Causes Of Disputes Research Articles

FAKTOR PENYEBAB TERJADINYA PERSELISIHAN DAN PERTENGKARAN TERUS MENERUS DI PENGADILAN AGAMA TILAMUTA

This research is motivated by the difficulty of maintaining and creating a harmonious household. Differences of opinion, lack of communication and various kinds of problems that trigger disputes and disputes between the two. The aims of this research are (1) to determine the factors that cause continuous disputes and quarrels and (2) to determine the consequences of continuous disputes and quarrels. This research was carried out at the Tilamuta Religious Court using a qualitative approach with an empirical research type. The results of the research show that the causes of disputes and quarrels are; a) Economic problems, household needs are not met while there are children and wife's needs that must be met. b) Third party interference, can come from families who are excessively involved in household relationships or from other people. c) Polygamy is unhealthy, the husband is unable to act fairly and is unable to take responsibility for his two wives. d) Domestic violence/abuse occurs, lack of control of each other's egos and coupled with the husband not being able to control his emotions so he takes it out on his wife. The consequences arising from continuous disputes and quarrels include: (a) Disruption in fulfilling the rights and obligations of husband and wife, (b) Problems regarding child custody, (c) Division of joint Assets

Surface Mn-O3* complex-mediated nonradical electron transfer for boosting catalytic ozonation of organic pollutants

As initial and important reactive species, surface O3 complexes are rarely investigated in catalytic ozonation, which might be one cause of dispute in mechanistic understanding. Herein, In-situ DRIFTS and premixing-standing experiments confirmed the generation of long-lived Mn-O3* complexes upon O3 adsorption on surface Lewis acid sites of α-MnO2. In α-MnO2/O3 system, the oxidation rate of various pollutants showed a good linear correlation with their redox potentials, as well as the energy gap between the pollutants and Mn-O3* complexes. Joint catalytic mechanism experiments and density functional theory calculations revealed that the oxidation of pollutants was boosted mainly because there was fast nonradical intermolecular electron transfer from the HOMO of pollutants to the LUMO of Mn-O3* complexes. This study illustrates the significance of surface Mn-O3* complex in catalytic ozonation and discloses an efficient nonradical catalytic ozonation process that is resistant to pH fluctuation and matrix interference.

A Study of Global Trade War and Its Impact on Indian Economy

A Study of Global Trade War and Its Impact on Indian Economy

Issues of the Russian judicial system in the 1860–1880s in M.N. Katkov’s works

Importance. The conservative trend in Russian social thought of the second half of the 19th century is one of the main goals of research in history science. The views analysis of one of the most prominent Russian conservatives, M.N. Katkov, on the new institutions of the Russian judicial system, the judicial corps after the reform of 1864 reflects the role of a well-known publicist and his influence on the masses and state judicial policy in the era of reforms and counter-reforms. The purpose of the study is to identify issues on a given topic in M.N. Katkov’s works, to describe the main conclusions of M.N. Katkov regarding the Russian judicial system in the 1860s and 1880s.Materials and Methods. The main sources of the study are numerous publications by M.N. Katkov, reflecting his views on the Russian judicial system in the 1860s and 1880s, and in particular on institutions new to the Russian state, law and society: world justice, cassation departments of the Governing Senate, jury trial. Additional sources of the study are the works of Russian scientists of the second half of the 19th century on a given topic. The methodological basis of the study is both general and particular methods of scientific cognition: the structural analysis method, which made it possible to assess changes in Russian society in the second half of the 19th century; the historical-comparative method, with which general and particular conclusions are drawn in the study by comparing different points of view on the Russian judicial system; the historical-systemic method that made it possible to comprehensively analyze the views of Russian researchers in the 1860s and 1880s on the post-reform Russian judicial system, in particular on world justice, cassation departments of the Governing Senate, jury trial; the logical method that allowed to identify the reasons for the change in M.N. Katkov’s views on the Russian judicial system in the 1860s and 1880s; other methods of scientific knowledge are also used.Results and Discussion. M.N. Katkov’s views on the Russian judicial system as a whole, and in particular on three institutions introduced as a result of the judicial reform of 1864: world justice, cassation departments of the Governing Senate, jury trial, are considered. The analysis of publications by a well-known journalist on problematic issues in the activities of these institutions is carried out. The influence of M.N. Katkov’s journalism on the state life of the Russian Empire in the 1860s–1880s is noted, the analysis of the reasons for the change in M.N. Katkov’s views on the Russian judicial system of in the post-reform period is given.Conclusion. The study of M.N. Katkov’s views allows us to present the complex process of struggle between the two main currents of public thought in Russia of the second half of the 19th century (liberals, conservatives) on issues of the Russian judicial system, as well as to note the most problematic and controversial moments in the provisions implementation of the Judicial Statutes of November 20, 1864, to understand the causes of disputes. The conclusion is made about the conflict of the main provisions of the Judicial Statutes of November 20, 1864 with the M.N. Katkov’s autocratic philosophy, which caused a change in the attitude of the famous publicist to the judicial reform carried out in the Russian Empire, and also determined M.N. Katkov’s apologetics in the era of the so-called counter-reforms.

Causes of Disputes in Construction Projects

Disputes are common in construction projects due to their complex nature. However, disputes are costly and it requires more money, time, and resources to find resolutions. By identifying the causes of disputes, project leaders can find measures to prevent or mitigate such possible disputes in construction projects. Therefore, the objective of this study was to identify the major causes of disputes in construction projects. Secondary data from the studies done from 2019 to 2023 were used for this study and the results revealed 50 causes of disputes in construction projects. Further, these causes were categorized into four categories that are client related, consultant related, contractor related, and other causes of disputes. The results of this study show that among the 50 common causes of disputes, 36% is consultant related, and 34% is client related issues. Other than that, 51% of causes of disputes emerge during the pre-contract phase. This study also identified the research gaps and areas that need future studies.

Construction Disputes Causes and Resolution Methods: A Case Study from a Developing Country

The increasing complexity of the construction industry, characterised by diverse multidisciplinary project teams, various stakeholders, distinctive site conditions and uncertainties, can contribute to an antagonistic environment, which may result in disputes arising between the contractual parties. Identifying the most common causes of disputes is important for an efficient contract management process. This study aims to help project stakeholders incorporate consolidative contract management strategies before commencing a new project by identifying the most common causes of construction disputes in Jordanian construction projects. Key causative factors of disputes were analysed through a literature review, a questionnaire survey and a case study analysis of construction projects in Jordan. The results revealed that the main factors leading to disputes in Jordan are incomplete technical drawings/specifications, variations initiated by the owner/consultant (additive/ deductive) and errors and omissions in the contract documents. Moreover, the results show that the most popular methods of dispute resolution in the Jordanian construction industry are negotiation and arbitration. The findings can enable local and international construction stakeholders to initiate contract management strategies before commencing projects. More effective planning can help to reduce the negative impacts of known causes of disputes.

Geopolitical Implications of Transboundary Rivers in South Asia Region

The Contemporary era is Characterised by intensified competition for water resources among the nations,in the twenty –first century’s global order, hydro-politics emerged as a crucial enemy that significantlyimpacted the strategic landscape and national security has become closely linked to several geopolitics’factors. South Asia is grappling with numerous internal issues, the three major river systems the Ganges,Indus, and Brahmaputra River basins serves as the geopolitical tensions in the region. The researchexamines the historical context and ongoing conflicts between India, Pakistan, China, and Bangladesh overthese critical water resources. It investigates the causes of disputes, such as dam development and water-sharing agreements, as well as their implications for regional stability. The analysis emphasizes the criticalneed for collaborative management and long-term solutions to solve water security and promote regionalharmony.

Transboundary fine dust pollution in China and Korea: How has international politics impeded environmental negotiations?

AbstractTransboundary fine dust has been a leading cause of dispute between China and Korea since the mid‐2010s. This study observes that transboundary fine dust is not purely an environmental issue, but rather mixed with political and diplomatic challenges. Despite the emerging bilateral and multilateral efforts to tackle this issue, this research sheds light on how political and diplomatic factors have undermined the outcomes of environmental negotiations between China and Korea. We highlight three dimensions of policy‐based studies: scientific joint research on source‐receptor relationships, interstate environmental negotiations, and multilateral environmental institutions in Northeast Asia. This study argues that transboundary fine dust cooperation has been extensively entangled with national political interests and proceeded via diplomatic channels, leading to the current absence of binding agreements and policy commitments. Therefore, a steady process of de‐linking environmental cooperation and diplomatic fluctuations would be the best direction to proceed in a long‐term perspective.

Effective strategies for resolving labour disputes in the corporate sector: Lessons from Nigeria and the United States

The relationship between an employer and employee though governed by various laws and regulations can still at some point witness some disagreements and dispute. Labour disputes are not uncommon neither are they peculiar to a particular industry in a country. Usually, trade disputes are hinged on agitation of employees for compensation, good working conditions, job stability and agitation against unlawful termination or dismissal of from service. Over the years, employees have adopted different ways to exhibit their discomfort and grievances in order to convey their message such as strike actions, peaceful protest and so on. There’s no doubt that these disputes will drastically reduce the level of productivity and overall beneficial impact of the industries in the economic growth of the country. Hence, there’s a need to adopt strategies for resolving these labour disputes. Some industries have applied round table discussions, arbitration, mediation, collective bargaining as well as grievances remedial processes. This work will provide an overview of the causes of disputes in the corporate sector, examine the features of the Nigerian and United States disputes resolution system and also juxtapose the strategies for resolving labour disputes in the two countries. Furthermore, it will provide recommendations to effectively addressing labour issues within the business sector.

Examining causes of disputes in subcontracting litigation cases using text mining and natural language processing techniques

Disputes are common and widespread in subcontracting practices and would ultimately lead to litigation resulting in significant negative consequences including delay, increased cost, and tarnished reputation of contracting parties. Although considerable studies have analyzed disputes in construction projects, research efforts still fall short in investigating causes of disputes in subcontracting practices. To bridge the knowledge gap, this paper investigated the causes of disputes in subcontracting practices by automatically examining 3150 litigation cases that are publicly available in China using text mining and NLP (natural language processing) techniques. Documents of litigation cases were presented into vectors by data preprocessing and vector presentation. Clustering analysis of the data was conducted by using an improved K-Means model, K-Means++. Finally, 37 causes of disputes were discovered in the subcontracting litigation cases. Results showed that variations due to unforeseen circumstances, labor service issues from subcontractors, disagreement on engineering quantities between subcontractors and other contracting parties, invalid signature of subcontractors for obtaining more payment, payment issues between subcontractors and clients or general contractors, contradictory on the return of performance bond, disagreement on the interest of late payment, and arrears issues suffered by subcontractors were the top eight significant causes of disputes in subcontracting practices in China. This study contributes by systematically exploring the causes of disputes in subcontracting practices using automated text analysis approaches instead of manual content analysis. The findings of this study can provide construction practitioners a deeper understanding of disputes in subcontracting and thereby helping them increase their capacity to handle disputes.

Integration of blockchain in contract management for prevention of construction disputes: a systematic literature review and conceptual framework

Certainty, commitment, and communication are essential requirements which seem to be eluding the existing contracting process giving rise to claims and disputes. Contract management practices continue to be manual and traditional despite the digital and technological developments in construction sector. Blockchain technology is increasingly used in different aspects of the business world with its intrinsic qualities of transparency and security. This research conducts systematic literature reviews in three areas aiming to: analyse the chronic problem of construction disputes, investigate recent methods and tools of contractual dispute avoidance, and provide a compelling rationale for the integration of blockchain technology into the contracting process. While the ‘contract-related’ issues were found to be the leading cause of disputes, a ‘centralized’ hierarchy-based environment was established as one of the key challenges to dispute avoidance mechanisms. Discussion followed by feedback survey from industry experts further validated the literature review results. Based on the findings, an integrated blockchain-based conceptual framework is proposed illustrating a contracting process that is: (1) efficient and transparent; (2) digitally integrated; and (3) trustworthy and secure in execution. The study reviews the existing practices and challenges in contract management and offers an interdisciplinary and novel approach for future research in this domain.

ANALISIS SENGKETA PAJAK ATAS PEMBATASAN PERBANDINGAN UTANG DAN MODAL PERUSAHAAN

This study aims to analyze the causes of thin capitalization disputes after the implementation of related rules (PMK Number 169/PMK.010/2015 (PMK-169)) based on the Tax Court's decision from 2019 to 2022. The research method is qualitative using a triangulation approach by conducting content analysis and documents, interviews and data triangulation using more than one data source over several time periods. The results of the research show that there has been an increase in the number and causes of disputes related to thin capitalization after the implementation of regulations. This is due to the use of a fixed ratio of debt and equity of 4:1 which is seen as not in accordance with the characteristics of the business and does not reflect fairness in business. The cause of the dispute also comes from the weakness of the examiner's correction basis in proving fairness and the existence of tax evasion efforts. This research has implications for efforts to minimize the occurrence of tax disputes in the future, accelerate tax dispute resolution and increase literacy, especially related to thin capitalization in Indonesia.

A PRELIMINARY FRAMEWORK FOR PREVENTING DISPUTES IN DIFFERENT STAGES OF BUILDING CONSTRUCTION PROJECTS

The upward trend of dispute claims and occurrences throughout different stages has detrimentally affected the outcomes of construction projects. Building upon two major themes from a systematic literature review (SLR) study, Principal Component Analysis (PCA) was performed to further group the extensive causes and strategies into several meaningful groups using the Statistical Social Package Science (SPSS) software. Questionnaires were used and issued to three main stakeholders (clients, consultants, and contractors) in the Klang Valley area. This paper presents the PCA findings, which have led to the development of a framework to prevent disputes in different stages of building construction projects. The PCA findings have narrowed down the major contributors of disputes to “Contract-related causes” and “Time-related causes”. PCA analysis has also shown that the three key themes of “Quality-related strategies,” “Business relationship-related strategies,” and “Productivity-related strategies” were the most effective ways to reduce disagreements. It is important to highlight that the findings related to the causes of disputes during the planning stage consistently align with those of a prior study. This underscores the importance of ethical conduct, particularly during the planning phase and, more specifically, within the tendering process.

Causes of disputes in the construction industry – a systematic literature review

PurposeThe construction industry is complex, human-intensive and driven by monetary values. Hence, disputes are widespread. Initial conflicts among parties may develop into a disastrous dispute that costs the project success and good relationships and affects stakeholders' expectations. There has been a focus on causes of construction-related disputes, and studies over the past three decades have attempted to identify a more comprehensive list of reasons for disputes. Some of these studies' limitations were geographical, project delivery methods and project types. The purpose of this study is to identify the most recent and conclusive list of causes of disputes based on current literature by undertaking a systematic literature review (SLR).Design/methodology/approachConsidering the large number of studies that focused on causes of disputes, this study aims to develop a comprehensive list of causes, using a SLR, as it ensures that all previous articles in multiple databases are reviewed to produce a comprehensive outcome. A six-stage SLR was followed from background study to analysis and reporting.FindingsNot surprisingly, the number of publications has increased over time, most from the Middle East region. The interconnected nature of the causes was widely emphasised. The SLR has produced eight common core causes of disputes. They are: poor contractual arrangements, employer-initiated scope changes, unforeseen site changes, poor contract understanding and administration, contractor’s quality of works, the inability of the contractor to achieve time targets, non- or delayed payments and poor quality of design. The majority of previous authors realised that disputes could be avoided by parties’ involvement during the early stages, avoiding being opportunistic and acting collaboratively.Originality/valueEven though numerous studies have been carried out to identify the causes of disputes in the construction industry, none did a SLR. This study aggregates all the previous studies that focused on construction-related disputes systematically. Categorising causes based on the party primarily responsible help various stakeholders by providing a distinct list of factors to avoid that contribute to disputes.

Data-Driven Analysis of Construction Bidding Stage–Related Causes of Disputes

Construction bidding is a complex process that involves several potential risks and uncertainties for all the stakeholders involved. Such complexities, risks, and uncertainties, if uncontrolled, can lead to the rise of claims, conflicts, and disputes during the course of a project. Even though a substantial amount of knowledge has been acquired about construction disputes and their causation, there is a lack of research that examines the causes of disputes associated with the bidding phase of projects. This study addresses this knowledge gap within the context of infrastructure projects. In investigating and analyzing the causation of disputes related to the bidding stage, the authors implemented a multistep research methodology that incorporated data collection, network analysis (NA), spectral clustering, and association rule analysis (ARA). Based on a manual content analysis of 94 legal cases, the authors identified a comprehensive list of 27 causes of disputes associated with the bidding stage of infrastructure projects. The NA results indicated that the major common causes leading to disputes in infrastructure projects comprise inaccurate cost estimates, inappropriate tender documents, nonproper or untimely notification of errors in a submitted bid, nonproper or untimely notification of errors in tender documents, and noncompliance with Request for Proposals’ (RFP) requirements. Upon categorizing and clustering the causes of disputes, the ARA results revealed that the most critical associations are related to differing site conditions, errors in submitted bids, unbalanced bidding, errors in cost estimates, and errors in tender documents. This study promotes an in-depth understanding of the causes of disputes associated with the bidding phase within the context of infrastructure projects, which should better enable the establishment of proactive plans and practices to control these causes as well as mitigate the occurrence of their associated disputes during project execution.

CAUSES OF CONTRACTUAL DISPUTES IN CONSTRUCTION PROJECTS

This article reports on the main causes of contractual disputes in Chilean construction projects, a subject not much studied in the country. The research included an extensive review of international literature looking for the main causes of contractual disputes in construction as a reference and framework. Then, a detailed study of 98 dispute arbitrations processes of construction projects was carried out in search of the main causes of disputes. It was found that the main causes of contractual disputes were those related to the category of design and information and that the most frequent cause in general was non-payment or delay in payment. This result is consistent with causes of contractual disputes as reported in international literature. From the 98 arbitrations studied it was possible to establish that the duration of an arbitration was 531 days on average, but that this depends on the cause of termination of the arbitration. It was also observed that the amount requested from the arbitrator by the plaintiff was 80% of the original amount of the contract on average and that the compensation after the sentence was 28% on average of what was initially requested. This information might be useful for companies that anticipate carrying out construction works in Chile and in Latin-American countries to reduce the potential for claims in their works.

Dispute Classification in Construction Projects Based on Litigation Cases

Disputes in construction projects arise due to failure to address their root causes and lack of procedures for dispute avoidance and mitigation. Courts are facing a growing number of construction-related lawsuits that hinder the resolution processes with negative impact on the project completion. This study was an attempt to define major causes of disputes in construction projects from a review of 177 selected litigation cases in the Kuwaiti courts. Dispute sources in construction were classified into four categories: abnormal conditions, financial situation, project delay, and project management. Statistical analysis was conducted to rank the severity of dispute sources. For verification of results, construction experts were interviewed. A regression model was used to predict the disputed claim value. The most severe dispute sources were ranked according to the following: payment delay, contract documents (incomplete information, conflict of interest in both parties, noncompliance, unawareness), main contractor time delay, and owner time delay. It is hoped that results open avenues to a clearer understanding of the causes of disputes in contractual agreements in the construction industry, as well as identify areas to mitigate dispute occurrences. Because the scope of the research was limited to Kuwait, findings of this investigation may lead to a more in-depth investigation of other court scenarios of similar nature from the other parts of the Gulf region.

FACTORS CAUSING DISPUTE IN CONSTRUCTION INDUSTRY: CONTRACTORS’ PERSPECTIVES

Construction dispute contributing to the involvement of billions US dollars in lawsuits and Asia was reported as the continent that had the highest dollars involved. Sarawak, the largest state in Malaysia, faced similar issues and such dispute had been reported in leading to cost and time overrun on the multiple large-scale construction projects. This research investigates factors causing dispute within Sarawak construction industry, by targeting G7 contractors, who has no limitation in handling the scale of project, by using simple random sampling method. Eighty-six contractors responded to the online questionnaire, amounting to 34% valid response rate. Descriptive statistics and Mann-Whitney U-test were used to investigate the viewpoint of respondents. The findings revealed that delay issue as the key cause of dispute to the contractors in Sarawak. Mann-Whitney U-test showed statistical significant differences on the perspectives of contractors between less than or equal to 10 years working experiences and more than 10 years experiences on four causes: poor cost management, finance issue, delay issue and different interpretation of contract provisions. This research could serve as a guideline for the contractors in handling dispute to improve construction companies’ profit margin and construction projects’ efficiency.

Judicial protection of the right to public discussion

The article summarizes the national judicial practice regarding the realization of the territorial community's right to public discussion, public hearing in the sphere of urban planning. It was found that the concepts of «public hearing» and «public discussion» are not identical and are related to each other as a part and a whole, which determines the diff erent functional authority of the territorial community in the process of their practical implementation. It has been established that the causes of disputes in the aspect of the implementation of the territorial community's right to public discussion, public hearing in the sphere of urban planning activities are: non-compliance with the legally established procedure by one of the parties to the court process, in particular, by the local self-government body, its officials or members of the territorial community; different interpretations of the content of legal documents, the subject of which are the legal regulation of such procedures; procedural multifaceted nature of the territorial community's right to public discussion, public hearing. Court practice shows that the institution of public hearings requires members of the territorial community not only to express their disagreement with the decision or draft decision of the local self-government body on certain issues in the sphere of urban development, but also to provide a legislative justification for their position, which proves that their legal rights and interests have been violated. in this legal relationship. In their decisions, national courts state the need for systematic compliance with a step-by-step algorithm for the procedural implementation of the territorial community's right to public discussion and public hearing in the sphere of urban planning. Key words: territorial community, local self-government, public discussion, public hearing, urban planning activity.

Legal Reconstruction on Reasons for Filing Divorce due to Acts of Household Violence Based on Justice Value

Marriages carried out between husband and wife, sometimes cannot run as the purpose of marriage. If it cannot be maintained, then the path taken is divorce. In Article 19 Paragraph (4) states that the reason that can be used in filing for divorce is that one party commits cruelty or severe abuse that endangers the other party which is also a form of domestic violence and can be the cause of disputes and conflicts that occur in the household. Acts of domestic violence are not limited to physical violence in the form of abuse such as: slapping, hitting, kicking and even killing. As for the form of persecution that is psychological or psychological violence. Research Objectives: To analyze what are the current weaknesses in the Regulation on Reasons for Filing Divorce Due to Domestic Violence; To find out how to reconstruct the Law on Reasons for Filing Divorce Due to Domestic Violence based on justice. The research method uses the Constructivism Paradigm with non-doctrinal legal research with an empirical juridical approach. The study results show that (1) Weaknesses in the Regulation on Reasons for Filing for Divorce Due to Domestic Violence. Weaknesses in a legal substance: Elucidation of Article 39 Paragraph (2) of the Marriage Law and Article 19 letter d of Government Regulation 9 of 1975 only provides rules for physical violence. Weaknesses in the legal structure: The weak mentality of law enforcement officials results in law enforcement not working as it should. Weaknesses in legal culture: Domestic violence is a problem that is closely related to gender bias which is common in patriarchal societies. (2) Reconstruction of Regulations on Reasons for Filing Divorce Due to Acts of Domestic Violence. The formulations in Article 39 Paragraph (2) and the Explanatory Articles of the Marriage Law do not contain forms other than physical violence, such as psychological violence and sexual violence.