scholarly journals Judicial Specialisation in a Generalist Jurisdiction: Is Commercial Specialisation Within the High Court Justified?

2015 ◽  
Vol 46 (2) ◽  
pp. 307
Author(s):  
William Steel
Keyword(s):  
New Zealand ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Common Law ◽  
Future Research ◽  
High Court ◽  
The Law ◽  
The Government ◽  
Law Commission ◽  
The Way

In November 2013, after a series of Law Commission reports and years of academic, professional and judicial discussion, the Government introduced legislation to Parliament to replace the existing High Court commercial list with a specialist commercial panel. Whilst this panel would bring New Zealand into line with many comparable common law jurisdictions, this article argues that the case for specialisation has not been established. In particular, it notes that there is no publically available evidence to support the claim that the High Court is losing its commercial jurisdiction, or that commercial parties are choosing to resolve their disputes offshore or through alternative dispute resolution. Accordingly, this article argues that future research by the Law Commission, or other research agency, is required before specialisation can be justified. In reaching this conclusion, it also examines the issues that may arise if the Government decides to continue with its proposed reform under cl 18 of the Judicature Modernisation Bill 2013, suggesting changes along the way.

scholarly journals Judicial specialisation in a generalist jurisdiction: Is commercial specialisation within the High Court justified?

2021 ◽  
Author(s):  
◽  
William Steel
Keyword(s):  
New Zealand ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Common Law ◽  
Future Research ◽  
High Court ◽  
The Law ◽  
The Government ◽  
Law Commission ◽  
The Way

<p>In November 2013, after a series of Law Commission reports and years of academic, professional and judicial discussion, the government introduced legislation to Parliament to replace the existing High Court commercial list with a specialist commercial panel. Whilst this panel would bring New Zealand into line with many comparable common law jurisdictions, this paper argues that the case for specialisation has not been established. In particular, it notes that there is no publically available evidence to support the claim that the High Court is losing its commercial jurisdiction, or that commercial parties are choosing to resolve their disputes offshore or through alternative dispute resolution. Accordingly, this paper argues that future research by the Law Commission, or other research agency, is required before specialisation can be justified. In reaching this conclusion it also examines the issues that may arise if the government decides to continue with its proposed reform under clause 18 of the Judicature Modernisation Bill 2013, suggesting changes along the way.</p>

scholarly journals Judicial specialisation in a generalist jurisdiction: Is commercial specialisation within the High Court justified?

2021 ◽  
Author(s):  
◽  
William Steel
Keyword(s):  
New Zealand ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Common Law ◽  
Future Research ◽  
High Court ◽  
The Law ◽  
The Government ◽  
Law Commission ◽  
The Way

<p>In November 2013, after a series of Law Commission reports and years of academic, professional and judicial discussion, the government introduced legislation to Parliament to replace the existing High Court commercial list with a specialist commercial panel. Whilst this panel would bring New Zealand into line with many comparable common law jurisdictions, this paper argues that the case for specialisation has not been established. In particular, it notes that there is no publically available evidence to support the claim that the High Court is losing its commercial jurisdiction, or that commercial parties are choosing to resolve their disputes offshore or through alternative dispute resolution. Accordingly, this paper argues that future research by the Law Commission, or other research agency, is required before specialisation can be justified. In reaching this conclusion it also examines the issues that may arise if the government decides to continue with its proposed reform under clause 18 of the Judicature Modernisation Bill 2013, suggesting changes along the way.</p>

scholarly journals IMPLEMENTASI RESOLUSI MICRO CONFLICT BERBASIS ALTERNATIVE DISPUTE RESOLUTION (Studi Peran Mediasi di Pusat Pelayanan Terpadu Perempuan dan Anak Korban Kekerasan ‘Rekso Dyah Utami’ Yogyakarta)

2018 ◽  
Vol 11 (1) ◽  
pp. 57
Author(s):  
Linda Evirianti
Keyword(s):  
Dispute Resolution ◽  
Violence Against Women ◽  
Alternative Dispute Resolution ◽  
Transactional Analysis ◽  
Service Center ◽  
Social Phenomena ◽  
Women And Children ◽  
The Law ◽  
Integrated Service ◽  
The Way

Humans are social beings formed by mutual interests within the scope of the community. In relation to such reciprocity, social phenomena often arise in the form of violence or conflict arising from the existence of different interests, so that with the emergence of conflicts or disputes, the law plays an important role in resolving these conflicts, especially acts of violence against women and children. Through the Rekso Dyah Utami agency, there is an effort to minimize an act of violence. The way it is done is through the assistance of mediators in resolving cases that occurred at Integrated Service Center for Women and Children of Violence Victims (P2TPAKK) Rekso Dyah Utami through mediation practice.Keywords: communication transaction (transactional analysis), mediation, mediator.

scholarly journals IMPLEMENTASI RESOLUSI MICRO CONFLICT BERBASIS ALTERNATIVE DISPUTE RESOLUTION (Studi Peran Mediasi di Pusat Pelayanan Terpadu Perempuan dan Anak Korban Kekerasan ‘Rekso Dyah Utami’ Yogyakarta)

2018 ◽  
Vol 11 (1) ◽  
pp. 57
Author(s):  
Linda Evirianti
Keyword(s):  
Dispute Resolution ◽  
Violence Against Women ◽  
Alternative Dispute Resolution ◽  
Transactional Analysis ◽  
Service Center ◽  
Social Phenomena ◽  
Women And Children ◽  
The Law ◽  
Integrated Service ◽  
The Way

Humans are social beings formed by mutual interests within the scope of the community. In relation to such reciprocity, social phenomena often arise in the form of violence or conflict arising from the existence of different interests, so that with the emergence of conflicts or disputes, the law plays an important role in resolving these conflicts, especially acts of violence against women and children. Through the Rekso Dyah Utami agency, there is an effort to minimize an act of violence. The way it is done is through the assistance of mediators in resolving cases that occurred at Integrated Service Center for Women and Children of Violence Victims (P2TPAKK) Rekso Dyah Utami through mediation practice.Keywords: communication transaction (transactional analysis), mediation, mediator.

Conducting Law Reform Research: A Comparative Perspective

2007 ◽  
Vol 28 (2) ◽  
Author(s):  
Angela Melville
Keyword(s):  
New Zealand ◽  
Common Law ◽  
Legal Reform ◽  
Law Reform ◽  
Technical Process ◽  
Legal Norms ◽  
Efficiency And Effectiveness ◽  
The Law ◽  
Law Commission

AbstractLaw Reform Commissions are permanent bodies which operate in common law countries, and are charged with the task of recommending law reform. The Commissions conduct research into the need for law reform, and it appears this research is guided by a common set of broad principles. A comparison of the ways in which the New Zealand Law Commission and the recently defunct Law Commission of Canada put these principles into practice reveals that different Commissions use different approaches when putting these principles into practice.These different approaches reflect the ways in which the role of law within society and the role of the Law Commissions in shaping the law are conceived. For some Commissions, legal reform is a technical process driven by a desire for increased efficiency and effectiveness. For other Commissions, legal reform is seen as directing, rather than merely reflecting, social and legal norms, and is self-consciously aimed towards achieving the goals of social justice.

scholarly journals PENERAPAN PRINSIP PEMBUKTIAN HUKUM PERDATA FORMIL DALAM ARBITRASE BERDASARKAN UNDANG-UNDANG NOMOR 30 TAHUN 1999

Yuridika ◽  
2014 ◽  
Vol 29 (1) ◽  
Author(s):  
Kunti Kalma Syita
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Essential Role ◽  
Common Law ◽  
Civil Law ◽  
The Real ◽  
Procedural Law ◽  
The Law ◽  
Dispute Resolution Mechanism

In the dispute resolution mechanism both litigation and non-litigation such as arbitrary, proofing evidence process plays essential role to reconstruct the real occurrence in order to seek the truth. Proofing principles that is used in Indonesian arbitrary process is based on the Law number 30 year 1999 on arbitrary and alternative dispute resolution that is lex arbitri for Indonesia. Arbitrary is part of formal civil law, therefore its proofing principles is basically the same with the dispute resolution trough litigation. The Law number 30 year 1999 shows that Even though Indonesia is a civil law jurisdiction, there are some common law principles that are accommodated in the arbitrary process. Using conceptual and statute approach, this article attempts to look at proofing principles may arise in arbitrary mechanism based on the law mentioned and based on the actual practice.Keywords : arbitrary, proofing principles, civil procedural law.

scholarly journals DA DISCÓRDIA À SOLUÇÃO ADEQUADA DE CONTROVÉRSIAS: A BUSCA POR MECANISMOS ALTERNATIVOS PARA SATISFAÇÃO ENTRE AS PARTES CONFLITANTES

Percurso ◽  
2019 ◽  
Vol 1 (28) ◽  
pp. 82
Author(s):  
Mauro De Paula BRANCO
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Legal Positivism ◽  
De Se ◽  
The Law ◽  
Epistemological Analysis ◽  
Alternative Solutions ◽  
Do So ◽  
The Way

RESUMOO presente artigo científico possui como objetivo demonstrar ao leitor a maneira como as relações processuais são, ao longo da história, tratadas dentro do Direito e como é possível proporcionar mecanismos diversos para a solução alternativa de conflitos. Para tanto, dentro de uma análise epistemológica, a qual se vale do racionalismo para demonstrar quais as possíveis maneiras de se chegar a consensos válidos, judicial ou extrajudicialmente. O método pretendido é o indutivo, levando o interprete a entender quais as possibilidades de se adentrar em uma relação contenciosa, mas que pode se resolver consensualmente. PALAVRAS-CHAVE: Controvérsias; Positivismo Jurídico; Satisfação; Autocomposição; Soluções Alternativas; Mediação; Conciliação; Métodos Adequados. ABSTRACTThis article aims to demonstrate to the reader the way in which procedural relationships are dealt with within the Law and how it is possible to provide diverse mechanisms for alternative dispute resolution. To do so, within an epistemological analysis, which uses rationalism to demonstrate the possible ways to reach valid consensus, judicially or extrajudicially. The intended method is the inductive, leading the interpreter to understand the possibilities of entering into a contentious relationship, but that can be resolved consensually. KEYWORDS: Controversies; Legal Positivism; Satisfaction; Self; Composition; Alternative Solutions; Mediation; Conciliation; Appropriate Methods.

scholarly journals REPUDIASI DALAM PEMENUHAN PRESTASI KONTRAK PENGADAAN BARANG/JASA PEMERINTAH

2021 ◽  
Vol 5 (2) ◽  
pp. 98
Author(s):  
Chrestella Chrestella
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Research Method ◽  
Good Faith ◽  
Breach Of Contract ◽  
The Law ◽  
The Government ◽  
Service Procurement

Abstract Government goods/services is never free from contracts. The contract is the basis of every action / achievement carried out both by the Government as the user of the goods / services and the Provider as the provider of the goods / services. In the process of running a contract is very prone to conflict / dispute between the parties. On average, contract conflicts up to contract disputes take place after the contract expires so that they can be carried out through courts or alternative dispute resolution institutions stipulated in the law. However, teh main point is this study is the contract conflict that has not been a contract dispute because the contract has not ended (the periode of contract execution) or the contract has not started (pre-contract). Can it be called a default if the contract has not been completed and there are parties who want to cancel the contract? Do the principles of goodfaith and balance apply to contracts where one of the parties is the government?Based on this, the following matters will be examined: 1) The principle of good faith in the government through contract repudiation to prevent breach of contract; 2) The principle of balance in the implementation of contract repudiation of government goods/service procurement. The research method used a normative juridical method with statutory and conceptual approaches. From the results of the study, it was concluded that in the case of the Government with the principle of good faith and proportional balance of contracts through Repudiation efforts trying to prevent harmful things such as defaults when the Government considers that the contract cannot be continued. The value of good faith as the most fundamental basis coupled with balance values in accordance with its portion or the so-called proportional principle must really be the most serious concern in making contracts not only to safeguard the rights and obligations of the parties but more importantly to achieve the purpose of the contract that is the fulfillment of government goods / services.  Keywords : Repudiation, governement, contract, good faith, proportional.

Peranan KPPU Bagi Pemangku Kepentingan Dalam Menegakkan Undang-Undang Larangan Praktik Monopoli Di Indonesia

Liquidity ◽  
2018 ◽  
Vol 3 (2) ◽  
pp. 190-200
Author(s):  
Muchtar Riva’i ◽  
Darwin Erhandy
Keyword(s):  
Stakeholder Participation ◽  
The People ◽  
The Law ◽  
The Government ◽  
Law Commission

The establishment of the KPPU is to control the implementation of the Act. No. 5/1999 on Concerning the Ban on Monopolistic Practices and Unfair Business Competition in Indonesia. Various duties and authority of the KPPU contained in Article 35 and Article 36 of the Act. But in reality, KPPU does not have executorial rights so that the various decisions of the commission often could not be implemented. Therefore internally strengthening of institutional existence by way of amending the Law Commission is very appropriate to be used by the government and parliament agenda. Externally, stakeholder participation is something very urgent and that the KPPU’s strategic optimally capable of performing their duties according to its motto: “Healthy competition Welfare of the people”.

The Work of the International Law Commission, 2007–2011: Progress and Prospects

2012 ◽  
Vol 106 (2) ◽  
pp. 322-340 ◽  
Author(s):  
Donald McRae
Keyword(s):  
International Law ◽  
International Organizations ◽  
Armed Conflicts ◽  
General Assembly ◽  
Un General Assembly ◽  
The Law ◽  
International Law Commission ◽  
Transboundary Aquifers ◽  
Law Commission ◽  
The Way

On November 17, 2011, the UN General Assembly elected the members of the International Law Commission for the next five years. In the course of the quinquennium that was completed in August 2011 with the end of the sixty-third session, the Commission concluded four major topics on its agenda: the law of transboundary aquifers, the responsibility of international organizations, the effect of armed conflicts on treaties, and reservations to treaties. It was by any standard a substantial output. The beginning of a new quinquennium now provides an opportunity to assess what the Commission has achieved, to consider the way it operates, and to reflect on what lies ahead for it.

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