On the Question of the Legality of Concluding an Arbitration Agreement with the Participation of Consumers

The paper is devoted to the analysis of the issue of arbitrability of disputes involving consumers, which does not find an unambiguous solution either in law or in judicial practice. The author examines the positions of the highest judicial instances, as well as courts of general jurisdiction and arbitration courts on this issue, which are contradictory in nature. Having conducted a systematic analysis of legislation, legal science and judicial practice, given the special legal situation of the consumer, the author concludes that it is possible to have an arbitration agreement between the consumer and a person engaged in entrepreneurial activity, subject to certain conditions, in particular, the presence of the free will of the consumer to consider the dispute in the arbitration court and the absence of infringement of his rights in arbitration proceedings in comparison with the consideration of the dispute in the state court. The question is raised about the need for the administration of this category of disputes by permanent arbitration institutions. According to the results of the scientific research, changes in the norms of the legislation of the Russian Federation regulating the relations under consideration are proposed. Thus, it is proposed to word paragraph 1 of Article 17 of the Law of the Russian Federation “On Consumer Rights Protection” as follows: “Consumer rights protection is carried out by a court or an arbitration court”. It is also proposed to supplement Article 17 of this Law with paragraph 4: “Disputes involving consumers can be submitted to an arbitration court if all guarantees provided by law for the arbitration party are met for the consumer, provided that the following conditions are met: 1) the dispute must be considered during the administration of a permanent arbitration institution; 2) the consumer must be exempt from paying the costs associated with resolving the dispute in arbitration; 3) the place of arbitration must be determined within the subject of the Russian Federation in which the consumer resides.”

Dualisme Kompetensi Peradilan Permohonan Pengangkatan Anak Bagi Pemohon Yang Beragama Islam

The Child adoption application for Moslem applicants and Moslem adopted children potential are legal by the State court and the religion court in pratice, for this reason this matter causes the competency dualism in accepting, examining, and assigning that child adoption application. in the Mojokerto state court Decicion No.04/Pdt P/2012//PN Mkt, the Purwokerto faith courtroom Desicion No.a hundred thirty/Pdt P/2014/PA Pwt. the ones fourt courtsstate that they are legal to accept, examine and assign the adoption of children. according to the research, by way of yuridis normative approch sesult of the child adoption application proposed by means of Moslem applicants, both in the religion court and trough the state court have the authority to just accept, have a look at, grant, and assign the child adoption application, but with different legal consideration. inside the state court decision, the judicial legal consideration refers back to the common legislation law such as the child Protrction laws, the population Administrations law, the Goverment Ordinance, and the supreme court circular, however, the religious court in based on the Islamic law compilation. The legal consequences caused by child adoption decision carried out inside the state court, the adopted kids have inheritance rights from the adoptive mother and father, at the same time as in the religious Courts, the adoyed children do not server ties with the biological parents. consequently the adopted children do not inherit property from the adoptive mother and father.

The Comparative Law Research of Remission in Arbitration

Introduction: the institute of remission has only received significant development since 2016 with the adoption of the arbitration reform and the introduction of appropriate changes concerning remission. To date, the legal framework for the procedure for the return of the state court in case of finding serious shortcomings of the arbitration decision has not been fully formed. The purpose of the study: to analyze the remission in the arbitration court after the state court has returned the arbitration decision to correct significant shortcomings. Relevance: the importance and relevance of the work are since the regulations of Russian arbitration institutions do not have provisions on remission. The regulations of foreign arbitration institutions only contain a reference to remission, but do not disclose in detail the conduct of this procedure. At the same time, the institute of remission plays a significant role in arbitration proceedings. The number of applications to this procedure in foreign countries, as well as the beginning of its development in Russia, emphasizes the need and relevance of the study. Methods: in the paper, the research methodology includes the general scientific methods of cognition, specific scientific methods, and special legal methods, the comparative method of analyzing the rules of arbitration institutions is used, and the systematic method is used to determine the formation of the former composition of the arbitration or the new one. Results: the rules of the relevant arbitration institution should be considered as the applicable rules for remission. As a general rule, remitted issues are considered by the same panel of arbitrators that previously made the relevant award. The validity of the arbitrators’ mandate depends on the relationship between the remitted issues and the arbitration decision. The arbitration refusal of remission must be justified. Based on the results of remission, a new decision or an additional one may be made. Conclusions: the institution of remission is important, as it allows you to effectively and quickly correct significant shortcomings while avoiding the cancellation of the arbitration decision, and preserve the partnership of the parties. Based on the analysis and the conclusions drawn, the authors’ own rules are formulated, which can be included in the rules of arbitration institutions.

The Courts Begin to Appreciate Gay Rights: Romer and Baehr, 1996

Chapter 6 describes two important breakthroughs in the courts for gay rights. In 1996 the U.S. Supreme Court decided Romer v. Evans in favor of gay plaintiffs from Colorado who had had their rights reduced by a voter referendum. The Supreme Court upheld state court rulings which had overturned the referendum. The Romer decision, written by Anthony Kennedy, was the first Supreme Court decision to affirmatively defend the rights of gay people. In the fall of 1996 in Hawaii a same-sex marriage trial, Baehr v. Miike, showed for the first time that the opponents of marriage equality had no scientific or empirical basis for preventing same-sex marriages from being recognized. The marriage plaintiffs won in court, but the voters of Hawaii reinstated the same-sex marriage ban. Hawaii did not become a marriage equality state until 2013.

“Beings of an Inferior Order”

This chapter discusses the role of the legal system, including the Supreme Court, in upholding the constitutionality of slavery. It first examines the case of Prigg v. Pennsylvania in 1842, in which the Supreme Court reversed the conviction in state court of Edward Prigg, a professional slave-catcher, for kidnapping Margaret Morgan, who escaped from slavery in Maryland to the free state of Pennsylvania. Ruling that state officials could not hinder enforcement of the federal Fugitive Slave Act of 1793, the Court also held that state officials could decline to aid slave-catchers, leading to mass demonstrations in Boston over the “rendition” of escaped slaves George Latimer and Anthony Burns. The chapter includes a recounting of the infamous Supreme Court decision in Dred Scott v. Sandford in 1857, in which Chief Justice Roger Taney held that no Black person was a citizen and that Blacks were “an inferior order of beings” who had “no rights that the white man was bound to respect.” The chapter concludes with a discussion of the impact of the Dred Scott ruling on the presidential campaign of 1860, in which Abraham Lincoln denounced the decision and provoked the slave states to secede from the Union and launch the Civil War.

Multiparty Mediation as Solution for Urban Conflicts: A Case Analysis from Brazil

Social conflicts are becoming more complex every day and, therefore, the development of alternative forms of conflict resolution is necessary in view of the limited role of the Judiciary. With this, mediation gains more space in Brazil and in the world through the 2019 Singapore Convention on Mediation. Mediation is beneficial in the urban context to stimulate the population’s participation and guarantee legitimacy at different levels of power. It enables public and private convergences, better public interest comprehension about the best way of life in cities and enhanced democratic management due to better dialogue and cooperation with the public administration. Mediation focuses on the interventions’ reasons, the role of those involved in the process, welcoming the urban conflict with its peculiarities. It promotes the constitutional principles of democracy, pacification, solidarity, dignity, autonomy of will, speed and popular participation in the administration of Justice. However, in urban conflicts, which involve public administration and a multiplicity of parts, it is often necessary to apply collective or multiparty mediation. Thus, the article’s main objective is to address the effectiveness of multiparty mediation as a solution to urban conflicts through the analysis of 5 (five) concrete cases mediated at the Judicial Dispute Resolution Centers – CEJUSC of the Rio Grande State Court of Justice of the South in Brazil. In the first step, a theoretical-descriptive analysis of multiparty mediation in Brazil and the mediator’s role is carried out. In a second step, we will perform the analysis of practical cases to reach the appropriate conclusions.

THE LONG ARM OF TORT LAW. THE COMPETENCE OF U.S. COURTS IN DEFAMATION CLAIMS AGAINST FOREIGN DEFENDANTS

Jurisdiction of American state courts over out-of-state defendants is determined by state law, but is limited by constitutional considerations. If the defendant does not have sufficient contacts with the state, it is unconstitutional for the state court to consider the dispute. With respect to defamation suits, not only does the defamatory information actually reach a sufficient number of state residents, but also the foreign defendant’s purposeful actions directed at that state are necessary for state court jurisdiction over the out-ofstate defendant to arise. In the case of the media, such a purposeful action might be, for example, selling a significant number of copies of a magazine in that state or advertising its website in that state. However, the posting of defamatory information on a website available in that state does not, by itself, create jurisdiction over the publisher in state courts. If, for example, a foreign-language website describes events outside the United States, a U.S. court would probably not have jurisdiction, even if the plaintiff’s reputation in the United States was damaged. But if an English-language publication on some website intentionally defames a state resident by describing his or her activities in that state, the publication will likely be found to be “directed at” that state, and a state court will consider the defamation claim. The plaintiff’s location in this state in a defamation action is not sufficient to give rise to state court jurisdiction over a defendant who does not have sufficient minimal contacts in the state. To hear such a dispute in that state would violate the defendant’s constitutional right to “due process” because of the burdensome nature of his participation in the process.

NATURE OF LEGAL RELIEF THROUGH THE LENS OF INTERNATIONAL CIVIL PROCEDURE

The paper argues that legal relief should be treated as a complex notion that has both substantive and procedural dimensions. This argument is illustrated by reference to international disputes as a situation where legal classification has immediate practical consequences. Building on this argument, the paper concludes that courts and tribunals have to apply both substantive and procedural laws when resolving issues pertaining to legal relief. The purpose of each particular legal rule should be decisive to determine its legal nature, while other approaches to legal classification, such as textual interpretation of legal rules, are open to criticism. The paper also reviews a number of practical cases which could be resolved based on the suggested approach to legal classification. In particular, it is argued that the mixed classification of legal relief is helpful to address potential conflicts between remedies available under foreign substantive law and the procedural apparatus of the forum court (lex fori). This approach is also potentially efficient in the context of transnational enforcement of arbitral awards and state court judgments, and in particular it can be used to justify the power of the enforcing court to adapt the relief ordered by the foreign award or judgment to the procedural tradition of lex fori.