scholarly journals O TERMO DE AJUSTAMENTO DE CONDUTA COMO MEIO ALTERNATIVO DE SOLUÇÃO DE CONTROVÉRSIAS NO ÂMBITO DO MERCADO DE CAPITAIS / THE CONDUCT ADJUSTMENT TERM AS AN ALTERNATIVE MEANS OF DISPUTE RESOLUTION UNDER THE SCOPE OF CAPITAL MARKET

2021 ◽  
Vol 7 (1) ◽  
pp. 7292-7307
Author(s):  
Danilo Sanchez Pacheco
Author(s):  
da Fonseca Rodrigo Garcia

This chapter discusses oil and gas arbitration in Brazil. The oil and gas sector has undoubtedly played a big role in the evolution of arbitration in Brazil. It is a very international and sophisticated industry, and as such, a very frequent user of arbitration. Nowadays, it does not even make sense anymore to refer to arbitration as an alternative means of dispute resolution in certain areas. When it comes to international contracts, or to certain industries, such as oil and gas, arbitration has become the natural and sometimes almost the only means of dispute resolution. The possibility of having neutral and specialized arbitrators, neutral venues, and confidentiality, among other features of arbitration, make it very appealing for the players in industries like the oil and gas sector. The chapter then looks at some examples of the types of cases that have arisen within the industry of oil and gas. Many of these cases present cutting-edge legal issues that are shaping the evolution of Brazilian arbitration law and practice in general.


2016 ◽  
Vol 5 (3) ◽  
pp. 351
Author(s):  
Mul Irawan

Dari sudut pandang syariah, pasar modal adalah produk muamalah. Transaksi dalam pasar modal diperbolehkan sepanjang tidak terdapat transaksi yang bertentangan dengan ketentuan yang telah digariskan oleh syariah. Perkembangan pasar modal syariah di Indonesia yang sedemikian pesat, akan turut meningkatkan jumlah dan ragam potensi masalah hukum yang mungkin terjadi di pasar modal syariah. Setidaknya, diperlukan dua upaya hukum dalam penguatan kerangka hukum pasar modal syariah, yaitu pertama, upaya preventif yang dapat meminimalisir terjadinya masalah-masalah hukum, seperti perlunya pembentukan regulasi yang merujuk kepada syariah Islam agar tercipta kestabilan dan suasana kondusif bagi penegakan hukum di pasar modal syariah, Kedua, upaya penyelesaian sengketa pasar modal syariah dilakukan melalui dukungan terhadap pengadilan agama sebagai satu-satunya lembaga peradilan yang memiliki kewenangan absolut dalam menyelesaikan perkara perdata pasar modal syariah, perlunya peningkatan kompetensi hakim dan aparatur pengadilan agama serta perlunya pedoman, yurisprudensi dan referensi sebagai rujukan dalam penyelesaian sengketa pasar modal syariah di Indonesia. According to the sharia point of view, sharia capital market is muamalah product. Capital market transactions are allowed as long as it does conflict with the terms outlined by sharia. The rapid development of Indonesia sharia capital market results in the increasing number and variety of potential legal problems. It takes two legal efforts in strengthening the legal framework for sharia capital market. First, preventive measures to minimize the legal issues occurrence, such as the establishment of islamic law regulations in order to produce stability and good atmosphere of sharia capital market law enforcement. Second, efforts in sharia capital market mediation which is done through support the religious court as the only judicial institutions having the absolute authority in resolving sharia capital market civil cases. We need to increase the judges and religious courts officials competencies, make guidelines, jurisprudence and the references of sharia capital market dispute resolution in Indonesia.


2017 ◽  
Vol 6 (2) ◽  
pp. 297
Author(s):  
Edi Hudiata

The regulation of the Islamic capital market following the rules contained in Law 8/1995 on Capital Market, DSN MUI Fatwa No. 40 / IX / 2003, Bapepam-LK Number IX.A.13, No. IX.A.14, and No. II. K.1 From that rules, nothing has clearly set the Islamic capital market dispute resolution, both litigation and non-litigation resulting in a legal vacuum (leemten in het recht). Islamic economic dispute settlement provisions, including the dispute over the Islamic capital market, is only found in Law 3/2006. Through quantitative research methods, the study sought to harmonize the empty rules at the same time filling thus legal vacuum. The research concluded that the settlement litigation of disputes in Islamic capital markets settled in the Religious Court, while in non-litigation resolved through BASYARNAS (National Sharia Arbitration Board) and / or as other civil disputes can also be resolved through Alternative Dispute Resolution in accordance with Law 30/1999.Keywords: legal vacuum, the Islamic capital market.


2019 ◽  
Vol 6 (4) ◽  
pp. 344-354
Author(s):  
Naeem Suleman Dhiraj ◽  
Muhammad Najihuddin Nasucha ◽  
Oussama Mohamed Alansary ◽  
Abdullah Jamaluddin Alkhateeb

The objective of this paper is to explore dispute resolution mechanisms in the Islamic capital market. This paper examines out of court traditional dispute resolution mechanisms and innovative hybrid mechanisms for dispute resolution which could be more efficient and less time-consuming. This paper also looks at notable legal disputes relating to the Islamic capital market for the purpose of understanding the procedural challenges and inadequacies in the current legal system. Based on a literature review the authors of this paper note that the majority of Islamic capital market disputes could be resolved through alternative dispute resolution without going through a full trial in court. This paper mainly focuses on the context of Malaysia, with minor references to other countries.


2021 ◽  
Vol 13 (13) ◽  
pp. 341-356
Author(s):  
Fernando Gonzaga Jayme ◽  
Victor Barbosa Dutra

The objective of this paper is to show that Access to Justice is a broader concept than Access to the Judiciary. Apart from the movements for access to justice, it is the intention to prove that the Alternative Means of Dispute Resolution and the studies of Conflict Perspective are equally relevant, having in mind that they both defend a plurality of conflict processing institutions (state or not), based on the hypothesis that dejudicialization is an important way to strengthen institutions and promote economic and social development. Therefore, the deductive approach method was used in conjunction with the propositional-juridical method to demonstrate that the exhaustion of the state-owned model in solving conflicts shows that it is possible (and necessary) to develop the Proceduralism beyond the scope of the Judiciary, in order to institutionally expand forms of conflict resolution in civil society. From this, the concept of Proceduralism arises, interconnected with the due process and which is also suitable for the out-of-court ways of dispute resolution, in order to achieve adequate, effective and due process protection, so that pacification is carried out along the lines of constitutional guarantees, with constitutional procedurality also acting on the unjudicialized means of resolving conflicts.


Author(s):  
Andrii Lohvyn ◽  

Legal disputes are inseparable part of the life of society. The task of the state is to create conditions for resolving disputes and to defend the rights and interests of citizens that are protected by law. Legal relationships are undoubtedly the sphere of potential disputes. The search for alternative and effective procedures of resolving such disputes is an important issue. At the same time, the main legal issue of the tax sphere is mainly to define and effectively ensure the limits of freedom and necessity in the behavior of taxpayers through the relevant legal, legislative norms, protection of property rights of individual taxpayers and the interests of society. Alternative Dispute Resolution або ADR include mediation, which gained broad recognition all over the world, including the European Union, which is postulated at the legislative level. It is often used, which makes it possible to prevent the negative consequences for the dispute parties as early as at the initial stage and avoid the expensive and lengthy trial. It gained recognition in resolving a wide range of disputes and arguments, beginning with the disputes in local communities and finishing with complex multi-lateral disputes in the commercial and public spheres. In many countries it is legislatively stipulated. Today, the institution of the alternative dispute resolution in the modified form is partially present in the Ukrainian legislation and in practice, at the same time, it is difficult to call the sphere of the alternative methods of dispute resolution well-developed. In this case, the lawyers and scientists discuss a wide implementation of the alternative ways, including mediation, virtually in all branches of law. The article, taking into account the practice of using alternative dispute resolution in other countries (international experience), identifies the possibility of using them in Ukraine as a separate permanent institution of pre-trial dispute resolution in the field of tax relations (the result of application of which can be achievement of reconciliation and/or tax compromise), which is directed at the improvement of tax administration. The concept of the tax compromise was also formulated and scientifically substantiated conclusions in the stated area were made.


2021 ◽  
Author(s):  
◽  
Alice Chote

<p>Disputes concerning international watercourses have been resolved in a variety of ways in the past. This paper builds upon the dispute resolution framework put forward in the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses and state practice to develop a dispute resolution framework which will bring more efficient results for riparian states. This process emphasises the important role that fact finding can have in this context. Using this investigative process at an early stage in the dispute resolution process helps to reduce the areas of conflict between the states and provides a platform to encourage negotiations. The framework outlined also allows for recourse to negotiations, and the International Court of Justice (ICJ) or arbitration if a resolution cannot be found. Recourse to the ICJ and arbitral tribunals has been left to the final stage of the framework to reflect state practice in the area. If this style of dispute resolution framework is adopted by states it should allow for disputes to be resolved efficiently. In turn this is likely to increase the awareness and support for fact finding as an alternative means of dispute resolution in international relations more broadly.</p>


2021 ◽  
Author(s):  
◽  
Alice Chote

<p>Disputes concerning international watercourses have been resolved in a variety of ways in the past. This paper builds upon the dispute resolution framework put forward in the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses and state practice to develop a dispute resolution framework which will bring more efficient results for riparian states. This process emphasises the important role that fact finding can have in this context. Using this investigative process at an early stage in the dispute resolution process helps to reduce the areas of conflict between the states and provides a platform to encourage negotiations. The framework outlined also allows for recourse to negotiations, and the International Court of Justice (ICJ) or arbitration if a resolution cannot be found. Recourse to the ICJ and arbitral tribunals has been left to the final stage of the framework to reflect state practice in the area. If this style of dispute resolution framework is adopted by states it should allow for disputes to be resolved efficiently. In turn this is likely to increase the awareness and support for fact finding as an alternative means of dispute resolution in international relations more broadly.</p>


2021 ◽  
Author(s):  
Amanda Indah Pramesuri Suralaga ◽  
Revi Wulansari ◽  
Inna Windhatria

Capital Markets can also be interpreted as a professional institution that deals with securities buying and selling transactions, the capital market as a long-term investment tool that is currently becoming a trend in the community. But it cannot be denied that along with the development of the capital market in Indonesia it has caused problems or also disputes in the process of capital market activities in Indonesia. The problem in this research is how do the procedures and dispute resolution processes in business activities in the financial services sector after the procedures and processes in the settlement of Capital Market disputes, we must also know the legal consequences of the disputes in the financial services business of the Capital Market? The research method used a normative and empirical juridical approach, the data used are secondary data and primary data. Studies conducted with literature studies and field studies, data analysis used is qualitative juridical. The results show that the procedure and capital market dispute resolution process can be carried out either litigation or non-litigation, but the joint parties usually choose a non-litigation path in the procedure, if through non-litigation the parties must go through internal mediation first if the internal mediation fails involving the Financial Services Authority (OJK) as a facilitator in the process of resolving the problems after the process at the financial services authority did not get an agreement, the settlement could be continued through the Sengekta Alternative Settlement Agency (LAPS) and the Capital Market Arbitration Agency (BAPMI).


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