Dispute Resolution Mechanisms Research Articles

Traditional Authorities, Norm Collisions, and Communal Conflict

I examine the effect of the policing capacity of traditional authorities (TAs) on communal conflict. TAs of ethnic groups use distinct customary laws and dispute-resolution mechanisms. Their coexistence with national norms and those of other TAs results in parallel legal systems. I argue that this generates uncertainties about norms and vertical and horizontal jurisdictional conflict, which increases the risk of communal conflict. However, this effect can be dampened by state-level rules on norm collisions, which lead to a system of co-production and less violence. To investigate these claims, I use global georeferenced expert survey data on customary policing of TAs and data measuring their constitutional regulation. I show that customary policing can have an adverse effect on communal peace. More subgroups of the larger ethnic group with policing institutions increase the risk of conflict. State-level regulation moderates these relationships. Additional evidence suggests that policing increases communal conflict through vertical jurisdictional conflict but otherwise achieves its intended purpose of providing security.

Commission

This overview highlights the Commission’s (i) publication of the opinion of the European Economic and Social Committee on the employment income of cross-border teleworkers, (ii) request for feedback on the functioning of the Dispute Resolution Mechanism, and (iii) approval of the Portuguese Scheme to support Repsol Polimeros in diversifying production in Alentejo.

A Blockchain-Based Multi-Cloud Storage Data Auditing Scheme to Locate Faults

The advent of network storage services has revolutionized user experiences worldwide, offering unparalleled convenience, cost-effectiveness, and robust availability. However, relying solely on a single service provider entails inherent risks. To address this, sophisticated multi-cloud storage systems have emerged, aiming to mitigate data corruption risks. Nevertheless, ensuring data integrity in such systems necessitates robust auditing schemes. Traditional approaches often depend on centralized entities like third-party auditors (TPAs) or cloud service organizers, leaving users vulnerable to malicious actors during disputes. In response, we propose a blockchain-based multi-cloud storage auditing framework. By leveraging blockchain technology, we establish an immutable ledger to record interactions among users, service providers, and organizers, serving as indisputable evidence. Smart contracts are employed to detect and resolve service disputes, compelling untrusted organizers to accurately identify malicious providers. Additionally, we utilize blockchain networks and homomorphic verifiable tags to facilitate low-cost batch verification without the need for TPAs. Theoretical analyses and empirical evaluations demonstrate the scheme's efficacy and cost-effectiveness in multi-cloud environments, promising enhanced data integrity and dispute resolution mechanisms. Keywords—Multi-cloud storage, blockchain, data auditing, dispute arbitration

AN EVALUATION OF ALTERNATIVE DISPUTE RESOLUTION MECHANISMS IN THE AFRICAN REGION

Alternative dispute resolution (ADR) in Africa is growing and flourishing but the region is not a global leader in conflict resolution. The African region still has many challenges to overcome. The region has the potential to expand, grow and thrive with foreign direct investment to boost its economies and ensure stability for its infrastructure. The African region is rich in many natural resources, but, unfortunately, interstate conflict causes instability to social, political and economic rights. This article explores the weaknesses and challenges within the African region with a view to activating the potential of the region to become a global leader in alternative dispute resolution. The enforcement and implementation mechanisms of alternative dispute resolution require an evaluation of current systems to ensure that there is an animate thrust of dispute resolution. The African systems have their strengths, but an evaluation of any system always exposes weaknesses. Corruption within the African region is a common theme, since government does not play an active role in deterring corruption, and this causes the public to mistrust all initiatives that stem from government influence. The article discusses the situation in four African countries, showing that corruption, lack of education and a lack of skilled ADR practitioners cause a dysfunctional system that cannot embrace ADR. For an ADR system to function smoothly, numerous ADR practitioners are needed to resolve conflict competently. Furthermore, a selective system of favouring laws that support only the government as opposed to investors causes an imbalance, and discourages investors from investing in Africa. A way needs to be paved, not to negate international practices relating to investor disputes, but rather to work holistically with national laws, to harmonise laws and overcome any conflict of law within the region.

Civil Procedure Takes a Bold Step: Unravelling the changes to service out of the jurisdiction and the Civil Procedure Rules in the British Virgin Islands

Abstract Following years of consultation, the ECSC Civil Procedure Rules 2000 gave way to the revamped and refreshed ECSC Civil Procedure Rules, Revised Edition 2023 (Civil Procedure Rules, Revised 2023), which came into effect on 31 July 2023. The Civil Procedure Rules, Revised 2023, brought sweeping and significant changes to civil practice and procedure, particularly in the areas of service out of the jurisdiction, relief from sanctions, and costs. The Civil Procedure Rules, Revised 2023, gave birth to a novel alternative dispute resolution mechanism, the Judicial Settlement Conference, intended to complement the well-established out-of-court arrangement of court-ordered mediations.

Characteristic of mutual Agreement procedure in case of the double taxation treaty between Azerbaijan and Ukraine

The article is dedicated to comparative and legal analysis of the provisions on mutual agreement procedure in Art. 25 of the Convention between the Government of Ukraine and the Government of Azerbaijan Republic on Avoidance of Double taxation and Prevention of Tax Evasion regarding Taxes on Income and Capital dated 30 July 1999 in the context of recommendations included in Art. 25 of the OECD Model Tax Convention. The latter one is widely recognized source of interpretation of norms of bilateral double taxation treaties in many countries including Ukraine. This analysis, on the one hand, is aimed at finding ways of improvement of normative basis of mutual agreement procedure taking into consideration the risk of high number of tax disputes (for example, the replacement of the term ‘person’ with the term ‘resident’ in the first sentence of Art. 25(1) of the abovementioned Convention creates the risk of ambiguity in the context of personal scope of mutual agreement procedure in case of non-compliance of contracting state with the duties on non-discrimination regime) and, on the other hand, is assisting in the determination of compliance of Art. 25 of the abovementioned Convention with other international commitments of both contracting states (e.g., both contracting states have accepted commitments to introduce three-year minimum term for initiation of mutual agreement procedure by taxpayers according to the framework of the global campaign on counteracting base erosion and profit shifting but Art. 25(1) of the mentioned Convention does not mention such limitation in contrast to the provisions of Art. 25(1) of the OECD Model Tax Convention). Moreover, the author also admits that Art. 25(2) of the bilateral Convention does not include reference to the duty on implementation of mutual agreements concluded between competent authorities under the mutual agreement procedure without the link to the domestic time limits that is also not in accordance of the multilateral commitments. On the basis of this analysis, the author determines the need of amendments of Art. 25(1) and Art. 25(2) of the mentioned Convention that could improve efficiency and effectiveness of mutual agreement procedure as a mechanism of dispute resolution.

The Need, Development, and Benefits of Commercial Arbitration in Afghanistan

Aim: Commercial arbitration is considered to be one of the best and widely accepted mechanisms for resolving commercial disputes in the world today. However, on the one hand, as a member state of the international community, with regard to foreign investment and commercial development in Afghanistan, to what extent does Afghanistan need commercial arbitration in its jurisdiction? How much attention has been paid to the and finally, what are the benefits and advantages of this dispute resolution mechanism for the opposing sides of commercial disputes? All of these queries have been analytically discussed in this research. In this study, the efforts made in Afghanistan are evaluated. The basic purpose of the subject is to evaluate the need and development of commercial arbitration in Afghanistan and to reveal its benefits to foreign and domestic businessmen and companies so that businessmen and companies in Afghanistan can resolve their commercial disputes through a cheap, easy and efficient arbitration mechanism which ultimately paves the way for encouraging greater foreign investment and trade in Afghanistan.
 Methods: In this research, the bibliographic approach has been used and the strategy of presenting the research information is descriptive and analytical.
 Results: The findings of the research show that Afghanistan accepted commercial arbitration as a mechanism for resolving commercial disputes in its jurisdiction almost decades ago, and today it has created many laws for its more efficiency. In addition, it has also practically created arbitration centers and institutions for the resolution of commercial disputes and even created some educational programs for the training of professional arbitrators and expert in this field.
 Recommendation: To a noticeable extent, Afghanistan has paid significant attention to the development of arbitration, it still needs to establish countrywide arbitration centers, enact new procedural laws to enforce arbitral awards and ultimately it needs to institutionalize the use of arbitration mechanism in its legal system.

THE CHALLENGES OF INVESTMENT ARBITRATION: SUCCESS OR FAILURE? A COMPARATIVE ANALYSIS OF INVESTMENT ARBITRATION IN NORTH MACEDONIA AND KOSOVO

Background: In today's modern business and technological landscape, businesses are increasingly inclined to seek alternative methods for resolving disputes rather than rely solely on traditional court procedures. Businesses are also increasingly aware of the significance of resolving conflicts through alternative means and taking proactive measures to avoid litigation. In recent decades, investment arbitration has gained widespread acceptance and has emerged as a preferred mechanism for resolving disputes involving international investors in Western Balkan countries. Some countries demonstrate a favourable inclination towards employing arbitration as a dispute resolution mechanism by enacting legislation that grants investors the right to initiate arbitration proceedings against the state in case of failure. This scientific research objective will be achieved through the reflection of the legislative framework in the matter of investment arbitration as well as the reflection of the flow of foreign investments, analysing and not limited to the treatment of concrete cases of arbitration disputes. Through this approach, we will answer the central question of how much arbitration as an alternative dispute resolution mechanism is a stimulating factor for attracting foreign direct investment or whether multinational companies only use the legislative and incentive favours offered by the Republic of Kosovo and North Macedonia. Methods: The article was conceived based on a modern methodological framework. Within the general methodological framework of scientific research, logical methods play a crucial role in the scientific processing of the research data, drawing conclusions and determining facts through which the truth of the thesis of the work is reached scientifically. In the context of this paper, the method of analysis through which the impact of arbitration as an alternative dispute resolution mechanism in relation to the flow of investments will be analysed is noteworthy. Additionally, methods of abstraction and concretisation will also be used. Abstraction is the basis of analysis, which sometimes represents the separation of parts from the whole subject. Moreover, the comparative method will highlight the diverse normative solutions in national legislation and international legal sources. Results and conclusions: In the article, the authors propose considering the effectiveness of existing provisions and determining whether adjustments or alternative approaches are needed to maximise the benefits of foreign investment while minimising potential risks and uncertainties associated with dispute resolution processes.

Geographical proximity to government and corporate litigation behavior: Evidence from China

This study examines the impact of geographical proximity to government agencies on corporate litigation activities. Utilizing an extensive dataset comprising corporate lawsuits and government relocations spanning two decades (1998–2018), a difference-in-differences approach was implemented to explore the causal nexus between the distance of local governments from firm headquarters and judicial engagement. The empirical evidence reveals that closer proximity to local governments significantly reduces the judicial participation of firms. Moreover, the effect is spatially attenuated, with a stronger impact on firms located nearer to local governments. Our mechanism analysis suggests that geographical proximity strengthens the value of information communication between the government and enterprises, increasing the attention of companies towards government actions and reducing the impact of policy uncertainty, thereby making it possible to adopt dispute resolution mechanisms other than litigation. Meanwhile, the political favoritism exhibited by the government after becoming closer also to some extent suppresses the enthusiasm of companies to participate in judicial proceedings.

Eksistensi Penyelesaian Sengketa UMKM Secara Non Litigasi di Desa Bandar Labuhan

This community service aims to enhance the understanding of the community in Bandar Labuhan Village regarding the non-litigation resolution of Micro, Small, and Medium Enterprises (MSMEs). The implementation method involves counseling activities covering the understanding of rights and obligations in the context of MSMEs, along with non-litigation dispute resolution mechanisms. The results reflect a positive impact, including increased legal awareness and active community participation. However, challenges and disagreements in implementing these mechanisms are also indicated. The discussion includes an analysis of success and potential obstacles. Acknowledging challenges as natural hurdles, suggestions for advanced approaches such as mentoring or additional training are proposed. The evaluation results provide profound insights for developing future community service programs, emphasizing material adjustments and a more focused approach. In conclusion, this community service affirms the success of increasing community understanding through counseling activities, but the challenges require a sustainable approach. Future program development is expected to be more effective in responding to community needs and contextual changes regarding the non-litigation resolution of MSME disputes.  

Analysis of Novelty Elements as a Requirement for Patent Registration in Law Number 13 of 2016 Concerning Patents

This study delves into the elements of patent rights and dispute resolution strategies in cases of patent infringement. The background of the research stems from the necessity to understand the legal framework surrounding patent protection and the mechanisms available for resolving disputes in the event of infringement. The primary objective is to identify the crucial components of patent rights and the various methods employed to address disputes arising from alleged patent violations. Employing a normative legal research approach, with both conceptual and statutory analyses, this study aims to provide a comprehensive overview of the subject matter. The findings underscore the significance of novelty as a fundamental criterion for patent acceptance, as defined by Law Number 13 of 2016 concerning Patents. Novelty, characterized by the absence of prior public disclosure, usage, or inclusion in existing knowledge standards, is essential for patent registration. The study reveals that patent disputes concerning novelty can be addressed through diverse legal avenues, including patent removal suits, trial proceedings, mediation, patent reexamination, out-of-court settlements, and appellate processes. Furthermore, alternative mechanisms such as arbitration offer additional pathways for resolving disputes. The implications of this research highlight the importance of adhering to novelty requirements during patent registration and understanding the array of dispute resolution mechanisms available to safeguard intellectual property rights.

Mining Conflict and Sustainable Development: A Review of Case Studies and Theoretical Framework

Mining has significant impacts on the environment and communities. Conflicts often arise between mining companies, governments and local communities over issues such as evictions, environmental damage and pollution. These conflicts can hinder sustainable development efforts. This research aims to review the literature on mining conflicts and sustainable development. This research uses the literature review method. The literature reviewed includes scientific articles, books, and research reports. The results of this study conclude that mining conflicts can hinder sustainable development by causing social instability, environmental damage and investment barriers. To address these conflicts, we recommend an approach that involves all stakeholders, emphasises good governance, responsible environmental management, empowerment of local communities, and effective dispute resolution mechanisms

The role and significance of International Commercial Arbitration in investment disputes

International commercial arbitration (ICA) is an important dispute resolution mechanism in the field of international trade and investment. In the conditions of constant globalization and the growing integration of the world economy, there is a need to effectively resolve conflicts arising in the sphere of commerce and investment relations. In recent decades, there has been a significant increase in investment disputes related to various aspects of business, from contractual obligations to the protection of foreign investments.
 Consideration of investment disputes in the ICA involves the use of the principles of the autonomy of the will of the parties, confidentiality, and finality of decisions, which makes this mechanism particularly attractive for businesses and investors. Scientific research in this area is of great importance for understanding the effectiveness and prospects of the development of the ICA as a tool for resolving investment disputes.
 In this context, the analysis of the role and significance of the ICA in investment disputes is of great practical and scientific importance. This article aims to consider the main aspects of International Commercial Arbitration in the context of solving investment conflicts, in particular, to analyze the principles and procedures, consider cases of successful use of the ICA, as well as determine the advantages of this mechanism compared to ordinary court procedures.
 This article analyzes the role and significance of International Commercial Arbitration in the context of investment dispute resolution. Important principles and procedures of the ICA that ensure effective and fair resolution of conflicts between business and investors are emphasized. An analysis of the advantages of the ICA compared to traditional court procedures is carried out, in particular its contribution to the investment climate and investor confidence. Based on the analysis of examples of successful dispute resolution through the ICA, recommendations are provided for the parties in resolving investment conflicts. This article has implications for practitioners, academic researchers, and anyone interested in international trade and investment.

Access to justice and multinational corporations: promoting privately driven transnational hybrid adjudication

Abstract This chapter focuses on the delivery of justice to victims of corporate conduct through privately driven transnational hybrid dispute resolution mechanisms. The advent of such mechanisms is now evident through the creation of Meta’s Oversight Board (‘OSB’). How to incorporate such privately driven justice mechanisms in more conventional forms of legal ordering is an important question constituting the central inquiry of this reflection. Via the example of the OSB, this chapter highlights how some content moderation disputes between Meta, one of the most powerful technology companies today, and its users is being resolved using innovative private adjudicative mechanisms. It is then argued that forums like the OSB should be deferred to. But only if the quality of justice provided is consistent with international standards. Where those standards are met, the broad circulation of decisions made by privately driven adjudicative mechanisms should be promoted. This requires proactive, outcome driven, and coordinated international institutional action.

Academic citizenship as a mediating mechanism

Various skills necessary to conduct mediation—a popular alternative dispute resolution mechanism—from effective trust-building to active-listening can be extrapolated and applied to defining and manifesting good academic citizenship. This essay suggests that learning how to communicate better, by understanding the interest of others while advocating for our own, is an essential—and often lacking—skill for many academics. Not only is communication a sign of respect that we are willing to engage with one another, but perhaps more relevant to the issue of academic citizenship, effective communication entails empathy and kindness, which fosters the willingness for the other side to reciprocate. This feeling of mutual respect and reciprocity are key ingredients to engendering safety and a sense of belonging, which often produce successful outcomes in mediation. This essay, relying on personal narratives, submits that these elements are currently lacking across many pockets of academia, where various instances of failure to communicate have created a sense of distrust and unnecessary acrimony. Learning how to mediate could offer academics a path out of this conundrum, which could also contribute to strengthening our collective sense of academic citizenship.

Community radio and post-conflict peace building: A study of Orisun 89.5 FM in Ife–Modakeke, Osun State, Nigeria

In times of conflict or tragedy, radio is essential, especially in underdeveloped nations where the collapse of other communication infrastructure may make radio the sole dependable source of information. This study assessed the extent to which community radio has contributed to the peacebuilding efforts after the Ife–Modakeke conflict in Nigeria, by investigating to ascertain listeners’ perceptions and adoption of the alternative dispute resolution (ADR) mechanism in managing the conflict to avoid a violent escalation. The study applied in-depth interviews and collected data with questionnaires. The findings of the study suggested that the inhabitants of Ife and Modakeke listened intensely to and were aware of the conflict resolution programme on one of the popular radio stations, Orisun 89.5 FM. People also used and knew others, who used the radio programme ‘ADR mechanism’ on the radio to resolve the conflict and avoid violent escalation. Since it was the only peacebuilding programme, the study found that this radio programme was an effective peacebuilding tool in the Ife–Modakeke society. The study recommended that such a good effort should be broadcast more often for further heightened awareness of its diverse listeners.

Theoretical Connotation and Mechanism Construction of Digital Justice

With the development of artificial intelligence, the era of big data has come, and digital technology is changing the traditional way of life. The “online dispute resolution mechanism” based on the theory of “digital justice” has become a new type of dispute resolution that helps and promotes the realisation of justice. However, the theory of digital justice in the help of “close to justice” “to achieve justice” at the same time due to the rationality of the data computation there are also some shortcomings, in order to be more standardised and rational use of digital technology to achieve justice, the need for digital justice governance structure for the optimisation and construction.

THE ROLE OF TRANSPARENCY STANDARD: EFFECTIVITY IN PROVING THE BREACH OF FAIR AND EQUITABLE TREATMENT

The existence of agreements in foreign investment does not avoid disputes that occur in foreign investment agreements so there is a dispute resolution mechanism known as investor-state dispute settlement (ISDS). One of the claims often used as the basis for ISDS claims is the Fair and Equitable Treatment (FET) principle. In practice, investors often fail to prove violations due to lacking elements in their proof. The transparency standard is one of the elements that can support investors in proving the violations. In practice, transparency standards are rarely used to prove violations of the FET principle because there are still no clear parameters regarding implementing these standards and what kind of transparency standards can be said to violate the FET principle. The purpose of this study is to determine the role of transparency standards in their position as part of the FET principle and to determine the effectiveness of transparency standards in proving violations of FET in ISDS practices. The research method used in writing this thesis is to take a normative juridical approach by studying and examining secondary data in the form of international arbitration case jurisprudence, bilateral agreements, and international customs. The data is collected through literature studies obtained from primary and secondary data, which are then analyzed qualitatively. Based on the results of this study, it can be concluded that transparency standards have a protective role for investors and host states as an instrument to resolve legal uncertainty about existing decisions and policies and as a basis for analytical considerations to distinguish between legitimate regulatory actions and takeover actions that can indirectly violate the FET principle. Nonetheless, the Tribunal did not explicitly mention the transparency standard, but it was effectively used as a basis for arguments in evidence.

THE ROLE OF BUSINESS LAW IN IMPROVING CONSUMER PROTECTION IN THE DIGITAL AGE

Purpose: The purpose of this study is to identify and analyze the role of business law in improving consumer protection in the digital era.   Theoretical reference: The development of digital technology has brought significant impacts in the business world, including in terms of interactions between businesses and consumers. The digital era has opened up new opportunities for businesses to sell products and services online, but it has also created new challenges in terms of consumer protection. Consumers often face risks such as fraud, privacy violations, or dissatisfaction with the products or services they purchase online. Therefore, it is important to examine the role of business law in enhancing consumer protection in the digital era.   Method: This research uses a normative research method, while the data collection technique is carried out by literature study which involves searching and analyzing legal documents related to consumer protection in the digital era.   Results and Conclusion: The results show that the role of business law in improving consumer protection in the digital era includes establishing and enforcing regulations that protect consumers, regulating the privacy and security of consumer data, ensuring transparency and clear information for consumers, establishing the responsibility of producers and sellers for the quality, safety, and reliability of products and services offered,  providing effective dispute resolution mechanisms for consumers, and increasing consumer education and awareness, providing information about consumer rights, the risks of online transactions, and how to deal with problems in the digital environment.   Implications of research: The data suggests advocating for tailored business laws to address digital-era consumer protection, privacy, and data security. It emphasizes the importance of legal compliance in digital operations to build consumer trust and mitigate legal risks. Additionally, the data highlights the need to prioritize initiatives aimed at educating consumers about their online rights, risks, and dispute resolution mechanisms, ultimately empowering them in the digital landscape.   Originality/value: The data contributes to legal scholarship by addressing a critical gap through the exploration of how business law intersects with consumer protection in the digital age. It provides practical relevance by offering actionable insights for policymakers, businesses, and consumers to navigate the rapidly evolving legal and digital landscapes. Furthermore, it paves the way for future research by highlighting the need for further inquiry into the effectiveness of legal interventions and the evolution of consumer behaviors online.

Kedudukan Peradilan Pajak dalam Sistem Peradilan di Indonesia

This paper was prepared against the background of the unclear position of the Tax Court in the judicial system in Indonesia. This research uses normative juridical methods supported by data collection techniques using literature studies intended to obtain secondary data. In conducting this research, the type of research used by the author is normative juridical, or also often referred to as normative legal research. The choice of this type of research is intended to obtain theoretical matters, principles, conceptions, legal doctrines, and legal methods related to the position of tax justice in the judicial system in Indonesia. The issues studied in this study are the position of the Tax Court in the judicial system in Indonesia, and whether the tax dispute resolution mechanism according to Law No. 14 of 2002 is in line with the principle of judicial power in Indonesia. This research uses.