scholarly journals Analysis of the Recent Commercial Arbitration Development Plan of the Korean Government – Some Suggestions for Vietnam’s Arbitration Law and Policy

2021 ◽  
Vol 4 (1) ◽  
pp. 65-87
Author(s):  
Son Pan Do ◽  
Tran Minh Quy
Keyword(s):  
Dispute Settlement ◽  
Action Plan ◽  
Legal Framework ◽  
Business Community ◽  
Development Plan ◽  
Commercial Arbitration ◽  
Korean Government ◽  
Integration Strategy ◽  
Management Quality ◽  
Law And Policy

Abstract The settlement of commercial disputes by commercial arbitration is gradually becoming popular in the business community. In the course of economic integration, Vietnam has acknowledged the role of arbitration and attempted to develop its arbitration legal framework in compliance with international practices. However, Vietnam’s arbitration system still faces various issues and thus, has required further reform. There are often cancellations of the referee’s decision, the procedure to cancel the award often lacks clarity, and the venue for the arbitration center’s dispute to be resolved is limited. In addition, the management, quality assessment and training of arbitrators is one of Vietnam’s problems. In Asia, Korea is known as one of the most pro-arbitration jurisdictions in the region. Since the adoption of the Arbitration Act in 1966 that governs both domestic and international proceedings, the Korean arbitration legal framework has always been kept consistent with generally accepted international practices. Recently, the Korean government has introduced an action plan to further promote the robust development of the commercial arbitration industry over the five-year period, from 2019 to 2023, and the goal is to turn Korea into one of five countries that have the world’s best arbitration system. Given the close cultural background and integration strategy of Vietnam and Korea, it is believed that the Korean experience can serve as a good reference for Vietnam in developing commercial arbitration law and policy. This paper begins with analyzing the background of the Vietnamese arbitration system and highlighting some limitations of Vietnamese arbitration. It then switches to the Korean arbitration system and development plan on promotion of dispute settlement by arbitration. The paper focuses on analyzing four main strategies that would: (1) strengthen the foundation of the arbitration industry; (2) activate domestic arbitration; (3) secure competitiveness in the arbitration industry; (4) expand the attraction of international arbitration. The Korean action plan can suggest some interesting strategies for Vietnam to further strengthen its commercial arbitration system.

scholarly journals The Role of Asian International Arbitration Centre (AIAC) as a regional Hub for Oil and Gas Sector

2018 ◽  
Vol 7 (3.21) ◽  
pp. 345
Author(s):  
Wan M. Zulhafiz ◽  
. . ◽  
. .
Keyword(s):  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Oil And Gas ◽  
Legal Framework ◽  
Kuala Lumpur ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
Set Up ◽  
Oil And Gas Sector

Hydrocarbons projects involve multiple parties, including sovereign states and corporations, to operate expensive, complex and high-risk activities. Alternative dispute resolution (ADR) is often preferred more by the parties than litigation to ensure the smooth running of the projects. ADR refers to all mechanisms of dispute settlement other than litigation such as negotiation, mediation, adjudication, and arbitration. The Asian International Arbitration Centre (AIAC) or formerly known as the Kuala Lumpur Regional Centre for Arbitration (KLRCA) is the main institution that administers and resolves all commercial arbitration disputes in Malaysia. This research argues that, due to the technicalities and complexity of operations in the oil and gas sector, there is a need to set up a special arbitration centre for oil and gas under the AIAC to handle and resolve the industrial disputes. Furthermore, by establishing the centre, it can help to promote the AIAC as the choice of arbitration hub, especially within the Organization of the Petroleum Exporting Countries (OPEC). In doing so, it is necessary to pass a special legal framework to enable the establishment of the centre. It may function as a roadmap by the key players of the oil and gas sector to recourse in resolving disputes. The methodology employed by this research is carried out in a prescriptive, comparative and analytic manner.  

scholarly journals The Singapore convention on enforcement of mediated settlement agreements (mediation): from dream to reality?

Lex Russica ◽  
2019 ◽  
pp. 60-72 ◽  
Author(s):  
O. F. Zasemkova
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Business Community ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Cross Border ◽  
Trade Law ◽  
Draft Convention ◽  
Settlement Agreements ◽  
Commercial Disputes

On 26th of June, 2018, at its 51th session, the UN Commission on International Trade Law (UNCITRAL) announced the completion of two important documents — a draft United Nations Convention on International Settlement Agreements Resulting from Mediation, as well as the draft amendments to the UNCITRAL Model L aw on International Commercial Conciliation (2002) that, to a large extent, repeats the provisions of the draft Convention. It is expected that after its approval by the UN General Assembly on August 1, 2019, the Convention will be open for signature and, if ratified by a significant number of States, will play an important role in increasing the attractiveness of this method of dispute settlement to the international business community, allowing it to compete with international commercial arbitration.In this regard, the article attempts to analyze the main provisions of this Convention and to assess the feasibility of accession to it of the Russian Federation, taking into account the fact that currently in Russia this method of settlement of cross-border commercial disputes is not widespread. According to the results of the analysis, the author comes to the conclusion that the adoption of this Convention will create a basis for the enforcement of international agreements reached as a result of mediation and acceptable for States with different legal, social and economic conditions, while maintaining the inherent flexibility of this method of dispute resolution. This, in turn, will reduce the likelihood of parties to cross-border commercial disputes going to court or international commercial arbitration after mediation and, accordingly, will increase the attractiveness of this method of dispute resolution for the parties. 

Dispute resolution in the Islamic banking industry of Tanzania: learning from other jurisdictions

2016 ◽  
Vol 9 (1) ◽  
pp. 125-142 ◽  
Author(s):  
Abdul-Nasser H.R. Hikmany ◽  
Umar A. Oseni
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Banking Industry ◽  
Banking System ◽  
Legal Framework ◽  
Policy Framework ◽  
Islamic Banking ◽  
Court System ◽  
Content Type ◽  
Good Policy

Purpose This paper aims to examine the prospects of a dispute resolution framework for the Islamic banking industry in Tanzania under the existing legal framework. Design/methodology/approach This paper is based on comparative study by drawing significant lessons from other jurisdictions, and argues that to avoid some of the initial drawbacks in the dispute resolution framework for Islamic banking transactions in more advanced jurisdictions like Malaysia and United Kingdom, it is important for Tanzania to get it right from the onset to effectively manage Islamic banking disputes. Findings The study finds that apart from the court system which provides the main avenue for Islamic finance litigation, other processes such as arbitration and mediation which are deemed to be more sustainable could also be developed for effective dispute management. Research limitations/implications The study focuses on Tanzania banking system with comparison to other jurisdictions. Practical implications An increase of Sharī’ah-compliant products in Tanzania has led to the establishment of a number of Islamic banks. This study demonstrates the need for Tanzania to make use and/or make adjustment of its laws for effective dispute settlement of banking-related disputes. Originality/value This study appears to be the first paper to draw significant experiences from other jurisdictions to resolve Islamic banking disputes in Tanzania. It is expected to provide a good policy framework for the stakeholders in the Islamic banking industry in Tanzania.

scholarly journals Impact of circular economy as the EU’s ambitious policy

2019 ◽  
Vol 11 (2) ◽  
pp. 79-96
Author(s):  
Urška Fric
Keyword(s):  
Political Economy ◽  
Environmental Policy ◽  
Circular Economy ◽  
Best Practice ◽  
Action Plan ◽  
Legal Framework ◽  
New Approach ◽  
Social Actors ◽  
The Impact

Abstract The article describes the role of legislative and legal framework which brought about a new approach to waste management through the concept of circular economy, and its drivers. We explicitly focus on the impact of ambitious EU environmental policy and its financial support from the European Commission (EC) which helped social actors recognize not only the ecological, but also the economic and social benefits of the circular economy. Over 50 actions under the “Circular Economy Action Plan” launched in 2015 have been delivered or are being implemented in this period in European Union (EU). Through overview of the EU’s ambitious policy, best practice of the circular economy in the world and status quo in circular economy at EU level we also show the circular economy is nowadays a crucial megatrend and there is still needed to increase up action at EU level, provide the competitive advantage it brings to EU economy and close the loop. Beside impact of ambitious EU environmental policy article focuses on the Cultural Political Economy (CPE) approach as a political economy approach with the purpose for explaining the role of legislative and legal framework as a mechanism for selection and retention of the paradigm of circular economy.

scholarly journals MENTAL HEALTH ISSUES AT WORKPLACE: AN OVERVIEW OF LAW AND POLICY IN MALAYSIA AND UNITED KINGDOM (UK)

2020 ◽  
Vol 5 (21) ◽  
pp. 316-329
Author(s):  
Ruzita Azmi ◽  
Siti Nur Samawati Ahmad ◽  
Bidayatul Akmal Mustafa Kamil
Keyword(s):  
Mental Health ◽  
Mental Health Problems ◽  
Comparative Method ◽  
Developed Countries ◽  
Legal Framework ◽  
Health Problems ◽  
Comparative Approach ◽  
Research Approach ◽  
Law And Policy ◽  
The Uk

Surveys showed that workers in Malaysia are at high risk of health problems including mental health problems that stemmed from the rising stress level at work. Despite having employees’ safety, health, and welfare being codified, depression will be a major mental health illness among Malaysian by 2020. The Occupational Safety and Health Act 1994 (OSHA 1994) that caters to legislative framework in terms of securing safety, health, and welfare among Malaysian workforces has no provisions to provide a supportive environment for mental health wellbeing at the workplace as well as support for employees with a mental health problem. Furthermore, OSHA 1994 is self-regulated, causing fewer employers to develop OSH codes of practice and guidelines. This is among the weaknesses of OSHA 1994. This paper aims to examine the existing law and policy in Malaysia on mental health at the workplace. It also aims to compare the policy and legal framework in developed commonwealth countries such as the UK. This paper applies qualitative and comparative methods, consisting of a doctrinal legal research approach to understand the principles of law and policies dealing with mental health. A comparative method is employed in order to compare the policies and legal frameworks of mental health wellbeing in developed countries such as the UK. The comparative approach involves an examination of the similarities and dissimilarities between situations within the same legal system. The paper concludes that in order to support mental health and wellbeing at the workplace, a comprehensive legal framework and effective policy are needed especially for Malaysia. Compared with the UK, Malaysia is still lagged behind and has so much to learn from UK’s experiences to tackle issues on mental health.

scholarly journals The UNCLOS Dispute Settlement System: What Role Can It Play in Resolving Maritime Disputes in Asia?

2017 ◽  
Vol 8 (1) ◽  
pp. 91-115 ◽  
Author(s):  
Lan Ngoc NGUYEN
Keyword(s):  
Dispute Settlement ◽  
Legal Framework ◽  
Law Of The Sea ◽  
Settlement System ◽  
High Profile ◽  
The World ◽  
Maritime Disputes ◽  
United Nations Convention ◽  
Dispute Settlement System ◽  
The Unclos

AbstractAsia is currently the scene of some of the most high-profile maritime disputes in the world. Even though the majority of states in Asia are parties to the United Nations Convention on the Law of the Sea [UNCLOS], its dispute settlement system has only been utilized in a handful of cases. Given that negotiations have brought about limited results in easing many of the tensions, it is worth asking whether the UNCLOS dispute settlement system can play a role in the resolution of maritime disputes in Asia. This paper, based on a review of the disputes before UNCLOS Tribunals, as well the advantages and limitations of the system, argues that the UNCLOS dispute settlement system can make meaningful contributions to resolving thorny disputes between Asian states. It does so by providing a solution to the disputes brought before them, clarifying the legal framework for the conduct of the parties and facilitating co-operation amongst countries in the region.

Part I Rationales for State Aid Rules, 3 Evolution of State Aid Rules: Conceptions, Challenges, and Outcomes

2016 ◽  
Author(s):  
Kreuschitz Viktor ◽  
Nehl Hanns Peter
Keyword(s):  
Economic Integration ◽  
Action Plan ◽  
National Policy ◽  
Legal Framework ◽  
State Aid ◽  
The State ◽  
Soft Law ◽  
Policy Objectives ◽  
The One ◽  
Supranational Level

This chapter looks at the evolution of the legal framework for State aid during the past six decades of economic integration and addresses State aid rules in the context of balancing national policy objectives with the necessity to review aids at a supranational level. A dual trend emerges from the evolution of State aid rules over the last sixty years. On the one hand, the Court of Justice has played a key role in establishing new principles and designing rules governing State aid. In parallel, the Commission also acts as a rule-maker, by introducing relevant soft law and regulatory texts. In this context, the adoption of the Procedural Regulation in 1999 can be regarded as a turning point in the codification and development of State aid rules. The development of State aid is, however, not completed, as reflected in the last reforms of the State Aid Action Plan and the State Aid Modernization initiative.

Assessing the Realization of the Right to Sanitation in Rural Areas

2019 ◽  
pp. 143-170 ◽  
Author(s):  
Sujith Koonan
Keyword(s):  
Rural Areas ◽  
Legal Framework ◽  
Policy Framework ◽  
Law And Policy ◽  
The Law ◽  
The Right ◽  
Union Government

The legal framework relating to the realization of the right to sanitation in rural areas is complex and fragmented, with laws and institutions focusing on different aspects of sanitation at different administrative levels. The framework is further complicated with the presence of a strong policy framework framed by the Union Government from time to time which primarily governs the sector. This chapter examines the law and policy framework for the realization of the right to sanitation in rural areas in India. It specifically examines the framework for implementation of the right to sanitation in rural areas from the perspective of rights including the right to sanitation.

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