scholarly journals NIGERIA: FACE ACTS IN ALTERNATIVE DISPUTE RESOLUTION TELEVISION PROGRAM. THE CASE OF IGBIMO IPETU

2021 ◽  
Vol 36 ◽  
pp. 3-21
Author(s):  
Temitope Michael AJAYI ◽  
Oluwatosin AJAYI ◽  
Rahidat Temitope FASHINA
Keyword(s):  
Dispute Resolution ◽  
General Principle ◽  
Alternative Dispute Resolution ◽  
Television Program ◽  
Southwestern Nigeria ◽  
Damage Repair ◽  
Discursive Interaction ◽  
Television Programme ◽  
The Face

The concept of alternative dispute resolution (ADR) has largely been under explored from the linguistic lens, particularly in the Nigerian context. This study thus provides a scholarly intervention in this regard. Drawing insights from Brown and Levinson’s face theory, four randomly sampled recordings of Ìgbìmo Ìpètù, an alternative dispute resolution television programme on the Ekiti State Television (EKTV) in southwestern Nigeria was analysed in this study. Focus was placed on the face acts as well as their pragmatic functions in the programme. Findings revealed that bald on-record face-threatening acts (FTA), bald off-record FTA and positive face acts characterized the discursive interaction of participants on the programme. While bald onrecord and off-record FTAs were deployed by the panel to criticize and condemn actions considered unsavory on the part of complainants and the accused, complainants and accused persons deployed on-record FTAs to protest/redress the panel’s decisions found unacceptable. The panel used positive face acts as a general principle in the interaction, particularly with cooperative accused persons, while accused persons deployed positive face acts to negotiate the discursive interaction and for face-damage repair. Keywords: Alternative dispute resolution, dispute and media, face acts.

Part III Investment Disputes and Political Risk, 9 Mediation and Conciliation of Investment Disputes

2020 ◽  
Author(s):  
Rubins Noah ◽  
Papanastasiou Thomas-Nektarios ◽  
Kinsella N Stephan
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Political Risk ◽  
International Arbitration ◽  
The Face ◽  
Investment Treaties

Not all investment-related disputes are resolved through fully adversarial processes. In fact, both private businesses and governments are increasingly turning to various forms of mediation and conciliation in the face of serious disagreements rather than resorting immediately to international arbitration. A number of investment treaties also mention the possibility of alternative dispute resolution procedures, although such procedures are rarely if ever mandatory. This chapter addresses different alternatives to arbitration and litigation, with emphasis on the rather fine distinctions between them. It also discusses the methods by which mediation and conciliation may be imposed as a mandatory step preceding arbitration or litigation, with particular attention to investment contracts.

ASAS KEPASTIAN HUKUM DAN ASAS KEBEBASAN BERKONTRAK SEBAGAI PERTIMBANGAN UTAMA DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH (Kajian Yuridis Putusan MK Nomor 93/PUU-X/2012)

2018 ◽  
Vol 3 (1) ◽  
pp. 69
Author(s):  
Edi Hudiata
Keyword(s):  
Dispute Resolution ◽  
Judicial Review ◽  
Alternative Dispute Resolution ◽  
Contract Law ◽  
Islamic Banking ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Ideal Norm ◽  
Freedom Of Contract ◽  
Binding Force

Since the verdict of the Constitutional Court (MK) Number 93/PUU-X/2012 pronounced on Thursday, August 29, 2013, concerning the judicial review of Law No. 21 of 2008 on Islamic Banking, it is no longer dualism dispute resolution. The verdict as well as strengthen the jurisdiction of Religious Court to resolve Islamic banking disputes. In consideration of the judges, judges agreed stating that Article 55 paragraph (2) and (3) of Law No. 21 of 2008 which is an ideal norm, contains no constitutional problems. The problem is the explanation of the constitutional article 55 paragraph (2) of the Act. The emergence of the Constitutional Court verdict No. 93/PUU-X/2012 which substantially states that the explanation of Article 55 paragraph (2) of Law No. 21 of 2008 does not have binding force, basically does not violate the principle of freedom of contract which is common in contract law. The parties are allowed to make a dispute resolution agreement out of religious court based on provisions as Act No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. Keywords: dispute resolution, legal certainty and the principle of freedom of contract

Kajian Ekonomis Penyelesaian Sengketa Bisnis melalui ADR (Alternative Despute Resolution)

2020 ◽  
Vol 4 (1) ◽  
pp. 74
Author(s):  
Miswardi Miswardi
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Economic Benefits ◽  
Legal Institution ◽  
Business People ◽  
Minimize Costs

<p align="center"> </p><p><em>In line with the increasing demands of the business in the era of globalization, especially related to the resolution of business conflicts, business people have tried to find alternative dispute resolution methods other than justice. This is because the judicial institution as a legal institution that should be able to play its role in efforts to resolve various kinds of business conflicts, is in reality not as expected by business people. There is support for normative formalities. Therefore alternative dispute resolution institutions can be used as a very possible choice. This alternative institution is considered more effective in various aspects of business dispute resolution, in response to the demands of very fierce business competition. Some economic benefits gained from choosing a solution through ADR (Alternative Despute Resolution) are that this model is not formal, saves more time and also minimize costs in dispute resolution.</em></p><p> </p>

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