Procedural Rules, Country-by-Country Reporting, Dispute Resolution, Multilateralism and Developing Countries: Actions 10–15

2015 ◽  
Keyword(s):  
Developing Countries ◽  
Dispute Resolution

International Commercial Arbitration

2020 ◽  
pp. 768-791
Author(s):  
Yves Dezalay ◽  
Bryant G. Garth
Keyword(s):  
Developing Countries ◽  
Dispute Resolution ◽  
Multinational Enterprises ◽  
Global Trade ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Chamber Of Commerce ◽  
Institutional Entrepreneurs ◽  
Marginal Group ◽  
International Chamber Of Commerce

This chapter traces the development of international commercial arbitration, which is often presented as a response to the demand for law and dispute resolution created naturally by an increase in transnational commerce and investment. Indeed, the International Chamber of Commerce (ICC) in Paris was relatively marginal from its establishment in 1923 until the increase in global trade and commerce that came in the 1970s and 1980s. The demand naturally created the supply. Based on the recognition that this market was not inevitable, it has been argued that the rise of international commercial arbitration depended on institutional entrepreneurs around the ICC. The chapter then looks at how the relatively marginal group around the ICC that Sgard studies gained credibility and acceptance from both multinational enterprises and developing countries.

scholarly journals OECD National Contact Points as the effective means for human rights protection from the activities of transnational corporations

2020 ◽  
pp. 42-59
Author(s):  
Alexey Sinyavskiy
Keyword(s):  
Developing Countries ◽  
Human Rights ◽  
Dispute Resolution ◽  
Multinational Enterprises ◽  
Transnational Corporations ◽  
Developed Countries ◽  
Entrepreneurial Activity ◽  
Contact Points ◽  
Legal Remedy ◽  
Corporate Liability

This article is dedicated to the analysis of extrajudicial mechanisms of consideration of complaints – OECD National Contact Points. The object of this research is the activity of OECD National Contact Points, while the subject of is the dispute resolution procedure therein. The goal of this research consist in carrying out efficiency assessment of OECD National Contact Points as legal remedy for the persons suffered from the activity of transnational corporations. The work consists of the three parts. The first part provides brief description of the activity of transnational corporations and the concept of corporate liability for violation of human rights. The second part is dedicated to the analysis of dispute resolution procedure within the National Contact Points. The third part analyzes the effectiveness of National Contact Points as legal remedy. The author comes to the following conclusions and recommendations: due to the differences in the structure, financing, and human resources, National Contact Points of certain countries appear to be more effective than of the others. The effectiveness largely depends on the level of economic development of the OECD member-state, financing, and competences of mediators. Therefore, the National Contact Points of the developed countries represent the effective legal remedy, while in the developing countries, the parties suffered from entrepreneurial activity face barriers that impede exercising their right to effective legal remedy. The set of organizational and legal measures cans serve as the solution to the existing problems. Namely, the conclusion of bilateral agreements between the developed and developing countries on rendering legal aid and exchange of mediators is essential. The author also recommends establishing corporate liability on the domestic levee in form of fines and other sanctions for refusal of transnational corporation to comply with the decision of the National Contact Points. The provision with recommendation on consolidation of such liability should be introduced into OECD Guidelines for Multinational Enterprises.

scholarly journals Resolving Office Establishment Dispute in Nigeria through Alternative Dispute Resolution Mechanism: An Evolving Regime

2021 ◽  
Vol 5 (1) ◽  
pp. 115
Author(s):  
Bosede Remilekun Adeuti
Keyword(s):  
Developing Countries ◽  
Dispute Resolution ◽  
Research Methodology ◽  
Alternative Dispute Resolution ◽  
Developed Countries ◽  
Qualitative Approach ◽  
Research Findings ◽  
Intractable Problem ◽  
Dispute Resolution Mechanism

This paper examines contemporary issues in Office Establishment Dispute Resolution Mechanism in Nigeria. It explores strategic ways of resolving such office establishment dispute which has remained an intractable problem in Nigeria. The objective is to examine litigation challenges in settlement of this office dispute in Nigeria and other developing countries. This paper argues that adopting Alternative Dispute Resolution Mechanism in Office Establishment Dispute is not only a programmatic goal to be attained in the long term but rather an immediate obligation that is preferable to litigation in the court of law. The doctrinal research methodology will be used to examine the challenges in resolving office establishment dispute through alternative dispute resolution Mechanisms. This paper adopts an analytical and qualitative approach and builds its argument on existing literature works, which are achieved by synthesising ideas. Recommendations and suggestions are made based on research findings.  This paper concludes that the era of jettisoning or sacrificing Alternative Dispute Resolution on the altar of inapplicability in resolving office establishment dispute is gone and the need to move with time with the practise which has been in existence in developed countries for decades.

Latin American Opposition to Mandatory Arbitration in Tax Treaties

2021 ◽  
Vol 22 (3) ◽  
Author(s):  
Yariv Brauner
Keyword(s):  
Developing Countries ◽  
Dispute Resolution ◽  
Latin American ◽  
International Arbitration ◽  
Tax Treaties ◽  
International Tax ◽  
Dispute Resolution Mechanism ◽  
Latin American Countries

The international tax regime has recently made large strides toward a reform of its dispute resolution mechanism. Long-anticipated, mandatory tax treaty arbitration is finally gaining legitimacy beyond limited use by a few countries. Yet, the opposition to international arbitration among developing countries, led by Latin American countries, has not waned. This Article tracks this opposition to its origins and argues that it is misguided in the case of tax treaty arbitration, which such countries should rather generally support.

Afterword: Building Negotiation Skills

2017 ◽  
Author(s):  
Bruno Verdini Trejo
Keyword(s):  
Decision Making ◽  
Developing Countries ◽  
Resource Management ◽  
Dispute Resolution ◽  
Natural Resource Management ◽  
Political Communication ◽  
Natural Resource ◽  
Adaptive Leadership ◽  
Collaborative Decision Making ◽  
Collaborative Decision

After laying out steps to assist and enhance transboundary natural resource management negotiations, the focus here will be to envision, in broad terms, how these steps might be effectively explored, refined, practiced, and disseminated collaboratively between interdependent developed and developing countries. The aim is to give an example of how to bring together various disciplines in order to build capacity at the intersection of public dispute resolution, adaptive leadership, collaborative decision-making, and political communication....

scholarly journals INVESTMENT ARBITRATION BAGI NEGARA BERKEMBANG DAN TERBELAKANG

2013 ◽  
Vol 2 (2) ◽  
Author(s):  
Sefriani
Keyword(s):  
Developing Countries ◽  
Qualitative Analysis ◽  
Dispute Resolution ◽  
Bargaining Power ◽  
Developed Countries ◽  
Bilateral Investment Treaty ◽  
Investment Treaty ◽  
Investment Arbitration ◽  
Economic Politics ◽  
Main Factor

<p align="center"><strong>Abstract</strong></p><p><em>The main problem statements in this research is what factors cause almost no developing countries and last developing countries win before the investment arbitration. This thesis employs normative method of research with qualitative analysis. The result of this thesis show that BIT is the main factor caused it. The BIT contain vagueness term, arbitrator of investment arbitration do open ended interpretation toward the term, and  cause damage to developing countries and last developing countries. The solution for this phenomena is that developing countries as capital importer should be aware, careful and has equal bargaining power in the process of adoption of BIT with developed countries as capital exporter. Equal bargaining power can be achieved if developing countries has independency, have no dependency in any matters such as economic politics,, security and defence, etc</em></p><p><strong><em>Keywords: </em></strong><em>investment arbitration, Bilateral investment treaty, dispute resolution</em></p><p align="center"><strong>Abstrak</strong></p><p>Masalah utama yang diteliti dalam penelitian ini   adalah faktor-faktor penyebab kekalahan negara berkembang dan terbelakang di depan forum investment arbitration. Penelitian ini merupakan penelitian hukum normatif, jenis data yang digunakan adalah data sekunder yang terdiri atas bahan hukum primer, sekunder dan tersier. Pendekatan penelitian yang digunakan adalah pendekatan perundang-undangan, histori, dan konsep. Teknik analisis yang dilakukan adalah analisis kualitatif. Hasil penelitian disajikan secara deskriptif analitis. Hasil penelitian menunjukkan bahwa BIT menjadi factor utama penyebab semuanya itu. BIT berisikan ketentuan-ketentuan yang sangat berpihak pada kepentingan negara eksportir modal. Banyak ketentuan yang multitafsir dan kemudian diinterpretasikan secara sangat luas oleh arbitrator di forum investment arbitration untuk kepentingan negara maju, negara eksportir modal. Solusi untuk mengatasi hak tersebut adalah bahwa negara berkembang harus sadar, cermat dan memiliki posisi tawar yang seimbang dengan negara maju dalam penyusunan BIT. Semua ini dapat diraih apabila negara berkembang memiliki independensi, tidak memiliki ketergantungan pada segala bidang seperti, ekonomi, politik juga pertahanan keamanan pada negara eksportir modal.</p><p><strong>Kata Kunci: </strong>Arbitrase investasi, perjanjian bilateral investasi, penyelesaian sengketa</p>

scholarly journals A Note on Resolution of Tax Disputes Arising from DTTs and Implications for Developing Countries

2019 ◽  
Vol 13 (3) ◽  
pp. 495-514
Author(s):  
Aschalew Ashagre Byness
Keyword(s):  
Developing Countries ◽  
Dispute Resolution ◽  
Vantage Point ◽  
International Taxation ◽  
Double Taxation ◽  
Cross Border ◽  
Compulsory Arbitration ◽  
Dispute Resolution Mechanism ◽  
Key Terms ◽  
Mutual Agreement

Countries sign bilateral double tax treaties (DTTs) to avoid or mitigate double taxation in cross border economic activity. It is hardly possible to ignore the effect of double taxation in the era of globalization. DTTs are signed between two countries to allocate tax jurisdiction between them and to avoid tax disputes between the taxpayer and the country concerned. Nonetheless, tax disputes crop up since such treaties may be open to interpretation at the time of implementation. Hence, DTTs contain tax dispute resolution mechanism. The widely recognized dispute resolution mechanisms are the mutual agreement procedure (MAP) –a kind of negotiation between the two contracting states– and compulsory arbitration. However, the aptness and efficacy of these tax dispute resolution mechanisms have been seriously questioned particularly from the vantage point of developing countries such as Ethiopia. Although Ethiopia has signed several DTTs with a view to attracting FDI, no study has been made which sheds some light on the essence and operation of the MAP in the DTTs. This note aims at exploring the tax dispute resolution mechanisms incorporated in DTTs since such mechanisms have implication for developing countries including Ethiopia. Key terms Globalization, International taxation, Double taxation, Mutual agreement procedure, Compulsory arbitration

scholarly journals Dispute Review Board: Concept and introduction to develeoping countries

2009 ◽  
pp. 6-10
Author(s):  
Ming-Lee Chong ◽  
Heap-Yih Chong
Keyword(s):  
Developing Countries ◽  
Content Analysis ◽  
Data Analysis ◽  
Dispute Resolution ◽  
Construction Industry ◽  
Alternative Dispute Resolution ◽  
Effective Alternative ◽  
Analysis Approach ◽  
Resolution Method ◽  
The World

Dispute review board (DRB) is an effective alternative dispute resolution method in U.S. construction industry since 1952. Subsequently, this method has implemented in many high profiled projects around the world. However, the concept and procedures of DRB are relatively new in developing countries, namely Malaysia. The paper aims to investigate on the viability of DRB implementation in Malaysian construction industry. Three reputed experts were interviewed, who targeted initially as to their expertise and significant involvements or experiences in dispute resolution. The data analysis was carried out using content analysis approach. The consensus results has confirmed the concepts of DRB and also identified the practicality and barriers of DRB implementation. These qualitative findings have forecasted the trend of DRB practice and created an important insight in dispute resolution for developing countries. It is concluded that an optimistic viable outcome toward DRB has achieved.

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