scholarly journals Role of Lokadalaths in Indian Judiciary as a Dispute Resolution Mechanism In Order To Achieve Social Justice-A Study

2014 ◽  
Vol 19 (9) ◽  
pp. 20-31
Author(s):  
T. S. Shyam Prasad ◽  
Keyword(s):  
Social Justice ◽  
Dispute Resolution ◽  
Dispute 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 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.

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.

scholarly journals Mini-Trials in Alberta

1995 ◽  
Vol 34 (1) ◽  
pp. 194
Author(s):  
W. K. Moore
Keyword(s):  
Dispute Resolution ◽  
Actual Process ◽  
Great Strength ◽  
Formal Procedure ◽  
History Of ◽  
Regular Trial ◽  
Dispute Resolution Mechanism ◽  
The U.S

The Alberta Court of Queen's Bench has been offering the mini-trial, a specialized dispute resolution process, to litigants and the bar for the last four years. The impetus for this move was the length and time often involved in litigation. The attraction of the mini-trial is that it is a method of expediting dispute resolution and that the costs associated with it are considerably less than those for a regular trial. The author outlines the history of the mini-trial, explaining how it developed in the U.S. as a private dispute resolution mechanism. The Alberta mini-trial is essentially an expanded pre-trial procedure, and is offered by the Court at no cost to participants. There is no rigid, formal procedure to the Alberta mini-trial, and its great strength is in fact flexibility and informality. The only requirement the Court has is that the actual parties must be present for the arguments and at the end of the mini-trial, when the judge gives his or her opinion. The author outlines the key elements of the mini-trial, as they have evolved to date, including the role of the judge and the nature of the actual process. The mini-trial has been enormously successful at encouraging settlements, which have followed or resulted from the mini-trial in over 90 percent of cases. Additionally, both counsel and clients appear to be quite pleased with the process. Despite this success, however, it should be noted that the mini-trial may not be appropriate in all cases. The author describes the types of cases to which the mini-trial both is and is not well-suited. He offers a case study, of a mini-trial over which he presided. This mini-trial was successful and led to a settlement. In closing, the author provides information to interested counsel and parties as to how and when they can access the mini-trial. The article closes with a recommendation that mini-trials always be considered as an option in lawsuits.

scholarly journals Mediation in Administrative Disputes

Law and World ◽  
2021 ◽  
Vol 7 (3) ◽  
pp. 141-151
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Council Of Europe ◽  
Legal Proceedings ◽  
Dispute Resolution Mechanism ◽  
Settlement Of Disputes

The role of mediation as mechanism for the amicable settlement of disputes is growing in the modern legal sector. Mediation is an alternative dispute resolution mechanism in modern law, and the Committee of Ministers of the Council of Europe recommended to use it in administrative disputes in 2001*. Mediation as the alternative dispute resolution mechanism is actively applied in civil disputes in Georgian legal sector, although it has not gained popularity in administrative disputes. Overwhelmed courts with administrative disputes and delayed justice once again underscores the need for reform, which may consider development of a new program to establish new mechanisms in administrative disputes and popularize application of new mechanisms. The use of mediation as an alternative dispute resolution mechanism in administrative-legal proceedings may have prospects, given its growing popularity in civil disputes and the methodology for resolving disputes amicably, although this requires judicial/legislative readiness. The goal of the study is to consider the perspective and possibility of using mediation in administrative disputes in order to demonstrate the need to use mediation as a mechanism.

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