Disadvantages Of Arbitration Research Articles

PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL DILUAR PENGADILAN MELALUI ARBITRASE

Arbitration provides a procedure or process for resolving disputes peacefully and out of court. Arbitration opportunities for the sustainability of industrial relations in Indonesia are minimal things that will be implemented by all disputing parties because the community prioritizes settlement in terms of winning or losing through court settlements. It is very important that there are ways to support this arbitration as an option for resolving industrial disputes so that it is of interest to the public. The research method used in this study is a normative juridical research method with a descriptive approach, with the aim of providing direction and finding logical realistics by looking at library materials or other information using primary and secondary data. The results obtained from the conclusion of this discussion are the knowledge of the mechanism of arbitration in the settlement of disputes in the field of industrial relations and the advantages and disadvantages of arbitration in resolving problems in the field of industrial relations.
 Keywords: Arbitration, Industry, Disputes.

ARBITRAGE, AN EFFICIENT ALTERNATIVE FOR RESOLVING TRADE DISPUTES IN ALBANIA, COMPARATIVE OVERVIEW WITH AUSTRIA, ARMENIA, ARGENTINA AND BULGARIA.

Arbitration is a new form of dispute resolution in the commercial field in Albania. Economic development has led many international companies to invest in Albania. This topic will focus on the concept of arbitration as the public interest in recognizing this new form of dispute resolution is broad, but what never changes is the argument as to why we turned to arbitration. The parties set the arbitral tribunal in motion and as such have the burden of proof to prove that their claims are based on facts and evidence. Of particular importance in this paper will be the advantages and disadvantages of arbitration as a way of resolving disputes. Another special aspect where we need to dwell will be the contribution of national courts in resolving arbitration disputes. This paper will deal extensively with the place it occupies in Albanian legislation. An important place of this paper will be the analysis of practical cases as a way of combining theory and practice. It would be of particular interest to make comparisons between Albanian legislation and Austria, Argentina, Armenia and Bulgaria. The reason for this comparison is to bring about a radical change in the resolution of trade disputes through arbitration. An important place of this paper will be the analysis of practical cases as a way of intertwining theory and practice. It would be of particular interest to make comparisons between Albanian legislation and Austria, Argentina, Armenia and Bulgaria. The reason for this comparison is to bring about a radical change in the resolution of trade disputes through arbitration. An important place of this paper will be the analysis of practical cases as a way of intertwining theory and practice. It would be of particular interest to make comparisons between Albanian legislation and Austria, Argentina, Armenia and Bulgaria. The reason for this comparison is to bring about a radical change in the resolution of trade disputes through arbitration.
 Albania needs the recognition of arbitration as an opportunity to resolve the dispute as every action affects the image of the company but also of our country. Models from different countries will help us bring a new but above all efficient approach

Arbitration Involving Governmental Entities

The paper aims to provide an overview of the main issues related to the participation of governmental entities in arbitration proceedings. First, the advantages and disadvantages of arbitration as a model of conflict resolution are analyzed. Subsequently, a number of issues of particular relevance are discussed, such as the waiver of the prerogatives of the public authorities in the drafting of the arbitration agreement, political deflection, public policy, neutrality and interagency arbitration.

The advantages and disadvantages of arbitration in relation to the regular courts in Kosovo

The purpose of this article is to identify advantages and disadvantages of arbitration in relation with regular courts in the Republic of Kosovo, in both the national and international aspect. In general, arbitration is more flexible and provides more privacy than litigation. An arbitration case provides more privacy than litigation. Arbitration participants can agree to keep the final resolution and sensitive information completely private. The disputes arising in the arbitration may be identified and resolved by specialized professionals in the particular fields as the list of arbiters consists of those who have professional background in certain majors. This article will be a comprehensive reference work on arbitration, considering that it has only been present in the Republic of Kosovo since 2010. In the framework of the institutional arbitration, the founding institutions of arbitration decide on the costs of the arbitration procedure so that the parties know the costs from the outset. Based on the decision on the costs of the arbitration procedure, the settlement of disputes in arbitration is less costly than in regular courts, as in some cases, court proceedings in regular courts last longer.

Resolution of commercial disputes through arbitration as a contributor to improvement of business environment in Serbia

The paper presents a brief overview of selected arbitration-related issues (legal framework for arbitration, different types of arbitration, arbitration agreement, arbitrators, seat of arbitration, law applicable to the arbitration proceedings and merits, arbitration award, costs), in light of contemporary arbitration trends and practices and with special emphasis on Serbian legislation and existing arbitral practice in Serbia. Furthermore, it provides readers with drafting considerations when agreeing to arbitration, and comparative analyses of advantages and disadvantages of arbitration, as dispute resolution mechanism which can, in authors' view, significantly contribute to reduction of transaction costs and overall improvement of business environment in Serbia.

Legal and Procedural Strategies for Employees Utilizing Arbitration for Statutory Disputes

This article § reviews the current United States law regarding arbitration of statutory disputes in the nonunion employment setting. The article is a literature review and offers no new research findings but rather focuses on the important legal and procedural strategies employees may use throughout the arbitration process. The article specifically advises the reader on selection of an attorney, selection of an arbitrator, selection of a third party administrator, the discovery process, and the requisite hearing procedure. Possible challenges to the arbitration process are also discussed. In addition, the article focuses on the advantages and disadvantages of arbitration from an employee's point of view.

Obtaining Evidence from Third Parties in International Arbitration

INTERNATIONAL ARBITRATION is compared against court proceedings as to factors such as time, cost, effectiveness and enforceability. In an article published recently we reviewed how documents could be obtained from adverse parties in international arbitration.1 This article deals with obtaining evidence from third parties, which to some practitioners is one of the disadvantages of arbitration. There are two basic types of evidence: first, documentary or physical evidence that is in the possession of the third party; second, testimony of third parties or employees of third parties. With respect to each type of evidence, there is also an issue as to the timing and enforcement of rights to obtain evidence from third parties. To date, the discussion of these issues has been limited, but the issues are becoming more important as international arbitration and its relation with national courts evolves. The IBA Rules of Evidence in International Commercial Arbitration of 1999 (the ‘IBA Rules of Evidence’) refer to the possibility of obtaining evidence from third parties in arbitrations, but where permitted by national law.2 Since international arbitration involves national law of several different countries, the issue becomes which national law is relevant and when. Obtaining third party evidence usually depends on the law of the place where the arbitral hearings are held (the ‘Law of the Hearings’). One expects most hearings to take place at the seat or place of arbitration.3 For such hearings the law of the country of the seat of the arbitration is relevant (the ‘Law of the Seat’). However, in obtaining evidence from third parties, it may be necessary or helpful for the tribunal to hold hearings in a country or several countries other than that of the seat of the arbitration. Such hearings are permitted by most arbitration rules and will probably be …

Arbitration: Survey on User Satisfaction

Disputes are common in the construction industry. In an ever more litigious society, many of these disputes find their way to the courtroom. Alternatively, many disputes are settled through arbitration—one of several dispute‐resolution methods available. Although several surveys have been taken of attorneys who are involved in the arbitration process, none has examined the contending parties' satisfaction with the process. This paper reports on the results of a survey sent to parties who have arbitrated a dispute to conclusion during a two‐year period from 1986 to 1987. Four general areas of the survey are discussed: arbitrator qualification and performance; administrative procedures; cost of arbitration; and relative advantages and disadvantages of arbitration. Overall, our survey shows the parties to be satisfied with the process. One significant area of dissatisfaction that surfaced was that parties want to see findings of fact to understand the arbitrators' reasoning. This and other issues are discussed along with recommendations for future study.

Resolving International Tax Disputes through Arbitration

this article addresses the issue of resolving international tax disputes through arbitration.1 The first part discusses current methods of resolving international tax disputes with particular emphasis on the operation of the mutual agreement procedure. The second part focuses on cases where arbitration has been used in settling international tax disputes, and examines the advantages and disadvantages of arbitration as an alternative or complement to the mutual agreement procedure. Given an increasingly transnational world economy, and an unprecedented high level of exchange of goods, services and capital among countries, international tax problems have multiplied and become all the more significant. The growing number of international tax disputes made it urgent to find efficient and speedy means of dispute settlement. The fact that, in most international tax conflicts, at least one of the parties is a sovereign nation adds unique and highly complex features to the dispute settlement process in the taxation field. Among other means of settling disputes, the mutual agreement procedure clause, a standard clause in most tax treaties, has played an important role in resolving international tax disputes and in implementing and interpreting tax treaty provisions. By permitting the so-called ‘Competent Authorities,’ in the name of their respective jurisdictions, to communicate directly without going through complex diplomatic channels, the mutual agreement procedure provision has proved instrumental in establishing a basis for flexible means of communication between and among tax jurisdictions. Recently, a series of difficulties has arisen in the operation of the mutual agreement procedure. This has led to suggestions on ways to improve the procedure. In 1986, the International Tax Institute celebrated its anniversary by organising a seminar on an unusual topic. The Institute conveyed to New York City representatives of the Competent Authorities of Canada, France, West Germany, Japan, the United Kingdom and the United States …