scholarly journals Foreign experience in the implementation of mediation as an alternative method of conflict resolution (the German example)

2021 ◽  
Vol 1 (2) ◽  
pp. 5-11
Author(s):  
Anzhelika Baran ◽  
2018 ◽  
Vol 4 (5-6) ◽  
pp. 306-327
Author(s):  
Savio R Sordi ◽  
Tatiana De Almeida F R Cardoso Squeff

The present article analyzes the introduction of arbitration as an alternative method of conflict resolution within the Brazilian legal context. In this sense, after a preliminary remark on the origins and concept of arbitration, this text focuses on the construction of the institute of arbitration within Brazilian legal framework. Thus, the aspects regarding the enactment of Law No. 9.307/96 are examined, especially concerning the requisites for the establishment of an effective arbitral convention. Finally, the structure of the law in regard to pre-arbitration facts, such as parties’ autonomy and the choice of applicable laws, and the arbitration per se as to the execution of the clause and the aspects concerning the delivery of the award are studied. As a result, the importance of the introduction of such Law it is noticed, as it deeply changed Brazil’s legal framework regarding the arbitral convention, making a more palpable and viable method of solving disputes nowadays. 


2017 ◽  
Vol 4 (5-6) ◽  
pp. 306-327
Author(s):  
Savio R Sordi ◽  
Tatiana De Almeida F R Cardoso Squeff

The present article analyzes the introduction of arbitration as an alternative method of conflict resolution within the Brazilian legal context. In this sense, after a preliminary remark on the origins and concept of arbitration, this text focuses on the construction of the institute of arbitration within Brazilian legal framework. Thus, the aspects regarding the enactment of Law No. 9.307/96 are examined, especially concerning the requisites for the establishment of an effective arbitral convention. Finally, the structure of the law in regard to pre-arbitration facts, such as parties’ autonomy and the choice of applicable laws, and the arbitration per se as to the execution of the clause and the aspects concerning the delivery of the award are studied. As a result, the importance of the introduction of such Law it is noticed, as it deeply changed Brazil’s legal framework regarding the arbitral convention, making a more palpable and viable method of solving disputes nowadays. 


Author(s):  
Сафиуллин ◽  
R. Safiullin ◽  
Холявка ◽  
D. Kholyavka

In the article outlines issues about imperfects of the system «Platon», about cost of compensation payment for damage caused by vehicle to the public federal roads. Also there is an alternative method allowing of using foreign experience and various factors of the impact on automobile roads.


2018 ◽  
Vol 4 (5-6) ◽  
pp. 306-327
Author(s):  
Savio R Sordi ◽  
Tatiana De Almeida F R Cardoso Squeff

The present article analyzes the introduction of arbitration as an alternative method of conflict resolution within the Brazilian legal context. In this sense, after a preliminary remark on the origins and concept of arbitration, this text focuses on the construction of the institute of arbitration within Brazilian legal framework. Thus, the aspects regarding the enactment of Law No. 9.307/96 are examined, especially concerning the requisites for the establishment of an effective arbitral convention. Finally, the structure of the law in regard to pre-arbitration facts, such as parties’ autonomy and the choice of applicable laws, and the arbitration per se as to the execution of the clause and the aspects concerning the delivery of the award are studied. As a result, the importance of the introduction of such Law it is noticed, as it deeply changed Brazil’s legal framework regarding the arbitral convention, making a more palpable and viable method of solving disputes nowadays. 


2020 ◽  
Vol 22 (3) ◽  
pp. 235-239
Author(s):  
Antoni Benedikt ◽  
Robert Susło ◽  
Mateusz Paplicki ◽  
Jarosław Drobnik

2018 ◽  
Vol 4 (5-6) ◽  
pp. 306-327
Author(s):  
Savio R Sordi ◽  
Tatiana De Almeida F R Cardoso Squeff

The present article analyzes the introduction of arbitration as an alternative method of conflict resolution within the Brazilian legal context. In this sense, after a preliminary remark on the origins and concept of arbitration, this text focuses on the construction of the institute of arbitration within Brazilian legal framework. Thus, the aspects regarding the enactment of Law No. 9.307/96 are examined, especially concerning the requisites for the establishment of an effective arbitral convention. Finally, the structure of the law in regard to pre-arbitration facts, such as parties’ autonomy and the choice of applicable laws, and the arbitration per se as to the execution of the clause and the aspects concerning the delivery of the award are studied. As a result, the importance of the introduction of such Law it is noticed, as it deeply changed Brazil’s legal framework regarding the arbitral convention, making a more palpable and viable method of solving disputes nowadays. 


2021 ◽  
Vol 14 (1) ◽  
pp. 198-212
Author(s):  
A. A. Barzov ◽  
A. V. Vlasov ◽  
M. V. Vetlinskaya

Mediation as an alternative method of conflict resolution has increasingly become the subject of numerous studies. Due to its interdisciplinary nature, mediation can be viewed from the perspective of different sciences. This article analyzes the economic component of the mediator’s role as a key figure in the negotiation process and offers a phenomenological model of economic risks in dispute resolution with his participation.


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