Determination Of Disputes Research Articles

The Lost Precedents of Arbitration

Concerns have been expressed that commercial common law is not developing as it should due to disputes being resolved by confidential international commercial arbitration where the majority of awards are not published, and the resultant lack of precedents. This has contributed to questions of the legitimacy of international commercial arbitration and whether the rule of law is being undermined by the non-publication of awards or by the diversion of disputes to arbitration rather than litigation. This article examines the meaning of precedents in this context and the approximate number being ‘lost’ to international commercial arbitration compared to those made in authoritative common law superior courts of record. It suggests that the number of awards of precedential value (APV) is small compared to the volume of commercial judgments of those courts, and that the perceived loss of precedents does not support either publication of awards nor determination of disputes by courts rather than by tribunals. Precedent might instead be enhanced by a wider right of appeal from awards and by publication of the appeal decisions. precedent, precedential value, award publication, arbitration appeals, law development, settlement pressures, litigation vs arbitration, court reporting, Lindley principles, rule of law

Conflicts in contemporary Asia – theoretical approach

The article attempts to theoretically systematize conflicts in contemporary Asia. At the beginning, attention was paid to the cultural and civilizational determinants of disputes and tensions in the region, which have a direct impact on the sphere of political activity of individual states. It has been found that ethnic and religious heterogeneity is the cause of tensions in Asia in most cases. The critical role of the United States in creating new security architecture across the Asian region has been determined. At the same time, it has been emphasized that multifaceted diversity is not always at odds with conflict-free development and stability. The exemplification of this hypothesis is Malaysia – a country of three cultures (Islamic, Chinese and Hindu). This country gives an example for the whole Asia that diversity does not mean the fatalism of internal conflicts. Malaysia can be an inspiration, especially for the Islamic civilizational circle.

Briefing: The UK Construction Act process plant exclusion

The UK Housing Grants, Construction and Regeneration Act 1996 Act imposed mandatory terms upon many construction contracts regulating payment and providing for interim determination of disputes by means of adjudication. Section 105(2) of the Act excluded from this regime certain construction operations at many process and engineering facilities, for example, at sites where the primary activity is power generation. A decision of the Technology and Construction Court, Cleveland Bridge (UK) Ltd v. Whessoe-Volker Stevin Joint Venture, has clarified the scope of this exception. The Court decided that the excluded operations were to be narrowly construed. This may mean that where the contract work includes the supply and assembly of plant, only the operation of assembly or installation of the plant will be excluded from the ‘reach’ of the Act. If the intention at the time of the 1996 Act was that both supply and installation of plant and machinery at such sites was to be excluded then it seems that the drafting may not have achieved that. The 1996 Act has been amended in other respects by the Local Democracy, Economic Development and Construction Act 2009 but not in this respect.

Alternate to Alternatives: Critical Review of the Claims of ADR

Discords are bound to arise in society and ingenious human minds have always devised ways and means for resolution of conflicts. The phenomenon, law, itself can be seen as a result of the quest to address potential problems. Nature has endowed people with rationality and they have constantly attempted to discover methods of establishing a cohesive society. Dispute resolution is one of the major functions of a stable society. Through the medium of the State, norms and institutions are created to secure social order and to attain the ends of justice or the least to establish dispute resolution processes. States function through different organs and the judiciary is one that is directly responsible for the administration of justice. In commonplace perception judiciary is the tangible delivery point of justice. Resolving disputes is fundamental to the peaceful existence of society. Therefore, effective and efficient systems for determination of disputes become an obvious appendage. This working paper, to begin with, offers a macro understanding of the dispute resolution methods existing in India. The emerging trend of Alternative Dispute Resolution (ADR) will be the focus of the next section of the paper. The rationale of the ADR movement will be critically explored to assess its usefulness in terms of realising the ends of justice in the last part.

Protestations to Parliament for Remeid of Law

The Articles of Union approved by the parliaments of Scotland and England in 1707 provided for the preservation of the private law of Scotland and for the determination of disputes arising north of the border in Scottish courts. At the same time, however, the Articles not only allowed for the amendment of the law by legislation enacted at Westminster but also left open the possibility of appeals being made to the British parliament against decisions delivered in Scottish courts. The Articles did not allow explicitly for appeals, but nor did they prohibit them, and dissatisfied litigants, by exercising the privilege asserted in the Claim of Right to protest for remeid of law against decisions of the lords of council and session, enabled the upper house of the new parliament to substitute its decisions for those delivered by the supreme civil court in Scotland. This much has long been understood by historians of Scots law, as has the significant impact the opinions expressed by English judges in the House of Lords came to have on the development of the modern law. Yet what has never been properly understood is the nature of the protestations for remeid of law from which appeals to the British parliament emerged. Detailed study of these protestations in the years before and immediately following the union reveals that they were conceived of in several different ways and that their nature was never clearly defined. Nevertheless, it also tends to confirm that there is some basis for the common suspicion that appeals were not intended to be made to the House of Lords in the way that they have been.

Labor Law. Railway Labor Act. Availability of Injunction Restraining Strike Pending Determination of Disputes by National Railroad Adjustment Board

Labor Law. Railway Labor Act. Availability of Injunction Restraining Strike Pending Determination of Disputes by National Railroad Adjustment Board

Organization and Collective Bargaining in the Local Mass Transportation Industry in the Southeast

The local mass transportation industry is defined as the intracity transportation of passengers by bus, street car, electric trolley coach, or rapid transit vehicle operating on regular schedule. It excludes that part of intracity transportation moved by taxi or automobile for hire. It also excludes intercity bus or electric railway operation. The industry includes over 700 operating companies significant enough to report to the Trade Association, which claims to represent 85 per cent to 95 per cent of the industry, of which about 650 have over 25 employees in the key classification of vehicle or bus operators.' The industry as a whole employs about 240,000 workers.2 Average hourly earnings in the industry as a whole were, in April 1948, $1.293.3 Many of the larger units in the industry are municipally owned, including the principal systems in New York, Boston, Cleveland, Detroit, Chicago, Seattle, and San Francisco. Of incidental interest is the fact that the charters or ordinances governing these municipally operated systems frequently make specific provision for normal collective bargaining processes, and if necessary arbitral or quasi-arbitral determination of disputes of terms of the collective bargaining agreements. The trend toward municipal ownership has not, however, extended to the Southeast in any large measure. All of the larger southeastern systems are still privately owned. Only a very few of the smaller, such as St. Petersburg, Florida, are publicly owned. Many of the public transportation systems were originally operated by private power companies. In the areas outside the South, most of the power companies have divested themselves long since of their transportation operations. In the South, however, this process is still in progress. Among the power company operated transportation systems in the South are those in Charlotte, Greensboro, Durham, High Point, Salisbury, Winston-Salem, and Raleigh, North Carolina;