Business Disputes Research Articles

Pemberlakuan Arbitrase Secara Elektronik Sebagai Penyelesaian Sengketa Bisnis pada Masa Pandemi COVID-19

Adjustment of relations between parties and places of communication is not only pegged to space and time, this happens because of the sophisticated technology and ease of communication that has developed rapidly as a result of the big changes in the Industrial Revolution Era 4.0. The activity of resolving business dispute problems during this pandemic is greatly helped by the existence of electronic arbitration whose implementation process can be carried out using various existing arbitration institutions. Writing this journal aims to explain and urge the public that resolving business disputes can use arbitration institutions and be accompanied by legal force. Using normative and empirical legal research methods is the right solution in compiling this research, and taking a legislative and comparative law approach is expected to complete this research. As long as the provisions of Law no. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution (UUAAPS) goes hand in hand, so the electronic arbitration arrangements and procedures remain in effect. The need for Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions as the legal basis for supporting the provisions of Article 4 paragraph (3) of the AAPS Law is to strengthen the regulations in Article 4 paragraph (3) of the AAPS Law. So it can be concluded that carrying out Electronic Arbitration in Indonesia during the COVID-19 pandemic is very helpful for business actors to be able to resolve their disputes because the convenience of these electronic devices makes business actors more efficient in running their companies.

The Comparison Of Arbitration Dispute Resolution Process Between Indonesian National Arbitration Board (BANI) And London Court Of International Arbitration (LCIA)

Arbitration is a way of resolving a civil dispute outside the general court based on an arbitration agreement made in writing by the disputing parties. Each country has a different settlement process. In Indonesia arbitration is based on Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. The Indonesian National Arbitration Board (BANI) is an agency established by the Indonesian government for law enforcement in Indonesia in resolving disputes or differences of opinion that occur in various trade, industrial and financial sectors. Likewise in Indonesia, in England there is also an Arbitration Board called LCIA which is one of the oldest arbitration institutions in the world and has resolved 303 cases annually. This agency acts autonomously and independently in upholding law and justice. The purpose of this research is to determine the differences in the dispute resolution process through arbitration in Indonesia and the UK. The research method used in this article is normative legal research and through a literature study approach with secondary assessment of legal materials and juridical data analysis. The results prove that the process and procedures for dispute resolution at the LCIA institution are different from the BANI institution in the process and procedures. as well as the legal basis used in resolving the parties' business disputes.

Measuring Opportunities and Challenges in Dispute Resolution of Fintech Sharia Business Through LAPS

This research was conducted to outline the opportunities and challenges of resolving fintech business disputes through the Alternative Dispute Resolution Institute (LAPS) in Indonesia. The research method used in this research is a legal reasearch approach and qualitative approach that is to review primary and secondary data sources related to regulations on business dispute resolution in Indonesia. The results show that fintech plays a role in encouraging the economic development of the community, especially as an alternative to financing. LAPS serves as a solution to dispute resolution of business people in Indonesia this institution was chosen because it is more effective and efficient, the verdict is final and binding that is contrary to litigation lines that seem time-consuming and expensive costs. LAPS opportunities are very large for the rise of digital-based businesses and payments that still leave many legal problems while LAPS khsusus fintech is not yet available where LAPS provides services that are in line with digital business; the settlement is a win-win solution, which is in accordance with the character of the business world, which is obliged to manage risks, including reputational risk, operational risk and legal risk. While the challenges faced by LAPS in fintech include: Dualism alternative fintech dispute resolution can be through LAPS and can also through the Consumer Dispute Resolution Agency (BPSK); Limited Legal Infrastructure The number of fintech transactions that continue to increase in line with the potential for disputes that will occur; Availability of Mediators and Arbitrators of LAPS Financial Services Sector.

Alternative Dispute Resolution Dalam Sengketa Bisnis Internasional

Introduction: The importance of understanding international business contract law is because international business will involve more than one country so that the laws in these countries will also differ from one another. This will cause problems if there is a business dispute between two parties from different countries.Purposes of the Research: Thus, this study aims to analyze dispute resolution, especially alternative dispute resolution in international business.Methods of the Research: The research method used is normative juridical or what is known as legal research which is carried out by reviewing and analyzing the substance of the legislation on the subject matter or legal issue in its consistency with existing legal principles.Results of the Research: Choice of law is a consequence in an international business contract as a result of different legal rules in each country. Alternative dispute resolution is a method of dispute resolution that can be used in international business disputes. Arbitration, Mediation, Conciliation, Negotiation and Consultation can be used as initial options so that a solution can be obtained from the disputes faced before going through the litigation route which of course will be more time consuming and costly.

Confidentiality in Mediation in Resolving Property Disputes: Reality and Challenges

Mediation is a process based on the interests of the parties, which increases the mediator's rights to the extent permitted by the disputing parties. The story of the apple heart and rind related to mediation also seems to be easily understood, but, at the same time, it is considered to be a complex problem. In collective disputes, the right of the Minister of Labor, Health and Social Affairs to receive a report from a mediator comes in collision with the requirement of the normative act to the mediator to keep confidential all information entrusted to him during the mediation process. In fact, this regulation requires a change to specify clearly what type and amount of information a mediator is required to provide to a minister. Also in This work is explained the legitimate grounds for breach (break) of confidentiality. in the course of obligation to disclose information by another court decision, the court should only require the disclosure of information directly related to the case from the mediation participants. At the same time, the restriction that information should be disclosed only to an adequate and proportionate extent to a lawful purpose can be considered as a useful tool for the protection of a legitimate purpose – the confidentiality of information. Ultimately one of the important functions of a mediator for the successful completion of mediation in business disputes is to focus on the interests of the parties.

Legal Protection for Borrowers and Business Dispute Resolution in Fintech Lending Services

Legal Protection for Borrowers and Business Dispute Resolution in Fintech Lending Services

Exit bans when doing business in China

AbstractThis article investigates and measures the frequency, fairness, and efficacy of exit bans in China. We limit our definition of “exit bans” to civil business disputes between a foreign businessperson and his or her local Chinese counterpart, where the foreigner is prevented from leaving China. A traveler typically learns of an exit ban at the airport when he or she is not allowed to board a flight; accordingly, an exit ban is distinct from a debt hostage situation in which the foreigner's freedom of movement within the country is restricted. To conduct our study, we submitted Freedom of Information Act (FOIA) requests (or their equivalents) to six Western governments of countries that engage in significant trade with China and whose citizens were subjected to an exit ban preventing them from leaving China. We also conducted a separate content search and analysis of English and Mandarin media articles that discuss exit ban situations in China. Our analysis yields four primary findings. First, the data reveal at least 128 total cases, and approximately one‐third of the cases were driven by business disputes. It is likely that many more of the 128 cases were caused by business disputes, but because much of the data we received from government agencies was provided in aggregate form, we were unable to verify the driving force behind such cases. Second, in the business‐related cases, Chinese authorities generally appeared to follow applicable exit ban laws and application processes, thereby pushing back on the narrative that local norms and a culture of ignoring the law trump the legal mandates issued from Beijing. Third, most exit bans took place in Tier 1 cities or coastal regions (where more foreign business activity is concentrated), although scattered cases occurred in more remote locations, thus indicating that foreign business interests may be at risk in cities of diverse sizes throughout China. Last, the concern within the international business community that the term “responsible person” under Chinese exit ban law would be abused by authorities to also restrict the movement of non‐senior level businesspeople finds some limited confirmation in our data, although most exit ban cases we located were brought against senior‐level executives. Relying on these findings, the article concludes with four practical recommendations that business leaders can use to better evaluate and manage exit ban risks in China.

PENGGUNAAN ONLINE DISPUTE RESOLUTION DITINJAU DARI UNDANG-UNDANG NOMOR 30 TAHUN 1999 TENTANG ARBITRASE DAN ALTERNATIF PENYELESAIAN SENGKETA

As technology develops, new breakthroughs emerge which are considered more practical and make it easier for parties to settle business disputes out of court using Online Dispute Resolution. The Online Dispute Resolution method has not yet been regulated, meaning that there is a legal vacuum regarding the use of Online Dispute Resolution. This research is legal research. The approach used to answer this legal issue is the statute approach, which is an approach using legislation and regulations. Conceptual approach (conceptual approach) is used to examine and analyze the framework of thought, conceptual framework or theoretical basis of legal issues to be studied.
 Based on the results of the analysis of legal materials, it is concluded that the use of Online Dispute Resolution can be carried out where the Article 4 paragraph (3) of ADR Act stipulates that as long as it has been agreed upon by the disputing parties, dispute resolution through arbitration can occur in the form of electronic documents. Then, according to Article 5 of the ITE Act, it states that electronic information and/or electronic documents and/or their printouts are legal evidence. Even so, Online Dispute Resolution has not been able to run optimally because there are no separate regulations, therefore special arrangements regarding Online Dispute Resolution are needed to ensure legal certainty.

Social Education in Kosovo for Resolving Business Disputes through Arbitration

Social Education in Kosovo for Resolving Business Disputes through Arbitration

Indigenous Conflict Resolution: Social Institutions and their Role in Peacebuilding in Ethiopia‟s Gamo Community

This paper showcases the conflict resolution mechanisms used by populations indigenous to the Gamo areas of Ethiopia. The Gamo system represents a time-honored, informal, and socially equitable method of resolving types of personal and business disputes found among the general populace. This research work investigates and demonstrates the utility of the Gamo customary method for addressing perceptual and behavioral elements of conflict that are present in all societies across the country. To attain this objective, the article employed both secondary and primary data sources. Both primary and secondary data were organized thematically and analyzed through systematic interpretation and triangulation of various sources. The article found that conflicts are manifested at a family, neighborhood, and clan (Dere) levels with varying magnitude. The indigenous conflict resolution institution among Gamo has three stages of conflict resolution. The higher (Dere), middle (Guta), and lower stages. Conflict resolution at the higher and middle stages is used to lead by elders from the Gamo traditional political system. Conflicts at the lower stage are used to be resolved by elders selected by the disputant parties. The three stages of conflict resolution are highly interconnected and refer to cases from one setting to another. From a positional standpoint, this study proposes the indigenous conflict resolution mechanisms among Gamo and draws out lessons for Ethiopia and other countries to build sustainable peace.

Efektivitas Peran Arbitrase Syariah Dalam Menyelesaikan Sengketa Bisnis Syariah Di Indonesia

Sharia arbitration is an institution that plays a role in resolving sharia disputes peacefully outside the general court. Arbitration is regulated in Law no. 30 of 1999 states that arbitration has the right to resolve problems related to civil law. Covers economic, business, financial, trade and industrial issues that apply sharia principles. The purpose of writing this article to know the effectiveness of the role of sharia arbitration in resolving sharia business disputes in Indonesia. Because the process of solving business problems can use litigation (judicial) or non-litigation (outside court). This research focuses on the Shariah Arbitration Instirtuation. The research method uses descriptive qualitative with a normative and juridical approach. Sharia arbitration in Indonesia is considered quite effective in resolving sharia business disputes. Because the disputing parties are more dominant in choosing sharia arbitration than the judicial route, this is due to the fact that sharia arbitration is more flexible in proposing conditions to resolve disputes, more cost and time efficient and prioritizes peace. In addition, the legal basis used by the sharia arbitration institution is in accordance with the Qur'an, hadith and also the MUI Fatwa.

Sharia Economic Dispute Resolution During Covid-19 Pandemic

The process of resolving a case, especially concerning business disputes, generally runs slowly, drags on, and takes a long time, at least three months. This condition will, of course, burden the litigants, especially in cases where the value of the material claim is small. To overcome this problem, the Supreme Court issued PERMA No. 2 of 2015 in conjunction with PERMA Number. 4 of 2019 which regulates the Settlement of Simple Claims (Small Claim Court). What is meant by Simple Claim Settlement. is a procedure for examining a civil lawsuit with a material claim value of a maximum of 500 million rupiahs. With this regulation, it is hoped that the dispute resolution procedure can be simpler, faster, and less expensive. This study examines the court process for simple lawsuits related to Sharia business cases during the Covid-19 pandemic. The aim is to find out how the court process works and how effective the mechanism is in serving the interests of justice seekers. This research is a qualitative descriptive study using a juridical normative approach. The results showed that during the pandemic, the implementation of the small claim court was carried out using the e-court facility, and has proven to be effective and efficient in serving justice seekers.

Analysis of Alternative Dispute Resolution in non-litigation dispute resolution on Islamic Mortgage: at the Ombudsman Institution Yogyakarta

Limited information, experience, and very low economic conditions are the background of business dispute cases, especially in Islamic mortgages. Business dispute cases, including Islamic mortgage, have so far been resolved using non-litigation settlements using Alternative Dispute Resolution (ADR), it is considered easier, does not incur expensive costs, is familial, and achieves the goal of dispute resolution, namely win-win solutions. Settlement of disputes using this method has been regulated in Law Number 30 of 1999 concerning arbitration and alternative dispute resolution. In this case, the Yogyakarta Ombudsman as one of the non-litigation institutions also takes part in resolving disputes non-litigation. This study aims to analyze the method used, namely alternative dispute resolution in resolving disputes over sharia mortgage loans. Finally, this research finds that in the process of resolving disputes over sharia mortgages with alternative dispute resolution, the method of consultation, negotiation, mediation, and expert judgment is used. The alternative dispute resolution method prioritizes peace and a win-win solution or conditions that are favorable to the parties, but in this case, the non-litigation dispute resolution method does not succeed in bringing about peace or a win-win solution.

Commercial Business Dispute Settlement Through Online Non-Litigation Dispute Settlement in Indonesia

The purpose of the research entitled Settlement of Commercial Business Disputes through Online Non-Litigation Dispute Resolution in Indonesia is to analyze the mechanism for resolving commercial business disputes through non-litigation in the form of ODR in Indonesia and its legal consequences. The research method is in the form of normative legal research, which is a method that uses statutory regulations, which are then analyzed and drawn conclusions from general matters into a specific conclusion. The results of the research obtained are, First: that the legal basis that contains and states implicitly regarding matters relating to ODR is contained in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, namely, the contents of the legal regulations also do not provide much clarity. Details on how the conditions for ODR are carried out, the ODR mechanism, and other explanations. Second, the Inconsistency Norm that occurs in regulations relating to dispute resolution through non-litigation ODR, namely between several articles in the AAPS Law, there is a discrepancy or contradiction between the rules or articles that apply, so that the legal rules become vague and unclear. Where according to several articles of the AAPS Law it is stated that the Arbitration dispute resolution process must be written, while according to other articles of the AAPS Law it can be online. There is a legal ambiguity in the non-litigation dispute resolution mechanism through ODR, so that the parties feel that there are no clear directions or instructions in resolving cases, this makes the process of non-litigation dispute resolution mechanisms through ODR not well directed, due to disharmony or inconsistency the rule of law, so that the rule of law becomes vague, vague and unclear. The solution to these legal issues is that the government should make legal regulations that specifically regulate ODR or revise Law Number 30 of 1999 and add articles related to ODR. To the Government to provide websites and institutions that can specifically handle non-litigation dispute resolution through ODR to handle commercial business dispute resolution.

COMMERCIAL BUSINESS DISPUTE SETTLEMENT THROUGH ONLINE NON-LITIGATION DISPUTE SETTLEMENT IN INDONESIA

The purpose of the research entitled Settlement of Commercial Business Disputes through Online Non-Litigation Dispute Resolution in Indonesia is to analyze the mechanism for resolving commercial business disputes through nonlitigation in the form of ODR in Indonesia and its legal consequences. The research method is in the form of normative legal research, which is a method that uses statutory regulations, which are then analyzed and drawn conclusions from general matters into a specific conclusion. The results of the research obtained are, First: that the legal basis that contains and states implicitly regarding matters relating to ODR is contained in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, namely, the contents of the legal regulations also do not provide much clarity. Details on how the conditions for ODR are carried out, the ODR mechanism, and other explanations. Second, the Inconsistency Norm that occurs in regulations relating to dispute resolution through non-litigation ODR, namely between several articles in the AAPS Law, there is a discrepancy or contradiction between the rules or articles that apply, so that the legal rules become vague and unclear. Where according to several articles of the AAPS Law it is stated that the Arbitration dispute resolution process must be written, while according to other articles of the AAPS Law it can be online. There is a legal ambiguity in the nonlitigation dispute resolution mechanism through ODR, so that the parties feel that there are no clear directions or instructions in resolving cases, this makes the process of non-litigation dispute resolution mechanisms through ODR not well directed, due to disharmony or inconsistency the rule of law, so that the rule of law becomes vague, vague and unclear. The solution to these legal issues is that the government should make legal regulations that specifically regulate ODR or revise Law Number 30 of 1999 and add articles related to ODR. To the Government to provide websites and institutions that can specifically handle non-litigation dispute resolution through ODR to handle commercial business dispute resolution.

Online Arbitration in E-Commerce Dispute Resolution During the Pandemic Covid-19

The Covid-19 pandemic has made online buying and selling activities increasing.�E-commerce is full of risks, especially because the consumers have the obligation to make any advance payment while they cannot see the condition or quality of the goods they ordered.�With the emergence of business disputes that occur both online and offline, and with the development of increasingly sophisticated technology, it is expected that the settlement of business disputes can be resolved online.�The purpose of this study was to analyze the settlement of legal disputes against online buying and selling transactions during the Covid-19 pandemic which was carried out through online arbitration.�The research method used was the normative juridical method, which was a method that seeks to analyze dispute resolution carried out through online arbitration which was then linked to the provisions of laws and regulations.�The process of conducting online arbitration is by using the internet as media.�The room for communication is more like a chat room based on real-time audio-visual streaming.�With the application to communicate, the parties can convey their data, facts, information, or responses through this platform.�Legal sanctions�against�online�buying and selling transactions�that do not match the order are�regulated in two general rules�(Lex Generalis)�and special rules�(Lex Specialist).Keywords:�E-Commerce;�Covid-19,�Online Arbitration;�Legal�Sanctions.

THE IMPORTANCE OF USING MEDIATION IN BUSINESS DISPUTES DURING A PANDEMIC

English Abstract: In the conditions of the pandemic, the timely settlement of business disputes, which is achieved with the help of mediation, became especially important. The aim of the study is to determine the importance of the institution of mediation in the context of the spread of the coronavirus and the overload of business dispute cases in the courts. The is- sue is interesting given the legislative changes in mediation. Research has shown that mediation has become particularly attractive to businesses during the spread of the coronavirus. This was due to the following features: Unlike litigation, mediation is faster, cheaper, calmer and more effective process focused on the interests of the parties. Mediation confidentiality is aimed at protecting confidential data and maintaining the ongoing relationship between the parties, as well as strengthening the parties’ trust in mediation. By European standards, Georgia has created a new reality. In 2020, a new law on mediation came into force, which has already been successfully used by several businesses and resolved ongoing disputes over the years. However, the use of remote mediation has become urgent in the face of the threat of the spread of the coronavirus. Procrastination in litigation during a pandemic can have major negative economic consequences for businesses. Therefore, in terms of prevention of negative effects and timely review of disputes, it is advisable to use a tool of mediation. Georgian Abstract: პანდემიის პირობებში განსაკუთრებით აქტუალური გახდა ბიზნესდავების დროული განხილვა-გადაწყვეტა, რაც მიიღწევა მედიაციის დახმარებით. კვლევის მიზანია, დადგინდეს, როგორია მედიაციის ინსტიტუტის მნიშვნელობა კორონავირუსის გავრცელებისა და სასამართლოებში ბიზნესდავებზე საქმეების გადატვირთულობის პირობებში. საკითხი საინტერესოა მედიაციაში განხორციელებული საკანონმდებლო ცვლილებების გათვალისწინებით. კვლევამ აჩვენა, რომ კორონავირუსის გავრცელების დროს მედიაცია განსაკუთრებით მიმზიდველი გახდა ბიზნესისთვის. ეს განაპირობა შემდეგმა თავისებურებებმა: სასამართლოში საქმის განხილვისგან განსხვავებით, მედიაცია არაა დროში გაწელილი, არის იაფი, მშვიდი და ეფექტიანი პროცესი, რომელიც მხარეთა ინტერესების გათვალისწინებაზეა დაფუძნებული; ამასთან, მედიაციის კონფიდენციალობის მიზანია როგორც საიდუმლო მონაცემების დაცვა და მხარეთა შორის მიმდინარე ურთიერთობის შენარჩუნება, ისე მხარეთა ნდობის გამყარება მედიაციის მიმართ. ევროპული სტანდარტების გათვალისწინებით, საქართველოში შეიქმნა ახალი რეალობა. 2020 წლის დასაწყისიდან ძალაში შევიდა ახალი კანონი „მედიაციის შესახებ“, რომლითაც უკვე რამდენიმე ბიზნესსუბიექტმა წარმატებით ისარგებლა და წლების განმავლობში მიმდინარე დავები მოაგვარა. ამასთან, კორონავირუსის გავრცელების საფრთხეების პირობებში აქტუალური გახდა დისტანციური მედიაციის გამოყენება. პანდემიის დროს სასამართლო პროცესების გაჭიანურებამ შეიძლება დიდი უარყოფითი ეკონომიკური შედეგები გამოიწვიოს ბიზნესსუბიექტებისთვის. ამიტომ უარყოფითი ეფექტების პრევენციისა და დავების დროული განხილვის თვალსაზრისით, მიზანშეწონილია მედიაციის ინსტრუმენტის გამოყენება.

TINJAUAN YURIDIS TANGGUNG JAWAB PENGEMUDI DAN PERUSAHAAN ANGKUTAN ATAS DALAM PENGANGKUTAN BARANG MELALUI ANGKUTAN DARAT (Studi CV. Belawan Indah)

CV Belawan Indah as a company engaged in the field of freight services is also not free from problems arising from mistakes of drivers and transport companies. In discussing the problems in this thesis needed a method of data collection, to obtain data with research. The research in question is the research method of library research and interviews that is collecting material obtained from primary data and secondary data. The data obtained will be analyzed normatively which is descriptive qualitative so that it illustrates the reality. Based on research results obtained at CV. Belawan Indah that the driver and the transport company are jointly responsible by disadvantage arising in the freightage via truck transportation to delays, damage, and lose the goodsin each operation of transportation and efforts of the owner of the disadvantage in the freightage the goods can file a claim for compensation through a consumer and business dispute resolution agency or the so-called BPSK or through a court of law within the general court.

FE Analysis of Communications Systems for Drive-Thru Restaurants in a Business Dispute Over Specifications and Design Process

Forensic analysis in this case involves the design of a communication system intended for use in Quick Service Restaurant (QSR) drive-thru lanes. This paper provides an overview of QSR communication system components and operation and introduces communication systems and channels. This paper provides an overview of non-linear, time-varying system design as contrasted with linear, time-invariant systems and discusses best design practices. It also provides the details of how audio quality was defined and compared for two potentially competing systems. Conclusions include that one of the systems was clearly inferior to the other — mainly due to not following design techniques that were available at the time of the project.

The Importance of Using Mediation in Business Disputes During a Pandemic

The Importance of Using Mediation in Business Disputes During a Pandemic