scholarly journals ALTERNATIVE WAYS TO RESOLVE LABOUR DISPUTES: PRACTICE OF UKRAINE AND THE EU

2020 ◽  
pp. 61-66
Author(s):  
O. Terekh
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Legal Regulation ◽  
The European Union ◽  
Legal Doctrine ◽  
Labour Relations ◽  
The Public ◽  
Advantages And Disadvantages ◽  
Comprehensive Information ◽  
Labour Disputes

This article explores alternative ways of resolving labour disputes through the analysis of relevant regulations of Ukraine and the Member States of the European Union, in particular, France, Bulgaria and Poland, and compares the relevant regulations in this area by contrasting the provisions of domestic and foreign legislation. The purpose of the article is to explore the ways to alternatively resolve labour disputes by analyzing the relevant legal doctrine and provisions of domestic and European law, to identify the advantages and disadvantages of such methods as mediation, conciliation, arbitration, to suggest ways to improve existing legislation. It is noted that the lack of proper legal regulation of alternative dispute resolution today is not the only. Thus, it emphasizes the need to train personnel who could perform the functions of mediators in labour disputes, as well as the need to conduct a comprehensive information policy to inform the public about the benefits of alternative dispute resolution as opposed to litigation, to which the author, in particular, relates the speed, efficiency and focus on maintaining labour relations. In addition, consideration is given to the feasibility of introducing mandatory pre-trial procedures for the settlement of labour disputes. The results of the study can be used for further research in the study of alternative ways of resolving labour disputes, and the formulated proposals can be used to improve existing legislation in the field of labour disputes. Keywords: a labor conflict, mediation, conciliation, arbitration courts, arbitration, a labor dispute commission.

scholarly journals The New Ontario Judicial Alternative Dispute Resolution Model

1995 ◽  
Vol 34 (1) ◽  
pp. 206
Author(s):  
Peter Bowal
Keyword(s):  
Dispute Resolution ◽  
Public Interest ◽  
Alternative Dispute Resolution ◽  
Pilot Project ◽  
Civil Litigation ◽  
The Public ◽  
Advantages And Disadvantages ◽  
Court Of Justice ◽  
Resolution Model

The author introduces the new ADR Pilot Project currently being tried in the Ontario Court of Justice (General Division). Taking place in Toronto, the project is aimed at avoiding civil litigation. It involves ADR referral and management after filing of the Statement of Defence. First, the parties must meet. If the dispute remains unsettled, statements are submitted by the parties. The parties and counsel then attend an ADR session, which can be a mediation, mini-trial, or neutral evaluation. The advantages and disadvantages of the project are then detailed, for the parties, the public interest, and otherwise. The author notes that the pilot project stresses many of the same values that are dominant in provincial arbitration legislation. However, there are also significant differences between the schemes. In the end, the author is optimistic for the success of the project, but cautions that more time must pass before any meaningful assessments can be made.

scholarly journals A BRIEF REVIEW OF THE CASE LAW ON THE RIGHT “TO BE FORGOTTEN”

2019 ◽  
Vol 30 (6) ◽  
pp. 1377-1383
Author(s):  
Liuba Tzakova
Keyword(s):  
European Union ◽  
Case Law ◽  
Legal Regulation ◽  
Virtual Space ◽  
The European Union ◽  
The Public ◽  
Advantages And Disadvantages ◽  
Right To Be Forgotten ◽  
The Individual ◽  
The Right

Modern society is evolving at a faster pace than before and this process is driven by the technological progress and the access to virtual space and Internet. Physical exchange of information is being replaced by its virtual double which offers faster speeds in quite different dimensions compared to traditional ones. Virtual space reduces distances between different parts of the world, there are no state borders, the individual has the ability to provide and create electronic content from anywhere in the world.In this space of “limitless” freedom, however, there is an inevitable collision between the different interests of individuals which has its reflection in the material world. It is here that the increasing necessity to create rules and regulations for resolving future and already arisen conflicts becomes visible.This report addresses issues related to the deletion/erasure of information on the Internet relating to a particular person, or the so-called right “to be forgotten”. A person may refer to this right when he considers published and publicly available information about him on the network irrelevant, as well as when the information is not correct, is no longer up to date, or the ground for its processing has been dropped. The right “to be forgotten” is a conflict issue that shows both advantages and disadvantages. It offers opportunity for a new beginning and for protection of privacy7, but it is often necessary to restrict it in order to protect the right of the public to be informed and the freedom of speech.The European Union plays an active role in order to place this issue in a legal framework. It established legal regulation in the field with Directive 95/46 / EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data which is interpreted in connection with the Charter of Fundamental Rights of the European Union. The General Data Protection Regulation entered into force in 2018 and replaced Directive 95/46 /EC. Of particular importance for understanding and enforcing of the right “to be forgotten” is the case-law of the Court of Justice of the European Union and the European Court of Human Rights. The role of the courts of the different countries should also not be underestimated.Despite the clarity that this regulation introduces, there are new issues that need to be addressed, such as the criteria for deleting personal information from the virtual space and in which cases the public interest is justified to take precedence over that of the individual and where it is not.

scholarly journals Alternative dispute resolution procedures using information technologies: legal regulation in the European Union and the USA

2020 ◽  
Vol 9 (26) ◽  
pp. 60-67
Author(s):  
Minas Arakelian ◽  
Olga Ivanchenko ◽  
Oleg Todoshchak
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Information Technologies ◽  
Legal Regulation ◽  
The European Union ◽  
Eu Member States ◽  
Online Dispute Resolution ◽  
Foreign Countries ◽  
The Usa ◽  
Use Of The Internet

The article is devoted to the research of legal issues of protection of the violated rights, determination of the effectiveness of the mechanism of ensuring the rights, investigation of alternative ways of protection of rights, analysis of the functioning of ODR platforms and prospects of their functioning. The article notes that with the widespread use of the Internet, legal institutions are changing, especially with regard to dispute resolution. The emergence of e-commerce has led to the emergence of online dispute resolution platforms that are already in use on all continents. The e-commerce market in Ukraine and in the world is gaining momentum, so Ukraine's desire for closer interaction with EU Member States and integration into the common market necessitates a detailed study of the experience of the EU and foreign countries to introduce the most effective and advanced mechanisms for securing the rights of e-commerce participants. The study concludes that it is advisable to use online dispute resolution (ODR) procedures, which are a cross-border alternative dispute resolution, as a fast and versatile way to resolve disputes, as a substitute for the ineffective existing forms of IPR protection. Based on the analysis of the existence of alternative dispute resolution methods, it is established that online dispute resolution due to its specific legal nature is an independent way of resolving disputes.

scholarly journals Ventajas y Desventajas de la Conciliación en la Resolución de Conflictos – Sobre Reparación del Daño al Medio Ambiente

2016 ◽  
Vol 03 (03) ◽  
pp. 111-139
Author(s):  
Angelina Isabel Valenzuela Rendón
Keyword(s):  
Sustainable Development ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Sustainable Development Goals ◽  
Environmental Damage ◽  
The Sustainable Development ◽  
Advantages And Disadvantages ◽  
The Pacific ◽  
Environmental Damages ◽  
Development Goals

En el presente trabajo se exponen diversas ventajas y desventajas propias del medio alterno de solución de conflictos conocido como conciliación, esto a fin de dilucidar si se trata de un mecanismo adecuado para resolver controversias sobre reparación de daño causado al medio ambiente, lo que se realizará mediante la técnica metodológica cartesiana. Se observa que la conciliación es una forma de acceder a la justicia, adicional al proceso tradicional; además de que a través del procedimiento conciliatorio se fomenta la resolución pacífica de las disputas. Finalmente, se concluye que los pros de la conciliación tienen mayor peso que los contras. Por lo tanto, proponer el procedimiento conciliatorio significa ofrecer una alternativa de un mecanismo pertinente cuando se resuelven controversias sobre reparación del daño al medio ambiente; todo esto coadyuvando al logro de los Objetivos de Desarrollo del Milenio. In this research, different distinct advantages and disadvantages of the alternative dispute resolution known as conciliation are exposed. Through the Cartesian method, this presentation helps establish if conciliation is an adequate way to resolve disputes regarding reparation of environmental damage. Conciliation is a means to access justice, in addition to the traditional trial; furthermore, conciliation encourages the pacific resolution of disputes. Finally, it is concluded that the advantages of conciliation weigh more heavily than its disadvantages. Therefore, conciliation is a pertinent option to solve disputes regarding reparation of environmental damages, in order to achieve the Sustainable Development Goals.

scholarly journals International Legal and Economic Aspects of Dispute Resolution within the WTO in the Context of International Integration

2021 ◽  
Vol 14 (2) ◽  
pp. 64-71
Author(s):  
V. P. Kirilenko ◽  
Yu. V. Mishalchenko ◽  
A. N. Shchepova
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
The European Union ◽  
Advantages And Disadvantages ◽  
Legal Remedies ◽  
The World ◽  
System Functioning ◽  
Dispute Settlement System ◽  
Dispute Resolution Mechanism ◽  
Settlement Of Disputes

The article discusses issues related to the settlement of disputes within the framework of the World Trade Organization, as well as assesses the advantages and disadvantages of this system. The specific problems of the dispute settlement system functioning today are considered, and options for optimizing the dispute resolution mechanism and various ways to improve the effectiveness of legal remedies in cases of non-compliance with decisions are proposed. Special attention is paid to the latest topical disputes involving the Russian Federation, the European Union, Ukraine, China and USA resolved within the framework of the World Tr ade Organization, as well as to the crisis faced by the organization due to the absence of a permanent appeals body.

scholarly journals Methods of big data definition: Russian and foreign experience

2021 ◽  
pp. 143-157
Author(s):  
Kseniia Antipova
Keyword(s):  
Big Data ◽  
Russian Federation ◽  
Personal Data ◽  
Legal Regulation ◽  
The European Union ◽  
Legal Doctrine ◽  
Original Definition ◽  
Data Definition ◽  
The Russian Federation

This article explores the main approaches of Russian and foreign authors towards big data definition; reflects the classification of data, components of big data; and provides comparative characteristics to legal regulation of big data. The subject of this research is the legislation of the Russian Federation and legislation of the European Union that regulate the activity on collection, processing and use of big data, personal data and information; judicial and arbitration practice of the Russian Federation in the sphere of personal data; normative legal acts of the Russian Federation; governmental regulation of the Russian Federation and foreign countries in the area of processing, use and transmission of data; as well as legal doctrine in the field of research dedicated to the nature of big data. The relevance of this research is substantiated by the fact that there is yet no conceptual uniformity with regards to big data in the world; the essence and methods of regulating big data are not fully explored. The goal of this research is determine the legal qualification of the data that comprise big data. The task lies in giving definition to the term “big data”; demonstrate the approaches towards determination of legal nature of big data; conduct  classification of big data; outline the criteria for distinguishing data that comprise the concept of big data; formulate the model for optimal regulation of relations in the process of activity on collection, processing, and use of the data. The original definition of big data in the narrow and broad sense is provided. As a result, the author distinguishes the types of data, reflects the legal qualification of data depending on the category of data contained therein: industrial data, user data, and personal data. Attention is also turned to the contractual form of big data circulation.

2. The Court System and Alternative Dispute Resolution

2019 ◽  
pp. 16-40
Author(s):  
Lucy Jones
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Alternative Methods ◽  
European Convention ◽  
Court System ◽  
The European Union ◽  
English Court ◽  
European Court ◽  
The Supreme Court

This chapter discusses the English court system, civil disputes, and alternative dispute resolution. The courts in England and Wales form a hierarchy. At the lowest level are the Magistrates’ Courts and the County Courts, then the Crown Court and High Court, then the Court of Appeal, and finally the Supreme Court. The chapter considers the role of the Court of Justice of the European Union in interpreting EU law within Member States. It explains the position of the European Court of Human Rights, which deals with allegations of state breaches of the European Convention on Human Rights. Civil disputes arise in every area of business. An explanation of the civil procedure rules from commencing a claim to enforcement of a court judgment is provided. The chapter concludes with a discussion of alternative methods of dispute resolution including arbitration, mediation, and conciliation.

COMPARISION OF ALTERNATIVE CONSTRUCTION DISPUTE RESOLUTION MEASURES

2020 ◽  
Vol 7 (2) ◽  
Author(s):  
Ulrike Quapp ◽  
Klaus Holschemacher
Keyword(s):  
Dispute Resolution ◽  
Construction Industry ◽  
Alternative Dispute Resolution ◽  
Construction Projects ◽  
Legal Aspects ◽  
Construction Process ◽  
Legal Proceedings ◽  
Advantages And Disadvantages ◽  
Industry Practice

Construction projects often are particularly susceptible to conflicts due to their long-term character and complexity. In Germany, courts must deal with around 100,000 construction dispute litigations per year. Alternative Dispute Resolution (ADR) can be an alternative to expensive as well as time-consuming litigation and can help to relieve the judicial system. Furthermore, ADR may contribute to the satisfying settlement of a dispute between parties involved in the construction process and thus help to reach construction projects’ completion on time and within budget. Often, ADR mechanisms such as adjudication, mediation, and conciliation will be used. The paper analyzes the development of ADR in Germany in conjunction with European legal aspects. With special reference to the construction industry practice in Germany, various ADR measures and their advantages and disadvantages, as well as the current situation, will be explained. The authors conclude that, although ADR in Germany has experienced an upswing since the 1990s, it is used only to a small extent for settling disputes in construction projects. An increased knowledge about the advantages and disadvantages of different ADR measures in the construction industry would lead to more frequent uses of ADR. That, and a clever and detailed contract design, which helps to avoid conflicts basing on unclear contract contents, could save money and relieve the courts from time-consuming legal proceedings.

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