Extrajudicial Procedure Research Articles

Measures to prevent the bankruptcy of the debtor - Aviation Enterprise and extrajudicial procedures

The results of the market reforms, which took part in Ukraine, have confirmed the necessity of the further changes, especially in the system of the bankruptcy, which is considered below. Herewith, one of the least regulated practical issues is the process of application of the measures to avoid bankruptcy of the aviation companies.

Understanding International Labor And Employment Policy: A Primer For Multinational Employer Operating In A Global Economy (Japan)

FOREIGN companies hiring personnel in Japan may soon come to realize that many of their beliefs about Japanese employees do not exist. There is a stereotype that Japanese are non-litigious. This stereotype is inapplicable when it comes to employees asserting their legal rights in the workplace. As at employment is not recognized in Japan, hiring the right employees is a key concern of employers. This paper will briefly discuss certain matters that employers need to consider when hiring a Japanese workforce. In Part I, we will give a brief introduction on how wage and discrimination claims are handled in the absence of class action lawsuits. Part II addresses the changing role of unions in Japan, including recent trends. Part III discusses the impact of social media in the work force and ways in which Japanese employers are addressing social media and privacy issues in the workplace. I. Wage and Discrimination Claims in Japan A. Labor Dispute Methods I. Class Action Lawsuits In Japan, class action lawsuits do not exist for group proceedings. Rather, group proceedings are required to be maintained on procedural methods that are accepted for normal litigation. A common method is joinder of claims, and a rarely used method is representative actions. (1) Joinder of claims is a procedure for consolidation of litigation between several parties into one single action, and parties are joined as a result of the intentions of the plaintiffs or the court. In particular, if rights or obligations that are the subject matter of the suits are common to two or more persons or are based on the same factual or statutory cause, these persons may sue or be sued as co-parties. The same shall apply where rights or obligations that are the subject matter of the suits are of the same kind and based on the same kind of causes in fact or by law. (2) Normally, this procedure is used for joining actions with a relative small number of parties such as, for example, the joining of two or more joint debtors. The benefit is to have one uniform judgment for similar types of cases, especially since the litigation proceedings are not separate litigations in practice, but are cases where a few lawyers are jointly retained to handle the proceedings. The weaknesses of joinder are that the group characteristic of this kind of procedure is only de facto and the court will have ultimate discretion to allow or deny it. For example, where evidence among the plaintiffs is different, the court can resolve them in separate litigation proceedings. Further, each party in principle is free to settle, and there are no particular restrictions preventing a party from withdrawing its claims. When this procedure is adopted, the lawyers retained in the litigation must obtain authorization from each individual party. 2. Civil Litigation or Labor Mediation A civil lawsuit is one method to resolve individual labor disputes. In general, a dismissed employee initiates a legal action against his or her employer, raises certain claims for damages or remedies available under the laws and seeks a disposition to preserve his or her employment status (chii-hozen karishobun). A provisional disposition order is similar in effect to a preliminary injunction. Japanese courts nearly always grant this type of provisional disposition order and as a lawsuit may not be resolved for months or years, the employer could be required to continue paying an unwanted employee a salary with little economic recourse for repayment even if the employer ultimately prevails. In 2001, an extra-judicial procedure to assist resolution of individual labor disputes was introduced under the Law on Promoting Resolution of Individual Labor Disputes. Under this law, both parties to a labor dispute can consult with a regional office of Labor Bureau, and the Labor Bureau may give its advice or instruction to facilitate dispute resolution between the parties or arrange for a conciliation proceeding as necessary. …

SENGKETA LINGKUNGAN DAN PENYELESAIANNYA

Continuation of the environment at the end of this century has more attention, not only in Indonesia but also throughout the world. Sustainability of the environment this time was viewed as an obligation of the world community. This matter then pushing the environment damage becomes a deed of contempt of court, so it can be a reason to submit the suing. This article study about the solving of environment dispute by extrajudicial procedure and solving of environment dispute by judicial procedure. Based on the analysis, the pollution and destruction of the environment resulted in the loss of certain parties, such as community, the environmental organizations and government. This can be resolved through extrajudicial or judicial procedure. Solution of extrajudicial dispute can be done by mediation, and conciliation of arbitration. Solution by litigation can be done by class action, legal standing, suing to PTUN.Keyword: Sustainable development, dispute resolution, arbitration,

O vanparničnom postupku Austrije

During the reform of the new extrajudicial law of Austria, the more attention was paid to the general extrajudicial procedure. The renewed Extrajudicial Procedure Act (EPA) 2003 significantly expanded the legal regulation of the general part of the extrajudicial procedure. In other words, the previous EPA 1854 had only 19 paragraphs devoted to the general part, with subsidiary application of the Law on Civil Procedure, while the renewed text of the general part consists of 80 paragraphs. Therefore the subsidiary application of the Law on Civil Procedure to the extrajudicial procedure has been reduced, since the general part is mostly regulated by the EPA. In addition to that, there is a possibility in the EPA of Austria to regulate specific extrajudicial procedures. The federal EPA of Austria is the main formal legal source for the extrajudicial procedure. However, there are special laws which are not the constituent part of the EPA, that regulate certain types of extrajudicial procedures.

La part et le rôle joués par les modes informels de règlement des litiges dans le développement d'un pluralisme judiciaire (Etude comparative France-USA)

The increase of the number of cases dealt with in court is often presented as an increase in the judiciary character of our social relations. During the last ten years, the number of cases dealt with by the courts has increased by 50%. Without denying the importance of this increase, we can ask ourselves about the real nature of this phenomenon and try to observe if this quantitative increase dots not hide another reality. Historically, courts have never had the monopoly of the settlementt of disputes. There has always existed an "informal justice" like the disciplinary committee in companies, associations, the different kinds of private arbitrations, particularly in commercial matters. What might appear as new is the fact that the state itself has been developing for a few years "extra judicial procedures" like "conciliators", "Boite postale 5000"... With these new procedures of settlement, the state tries to obtain more "flexibility" in the judicial System.