Online Dispute Resolution: Consumer Redress in a Global Market Place

2006 ◽  
Vol 7 (8) ◽  
pp. 647-660 ◽  
Author(s):  
Gralf-Peter Calliess
Keyword(s):  
Dispute Resolution ◽  
Global Market ◽  
Legal Certainty ◽  
Legal Tradition ◽  
Market Place ◽  
Everyday Language ◽  
Simple Operation ◽  
Online Dispute Resolution ◽  
The Law

Online dispute resolution (“ODR”) can be conceived as a means to achieve some of the most powerful legal ideals of the Western legal tradition. Among these are:(1) Legal Certainty: In making individual plans, decisions, and choices everyone is entitled to know what the law is in advance. Therefore, laws shall be public, written in everyday language, and shall not be changed too often. The application of laws shall be a simple operation (legal syllogism) so that citizens do not need attorneys, and judges are just la bouche de la loi (Montesquieu).

scholarly journals THE ONLINE DISPUTE RESOLUTION IN PANCASILA’S FRAME

2021 ◽  
Vol 8 (2) ◽  
pp. 157
Author(s):  
Kasmudin Harahap
Keyword(s):  
Dispute Resolution ◽  
Legal Reform ◽  
Legal Certainty ◽  
Trade Disputes ◽  
Basic Principles ◽  
Mutual Cooperation ◽  
Online Dispute Resolution ◽  
Electronic Transactions ◽  
The Law ◽  
Research Show

Online Dispute Resolution is a solution in resolving problems outside the court where online dispute resolution is an appropriate solution to resolve online trade disputes, the settlement must apply Pancasila values. Method The approach used in this research is normative juridical. The results of the research show that the application of Online Dispute resolution in addition to legal reform in the field of electronic transactions is also related to efforts to create legal certainty in online dispute resolution in Indonesia. The basic principles of online dispute resolution in Pancasila values are reflected in the spirit of kinship and mutual cooperation, these principles is a reflection of Pancasila values leading to basic values which are the elaboration of the same spirit and within the limits allowed by these basic values. Agreed values in realizing the law as the goal of justice and creating justice

scholarly journals Advancing Online Dispute Resolution in Nigeria: Current Opportunities, Legal Challenges and the Ways Forward

2021 ◽  
Vol 11 (2) ◽  
pp. 407-431
Author(s):  
Mujib Akanni Jimoh
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Online Dispute Resolution ◽  
Territorial Jurisdiction ◽  
Legal Challenges ◽  
Legitimate Concern ◽  
The Law ◽  
Court Hearing

The outbreak of COVID-19 has impacted the Nigerian legal system with the introduction of virtual court hearing. Currently, there is no legislation on virtual court hearings in Nigeria. The foregoing notwithstanding, this article examines the constitutionality of this type of hearing and its practicability under the extant laws. Virtual court had been discouraged because of the concern that it may not pass the test of public trial, which is constitutionally guaranteed. This article analyses the provisions of the Constitution as well as available case laws, which suggest that if certain requirements are met, virtual courts may pass the constitutional test of publicity of trial. It is also submitted that the virtual court will not offend the law on territorial jurisdiction. Nonetheless there are some legitimate concern about the issue of evidence, especially examination of witnesses, which may not be best suited for virtual court. Among these are technological inadequacy necessary for virtual court hearings in Nigeria leading to recommendations arising from practices in other jurisdictions.

scholarly journals The influence of legal tradition on Italian arbitration discourse

Semiotica ◽  
2017 ◽  
Vol 2017 (216) ◽  
pp. 317-337
Author(s):  
Maurizio Gotti
Keyword(s):  
Dispute Resolution ◽  
Legal Tradition ◽  
Linguistic Expression ◽  
Legal Language ◽  
Linguistic Features ◽  
Commercial Arbitration ◽  
Online Dispute Resolution ◽  
Italian Context ◽  
User Friendly ◽  
Pragmatic Strategies

AbstractIn the last few decades, arbitration has been increasingly adopted in trade and commerce to resolve conflicts. As this method of settling commercial disputes is commonly considered an efficient, economical and effective alternative to litigation, the language used in arbitration documents is usually deemed to differ from that of litigation texts. However, in recent years there has been a narrowing between the two practices, as litigation processes and procedures have increasingly been seen to influence arbitration practices. In view of these considerations, the paper investigates the nature and the extent of the “colonization” of commercial arbitration discourse by litigation language in the Italian context, and explores the motivations for such an interdiscursive process. To better understand how and to what extent language forms/functions correlate to the “colonization” of arbitration discourse, the paper focuses on the lexico-semantic elements of the Italian arbitration texts examined here and on the linguistic expression of their rhetorical-pragmatic strategies. In particular, it examines whether key linguistic features of Italian legal language are also present in the texts taken into consideration. The analysis is based on the recording of recent Italian arbitral proceedings as well as awards of commercial arbitration cases, and also examines documents used in Online Dispute Resolution, a field which is supposed to be more user-friendly and accessible to laymen wishing for clear resolutions to resolve their disputes. Relying on the analysis of the texts, the chapter shows the presence of the main lexical, syntactic and textual patterns typical of Italian legal language. The presence of these features can be explained not only by the legal background of many of the arbitrators but also by a process of standardization which seems to condition also the non-legal experts working in this field.

scholarly journals Pelaksanaan Klausul Penyelesaian Sengketa Dalam Akad Perbankan Syariah Pasca Putusan Mahkamah Konstitusi Republik Indonesia Nomor : 93/PUU-X/2012 Pada Bank Syariah Mandiri KCP Indramayu

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 147
Author(s):  
Mahpudin Mahpudin ◽  
Akhmad Khisni
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Court Decision ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Choice Of Law ◽  
Legal Uncertainty ◽  
The Law ◽  
The Republic ◽  
Dispute Resolution Mechanism

ABSTRAKPutusan Mahkamah Konstitusi Republik Indonesia Nomor : 93/PUU-X/2012 Tanggal 29 Agustus 2013 telah membatalkan Penjelasan Pasal 55 ayat (2) Undang-Undang Republik Indonesia Nomor 21 Tahun 2008 Tentang Perbankan Syariah adalah soal kepastian hukum. Hal ini dikarenakan dalam Penjelasan pasal 55 ayat (2) menimbulkan ketidakpastian hukum antara pilihan hukum dalam lingkup peradilan umum dengan pilihan hukum dalam lingkup peradilan agama. Kepastian hukum secara normatif adalah ketika suatu peraturan dibuat dan diundangkan secara pasti karena dapat memberikan pengaturan secara jelas dan logis. Jelas dalam arti tidak menimbulkan keragu-raguan atau multi tafsir, dan logis dalam arti hukum tersebut menjadi suatu sistem norma dengan norma lain sehingga tidak berbenturan atau menimbulkan konflik norma ataupun adanya kekaburan dan kekosongan norma. Asas ini dapat dipergunakan untuk dapat mengatasi persoalan dalam hal konsep mekanisme dan pilihan hukum dalam penyelesaian sengketa perbankan syariah;Pilihan forum penyelesaian sengketa Perbankan Syariah berdasarkan Putusan Mahkamah Konstitusi Republik Indonesia Nomor : 93/PUU-X/2012 Tanggal 29 Agustus 2013 yang membatalkan Penjelasan Pasal 55 ayat (2) Undang-Undang Republik Indonesia Nomor 21 Tahun 2008 Tentang Perbankan Syariah harus dinyatakan secara tegas menyatakan dan menyepakati apakah memilih forum Arbitrase Syariah atau menentukan pilihan forum Pengadilan Agama dalam rumusan klausula Penyelesaian Perselisihan atau Sengketa dalam Akad Perbankan Syariahnya. Artinya memilih atau menentukan salah satu forum mekanisme penyelesaian sengketa syariah yaitu forum BASYARNAS atau Pengadilan Agama, bukan menggabungkan keduanya dalam satu rangkaian rumusan klausula penyelesaian sengketa.Kata kunci : klausul penyelesaian sengketa, akad perbankan syariah, putusan Mahkamah Konstitusi ABSTRACTDecision of the Constitutional Court of the Republic of Indonesia Number 93 / PUU-X / 2012 dated August 29, 2013 has annulled the Elucidation of Article 55 paragraph (2) of Law of the Republic of Indonesia Number 21 Year 2008 concerning Sharia Banking is a matter of legal certainty. This is because in the Elucidation of article 55 paragraph (2) raises legal uncertainty between the choice of law within the scope of general justice with the choice of law within the scope of religious court. Normative legal certainty is when a rule is created and enacted as it can provide clear and logical arrangements. Clearly in the sense that there is no doubt or multi-interpretation, and logical in the sense that the law becomes a system of norms with other norms so as not to clash or cause conflict of norms or the existence of vagueness and void norms. This principle can be used to solve the problem in terms of the concept of mechanism and choice of law in solving the dispute of sharia banking;The choice of dispute resolution forum of Sharia Banking pursuant to Decision of Constitutional Court of the Republic of Indonesia Number 93 / PUU-X / 2012 dated August 29, 2013 which annul the Elucidation of Article 55 paragraph (2) of Law of Republic of Indonesia Number 21 Year 2008 concerning Sharia Banking must be stated expressly declare and agree on whether to vote for a Shari'ah Arbitration Forum or to determine the choice of Religious Court forums in the formulation of a Clause or Dispute Settlement clause in its Sharia Banking Agreement. It means choosing or determining one of the forums of dispute resolution mechanism of sharia namely BASYARNAS or Religious Court, not merging the two in a series of dispute settlement clause formulas.Keywords: clause of dispute settlement, syariah banking contract, Constitutional Court decision

scholarly journals Reconstruction of Over-the-Counter Transaction Settings Based on Legal Certainty

2020 ◽  
Vol 19 (3) ◽  
pp. 710
Author(s):  
I Wayan Surya Hamijaya J
Keyword(s):  
Dispute Resolution ◽  
Financial Services ◽  
Competent Authority ◽  
Legal Protection ◽  
Legal Certainty ◽  
Over The Counter ◽  
Secondary Markets ◽  
Legal Uncertainty ◽  
The Law

OTC (Over-the-Counter) Transaction has become one of the alternative choices that greatly benefits to the parties. Problems then arise when the law has been formed by the competent authority, but it creates legal uncertainty due to the regulations that regulate the same things but different contents. The OTC Transactions are regulated in Financial Services Authority Regulation Number 22 / POJK.04 / 2019 on Securities Transactions. It is stated that the OTC are included in securities transactions, of which transactions can be done both in the primary and secondary markets. However, the Regulation Number 8 of 1995 does not regulate the OTC transactions. This can lead to the legal uncertainty towards the OTC transaction agents since there are more than one regulation governing the same problem. In addition, a reconstruction is needed for legal protection and dispute resolution related to the OTC transactions.Keywords: OTC transactions, regulatory reconstruction, legal certainty. 

scholarly journals Uang tutup babah as a customary dispute resolution in gayonese community

2018 ◽  
Vol 52 ◽  
pp. 00043
Author(s):  
Shira Thani ◽  
Alvi Syahrin
Keyword(s):  
Dispute Resolution ◽  
Positive Impact ◽  
Customary Law ◽  
Deterrent Effect ◽  
Legal Certainty ◽  
Sociological Jurisprudence ◽  
Impact Theory ◽  
The Law ◽  
Laws And Regulations

There are several customary sanctions which are often imposed in customary dispute resolutions in Gayonese community. One of them is uang tutup babah (hush money). It is a payment to resolve customary dispute between parties. However, it is not yet regulated in laws and regulations related to customary law. This paper will discuss the legal strength of decision of uang tutup babah in a customary dispute resolution and its impact. Theory of sociological jurisprudence, theory of harmonization and theory of criminalization were used in this study. In general, uang tutup babah means hush money. It is a customary dispute resolution in some customary communities in Gayo. Although the sanction, uang tutup babah, it is not yet regulated by law on customary institutions, it is often used by parties involved in the dispute to resolve their problem because it has a positive impact on communities. It is also believed that it gives a deterrent effect to the perpetrator. Since this has been done repeatedly and community accept it as a sanction, it should be included in the law to ensure that it gives legal certainty and has legal strength.

scholarly journals Regulation and consumer protection of fintech in Indonesia

2021 ◽  
Vol 6 ◽  
pp. 49-63
Author(s):  
Afif Noor ◽  
Haniff Ahamat ◽  
Ismail Marzuki ◽  
Dwi Wulandari ◽  
Akhmad Arif Junaidi ◽  
...  
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Legal Certainty ◽  
Analysis Method ◽  
Legal Reforms ◽  
Consumer Rights ◽  
The Law ◽  
Laws And Regulations

Islamic fintech lending regulation and consumer protection are important matters that serve as behavioral guidelines and guarantee the fulfillment of consumer rights. Islamic fintech lending has high risks, such as default, sharia compliance, and implementation of dispute resolution. This study aims to find and analyze the regulation and protection of Islamic fintech lending consumers in Indonesian laws and regulations. This research is normative juridical research that examines the law as a norm in legislation by using secondary data which is analyzed qualitatively by descriptive analysis method. Normatively, there are no regulations that specifically regulate or contain Islamic fintech lending. Thus, consumer protection is also weak. Policymakers must carry out legal reforms by issuing laws or regulations that regulate Islamic fintech lending and its business activities to realize legal certainty, justice, and benefit.

scholarly journals Land Register Entry as the Condition for Real Estate Transactions and Investments

2017 ◽  
Vol 3 (2) ◽  
pp. 161-181
Author(s):  
Marko Babić
Keyword(s):  
Real Estate ◽  
Legal Systems ◽  
Legal Certainty ◽  
Legal Tradition ◽  
Real Property ◽  
The Law ◽  
Land Register

AbstractThis article deals mostly with land registers. It demonstrates clearly what is the significance of this legal element in continental European legal systems especially those who follow Germanic legal tradition (like Croatia). As such, land registers provide legal certainty and transparency which are highly desired and valued among potential business investors. Therefore, we may rightly award it with cornerstone status within the law of real property.

Pengatuan Hukum Terhadap Narkotika Jenis-Jenis Baru yang Belum Terdaftar

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Rizky Maulana Hakim
Keyword(s):  
Hazardous Materials ◽  
Legal Certainty ◽  
Next Generation ◽  
The Law

We realize that in the community, it is still close to the night world which can plunge the nation's next generation, through drinking, gambling, and especially Narcotics. There are many rules related to this problem, it is still possible that the minimum knowledge of the community is what causes users to become victims of the rigors of using drugs.In discussing this paper, we will take and discuss the theme of "Legal Certainty and Role of Laws on Narcotics (Narcotics and Drugs / Hazardous Materials) by Users and Distributors." The purpose of accepting this paper is, first, to be agreed by the reader which can be understood about the dangers that need to be discussed regarding the subjectivity of the drug itself; secondly, asking the reader to get a clue about actually addressing the urgency about the distribution of drugs; round, which is about knowing what the rules of the law and also the awareness in the surrounding community.Keywords: Narcotics, Role of Laws, Problem, Minimum Knowledge, awareness

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