scholarly journals Alternative Dispute Resolution in Ethiopia- A Legal Framework

2008 ◽  
Vol 2 (2) ◽  
Author(s):  
S M Gowak
Author(s):  
Atharyanshah Puneri

The rapid growth of Islamic banking and finance industry demanded an improvement in term of standards, frameworks, policy, technologies, resources, and guidelines in order to go beyond without compromising the core values of Islam itself. In the context of legal framework of Islamic banking and finance, it is most likely this industry needs to be highly regulated in order to avoid manipulation and abuse by the irresponsible parties. One of the crucial issue in the area of Islamic Banks in Indonesia is regarding about the dispute resolution mechanism for Islamic Banks. Based on Indonesian positive law, there are two alternative dispute resolution mechanisms that can be exercised by parties to settle disputes in cases involving Islamic Financial Institutions (IFIs) namely through litigation or non-litigation. Litigation comes under the jurisdiction of the Religious Court. Researcher in this study are look deeper into the dispute resolution mechanism for Islamic Banks in Indonesia, as well as going through some decided cases. And based on the study done, it was found that alternative dispute resolution mechanism is more effective to resolve Islamic Banks dispute rather than litigation. In the future, researchers may conduct more research to examine deeper about the dispute resolution mechanism for the whole Islamic Economics and Finance in Indonesia. Moreover, researchers need to look at the regulators' and legislators’ perception towards dispute resolution and legal environment.


2016 ◽  
Vol 24 (1) ◽  
Author(s):  
Sodiq O. Omoola ◽  
Umar A Oseni

The need for convergence of best practices in Alternative Dispute Resolution (ADR) and Information and Communication Technology (ICT) cannot be overemphasised in an increasingly digitalised world. This undoubtedly led to the introduction of Online Dispute Resolution (ODR) few decades ago which is considered a fast, seamless, and convenient means of dispute resolution. With the increasing prominence of e-commerce transactions, several countries and regions of the world are on the quest to provide an effective legal framework for ODR in e-commerce dealings. This article analyses the approaches to ODR legislations for consumer protection in selected jurisdictions. The article finds that a comparative legal approach with some leverage on legal borrowing can help to create the required legal environment for ODR in other jurisdictions.  


Legal Studies ◽  
2015 ◽  
Vol 35 (1) ◽  
pp. 114-141 ◽  
Author(s):  
Pablo Cortés

This paper examines the new legal framework on consumer Alternative Dispute Resolution (ADR) in the EU. Its primary contribution lies in identifying that harmonising the complaint submission in a pan-European Online Dispute Resolution (ODR) platform, and directing parties to nationally approved ADR entities that comply with minimum standards, will not fulfil the potential of an extra-judicial consumer redress system. This paper proposes key functions that the ODR platform should incorporate if it is to provide effective redress. This paper also argues that a successful ODR platform should include built-in incentives that encourage parties to: (i) participate in approved ADR processes; (ii) settle complaints with little or no intervention from neutral third parties; and (iii) ensure voluntary compliance with final outcomes.


2021 ◽  
Author(s):  
Stanislava Kasikova ◽  

This article aims to present the legal framework governing the establishment of consumer dispute resolution bodies in Bulgaria and other EU member states, as well as to analyze what should be the place of mediation as a way of alternative dispute resolution. (ADR) in resolving conflicts between traders and consumers.


2016 ◽  
Vol 12 (25) ◽  
pp. 331
Author(s):  
Christopher Watadza ◽  
Mildred Mahapa ◽  
Chakanaka Ernest Muchadenyika

The study sought to establish the effectiveness of Conciliation and Arbitration as dispute resolution mechanism with the case of Ferro –Alloy Industry in Zimbabwe. A case study of 2 major players in the industry were examined in a descriptive research design. Backing the research is the concept of legal pluralism which then defined conciliation and arbitration as alternative dispute resolution systems. Management and Trade Union representatives, general employees and Labour Officers participated through interviews. The research uncovered that the current legal framework was not providing a conducive and enabling regulatory environment to ensure an effective dispute resolution mechanism. The gaps in terms of time limits, the absence of explicit guidelines on conciliation, lack of finality to arbitral awards were identified as major drawbacks of the current legal structure. The State department, the Ministry of Labour, is the vehicle for an effective dispute resolution mechanism. The research identified that the department was inadequately resourced to enable speedy and prompt resolution of disputes. Due to the centrality and inevitability of disputes at workplace, the research recommended that government should amend the current legal framework to align it to International Labour Organisations provisions on conciliation and arbitration to ensure an effective resolution to disputes.


2012 ◽  
Vol 56 (1) ◽  
pp. 87-108
Author(s):  
Uchenna Jerome Orji

AbstractThis article gives a general overview of an alternative dispute resolution (ADR) mechanism known as “conciliation” and the legal framework relating to its practice in Nigeria. Using the UNCITRAL Model Law on International Commercial Conciliation as a normative framework, the article critically analyses the proposed reforms to the existing legal framework for conciliation in Nigeria which are contained in the Nigerian Federal Arbitration and Conciliation Draft Bill and exposes some of its deficiencies. It also investigates the effect of the statutes of limitation on conciliation proceedings. The article also suggests that the institutionalization of conciliation will enhance its viability as an ADR mechanism in Nigeria.


2019 ◽  
Vol 1 (1) ◽  
pp. 235-248
Author(s):  
Camila Cardoso ◽  
Frederico Cardoso

Brazil is the largest economy in Latin America, with a population of more than 209.300.000 people and a territory of 8.515.767,049 km2, which makes the country an important player in the international trade scenario. Being Brazil a major exporter of commodities, a strong importer of goods and with a vast coastline of 8,500 km of navigable waters, the Brazilian shipping industry plays an important role in the country’s developing economy. In fact, the ports are the country’s main gate, through which approximately 95% of the foreign trade is made. In the past decades, the offshore sector of Brazil’s maritime industry played an important role considering the discoveries of oil and gas in the pre-salt layer, contributing to a significant development on the country’s shipping industry. Following that, an economic crisis hit the oil sector, with impacts worldwide. In view of the above, the arising disputes involving maritime matters have increased, and the demand for experts in this field is growing in Brazil’s current scenario. However, if in one hand Brazil faces an increase of disputes involving maritime law, on the other hand the Brazilian judicial system remains extremely bureaucratic and time-consuming, as well as, in some occasions, not properly prepared to deal with the complex maritime matters under discussion. In addition, judicial disputes in Brazil are subject to high interest and indexation rates, which can add up to 18% per year on top of the amount under dispute, plus lawyer’s fees and eventual loss of suit expenses, which can reach 20% of the condemnation amount. In this scenario, alternative dispute resolution methods arise as an important alternative to encompass these demands, offering an efficient solution, rendered in a proper time, by experts and specialists of the maritime field.


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