Dispute Resolution Research Articles

Peran Lembaga Adat Tigo Luhah Semurup dalam Penyelesaian Sengketa Tanah Warisan di Semurup

This research aims to describe the role of the Tigo Luhah Semurup Traditional Institution in resolving inherited land disputes in Semurup, as well as revealing the supporting and inhibiting factors of the Tigo Luhah Semurup Traditional Institution in resolving inherited land disputes in Semurup. The type of research used is qualitative research with descriptive methods. Determining research informants was carried out using a purposive sampling technique, namely informants were determined by researchers to obtain the required information, namely informants who were considered to know, understand and have experience related to this research. Data collection techniques and tools are carried out by means of observation, interviews and documentation. The tools used were observation sheets, interview guides, and cameras. Testing the validity of the data uses source triangulation. Data analysis techniques are data collection, data reduction, data display and drawing conclusions.The results of the research show that the role of the Tigo Luhah Semurup traditional institution in resolving land disputes, it has been very good, this can be seen from the fact that almost all disputes resolved in traditional institutions have been successful, as for the role of the Tigo Luhah Semurup traditional institution as a mediator, facilitator and decision maker. Then there are several factors that hinder the Tigo Luhah Semurup traditional institution in carrying out its role, including; 1) Difficulty in calling/inviting disputing parties to deliberation, 2) Limited budget so that the customary justice process does not run optimally, 3) low commitment from members of traditional institutions in resolving disputes.. However, there are several supporting factors for the Tigo Luhah Semurup traditional institution in carrying out its role, including; 1) the presence of experts and intellectuals in the dispute resolution process, 2) good communication head of traditional institutions, 3) the existence of social legitimacy for the Tigo Luhah Semurup traditional institution.

Determinants of Domestic Violence during Pregnancy: A Case-Control Study

Background: Due to the importance of the issue and the fact that up-to-date studies in this topic have not been conducted in Yazd city, the present research was conducted to investigate and determine the intensity and frequency of domestic violence among pregnant women. Methods: This was a cross-sectional and descriptive study and sampling was done by simple random method. pregnant women referred to health centers in Yazd in 2021 participated in the study. For the study, 246 pregnant women were selected from 3 health centers in Yazd city in 2021. The tool used for the study was the standard questionnaire known as the Revised Conflict Tactics Scales (CTS2). This questionnaire was utilized to assess domestic violence, measures of dispute resolution, and demographic characteristics. After inputting the data into the SPSS version 26, Mann-Whitney and Kruskal-Wallis non-parametric statistical tests were used for data analysis. Results: The results showed that the average age of women was 31.47 ± 7.68 with a minimum age of 17 and a maximum of 55. The severity and frequency of the types of violence were measured, and the types of violence in the extreme state related to physical, mental, sexual, and verbal violence and resulting in physical injury were found to be 10%, 25%, 7%, 10%, and 19% respectively. Violence against pregnant mothers showed a significant relationship with the economic status of the family, the age of the mother's marriage, the education level of the parents, and the duration of their marriage (p<0.001). One of the most important variables affecting the severity and frequency of violence against pregnant women was the economic status of the family (p<0.001). Conclusion: The findings of this study show a connection between education level, economic status, and the prevalence of domestic violence. It is suggested to prioritize the development of diverse communication and problem-solving skills, as well as education related to family behavior on a wider scope.

ONLINE DISPUTE RESOLUTION IN UKRAINE: EXPECTATIONS AND REALITY

Background: As digital interactions and transactions grow, people are more inclined to participate if they feel secure and assured of fair procedures. However, online dispute resolution is still rarely used in Ukraine due to a lack of regulations. This research article provides a legal analysis of online dispute resolution (ODR) in Ukraine, concentrating on defining the ODR landscape, as well as on considering its potential in e-commerce and traditional court proceedings. Besides, the article presents a vision and proposals for the future adoption of European laws in Ukraine while discussing the current challenges in the online justice system that hinder its successful implementation. As a result, the article emphasises the need for an adequate legal instrument to regulate ODR in Ukraine, particularly in the context of e-commerce. It highlights the importance of implementing EU legislation, developing ODR platforms and ADR institutions, and ensuring their decisions are binding. It also addresses the challenges related to remote hearings in the judiciary during different circumstances and suggests adopting cloud-based case management to improve efficiency and reduce the risk of document destruction. Methods: The research methodology for this study on online dispute resolution in Ukraine included a comprehensive literature review, a comparative analysis of ODR systems in European countries, and a systems analysis to forecast the future trajectory of ODR in Ukraine. This approach aimed to assess the current state of ODR in Ukraine, identify areas for improvement, and explore potential achievements and challenges in its implementation. Results and conclusions: The article concludes that Ukraine is in the process of establishing a legal framework for online dispute resolution, which is expected to progress further after the war. The implementation of EU legislation and the development of ODR platforms and ADR institutions are crucial, along with ensuring accessibility for all, including vulnerable groups without internet access. Related to online courts, it is necessary to address challenges such as judges' absence during remote hearings. It is also recommended that the process be expedited and the risk of document loss internally in the case management system minimised.

Sulh as an Instrument of Alternative Dispute Resolution (ADR): Practice in Syariah Court of Negeri Sembilan

Sulh as an Instrument of Alternative Dispute Resolution (ADR): Practice in Syariah Court of Negeri Sembilan

The Role of Community Traditional Institutions in Dispute Resolution in Multicultural Communities

Indonesian society is pluralistic, consisting of various ethnic groups, religions, and customs. This diversity can trigger various disputes in multicultural societies. This research aims to analyze the role of societal institutions in dispute-resolution efforts in multicultural communities. This study uses a qualitative research method with a literature study approach, focusing on societal institutions as the primary subjects, specifically their role and effectiveness in managing disputes. Data from various sources were analyzed in three stages: data reduction, presentation, and conclusion drawing. The research results show that society institutions play a significant role in resolving disputes through mechanisms such as deliberation for consensus, customs, and customary sanctions. Strengthening the role of these institutions is essential for maintaining social harmony by increasing community understanding of customary law and building synergy between customary institutions and state law.

Enforcement of consumer rights protection laws and intention to reuse digital financial services among Generation Z youth: Empirical evidence from Vietnamese commercial banks

Digital financial services are crucial in boosting the competitive edge of businesses and economies in numerous developing nations. This study aims to explore the factors that affect consumers’ perceptions of the implementation of consumer protection laws and their willingness to continue using digital financial services. Data were collected through interviews with 689 Gen Z consumers (born after 1996) who have used digital financial services in Vietnamese commercial banks. The results of the partial least square – structural equation modeling indicate that six factors influence attitudes toward the enforcement of consumer protection laws, in descending order: perceived benefits, understanding of legal regulations, perceived asymmetry, perceived risk, understanding of technology and digital finance, and understanding of dispute resolution. Additionally, attitudes toward law enforcement, as well as understanding of technology and digital finance, positively impact consumers’ intention to reuse digital financial services, while perceived risk has the opposite effect. Furthermore, all six independent factors impact the intention to reuse digital financial services through the mediating role of attitudes toward the enforcement of consumer protection laws. The study’s findings also lay the groundwork for policy recommendations for legislative authorities and strategic guidance for service providers and consumers in emerging markets in the future. AcknowledgmentThis study is the result of collaboration between researchers from the University of Law, Hue University, and School of Business and Economics, Duy Tan University. The authors would like to thank both institutions for their support and facilitation in the publication of this research. This study was conducted under project code DHH2024-12-85, Decision No. 298/QĐ-ĐHH dated March 27, 2024, issued by the Director of Hue University.

Medical arbitration court: status and perspectives

Abstract. More than forty years ago, medical courts, which are arbitration tribunals (arbitration) for resolving medical malpractice disputes, emerged in the United States, while they remain relatively little known in our country. The problem of the study is the legal nature of medical disputes, the object is medical arbitration as a medico-legal phenomenon, the subject is the effectiveness of arbitration in resolving medical disputes. The issue of arbitrability, i.e. the admissibility of arbitration of a dispute: arbitration clauses are often challenged on the grounds that a patient could not reasonably express his or her will due to a medical condition. Despite conceptual difficulties, medical arbitration has been actively developed in the US since the 1980s. Its proponents emphasise a number of advantages over conventional litigation: speeding up the process, compensating a wider range of patients, reducing attorney fees, and improving patient safety. Opponents see as disadvantages the insufficient professional level of arbitrators, simplification of proceedings and its reduction to compensation payments, lack of connection between the activities of medical courts and improvement of the quality of medical care, transformation into an administrative procedure, "privatisation" of arbitration by large corporations. Some countries (South Korea, Indonesia, Mexico) implement arbitration in their country, but its results are rather modest. In Russia, medical disputes are characterised by increased complexity due to certain legal conditions. Alternative dispute resolution procedures are practically not used, and medical arbitration is expressly prohibited by the Code of Civil Procedure.

Arbitration and Wrongful Termination Claims: An Evaluation of Fairness and Efficiency in Labour Dispute Resolution

This paper shall review the position of arbitration in wrongful termination claims, especially regarding its effectiveness as a system of labour relation dispute resolution. Employment disputes specifically wrongful dismissal lawsuits stem from contractual breaches and violations of labour laws which may take time and cost a lot of money. Arbitration is seen as a suitable process for resolving disputes more effectively because it is faster, slightly cheaper, and does not attract public attention. As is to be expected there are some problems, some minor issues to be addressed. As for the problems the main issue regards the nature of arbitration and the fact that a major principle against it is the imbalance of power between employers and workers. Used in the study is both a synthesis of the current literature and qualitative interviews conducted with stakeholders, namely, arbitrators, legal commentators and employees. The implication herein is that while arbitration is effectiveness-oriented, it lacks procedural equity which is overshadowed by employer-biased scales. Based on the findings of this paper, this paper asserts that while using arbitration as a means of minimizing the time and money spent on wrongful termination claims, changes should be made in an effort to tackle the issues of partiality and bias.

Flexible sovereignty and contested legality: The overseas employment and legal struggles of Chinese workers

The surge in Chinese overseas investments has increased the transnational movement of Chinese workers. While much literature explores the interactions between Chinese managers and local workers in host countries, the dynamics between Chinese employers and Chinese workers abroad remain under-examined. This paper employs the conceptual frameworks of flexible sovereignty and contested legality to examine the distinctive norms and practices in labor recruitment, management, and dispute resolution emerged through overseas employment. Through a critical review of lawsuits between returned Chinese workers and their Chinese employers in Chinese courts – originating from the top five African countries receiving Chinese labor (Algeria, Angola, Nigeria, Ethiopia, and Equatorial Guinea) – the analysis reveals new spatialities and temporalities of sovereign control exerted by globalized Chinese companies over overseas workplaces and migrant workers. Overseas employment marks a complex process of coupling and decoupling among various forms of Chinese capital and labor. Three mechanisms of corporate sovereign control are identified: the delineation of workplaces and workers' bodies as spaces of exception, the flexibilization of working hours and job tenure, and the politics of delays in wage disbursement and dispute resolution. These mechanisms provoke contentious debates during court proceedings and result in uneven judicial outcomes for Chinese workers.

A EXIGÊNCIA DE POLÍTICAS PÚBLICAS PARA A CONTENÇÃO DA LITIGÂNCIA PREDATÓRIA

This article aims to analyze the phenomenon of predatory litigation, which consists of the abusive use of the Judiciary with the intention of causing financial harm to third parties. Initially, the history of predatory litigation in the United States is presented, with the creation of antitrust laws and jurisprudence on the subject. Next, the metaprocedural effects of predatory litigation are addressed, which go beyond the judicial decision and may have strategic motivations. The article also analyzes the perception of the phenomenon by the Brazilian Judiciary, with the identification of emblematic cases and the adoption of measures to curb this practice. Finally, public policies are proposed to address predatory litigation, with an emphasis on awareness, prevention, institutional strengthening, and the promotion of alternative dispute resolution methods. The goal is to contribute to the construction of a more efficient and fair justice system, capable of curbing the abusive use of the Judiciary.

DISPUTE BOARDS COMO MEIO DE RESOLUÇÃO DE CONFLITOS NA LEI DE LICITAÇÕES E CONTRATOS ADMINISTRATIVOS (LEI N. 14.133/2021): A IMPLEMENTAÇÃO DOS DISPUTE BOARDS NOS CONTRATOS ADMINISTRATIVOS

This article analyzes the application of Dispute Resolution Committees as a means of resolving conflicts in administrative contracts, focusing on the Law on Tenders and Administrative Contracts (Law no. 14,133/2021). Dispute Boards emerge as a preventive and effective tool to deal with the complexity and high amounts involved in public contracts, such as concessions and public-private partnerships (PPPs). The study addresses the origin and concept of Dispute Boards, their preventive and resolutive action in contracts, and their increasing use in the public sector, highlighting the challenges and limitations in this context. Furthermore, it deals with Dispute Boards compared to other conflict resolution mechanisms, such as arbitration and mediation, comparing their advantages and advantages. Finally, areas for future research are suggested, such as the economic impact of Dispute Boards and the analysis of practical cases involving large-scale public contracts.

The Role of Mediation in the Settlement of Family Disputes in Kazakhstan: A Sociological Study

The study aimed to examine the importance and necessity of using mediation in resolving family disputes in Kazakhstan. From February to August 2020, a sociological study was conducted in Kazakhstan to identify the main causes of modern family problems, the functions of mediation and mediators in dispute resolution. The study involved 1,200 respondents. Data collection methods included both quantitative and qualitative approaches. The study was based on a survey of respondents in major cities of Kazakhstan. The study showed that factors such as lack of love and understanding, financial difficulties, and interference from relatives contribute to the escalation of family disputes leading to breakups. It also confirmed the important role of mediators in reaching appropriate and effective solutions, emphasizing the need to strengthen mediator training, legislative support for free mediation services for vulnerable groups, guaranteed payment for mediation services, and promotion of mediation through local media and service centers.

Resolving Disputes in International investment through Arbitration

This paper brings forth an extensive analysis of the role of arbitration in resolving disputes in international investment, providing a comparative study of the existing frameworks and emerging alternatives. As cross-border investments continue to grow, disputes between foreign investors and host states have become increasingly common. International arbitration has emerged as the preferred method for resolving such conflicts due to its neutrality, enforceability, and flexibility. The paper explores the key legal instruments governing international investment arbitration, including Bilateral Investment Treaties (BITs), Free Trade Agreements (FTAs), and multilateral agreements like the Energy Charter Treaty. It also examines the two most widely used procedural frameworks: the International Centre for Settlement of Investment Disputes (ICSID) and the United Nations Commission on International Trade Law (UNCITRAL), comparing their distinct approaches to arbitration. While arbitration has proven effective, it faces growing criticisms, including high costs, lengthy proceedings, and concerns about transparency and arbitrator impartiality. The research also highlights regional initiatives, particularly in Latin America and China, which reflect diverse approaches to investment dispute resolution. By comparing these frameworks and emerging trends, the paper sheds light on the strengths, weaknesses, and future direction of international investment arbitration, emphasizing the need for a more transparent, equitable, and accessible system to balance the interests of investors and host states. The analysis concludes by assessing the potential impact of these reforms on the future of international investment law.

Prospects of Handling Digital Technology Disputes by Courts of Integration Associations

Objective: to analyze the competence and procedure of case handling by the courts of integration associations, allowing them to resolve disputes related to information technologies, and to identify the prospects of handling of this category of disputes by the courts of integration associations.Methods: the main research methods were analysis, synthesis, and problem-theoretical method.Results: the article identified the main features of the “disputes related to digital technologies” category in relation to resolving disputes involving individuals by the courts of integration associations. It reveals opportunities for some courts of integration associations to resolve disputes related to information technologies. The said opportunities are provided by the courts competence, allowing the appeal of individuals, as well as by the dispute resolution procedure involving experts. By analyzing international treaties and practice of courts of integration associations, the author proves that the changes in the category of “disputes related to digital technologies” are related not only to technologies, but also to information and communication systems. By own judgments, the author reveals the content of disputes related to digital technologies in the courts of integration associations.Scientific novelty: the paper reveals the peculiarities of the category “disputes related to digital technologies” in relation to the courts of integration associations and the prospects of resolving disputes related to information technologies by the courts of integration associations. Practical significance: the conclusions provided in the article can be used to improve the practice of courts of integration associations.

Limited Practical Effect of APEC ODR: A Comparative Analysis of Platform ODR and APEC ODR

Abstract: The actual demand and effect of the ODR (Online Dispute Resolution) mechanism in the field of cross-border e-commerce dispute resolution are relatively limited, and the protection of the ODR mechanism within small and medium-sized cross-border e-commerce platforms is insufficient. The reasons why the ODR mechanism cannot be fully applied to such platform disputes include the complexity of cross-border, diverse types of disputes, cost of time and money, and limited scope of application of the ODR mechanism. In addition, the lack of neutrality and standardized operating rules of the ODR mechanism within the e-commerce platform directly affects the fairness of dispute resolution. Although APEC (Asia-Pacific Economic Cooperation) ODR mechanism has shown significant advantages in improving efficiency and ensuring information security, it fails to effectively balance efficiency and fairness in terms of application scope and practical effect. Based on this, there are insufficient fairness problems in the automatic process mechanism, evidence collection procedure, and process deadline setting in the APEC ODR process. In the future, the APEC ODR and other international dispute resolution mechanisms will continue to be more internationalized and standardized. In addition, we have to be alert to the anti-globalization risks reflected in the APEC ODR, avoid geopolitical interferences as much as possible, and prevent the emergence of trade protectionism.

THE ANALYSIS OF TAX DISPUTE RESOLUTION OF TRANSFER PRICING CALCULATION

Determining transfer prices is one of the legal methods in the field of taxation that can be used to obtain the most optimal profits for multinational companies by trying to get the lowest tax rates. The Indonesian government has regulated methods that can be used to calculate transfer prices between related entities. However, the transfer price calculation is still often a dispute between the Directorate General of Taxes (DGT) and Taxpayers (TP), the resolution of which takes a very long time and is mostly won by the Taxpayer. This is a burden for taxpayers and also for the government and can affect the business and investment climate. Based on this, the implementation of tax dispute resolution outside of court (non-litigation) or Alternative Dispute Resolution (ADR) can be considered, providing consultation services when taxpayers prepare transfer price documents, as soon as possible the DGT reviews the TP Doc that has been prepared and submitted by the taxpayer and regulate the criteria and procedures for selecting data / comparison companies in more detail.

Toward tenure security: The relationship between women's land ownership, formal land title documents and their empowerment

Respect for land rights for women, as a key strategy to promote their development and empowerment as well as improving their welfare, has been considered in today's societies. However, there have been few empirical studies to back up this statement. Therefore, the primary goal of this research was to find out whether or not women may increase their authority through economic tenure security, legal tenure security, household characteristic, or de facto tenure security. In this regard, the survey data collected in 2021 from 28 villages of Mazandaran province (Northern Iran) were analyzed. The study highlights the significance of de facto tenure security as the most crucial among the four qualities assessed. It's important to note, however, that possessing land titles doesn't necessarily guarantee de facto tenure security. Despite this distinction, the study reveals a meaningful correlation, suggesting that women with land titles are more likely to experience higher levels of empowerment. Official certification, resolution of tenure disputes, increased agricultural income, and the impact of regional urbanization all play an important role in empowering rural women, which usually results in better economic outcomes for them. According to the results, it is evident that the legal registration of women's land ownership correlates with enhanced women's empowerment within rural communities. Land ownership provides women with the means to generate income, make independent choices, and actively participate in various aspects of social and economic life. The findings of this study underscore potential shortcomings in gender neutrality within land interventions, emphasizing the necessity for incorporating gender considerations into research and land-use planning. The practitioners and policy-makers may utilize the study's findings to invest in programs that include components of land tenure security and increase women's economic empowerment.

Emerging Trends in Labour Arbitration: Technological Advancements and Remote Hearings

In this paper, the author discusses the innovations in labour arbitration with particular emphasis on technological developments and hearings being conducted remotely. Therefore, the research seeks to establish how these innovations are influencing this process and the effects this change has on the resolution of labour related disputes. This paper aims to provide a literature review and to present case studies discussed in relation to recent changes in digital environments, comparing their advantages and disadvantages and considering such aspects as openness, productivity, fairness, or internet literacy. Finally, the potential implications of the present analysis are underlined and a call is made to think about the requirements that should shape policy approaches to remote arbitration on the condition that the technique is efficient and fair. The study’s implications for future research and practice are also presented.

The Legal Englishes of Dispute Resolution Rules

The UK Jurisdiction Taskforce (UKJT) has published the UK's first Digital Dispute Resolution Rules (DDRR), which are aimed at facilitating the rapid resolution of commercial disputes, in particular those revolving around digital technology. On the other hand, the London Court of International Arbitration (LCIA) has published an updated version of its Arbitration Rules (LCIAR). This paper is aimed at exploring the differences in the language and style of these two international documents. On the one hand, it addresses the sector-specific language used; on the other hand, it explores the general comprehensibility of the two documents to the layperson. Legalese elements, if any, are brought to the fore and focused on, as well as technical words, in order to explore how these documents are intelligible. The paper findings highlight that the LCIAR heavily rely on legalese, whereas the DDRR present several instances of plain English. The reasons why this is possible could be found in the fact that the former are drafted by legal experts such as arbitral organisations, whereas the latter are mostly written by business and financial advisers. Also, the DDRR clearly cater for the needs of the businesses' new (digital) requirements.

An Insurtech Platform to Support Claim Management Through the Automatic Detection and Estimation of Car Damage from Pictures

Claims management is a complex process through which an insurance company or responsible entity addresses and handles compensation requests from policyholders who have suffered damage or losses. This process entails several stages, including the notification of the claim, damage assessment, settlement of compensation, and, if necessary, dispute resolution. Fair, transparent and timely claims management is crucial for maintaining policyholders’ trust while also limiting the financial impact on the insurer. Technological innovations, such as the use of artificial intelligence and automation, are positively influencing this sector, enabling faster and more effective claims management. This study reports on Insoore AI, an insurtech solution that aims to automate a portion of claims management by integrating a computer vision solution based on some latest developments in deep learning to automatically recognize and localize car damage from user-provided pictures.