Form Of Dispute Resolution Research Articles

Penyelesaian Sengketa Internasional secara Damai

This research aims to examine how to resolve international disputes peacefully using descriptive analytical normative juridical methods that identify, analyze, clarify and construct phenomena based on observations as well as actual events and problems with existing reality, research This is a qualitative approach and data used. Peaceful resolution of international disputes, namely negotiation, is a general and efficient dispute resolution method, where the parties can monitor the process and reach a mutual agreement, fact finding is a dispute resolution method that focuses on clarifying the facts that are the source of the dispute, good services is a dispute resolution method in which a third party helps reconcile the disputing parties through negotiation. Mediation is a dispute resolution method that involves a neutral third party such as a state, international organization, or individual who plays an active role in the negotiation. Conciliation is a more formal dispute resolution method. rather than mediation, involving a third party or conciliation commission which can be permanent or ad hoc.

Регуляторный эксперимент по внедрению системы искусственного интеллекта в сферу разрешения споров

At present, it is predicted that there will be a demand for the use of experimental legal regimes for such products and solutions as individual artificial intelligence systems in healthcare, artificial intelligence and robotics systems for special and dual-use purposes (in the field of medicine, transport and logistics, construction and the fuel and energy complex); Artificial Intelligence Systems in Public Administration. Methods and forms of dispute resolution (removal of legal uncertainty, settlement of conflicts) in the abovementioned areas cannot be dissonant with the efficiency of production and management processes in these areas. Otherwise, alternative forms of conflict resolution to justice will be implemented.

Social capital and procedural formalism

ABSTRACT Differences in the extent of formalism of civil proceedings between common and civil law countries have expanded between 1950 and 2000. We study the role of social capital in this divergence using data on up to 35 countries. We find that higher-trust societies, and those that are less tolerant of opportunistic behaviours, were more likely to reduce the degree of procedural formalism over time, thus making litigation a more efficient means of seeking administration of justice. This result suggests that lowering of formalism may reflect a cultural bias for less formal dispute resolution among parties in high social capital societies.

The Use Of Mediation As An Alternative Dispute Resolution In The Settlement Of Investment Disputes

Investment or investment has a very important function regarding will improve the development of the state of the country's economy. This investment is an activity carried out by the business world in order to improve people's living standards. The purpose of this study is to determine how the forms of dispute resolution in domestic investment according to Law No. 25 of 2007 and how the obligations and responsibilities of investors. By using normative juridical research methods concluded: the form of domestic investment dispute resolution according to Article 32 of Law No. 25 of 2007 is through deliberation and consensus; arbitration, Alternative Dispute Resolution, courts, and especially between disputes between governments and foreign investment, disputes are resolved through international arbitration that has been agreed. According to Article 15 of Law Number 25 of 2007, the obligation of investors in Indonesia is to apply the principles of good corporate governance, carry out corporate social responsibility (corporate social responsibility)while the responsibility of investors is regulated in Article 16, namely: ensuring the availability of capital from sources that do not conflict with the provisions of laws and regulations; to bear and settle any liability for losses if the investor ceases or abandons or abandons business activities unilaterally in accordance with the provisions of applicable laws and regulations; to create a healthy competitive business and to prevent practices. Investment mediation is the right choice because mediation is the spirit of local Indonesian stakeholders in resolving disputes and currently the international community is applying it as evidenced by ICSID offering wide access to mediation with countries, State entities or REIOS related to investment.

Equity and Mediation: Affinities and Disjunctures

The authors and Professor Denis SK Ong were colleagues at the Bond University Law School. Given their different areas of interest they did not collaborate on intellectual and academic matters. It is, however, to the regret of the current authors that they never discussed the subject of this contribution, namely the relationship between mediation, and other forms of dispute resolution (DR), on one hand and equity and its principles, on the other. This is regrettable as Denis’s scholarship and erudition on the topic would have led to a fruitful discussion. This article is written in honour of Professor Ong and his innumerable achievements in many fields of academic life.

Assessing the Effectiveness of the Village Court (VC) System in Promoting Access to Justice: A Case Study of Two Selected Villages in Noakhali, Bangladesh

This study aimed to assess the effectiveness of the Village Court (VC) system in promoting access to justice in rural Bangladesh. The formal legal system in Bangladesh is expensive and time-consuming, making it difficult for underprivileged rural people to access justice. The VC system is a combination of formal and informal dispute resolution processes and has been initiated by the government to address the demand for access to justice for rural people. However, several obstacles have hampered the efficacy of the VC system, making it impossible to acquire public satisfaction in the justice process. This case study examines the effectiveness of the village court system in promoting access to justice in two selected villages in Noakhali district, Bangladesh. The study evaluates various factors that impact the success of the village court system, such as policies, procedures, acts, rules, oversight mechanisms, legal awareness, and resources available to Union Parishad officials and community members. The findings suggest that while the village court system is functional in some areas, it heavily relies on government-supported projects and is largely ineffective outside of these areas. The study provides recommendations for improving the effectiveness of the village court system, including necessary amendments to the village court act/rules, proper government monitoring and supervision, improved financial and human resources for the Union Parishad, and greater accountability and competency of all stakeholders. By addressing these issues, the village court system could become a vital tool for promoting access to justice in rural Bangladesh.

Comparison of Dispute Resolution Provisions between the Joint Contract Tribunal and the Iraqi Standard Bidding Document

Due to a party's violation of his obligations or responsibilities indicated in the contract, many engineering projects confront extensive contractual disputes, which in turn need arbitration or other forms of dispute resolution, which negatively impact the project's outcome. Each contract has its terms for dispute resolution. Therefore, this paper aims to study the provisions for dispute resolution according to Iraqi (SBDW) and the JCT (SBC/Q2016) and also to show the extent of the difference between the two contracts in the application of these provisions. The methodology includes a detailed study of the dispute settlement provisions for both contracts with a comparative analysis to identify the differences in the application of these provisions between the two contracts. The research results revealed several differences, the most important of which is that the engineer has a dual role in Iraqi (SBDW). On the one hand, he is appointed by the employer to carry out specific duties under the contract. On the other hand, the engineer also has powers related to the settlement of claims and this first level of conflict avoidance between the two parties, Unlike the SBC/Q2016 contract, which appoints a neutral third party to mediate the problem. In addition, resolving disputes between the two parties, according to the ‎Iraqi (SBDW), needs a long time compared with JCT-SBC/Q2016.‎

Dispute Resolution on Agreements Fiduciary in Tort Settlement (Case Study in PT. Adira Multi Dynamics Finance Tbk, Denpasar II Branch)

Phenomena that often occur in decision making or policies which of course are based on applicable regulations or agreements are confiscation or taking guarantees or otherwise the submission of guarantees by the debtor due to a default or unable to carry out their obligations properly. As many have done, it can be seen from the data in PT. Adira Dinamika Multi Finance Tbk, Denpasar II Branch. Based on this background, the formulation of the problem found is how is the form of dispute resolution regarding the fiduciary agreement in the settlement of default at PT. Adira Dinamika Multi Finance Tbk, Denpasar II Branch, and What are the obstacles faced in the execution of fiduciary guarantees at PT. Adira Dinamika Multi Finance Tbk, Denpasar II Branch?This type of research uses empirical legal research methods. The nature of this research is descriptive. Data and Data Sources used are primary data and secondary data. Data collection techniques used are observations, interviews and documentation. After the data is collected, it is analyzed using qualitative analysis methods. The conclusion of this research is the form of dispute resolution at PT. Adira Dinamika Multi Finance Tbk, Denpasar II Branch is divided into 2 stages, namely non-litigation efforts and litigation efforts. Constraints faced in the execution of fiduciary collateral goods at PT. Adira Dinamika Multi Finance Tbk, Denpasar II Branch is in executing the goods that have been transferred by the debtor of the goods. but as a result of the acknowledgment of the droit de suite principle that fiduciary security rights follow the object in the hands of whoever the object is.

BENTUK PENYELESAIAN SENGKETA PROSES PEMILIHAN UMUM

The problem in this paper is what is the form of dispute resolution in the general election process? Meanwhile, the aim of this writing is to determine the form of dispute resolution in the general election process. The research methods used in this paper are the case approach method, conceptual approach method and statutory approach method. The results and discussion in this paper show that the forms of process disputes in general elections are divided into two. The first is a dispute between election participants and the second is a dispute between election participants and election organizers. The conclusions obtained by the authors regarding the form of dispute resolution in the general election process are: .1. the form of dispute resolution in the general election process between general election participants is resolved through Bawaslu; 2. The form of dispute resolution in the general election process between general election participants and general election organizers is resolved through Bawaslu through the mediation and adjudication stages as well as submitting a lawsuit to the State Administrative Court.

Comparative Analysis of Formal and Informal Dispute Resolution Council in Tehsil Razzar, District Swabi

Jirga is a non-official but restricted institution that exists in Pashtun social structures.. Jirga is defined as the group of members of exact subgroup of Pashtun, considering a matter of universal interests. Particularly in tribal communities adhering to Pashtun traditional standards, it is viewed as a cover of safety and protection for the underprivileged. Jirga is used to settle conflicts over public and private space. Jirga upholds democratic principles and maintains an impartial stance when mediating and arbitrating disputes between plaintiffs. Jirga is a representation of a democratic system where each person has the freedom to voice their opinions in front of other Jirga members. The rule of behaviour that is being upheld at the Jirga aims to foster moral and spiritual ties. Jirga is the primary institution in the tribal region's political system for resolving conflicts and advancing justice. Since the Dispute Resolution Council (DRC)was established, numerous disputes and conflicts have been settled more successfully, and as a result, particularly in the Pashtun Society, it has benefited. The basic vision and goal of the Dispute Resolution Council is conflict resolution and how to foster a beneficial atmosphere between disputing and conflicting parties for societal progress (DRC).

METODE IJTIHAD DALAM KONSTRUKSI HUKUM TAHKIM INDONESIA

This paper provides input on where Tahkim or arbitration which is a form of dispute resolution outside the court and aims to reconcile the conflicting parties has existed and has long been practiced in the customs and culture of the Indonesian nation. However, with the increasing need for a peace model to resolve conflicts amid the rapid development of sharia business in Indonesia today, it is necessary to formulate a sharia tahkim model that accommodates local values. The fiqh rules clearly state that al-hukmuyadurruma’aillatihi wujudan waadaman, that the law is enforced according to ilat whether it exists or does not exist, as well as the taghayyural-ahkam bitaghayural amkinat waal-azman rule that the law changes according to changes in place and time. The type of this research is juridical philosophical with maslahah approach. The data sources used are secondary and consist of three legal materials: primary, secondary, and tertiary. The type of this research is juridical philosophical with maslahah approach. The data sources used are secondary data sources consisting of three legal materials, namely primary, secondary and tertiary. The analysis was carried out using a descriptive inductive technique. The results of this study are that several ijtihad methods such as istihsan, maslahah mursalah, and especially the technique of establishing law with 'urf can be used to realize Indonesian Tahkim fiqh. The selection of these three methods, especially the 'urf which is based on benefit and istihsan is very suitable for conditions in Indonesia, considering that a culture of peace rooted in adat is still very strong.

SHIFTING THE ROLE OF MEDIATION IN ISLAMIC INHERITANCE DISPUTES: AN OVERVIEW OF ISLAMIC LEGAL PHILOSOPHY

This article aims to see the other side of mediation as an alternative settlement of inheritance disputes. The general view of the community is that mediation is carried out after the occurrence of a dispute as a form of dispute resolution between the disputing parties. However, the perspective of Islamic legal philosophy sees the other side of the role of mediation in dealing with disputes, including inheritance disputes. The writing of this paper is done in an analytical descriptive manner that combines a normative juridical approach with a philosophical approach. The study results show that the settlement of inheritance disputes can be done in two ways; litigation and non-litigation. As one of the non-litigation channels and acting as a dispute resolution institution, mediation also prevents disputes. Mediation is positioned to avoid disputes arising at the philosophical level in inheritance cases. This argument can be seen from the statements in the Qur'an and hadith regarding inheritance law which indicate that the existence of inheritance law is intended as an effort to prevent disputes.

AVRUPA ÜLKELERİ’NDE TİCARİ ARABULUCULUK UYGULAMALARI

Dünya genelinde, uyuşmazlıkların mahkeme dışında alternatif uyuşmazlık çözüm yolları ile çözülmesi konusunda artan bir eğilim bulunmaktadır. Alternatif uyuşmazlık çözüm yollarından biri de arabuluculuktur. Arabuluculuk gönüllük esasına dayanan bir uyuşmazlık çözme biçimidir. 
 Arabuluculuk sistemi, Avrupa Birliği’ne üye bazı ülkeler başta olmak üzere birçok ülkede özellikle ticari uyuşmazlıklarda uygulanmakta ve sonuçları itibariyle tarafları memnun etmekte, sonuç itibariyle yargının yükünün de ciddi şekilde azaltılmasına destek olmaktadır. Yargının iş yükünün hızla arttığı, yargılamadaki gecikmeler nedeniyle adalete duyulan güvenin azaldığı bir ortamda Avrupa ülkelerindeki ticari arabuluculuk uygulamaları birçok ülkeye örnek olmaktadır.

What is Included in the Concept of Online Arbitration in China?

The article provides an overview of new forms of dispute resolution – online arbitration on the example of China. Chinese scientists divide online arbitration into two categories: mandatory online arbitration and optional online arbitration. It is proved that optional online arbitration in China, which is currently conducted by private e-commerce platforms (“Taobao ODR”, “Tmall ODR”, “Jingdong ODR”, “Gome ODR”, etc.) and providing crowdsourcing dispute resolution services, can be considered as a fullfledged online arbitration. The only difference between mandatory and optional online arbitration is that the decisions of the latter cannot be enforced through a state court. But e-commerce platforms in China have effective incentives to force the losing party to enforce the arbitration award.

THE VOLUNTARINESS OF DISPUTANTS IN CONSTRUCTION MEDIATION

Mediation has been promoted to resolve construction disputes due to much-heralded time and cost advantages. Formal introduction was affected in early 20’s after several successful pro bono mediation pilots. In Hong Kong, immense promotional efforts have been directed to make mediation the mainstream mechanism for alternative dispute resolution. Despite promotional efforts, a disheartening decline in use of mediation was noted after an initial surge. For wider adoption, there has been an ongoing debate on before disputing parties resorting other forms of dispute resolution, whether courts should compel them to attempt mediation. This study examines pillars of successful mediation and seeks to reveal the root causes of Hong Kong's sluggish uptake of construction. Review of literature informed key mediation attributes and manifestations of voluntariness in construction dispute mediation. Scale rating by construction professionals was employed to establish mediation attribute importance ranking as well as representativeness of manifestation of voluntary participation. "The exchange of critical information is effective" and "The disputant considers the mediator trustworthy" were ranked as the two most important mediation attributes, suggesting the importance of having a conducive environment for genuine communication. It is therefore proposed that voluntary participation is a necessary condition to create a collegial atmosphere. “Working cooperatively with the mediator” and “Preparing settlement options before attending the mediation” were the top two ranked manifestations of voluntary participation. Most research on mediation mainly focus on the advantages of mediation. Findings of this study raise the caveat when disputants are asked to attempt mediation that erodes voluntary participation.

Explanations for the Vanishing Trial in the United States

The phenomenon Marc Galanter famously termed the vanishing trial has been widely explored by scholars of law and politics, particularly as the continued decrease of trials in court raises concerns about access to justice and legal recourse in the United States. But a lingering question remains: Where have trials gone? This article argues that we need to diversify the potential range of explanations for the vanishing trial by taking an interbranch perspective that brings to bear the ongoing tension between legal and other forms of dispute resolution and governance. Given that courts are but one venue in which disputes are resolved, this approach expands upon the thesis that disputes have not disappeared but rather have been diverted elsewhere. I argue that reframing the conversation in this way stands to generate a revised set of explanations for this trend that are worthy of future research.

THE VOLUNTARINESS OF DISPUTANTS IN CONSTRUCTION MEDIATION

Mediation has been promoted to resolve construction disputes due to much-heralded time and cost advantages. Formal introduction was affected in early 20’s after several successful pro bono mediation pilots. In Hong Kong, immense promotional efforts have been directed to make mediation the mainstream mechanism for alternative dispute resolution. Despite promotional efforts, a disheartening decline in use of mediation was noted after an initial surge. For wider adoption, there has been an ongoing debate on before disputing parties resorting other forms of dispute resolution, whether courts should compel them to attempt mediation. This study examines pillars of successful mediation and seeks to reveal the root causes of Hong Kong's sluggish uptake of construction. Review of literature informed key mediation attributes and manifestations of voluntariness in construction dispute mediation. Scale rating by construction professionals was employed to establish mediation attribute importance ranking as well as representativeness of manifestation of voluntary participation. "The exchange of critical information is effective" and "The disputant considers the mediator trustworthy" were ranked as the two most important mediation attributes, suggesting the importance of having a conducive environment for genuine communication. It is therefore proposed that voluntary participation is a necessary condition to create a collegial atmosphere. “Working cooperatively with the mediator” and “Preparing settlement options before attending the mediation” were the top two ranked manifestations of voluntary participation. Most research on mediation mainly focus on the advantages of mediation. Findings of this study raise the caveat when disputants are asked to attempt mediation that erodes voluntary participation.

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

Alternatif Penyelesaian Sengketa Lelang Lebak, Lebung dan Sungai di Kabupaten Ogan Ilir

For a long time, people in several sub-districts of Ogan Ilir Regency who live on the banks of the river have used flooded areas or puddles of water around the river due to river overflow to become one of the sources of PAD in the field of fisheries. Utilization is carried out by conducting auctions in lebak, lebung and rivers which are regulated in the Regent's Regulation on the management of fishery resources. In addition to being the legal basis, this regional regulation also aims to protect the environment in the Lebak, Lebung and river areas from damage caused by fishing by the Manager (the winner of the auction). Managers who do not carry out the management of lebak, lebung and rivers according to the rules may be subject to criminal sanctions or fines. This study aims to find out how the dispute resolution of the lebak lebung auction between the parties in practice is carried out. The problem in this study is how the forms of dispute resolution in the Lebak Lebung auction are carried out by the parties in practice. This type of research is normative legal research using a statutory approach. From the results of the study, it can be concluded that the settlement of disputes between the management committee and the management of lebak lebung and rivers is in practice mostly resolved by deliberation mediated by the village head or local village head, but if no agreement is found then the settlement is through the courts.

South Africa's jurisdictional challenge with the under-development of cross-border commercial litigation: Litigation v Arbitration

Private international law is a globally established field of law however, its pre-eminence in Africa is insignificant and this has been as a result of its relevance, which according to many scholars is arguable. It follows logically therefore, that it is underdeveloped in Africa, and as this article posits, specifically in South Africa. This article advocates for the development of South African private international law by endorsing South Africa as a viable neutral jurisdiction venue for cross-border commercial disputes, in future. According to this article, this is to be achieved by the recognition of neutral jurisdiction clauses in South African courts. This can only be done by developing an effective and just system of cross-border/trans-national litigation. The proposed sound cross-border jurisdictional rules will supplement the newly established transnational arbitration regime. In order to achieve this, this research reflects an integrated comparative approach by establishing comparative perspectives mainly from the UK, USA, Brazil, Kosovo and South Africa.1 Based on its constitutional values of inalienable human rights and access to courts (justice), South Africa stands to gain immensely from incoming commercial arbitration and commercial litigation as forms of dispute resolution. This will establish the country as the preferred venue for arbitration and litigation on the African continent and beyond.