed at understanding consequences of judicialization, legalization, and juridification in the United States and abroad.

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Qatari litigation targets reputation, not resolution

Emerald Expert Briefings ◽

10.1108/oxan-db246757 ◽

2019 ◽

Keyword(s):

United States ◽

National Security ◽

Dispute Resolution ◽

United Arab Emirates ◽

The United States ◽

Test Cases ◽

Content Type ◽

Legal Challenges

Subject Qatari legal disputes with Gulf rivals. Significance More than two years after a bloc of regional rivals began an economic and political boycott of Qatar, there are no signs of rapprochement on the horizon. In the meantime, Doha has launched a series of legal challenges against the boycotting countries at the WTO and elsewhere. The United Arab Emirates (UAE) has responded with counterclaims against Qatar. Impacts The Gulf diplomatic crisis will likely only be resolved when the blockading countries find it expedient to bring it to a close. Saudi and UAE use of the national security exemption will offer further test cases for WTO dispute resolution. The United States may seek to intervene to encourage bilateral deals to prevent an unwelcome ruling on the national security exemption.

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Part III Dispute Resolution Under the Bermuda Form, 17 Team Assembly

10.1093/law/9780198754404.003.0017 ◽

2018 ◽

Author(s):

Scorey David ◽

Geddes Richard ◽

Harris Chris

Keyword(s):

United States ◽

New York ◽

Dispute Resolution ◽

The United States ◽

Personal Injury ◽

Similar Form ◽

Usual Model ◽

Turn On ◽

Medical Issues ◽

Underlying Causes

This chapter is primarily intended as a practical guide to the assembly of a legal team to handle a Bermuda Form arbitration. As discussed in earlier chapters, the paradigm arbitration pursuant to Article VI.N of the Form XL004, or a similar form, is one in which the underlying facts have generally arisen because of liabilities incurred in the United States, the law governing the Bermuda Form policy is that of New York, and that takes place in London pursuant to the English Arbitration Act 1996. But within the ‘usual’ model, the nature of the disputes often differs. For example, a case may turn on detailed argument as to the proper construction of the policy; it may involve heavily contested facts as to the gravamina of the underlying causes of action; due to the nature of the Bermuda Form, the underlying facts can involve one incident or a multiplicity of individual accidents; similarly, a typical claim may be concerned with property damage or personal injury claims where medical issues are in dispute. Each possible permutation of legal and factual issues may give rise to the need for different sets of legal skills.

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Where the Buck Stops: Special Education and Dispute Resolution in the United States

Resolving Disputes about Educational Provision ◽

10.4324/9781315605791-12 ◽

2016 ◽

pp. 177-206

Keyword(s):

United States ◽

Special Education ◽

Dispute Resolution ◽

The United States

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Supply Chain Dispute Resolution

Information Technologies, Methods, and Techniques of Supply Chain Management ◽

10.4018/978-1-4666-0918-1.ch008 ◽

2012 ◽

pp. 133-148

Author(s):

Frank Wolf ◽

Lee Pickler

Keyword(s):

United States ◽

Supply Chain ◽

Dispute Resolution ◽

Delphi Method ◽

Best Practice ◽

The United States ◽

Performance Criteria ◽

Industrial Sectors ◽

One Year ◽

Timely Delivery

This paper examines how supply chain conflicts across domestic and international jurisdictions arise and become resolved given that conventional conflict resolution tribunals cannot effectively settle fast enough to serve the needs of supply chain partners. Observations from the field should guide practitioners, and in combination with information technology, may lead to best practice rules in dispute resolution. For this study, the Delphi Method was selected, in which a panel of 14 experts participated in three rounds of successive surveys over a one-year period. Survey data was collected by mail as well as via telephone conversations and interviews, while under the Delphi method, the content of the second questionnaire was derived from the responses of the first questionnaire. All participants were supply chain experts in the United States from eight different industrial sectors, and none of the participants interacted with one another. End results show that supply chain’s relationships are very private trade arrangements and that disputes arise, predictably, from common performance criteria such as quality, timely delivery and payment issues.

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Arbitration of family separation issues – a useful adjunct to mediation and the court process

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ◽

10.4314/pelj.v17i6.04 ◽

2014 ◽

Vol 17 (6) ◽

pp. 2356 ◽

Cited By ~ 1

Author(s):

M De Jong

Keyword(s):

South Africa ◽

Dispute Resolution ◽

Alternative Dispute Resolution ◽

Dispute Settlement ◽

Family Law ◽

The United States ◽

Family Breakdown ◽

The Many ◽

Substantive Law ◽

Resolution Processes

For over half a century now, section 2(a) of the Arbitration Act 42 of 1965 has prohibited arbitration in respect of matrimonial and related matters. In this article it will be illustrated that this prohibition is clearly incompatible with present-day demands. Today there is a strong tendency in public policy towards alternative dispute resolution processes such as arbitration. As any recommendations that arbitration should be applied to family law disputes must be anchored in an analysis of the specific character of the arbitral remedy, the article begins by giving a broad overview of the nature of arbitration. This is followed by a discussion of the present-day demand for family arbitration, which examines the problems experienced with the adversarial system of litigation in resolving family law disputes, party autonomy, the development of alternative dispute resolution processes such as mediation and arbitration, the special synergy between mediation and arbitration, the success of arbitration in other fields of law and possible forerunners for family arbitration in South Africa. Inherent in the demand for family law arbitration are the many advantages of arbitration, which are also touched upon. Thirdly, current trends in England, Australia, the United States of America, Canada and India are analysed so as to identify a suitable family law arbitration model for South Africa. Special attention is paid to the matters that should be referred to arbitration – for example, should it be confined to matrimonial property and financial disputes or extended to all matters incidental to divorce or family breakdown, including children's issues? Other questions examined include whether family arbitration should comply with substantive law only, who should act as arbitrators, whether family arbitration should be voluntary or compulsory, what the court's role in the family arbitration process should be, and whether family law arbitration should be regulated by the existing Arbitration Act or by a separate statute with specialised rules for family matters. Lastly, it is concluded that although family arbitration will not have universal appeal or common application, it should be encouraged and enforceable for those who choose this private alternative dispute settlement technique to resolve their family disputes.

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