scholarly journals Qualitative Analysis of Consumer Redressal Practices in Indian Regulated Sectors

2020 ◽  
Vol 9 (4) ◽  
pp. 361-370
Keyword(s):  
Decision Making ◽  
Qualitative Analysis ◽  
Dispute Resolution ◽  
Consumer Complaint ◽  
Regulatory Data ◽  
Dispute Resolution Mechanism ◽  
Telecom Sector ◽  
Resolution Structure

This paper aims to study and analyseconsumer complaint resolution mechanisms and ombudsman frameworks in three Indian regulated sectors and tries to compare it with that of telecom sector. Here an analysis of regulatory data is carried out. The paper is both theoretical and analytical in nature.This research sheds light on complaint resolution frameworks in Indian regulated sectors such as “Banking, Insurance, Electricity and telecom. Role of Ombudsman and alternates dispute resolution mechanism in the sector is also studied. It is necessary for Ombudsman to perform its duties and responsibilities for overall growth of the sector.Visible, sharp complaint resolution structure and noticeable, orderly decision making entity are truly necessary component of complaint solving mechanism. This Paper also analyses statistics, facts of complaint resolution rates etc. Consumer complaint solving framework is a regulatory vehicle for discarding of grievances. This research is indicator of eight principles of effective consumer resolution mechanism.

scholarly journals LEGAL ASPECT OF ONLINE ARBITRATION IN EUROPEAN UNION AND CHINA

Law Review ◽  
2019 ◽  
Vol 19 (2) ◽  
pp. 222
Author(s):  
Manja Indah Sari
Keyword(s):  
European Union ◽  
East Asia ◽  
Dispute Resolution ◽  
Legal Aspect ◽  
South East Asia ◽  
Role Of Government ◽  
Factors Affecting ◽  
Dispute Resolution Mechanism ◽  
Online Arbitration

<p>Indonesia is highly regarded as a country with the biggest e-commerce market in South-East Asia. This creates an urgency for the Indonesian government to offer an efficient and effective dispute resolution mechanism to settle dispute arising from e-commerce transaction. Online arbitration as an arbitration conducted online through means of internet and technology may provide solution to the disputes arising from e-commerce transactions. Thus, this article sets out the legal aspect of online arbitration in European Union and China as countries with the most developed online arbitration and largest market of e-commerce. The author will use normative research through comparative, statue approach and will be based on the regulations from primary and secondary resources.</p><p>            This article compares six aspects of online arbitration in European Union and China, covering the arbiter, role of government, scope, procedure, enforcement, and factors affecting enforcement. The comparison may give further recommendation on the prospective of online arbitration in Indonesia.</p>

scholarly journals AN ANALYSIS OF ASPECTS OF THE PROPOSED REFORM OF THE FINANCIAL CONSUMER COMPLAINT RESOLUTION MECHANISMS IN THE SOUTH AFRICAN BANKING SECTOR

Obiter ◽  
2021 ◽  
Vol 42 (2) ◽  
Author(s):  
Michel M Koekemoer
Keyword(s):  
Dispute Resolution ◽  
South African ◽  
Financial Institutions ◽  
Banking Sector ◽  
Financial Sector ◽  
Regulatory Framework ◽  
Consumer Complaint ◽  
Market Conduct ◽  
Fair Treatment ◽  
Resolution Structure

One objective of the revised South African market conduct regulatory framework for the financial sector is to introduce an effective dispute resolution framework. The Financial Sector Regulation Act, and the Act to follow the Draft Conduct of Financial Institutions Bill, potentially address some of the deficiencies associated with the old dispute resolution framework. This article makes a distinction between the old and new regulatory provisions concerning internal dispute resolution and external dispute resolution structures in the banking sector. This research highlights the changes involved in the new regulatory framework and identifies which aspects of the amended regulatory framework aim to address a particular issue associated with the old dispute resolution framework. It is not argued whether this legislation will achieve the fair treatment and protection of financial customers in the banking sector, as only time will tell. However, it is acknowledged that the new structure will improve consistency and efficacy in this dispute resolution structure.

The 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects: The Role of International Arbitration

1996 ◽  
Vol 5 (1) ◽  
pp. 19-72 ◽  
Author(s):  
Emily Sidorsky
Keyword(s):  
Dispute Resolution ◽  
Cultural Property ◽  
International Arbitration ◽  
Cultural Objects ◽  
Depth Analysis ◽  
Dispute Resolution Mechanism

SummaryGreat efforts have been made by representatives of a multitude of countries to rectify the situation currently confronting parties, whether they be private individuals or states, that seek the return of stolen or illegally exported cultural objects. The organization UNIDROIT has been at the forefront of that effort. In June of 1995, representatives of over seventy states met in Rome and adopted the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects. The UNIDROIT Convention will enter into force as it is ratified by individual states.The UNIDROIT Convention provides a claimant of a Contracting State with the option of using arbitration to settle its dispute. Until now, there has been little discussion of the advantages that international arbitration can bring to this domain. This article focuses on the benefits of international arbitration in facilitating the resolution of cultural property disputes. It presents an in-depth analysis of the text of the UNIDROIT Convention in the context of existing regulations in this area. It then examines three different approaches to international arbitration. These models serve to highlight the particular characteristics of this dispute resolution mechanism that make it ideally suited to cultural property disputes.

scholarly journals Alternative Dispute Resolution and Collective Conciliation in Nigeria: A Review of Contemporary Literature

2017 ◽  
Vol 12 (8) ◽  
pp. 261
Author(s):  
Ige Adejoke Yemisi
Keyword(s):  
Dispute Resolution ◽  
Trade Union ◽  
Trade Unions ◽  
Alternative Dispute Resolution ◽  
Contemporary Literature ◽  
Employment Relations ◽  
Roles And Responsibilities ◽  
Contextual Understanding ◽  
Dispute Resolution Mechanism

The aim of this paper is to present detailed contextual understanding of employment relations, alternative dispute resolution (ADR) and collective conciliation in Nigeria. This contextual understanding is important in order to comprehend the specific evolution of ADR and collective conciliation in Nigeria, the particular configuration of employment relations institutions and the role of different stakeholders such as trade unions and employers’ associations. The outcomes of this study, affirms the significance of the roles and responsibilities of the actors (employer, trade union, state and conciliator) and highlights the procedures inherent in the dispute resolution mechanism hence, revealing how the weakness of state machinery tends to frustrate the process of conciliation in practice. Additionally, this study offers a reflection of what previous studies have presented, concerning the perceptions of users about the outcomes of collective conciliation within the Nigerian context.

scholarly journals Optimizing The Role of The Consumer Dispute Resolution Agency (BPSK) Through The Reformulation of Government Regulation No. 80 Of 2019 Concerning Trade Through Electronic Systems in The Order of Making Legal Sure

2020 ◽  
Vol 19 (3) ◽  
pp. 810
Author(s):  
Sahat Maruli Tua Situmeang
Keyword(s):  
Dispute Resolution ◽  
Government Regulation ◽  
Low Cost ◽  
Electronic Systems ◽  
Alternative Mechanism ◽  
Legal Certainty ◽  
Legal Norms ◽  
Legal Principles ◽  
Dispute Resolution Mechanism

The e-commerce transaction dispute resolution mechanism in PP PSME is considered inefficient and does not provide legal certainty for consumers and for business actors considering the existence of several similar regulations that have existed before. This study aims to determine that the implementation of PP. 80 of 2019 has added an alternative mechanism for e-commerce transaction dispute resolution which is actually considered convoluted, inefficient and does not provide legal certainty. Through the normative juridical research method, which is the aPProach to the problem by seeing, analyzing and interpreting theoretical matters concerning legal principles in the form of conceptions, statutory regulations, views, legal doctrines and related legal systems. In this study, the authors have the opinion that in an effort to realize legal certainty, legal simplification, legal unity and the realization of a fast, simple and low cost dispute resolution, it is necessary to make efforts to establish legal norms through reformulation of PP. 80 of 2019 concerning Trade Through Electronic Systems. Keywords: Electronic commerce; Legal certainty; Legal formation through legal reformulation.

Part III Practice and Procedure, 12 Advantages of Arbitration for International Mining Disputes

2017 ◽  
Author(s):  
Burnett Henry G ◽  
Bret Louis-Alexis
Keyword(s):  
Dispute Resolution ◽  
International Institutions ◽  
Decision Makers ◽  
International Arbitration ◽  
National Courts ◽  
Arbitration Process ◽  
International Dispute ◽  
Dispute Resolution Mechanism ◽  
International Chamber Of Commerce

This chapter discusses arbitration for international mining disputes. Such disputes often involve parties from different countries often with different legal systems and cultures. Arbitration in a neutral forum, with independent and impartial decision-makers, as opposed to litigation in the national courts of one party or the other, is, in most cases, the preferred international dispute resolution mechanism. Some of the more well-known international institutions include the International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), International Centre for Dispute Resolution (ICDR), and the International Centre for Settlement of Investment Disputes (ICSID). The remainder of the chapter provides a general overview of the role of national courts in connection with the international arbitration process and some of the primary issues that involve consideration by national courts.

Emotion, Authority, and Death: (Raced) Negotiations in Mock Capital Jury Deliberations

2015 ◽  
Vol 40 (02) ◽  
pp. 377-405 ◽  
Author(s):  
Mona Lynch ◽  
Craig Haney
Keyword(s):  
Decision Making ◽  
Qualitative Analysis ◽  
White Male ◽  
Jury Deliberations ◽  
Capital Jury ◽  
Death Sentencing ◽  
Legal Judgments ◽  
Penalty Phase ◽  
Shed Light

This article explores the role of emotion in the capital penalty‐phase jury deliberations process. It is based on the qualitative analysis of data from ninety video‐recorded four to seven person simulated jury deliberations that examined the influence of race on death sentencing outcomes. The analysis explores when and how emotions are expressed, integrated into the jury's sentencing process, and deployed in penalty‐phase decision making. The findings offer critical new insights into the role that emotion plays in influencing these legal judgments by revealing how jurors strategically and explicitly employ emotion in the course of deliberation, both to support their own positions and neutralize or rebut the opposing positions of others. The findings also shed light on the various ways that white male capital jurors utilize a panoply of powerful emotion‐based tactics to sway others to their position in a manner that often contributes to racially biased outcomes.

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