Alternative Dispute Resolution Research Articles

"Conflict Management in Romanian School Communities: an Examination of Practices in Cluj-Napoca High Schools"

This article delves into the nuanced landscape of conflict management within Romanian school communities, with a specific focus on administrators, teachers, students, and parents. This study conducted comprehensive research involving four high schools in Cluj-Napoca, employing a multifaceted approach incorporating focus groups and surveys. The findings of this investigation reveal a prominent trend in conflict resolution within these school communities: conflicts are primarily resolved through administrative decisions and sanctions. This predominant reliance on hierarchical authority structures to address disputes emerges as a dominant theme, while awareness and utilization of Alternative Dispute Resolution (ADR) methods are notably absent.

Enforcing Sustainability

After the Lisbon Treaty, the European Union (EU) has prioritized sustainable development as a key aspect of its external trade and investment policy. This emphasis on sustainability has been reinforced through treaty- making and has received support from the Court of Justice of the European Union (cjeu). However, there are notable variations and nuances in the understanding and implementation of sustainability in the EU’s treaties. Moreover, these treaties introduce innovative dispute resolution mechanisms, such as arbitration and alternative dispute resolution methods, which can significantly impact international dispute settlement practices. Opinion 2/ 15 on the EU- Singapore Free Trade Agreement marked a crucial moment in clarifying the scope and nature of sustainable development chapters within the EU’s trade and investment policy. Different agreements concluded after the Lisbon Treaty reflect diverse approaches to sustainability. In the context of environmental protection, these agreements encompass a range of provisions, from generic to more specific clauses addressing particular aspects. This article critically analyzes the effectiveness and scope of “green conditionality” within the Sustainable Development Chapters of EU-established Trade and Investment Agreements. It examines the incorporation of environmental provisions in these agreements, evaluates their role in promoting sustainable development objectives, and explores the implications of dispute settlement and international arbitration mechanisms. This analysis aims to provide a cutting- edge perspective on the topic.

The United Nations’ Obligation to Provide Access to Remedies to Third-Party Claimants Under International Law

Abstract The perceived impunity of the United Nations peacekeeping missions has been the subject of numerous reports and studies. These studies are in agreement that the legal accountability of the UN is strongly challenged by the UN’s absolute immunity coupled with a lack of or inadequate alternative dispute resolution mechanisms. This situation has led to what is referred to as a ‘remedy gap’ whereby third-party claims against the UN are extinguished due to a lack of forum with jurisdiction over the UN. This article is a study into the second component of the remedy gap, namely, the lack of or inadequate alternative dispute resolution mechanisms. This is a study on the underlying obligation to provide access to remedies as a potential component of the remedy gap. It seeks to assess the legal framework of the UN’s obligation to provide access to remedies and the scope thereof. This is to establish whether the lack of or shortfalls of the UN’s alternative dispute resolution mechanisms are imputable to an inadequate legal framework which does not provide sufficient legal tools to ensure the suitable adjudication of claims or whether the issue lies in the implementation phase through the UN’s policies and practice. In essence, this article seeks to determine the basic rules that form part of the UN’s obligation to provide access to remedies. This is done through a comprehensive analysis of all the possible sources of this obligation to determine its scope.

Settlement as a Form of Alternative Dispute Resolution in Administrative Matters: The Case of Slovenia

This article discusses settlement as an alternative method of resolving administrative matters in Slovenian law. Its main objective is to identify problems caused by the current regime and to propose some solutions. To achieve this aim, it relies in particular on the comparative and dogmatic research method. The author notes that – in contrast to many comparative law regimes – Slovenian law generally does not allow for settlement between an administrative authority deciding on an administrative matter and a party to an administrative procedure, but only for settlement between parties with opposing interests. Most administrative cases are thus still settled by an administrative decision. The author considers that a settlement between the administrative authority and a party to an administrative procedure should also be introduced into Slovenian law, but it should be limited only to certain administrative matters or only with respect to (part of) the content of the (later issued) administrative decision.

Tinjauan Yuridis Sengketa Persamaan Merek Antara Starbucks Corporation Melawan PT Sumatra Tobacco Trading Company (Studi Putusan Pengadilan Negeri Niaga Nomor 51/Pdt.Sus/Merek/2021/PN Niaga JKT.PST. dan Putusan Mahkamah Agung Nomor 836K/Pdt.Sus-HKI/2022)

Brands provide a distinctive feature for goods or services of a company with goods or services of other similar companies, so brands are important for business people. The problems that will be discussed in this study are the protection of trademark rights holders according to Law Number 20 of 2016 concerning Trademarks and Geographical Indications, the process of resolving disputes over trademark equality in Indonesia, as well as legal analysis of trademark dispute decisions in the Commercial District Court Decision Number 51/Pdt.Sus/Merek/2021/PN Niaga Jkt. Pst. and Supreme Court Decision Number 836K/Pdt.Sus-HKI/2022. The research method used in this research is normative legal research. This research examines document studies, which uses various secondary data such as laws and regulations, court decisions, legal theories, and can be in the form of scholars' opinions. Trademark registration applied for by the owner of the Trademark if accepted will give rise to rights to the Trademark for the owner of the Trademark who registered the Trademark to the Directorate of Intellectual Property as a form of protection of trademark rights holders. If there is a trademark dispute, the settlement can be done by litigation and non-litigation. If the Trademark owner wants to do litigation, first the Trademark owner can file a lawsuit according to the procedures of the Trademark Act 2016. However, if you want to be resolved in non-litigation, it can be done through arbitration or alternative dispute resolution in accordance with Law Number 30 Year 1999 on Arbitration and Alternative Dispute Resolution.

THE ROLE OF ARTIFICIAL INTELLIGENCE IN ALTERNATIVE DISPUTE RESOLUTION

The article focuses on Alternative Dispute Resolution (ADR) as one of the areas where Artificial Intelligence (AI) can play a significant role, and it can be assumed that this role will grow even more. With the development of society, the methods used for efficient and fair dispute resolution must also evolve, which can facilitate access to justice in society. This article aims to contribute to the discussion regarding the possibility of implementing AI in ADR. Also, it addresses the potential benefits of implementing AI in ADR, its challenges and possible implications for the future of dispute resolution.

LEGAL PROTECTION OF THE NATIONAL OIL AND GAS ENERGY BY LAW NUMBER 22 OF 2001

National Oil and Gas Energy for Indonesia so plays an important role in the field of oil and gas industry. Pertamina is the only State Oil and Gas Company submitted the task to manage all activities of the Indonesian Oil and Gas Energy from upstream to downstream and export activities, is the beginning of a political era of international cooperation in the upstream oil and gas activities with the use of system agreement Produktion Sharing Contract (kps). The purpose of this paper is the settlement of disputes in the mining oil and gas energy is by starting with the principles and definitions, basic law and the law of oil and gas resources that exist in Indonesia, as contained in Act No. 22 of 2001 and aspects of legal protection in the oil and gas energy mining system , and the settlement of disputes in the national oil and gas energy, namely; 1). court; 2). Alternative dispute resolution; view of Islamic law on mining energy as a result of the earth and the results of its use for the welfare of the people in line with the Islamic religion that results or benefits can be used for the welfare of the people

OPTIMIZING MEDIATION AS AN EFFORT TO SETTLE MARITAL DISPUTES IN COURT

This study discusses the Optimization of Mediation in the Resolution of Marriage Disputes in Court. Marriage is an essential event in human life as a legal and religious act. Along the household's journey as husband and wife, it is not uncommon for differences of opinion or principles between husband and wife to occur, which end up threatening the integrity of a marriage. Mediation as one of the Alternative Dispute Resolution (ADR) is seen as a humanist and equitable way of resolving disputes. Humanist because the decision-making mechanism (peace agreement) is the authority of the parties to the dispute and maintains good relations. Fair because each party negotiates options for resolving the problem. Divorce cases in religious courts are first required to be mediated; Mediation is carried out to resolve problems to reconcile the husband and wife. This study uses a normative juridical research method using a statutory approach that focuses on optimizing Mediation in the Resolution of Marriage Disputes in Court. The result of this study is that the optimization of Mediation in court cannot be separated in several ways, namely the Supreme Court, as part of law enforcement, which issued PERMA No. 1 of 2016 concerning mediation procedures in court, is the right step in resolving disputes, especially marital disputes. In addition, the role of competent mediators, cooperative parties, and reasonable legal culture.
 Keywords : Optimization, Mediation, Marriage Dispute

Validity of the Arbitration Clause in the International Employment Contract: the Viewpoint of the GCC Countries

In this paper we will evaluate the significance of the arbitration clause in international employment contracts. Our aim is to understand how this particular alternative dispute resolution (ADR) mechanism is utilized in the Gulf Cooperation Council (GCC) countries. Even though the law in several countries aims to protect employees by prohibiting arbitration agreements (due to considerations of employee protection), we argue that it should be optional for the employee to enter into labour agreements with arbitration clauses. This is especially important when the arbitration agreement achieves the employees’ interests, and is agreed upon with informed and clear consent. We will engage with arguments which advocate the prohibition of arbitration agreements within Individual Employment Contracts (IECs); whilst taking the position that the flexibility, speed, confidentiality and predictability of arbitration provides specific advantages to international employees compared to litigation before court. Furthermore, in the context of a desire on the side of GCC countries to attract high-skilled labour (and when there are many misconceptions regarding the adjudicative functions of labour law courts in the GCC), arbitration clauses can play a significant role in mediating between different legal cultures.

Implementing NRRP policies and the interest groups perspective in the justice sector: the “Ufficio per il processo” reform

ABSTRACT In the justice sector, the main objective of NRRP policies is to enhance the performance of the judiciary through comprehensive actions that impact various areas, including the courts, organizational matters, civil and criminal proceedings, alternative dispute resolution, digitization, judicial and staff training, and judicial governance. This context presents an excellent opportunity for a new cycle of policy design and implementation. The article focuses specifically on the Ufficio per il processo (literally, ‘Office for the trial’), an organizational reform that introduces new staff to support court proceedings. This reform is expected to have a broad and cross-cutting impact for at least two reasons. Firstly, it is instrumental in implementing the entire package of NRRP policies, where the efficiency of court proceedings depends significantly on the resources available to judges and clerks. Secondly, it highlights the interconnections between the judicial function and court management. The article analyses the influence exerted by key interest groups (such as the National Association of Magistrates and the National Bar Council) during the implementation phase of the reform, considering the transition from the Draghi to the Meloni Government. In the conclusions, the article identifies the dynamics that concretely shaped the Ufficio per il processo reform through the interaction between political powers and interest groups.

Effective Use of the ADR Process in the Construction Industry

The construction sector in India has undergone significant development and it is one of the key contributors to the progress of a nation and the highest drivers of economic growth worldwide. The recent development and trends which we notice in construction have marked the beginning of a new phase. The traditional methods are being transformed and developed to make them more efficient and effective. In India, infrastructure is one of the top sectors, which is attracting the highest foreign direct investment (FDI). Even at the global level, the construction output is growing very fast, the statistical data can be viewed in my research paper. It is thus clear that construction is proving to be one of the most dynamic sectors not only on a global scale but also in India. With a sector subject to extreme trifles and complexities, it is only rational to infer that disputes arising out of construction activities would also call for distinct expertise and proper understanding of the issues surrounding construction activities. The growing demands of the construction industry have given rise to more disputes, delays and consequently more claims, which need to be addressed in an effective and expeditious manner. The perceived limitation of the formal adjudication process has led to thoughts about alternative means for the resolution of disputes in a timely, inexpensive, and humane manner. This alternative includes arbitration, mediation, conciliation and other hybrid indigenous mechanisms of dispute resolution. Even the legislative initiatives have attempted to harmonize the Indian legal framework on alternative dispute resolution (ADR) with international best practices to bring certainty and uniformity in law and practice of ADR in India to attract business and foreign investment to the country. There is a growing understanding that ADR can play a significant role in the success of the ‘Make in India’ and improving India’s position in the ease of doing business there. The present paper focuses on how best the ADR can be adopted to resolve the issue in the construction industry. The author is going to discuss mainly three issues, namely the different types of construction activities; construction contracts and issues arising out of contracts and finally, the focus lies on how the ADR method will be an effective mode in comparison with litigation, with regards to effectiveness and timely resolution of construction disputes. Claim, Dispute, Disagreement, Contract, Arbitration, Conciliation, Litigation, Mediation, ADR

Unleashing Alternative Dispute Resolution (ADR) in Resolving Complex Legal- Technical Issues Arising in Cyberspace Lensing E-Commerce and Intellectual Property: Proliferation of E-Commerce Digital Economy

The rapid growth of cyberspace has brought about numerous legal and technical challenges, often requiring innovative solutions for effective dispute resolution. The exponential growth of the digital era has ushered in a dynamic landscape known as cyberspace, replete with intricate legal and technical challenges. The online interactions and intellectual property rights become increasingly prevalent, that’s why the disputes and conflicts arise within this virtual realm. Navigating these multifaceted complexities requires innovative approaches to dispute resolution that transcend traditional legal paradigms. Alternative Dispute Resolution (ADR) emerges as a compelling solution offering a versatile toolkit for resolving disputes that meld intricate legal considerations with complex technological dimensions. By probing the depths of its methodologies, exploring its advantages and limitations, and addressing the integration of technical expertise into the dispute resolution process, we pave the way for an in-depth understanding of how ADR not only bridges the gap between law and technology but also propels the evolution of dispute resolution mechanisms in the ever-evolving realm of cyberspace. The paper explores the applicability of ADR methods, such as mediation, arbitration, and negotiation, to navigate complex disputes in online environments, focusing on e-commerce and intellectual property realms. By analyzing legal frameworks and practical implications, this paper highlights the benefits and challenges of employing ADR to resolve intricate disputes arising in the digital landscape.

Religion and Alternative Dispute Resolution: A Critical Assessment of Land Dispute Resolution in Akataka-Ekpa-Omaka and Omege-Echara Ikwo, Ebonyi State, Nigeria

This paper examined the impact of religion on alternative dispute resolution such as negotiation, meditation and conciliation on land conflict between Akataka-Ekpa-Omaka and Omege-Echara, Ikwo. The broad objective of the paper is to examine the impact of religion on the Land Dispute Resolution between Akataka-Ekpa-Omaka and Omege-Echara, Ikwo. The paper adopted survey and documentary methods in gathering data. The descriptive analytical technique tools such as tables, simple percentages, histograms, charts and content analysis data were used for data analysis. The theoretical framework used is human needs theory. The paper revealed that there is incompatibility of religious fanatics between traditional religion practice of the area and Christians belief which hinders the efforts to resolve the land dispute. The paper recommended setting up a special committee to harmonize the relationship between the two major religions as gateway to peace building in the area. There is also need to legislates at local level and specify various punishments for offenders of religious bigotry to encourage peace and harmony in the area.

Impact and Resolution of Franchise Disputes: Review of Legal Cases and Alternative Dispute Resolutions for Franchise Brand Rights

This study aims to analyze the impact arising from disputes in the franchise industry, with a focus on disputes related to trademark rights deviation. In order to understand the complexity of these disputes, this study involves reviewing legal cases involving parties in franchise relationships and identifying the types of infringement that are common in relation to franchise trademark rights. In addition, this study also analyzes alternative dispute resolution that can be used to resolve conflicts between franchisees and franchisors. In this analysis, alternative dispute resolution such as mediation, arbitration and negotiation are evaluated to understand their effectiveness and suitability in the context of franchise disputes. It is hoped that the results of this research will provide in-depth insight into the impact of franchise disputes on the parties involved and identify effective dispute resolution strategies to reduce potential losses and promote healthy relationships between franchisees and franchisors.

Dealing with Unsatisfactory Arbitral Awards: Observing the Grounds of Annulment of Arbitral Awards in Indonesia

Arbitration is often preferred because its award is final and binding. Nonetheless, this premise is not absolute. There are situations where the arbitral award can be set aside. In Indonesia, this procedure is locally known as annulment and requested to the District Court (or Pengadilan Negeri ‘PN’). Article 70 of Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution (‘AADR Law’) sets out three main grounds to request an annulment, i.e., forgery, concealment, and deception. However, the General Elucidation of the AADR Law suggests a non-exhaustive list of grounds by using the term ‘amongst others’. This vague phrase opens the grounds for interpretation by the Court, and parties seeking annulment can request grounds outside those expressly listed in the AADR Law. The most common examples include ultra petita, unfairness, and even Article 643 of the Reglement op de Rechtsvordering (RV), which have been previously invoked in annulment cases. The authors aim to scrutinize the prevailing laws and decisions regarding the annulment of the arbitral award and delve deeper into the grounds for arbitral award annulment requests in Indonesia from 2019-2022. Seventy cases were examined during this period. Out of seventy cases, twenty-nine cases were filed for an appeal to the Supreme Court, and two cases out of the twenty-nine cases sent for civil review. In total, fourteen cases were granted annulment, whereas twenty-two requests were held inadmissible (niet onvankelijke verklaard), and thirty-four requests were rejected. Arbitration, Grounds for Annulment, Grounds for Setting Aside, Arbitral Award, Award Annulment, Article 70 of Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution, Award Annulment in Indonesia, Award Annulment Process, Unsatisfactory Arbitral Award

The Impact of Digital Technologies on Alternative Dispute Resolution

The Impact of Digital Technologies on Alternative Dispute Resolution

Transforming Digital Dispute Resolution in India

The era of digital reality offers and shapes new dispute resolution mechanisms, imposes high demands and sets its own rules to be complied with. The introduction of information and communication technologies and artificial intelligence into judicial and out-of-court dispute resolution proceedings in India has shown innovative results quite rapidly. Transformation of digital modes of dispute resolution continues with new research and development of modern technologies that strive for excellence. The purpose of this study is to analyze transformation of digital dispute resolution methods in India, considering the historical evolutionism that led from the Vedic era to the global digital revolution, formation of a hybrid model that combines several modes of dispute resolution - offline courts, online courts and online dispute resolution using digital technologies and alternative dispute resolution methods. However, the digital system is far from being perfect; it has significant drawbacks associated with the risks of cyber-attacks and leakage of personal data containing sensitive confidential and personal information. Besides, the digital literacy of the Indian population located on the periphery is quite low, which greatly reduces the level of trust in electronic courts and online dispute resolution.

X Ban and its Effects on Nigeria’s Political and Economic Development

X is an essential platform for information exchange, marketing customer services and remote work, especially during public health and safety emergencies like the COVID-19 pandemic making its ban in Nigeria impossible not to affect a wide spectrum of its subscribers and slow commerce, cut productivity and ultimately jobs losses aside from the internal and external political implications that accompanied it as well. Hence, the paper’s objective is to ascertain the extent to which the X ban affected Nigerian political and economic development using the lens of small and medium scales enterprises (SMEs).Lagos state and computer village, renown for computer, mobile phones and other digital enabling devices in the sub-national unit of Nigeria, the business nerve center of the country, was selected as focus for the study because of the appropriateness of its features. Thedescriptive survey design was adopted for the research and the findings revealed that the suspension adversely affected Nigeria’s political and economic development as it breached Nigerians’ human right to expression, stained the country’s national image, devastate the e-commerce businesses such as lowering profits and cut jobs which increases unemployment rate. The study recommends that the government should improve on human rights respect, and explore alternative dispute resolution measures while X embraces adherence to national operational rules and laws amongst others.

PERAN BADAN MEDIASI DAN ARBITRASE ASURANSI INDONESIA (BMAI) : ANALISIS PROSES DAN SIFAT PUTUSAN

The aim of this study is to explore the process of insurance dispute resolution through the Indonesian Insurance Mediation and Arbitration Agency (BMAI) and the nature of its decisions. This research is conducted within the framework of normative juridical legal research, utilizing secondary data as the primary source. The obtained data is then analyzed using a qualitative normative data analysis method. The research findings reveal that the process of settling insurance claim disputes through the Indonesian Insurance Mediation and Arbitration Agency (BMAI) involves three main stages designed to provide effective and efficient alternative dispute resolution. These stages include mediation, adjudication, and arbitration. As for the nature of the decisions made by the Indonesian Insurance Mediation and Arbitration Agency (BMAI), they are considered final and binding. In other words, the final and binding nature of these decisions requires all parties involved in the dispute to adhere to and execute the decisions.

Enforcing Sustainability: Assessing the Effectiveness of the EU’s Trade and Investment Policy in Promoting and Implementing Sustainable Development Provisions

After the Lisbon Treaty, the European Union (EU) has prioritized sustainable development as a key aspect of its external trade and investment policy. This emphasis on sustainability has been reinforced through treaty- making and has received support from the Court of Justice of the European Union (cjeu). However, there are notable variations and nuances in the understanding and implementation of sustainability in the EU’s treaties. Moreover, these treaties introduce innovative dispute resolution mechanisms, such as arbitration and alternative dispute resolution methods, which can significantly impact international dispute settlement practices. Opinion 2/ 15 on the EU- Singapore Free Trade Agreement marked a crucial moment in clarifying the scope and nature of sustainable development chapters within the EU’s trade and investment policy. Different agreements concluded after the Lisbon Treaty reflect diverse approaches to sustainability. In the context of environmental protection, these agreements encompass a range of provisions, from generic to more specific clauses addressing particular aspects. This article critically analyzes the effectiveness and scope of “green conditionality” within the Sustainable Development Chapters of EUestablished Trade and Investment Agreements. It examines the incorporation of environmental provisions in these agreements, evaluates their role in promoting sustainable development objectives, and explores the implications of dispute settlement and international arbitration mechanisms. This analysis aims to provide a cutting- edge perspective on the topic.