Dispute Resolution Mechanisms Research Articles

The Enhancement of the Horizontal Ecological Protection Compensation Mechanism in the Yu-Lu Section of the Yellow River Basin

Horizontal ecological compensation represents a significant institutional innovation aimed at advancing ecological civilization and serves as a key functional strategy within China’s current management framework. This paper employs the horizontal ecological protection compensation agreement of the Yu-Lu section of the Yellow River Basin as a case study. Using a game theory model and theoretical analysis, the paper explores the underlying connotations, theoretical foundations, and legal characteristics of the basin’s horizontal ecological protection compensation mechanism. This analysis reveals several challenges within the existing horizontal ecological protection compensation system in the Yellow River Basin, including the predominance of a single compensation entity, unclear compensation standards, a compensation model limited to monetary transfers, and the absence of an effective dispute resolution mechanism. This paper further examines potential improvements to the horizontal ecological protection compensation framework in the Yellow River Basin from a legal system perspective, with the aim of addressing these practical challenges and fostering the region’s ecological, environmental, and economic development.

Identification and Disclosure of TPF in International Investment Arbitration: A Perspective from ICSID Jurisdiction

This article delves into the multifaceted role of third-party funding (TPF) in international investment arbitration (ISA), scrutinizing its burgeoning influence and the attendant risks to the arbitration process's integrity. The paper underscores the imperative for legal reforms within the ICSID framework to bolster transparency and fairness by advocating for a more precise definition of TPF, enhancing evidence standards, and emphasizing the transparency of non-profit TPF. It tackles the practical challenges arising from the current ambiguities in TPF definitions and proposes reforms to mitigate the risks of conflicts of interest. The paper's objective is to ensure that arbitration processes remain efficient, fair, and free from undue influence, thereby upholding the integrity and legitimacy of international dispute resolution mechanisms and maintaining public trust in the arbitration's outcomes. This analysis is crucial for understanding the evolving landscape of TPF in ISA and for shaping the future of legal reforms that will safeguard the fairness and efficiency of arbitration proceedings in the international arena.

Courting controversy? The constitutional implications of the Court of Justice of the European Union’s involvement in the resolution of disputes after Brexit

Abstract The article sheds light on the under-discussed, but nonetheless constitutionally significant issue of the changing landscape for dispute resolution between the United Kingdom (UK) and the European Union (EU) post-Brexit. This pertains, in particular, to the Court of Justice of the European Union’s (CJEU) likely involvement in the resolution of disputes between the two parties across the arrangements governing both the UK’s withdrawal from and future relationship with the EU. The authors explore the dispute resolution mechanisms under the Withdrawal Agreement and the Trade and Cooperation Agreement (TCA), as well as the Court’s ‘legacy role’ in relation to (former) EU law concepts beyond the confines of the two Agreements. This article thereby evaluates the constitutional importance of the future role of the CJEU as a dispute settlement forum in these contexts, including the relationship between sources of ‘norms’ and the extent to which the UK will remain subject to its jurisdiction, or at least its influence, in the long term, whether directly or indirectly. It is argued that the CJEU’s influence, as well as the authority of EU law in the UK more generally, is now mediated through domestic law concepts, such as the recently devised concept of ‘assimilated EU law’, which replaces ‘retained EU law’, and which have the capacity to obfuscate the constitutional origins and thereby the constitutional legacy of EU-derived concepts. The article further contends that the ostensibly restricted involvement of the CJEU in the UK–EU relationship after Brexit must be appraised through the prism of the Withdrawal Agreement and TCAs’ provisions, which possess uniform legal force in both jurisdictions. The Agreements indicate a more expansive and enduring constitutional role for the CJEU and EU law concepts broadly speaking, than the one the then UK Government has publicly conceived. Consequently, a notable dissonance emerges between the political objective of ‘taking back control’ and the reality created by the legal framework governing the UK’s cooperation with the EU including the mechanism for resolving future disputes. Despite Brexit, the CJEU will continue to shape the constitutional contours of the relationship between domestic and Union law as well as between domestic sources of law, for many years to come.

Towards Better Cooperation: Legal Analysis on Coping with Climate Change in the Mekong River Basin

Mekong River is facing the severe Challenges of Climate Change, but the legal regime of the Mekong River has some deficiencies in terms of cooperation scope, substantive rules and procedural rules to adapt to Climate Change, such as lacking a basin-wide, and legally binding agreement, lacking enough Climate Change adaptative clauses in the agreement and basin-wide dispute resolution mechanism. Thus, this paper claims that riparian states should incorporate all procedure rules into the 1995 Mekong River, revise substantive rules in the 1995 Mekong River, negotiate a MOU on water allocation provisions between all riparian states, and enhance cooperation under LMC.

Arbitration in Resolving Construction Cost Claim Disputes Due to Time Extensions: A Study of Contract Law in Indonesia

This research aims to analyze the resolution of construction cost claim disputes arising from time extensions, focusing on the arbitration mechanism. The findings indicate that delays in the completion of construction projects not only give rise to cost claim disputes but also necessitate a meticulous analysis of the causes of the delays and the responsibilities of the parties involved. In this regard, arbitration offers a more effective and efficient dispute resolution mechanism than litigation. The advantages of arbitration, including the speed of the process, confidentiality, expertise of arbitrators, procedural flexibility, and binding awards, make it a favourable option for the parties. Therefore, the parties must pay close attention to the arbitration clause in the construction contract. This clause must be formulated clearly and definitively, encompassing the types of construction cost claim disputes arising from time extensions, including claims for price adjustment, overhead costs, extension of performance bonds, material demurrage, and equipment idleness. In addition, the parties can also utilize the Binding Opinions of the BANI Arbitration Center as an instrument for dispute prevention and resolution. For information, Binding Opinions have binding legal force on the parties and are enforceable through the District Court. Thus, the Binding Opinions of the BANI Arbitration Center are beneficial as a dispute resolution instrument and contribute to the development of legal scholarship.

Sustainability of Infrastructure Development in Indonesia: A Legal Analysis of Price Adjustments in Construction Contracts

This study examines the mechanism of price adjustments in construction contracts in Indonesia from philosophical, juridical, and practical perspectives. The background of this issue stems from fluctuations in construction material prices, which often threaten the sustainability of infrastructure projects. To address this issue, this study aims to analyze the philosophical foundations and legal doctrines underlying the price adjustment mechanism, evaluate the regulatory framework in Indonesia, and formulate recommendations to enhance the effectiveness of dispute prevention and resolution mechanisms. Employing a juridical-normative research method, this study analyzes the principle of contractual fairness and the doctrine of rebus sic stantibus as the foundation for price adjustments. The results show that Law Number 2 of 2017, Presidential Regulation Number 16 of 2018, and their implementing regulations have regulated the mechanism of price adjustments; however, their implementation still faces obstacles in the form of administrative complexity and transaction costs. To increase the effectiveness of this mechanism, the standardization of price adjustment clauses referring to international best practices, such as the FIDIC contract standards, is needed. In addition, optimization of a digital technology-based price information system, capacity building for stakeholders, and development of effective dispute resolution mechanisms, mainly through arbitration, are necessary. In conclusion, this study affirms that harmonising philosophical foundations, legal doctrines, adaptive regulations, and effective dispute prevention and resolution mechanisms is the key to optimizing price adjustments in construction contracts to support the investment climate and sustainable infrastructure development in Indonesia.

The Dynamism of the Structure and Mechanism of the Alternative Dispute Resolution (ADR) System in Bangladesh for Dispute Resolution Outside the Formal Courts

This study aimed to investigate the dynamic nature of this hybrid system to serve society in contemporary Bangladesh's changing circumstances effectively. Through a content analysis of documents and literature, it was found that the system is quite dynamic and effective in terms of structure and mechanism. Over the years, it has expanded in terms of scope and institutions to cover resolutions of conflicts relating to not only family affairs but civil disputes and even selected criminal cases. It is now compulsory for civil disputes to be addressed first through ADR. The system is gaining popularity in the country. The various ADR institutions entertain a large and increasing number of disputes of both natures every year. In most cases, the rate of success in resolving the cases submitted to these institutions is as high as 88%. However, handling civil disputes through ADR has yet to become popular. The record shows that in four districts, only 2.2% of civil suits were disposed of through ADR during 2012 and 2014. It suggests that adequate efforts need to be made to make ADR popular in this respect as well.

Legal Protections for Lead Banks in Syndicated Loan Agreements: Addressing Borrower Defaults in Batam City

A syndicated loan is a form of credit extended by more than one Bank Perkreditan Rakyat (BPR) to finance the needs of a single debtor. In Batam City, syndicated loans have become a common practice among BPRs to accommodate debtors requiring large-scale financing. The primary objective of syndicated loans is to ensure compliance with the regulations set by Bank Indonesia and the Otoritas Jasa Keuangan (OJK). In the implementation of syndicated loans, one bank assumes the role of the lead bank, which is the principal bank responsible for managing the syndicated loan. The lead bank’s duties include managing the financing process, conducting debtor analysis, and overseeing the debtor’s compliance with syndicated loan obligations. This study aims to analyze the implementation of dispute resolution mechanisms for syndicated loans in cases of debtor default and the legal protection afforded to lead banks during such proceedings. The research employs an empirical method to provide a practical overview of the resolution of syndicated loan disputes in real-world settings. The findings reveal that disputes arising from debtor defaults in syndicated loans are effectively resolved through negotiation. In these proceedings, the lead bank actively facilitates open communication with the debtor to find optimal solutions, enabling the debtor to fulfill their obligations. Additionally, the lead bank is afforded legal protection as stipulated in the syndicated loan agreement executed prior to the disbursement of the loan. This legal protection proves to be highly effective in mitigating potential risks associated with debtor default, thereby safeguarding the lead bank from financial losses. Consequently, the implementation of syndicated loans in Batam City not only streamlines access to financing for debtors but also ensures legal certainty for all parties involved.

SETTLEMENT OF CONSUMER DISPUTES BY CONSUMER DISPUTE RESOLUTION AGENCY

Consumer dispute resolution outside the court through the Consumer Dispute Settlement Agency (BPSK) has become an increasingly important alternative in Indonesia's consumer protection legal system. This study aims to analyse the legal framework and the effectiveness of the BPSK in resolving disputes between consumers and businesses. The methodology used is a normative juridical approach, conducting literature studies on relevant laws and regulations, legal literature, and BPSK decisions. The results show that BPSK has a strong legal basis in the Consumer Protection Act, but there are several obstacles in its implementation, such as limitations in executorial authority and inconsistencies in legal interpretation. In conclusion, although BPSK has the potential to be an effective dispute resolution mechanism, regulatory improvements and institutional strengthening are needed to enhance legal certainty and consumer protection in Indonesia.

Resolving Mining Disputes in Tanzania: An Examination of The Role of Arbitration

Disputes are an inevitable aspect of socioeconomic activities, and the mining sector is no exception. As one of the most important sectors of Tanzania's economy, mining often witnesses conflicts between various stakeholders, including government entities, mining corporations, local communities, human rights defenders, and environmental activists. Given the significance of this sector, establishing effective dispute resolution mechanisms is essential for ensuring its sustained growth and prosperity. This paper examines the role of arbitration as a key mechanism for resolving mining disputes in Tanzania. Arbitration, as an alternative dispute resolution (ADR) method, provides parties with the opportunity to resolve conflicts outside the traditional court system through a neutral third party. The paper also explores the challenges of using arbitration in mining disputes and suggests ways to improve the arbitration system in Tanzania.

Effect of Dispute Resolution Mechanism Reforms on Rental Income Tax Compliance Among Property Owners in Ngong Town, Kenya

Effect of Dispute Resolution Mechanism Reforms on Rental Income Tax Compliance Among Property Owners in Ngong Town, Kenya

Evaluation of Dispute Resolution Mechanism of China ASEAN Free Trade Area

Evaluation of Dispute Resolution Mechanism of China ASEAN Free Trade Area

Successful Settlement of Debts and Receivables Using Mediation Mechanisms

Humans as social beings are always bound in various social relationships that require rules to regulate interactions and avoid conflicts. In the legal context, agreements made between parties play an important role in the formation of legal relationships, and are regulated in the Civil Code (KUHPerdata). One of the methods of dispute resolution in the legal world is through mediation, which is regulated in Supreme Court Regulation (PERMA) No. 1 of 2016. Mediation is considered a more efficient and effective alternative to litigation, especially in the business world which often faces debt and receivable disputes. This study aims to examine the success of debt and receivables dispute resolution through mediation between PT SukaSari Mitra Mandiri as a creditor and UD Jayadi as a debtor. The research method used is normative juridical with an analytical descriptive approach, utilizing primary and secondary data obtained from through interviews and literature studies. The results of the study show that mediation can resolve debt and receivables disputes by producing a peaceful agreement that benefits both parties. This mediation process prioritizes the value of justice and efficiency, where the parties can resolve problems without going through the courts. An evaluation of compliance with a mediation agreement is also important to ensure that both parties meet their obligations as agreed, with potential legal action if either party does not comply with the agreement. This research provides insight into the importance of mediation as a dispute resolution mechanism in the world of business and civil law.

Perlindungan Hukum Bagi Penghadap Penyandang Disabilitas Dalam Pembuatan Akta Notaris

Legal protection for persons with disabilities in the preparation of notary deeds involving land disputes, with a focus on the analysis of Supreme Court Decision Number 1263 K/Pdt/2021. Notaries have a responsibility to ensure that the deeds they make meet the formal and material provisions, especially when it involves persons with disabilities who are vulnerable to potential manipulation or legal errors. This study uses normative juridical methods through a legislative and case approach, by examining the preventive and repressive aspects of the legal protection of persons with disabilities in notary practice. The results of the analysis show that there is the implementation of legal protection for persons with disabilities in notarial practice still faces various significant obstacles, including limited infrastructure, lack of notary competence in serving persons with disabilities, and the absence of standardization of special service procedures. The preventive aspect includes the obligation of notaries to ensure the understanding of the parties, provide accessibility, and verify legal capacity without discrimination. Meanwhile, the repressive aspect is manifested in the dispute resolution mechanism and adequate legal assistance for persons with disabilities. Supreme Court Decision Number 1263 K/Pdt/2021 has emphasized the importance of fulfilling formal and material aspects in making notarial deeds involving persons with disabilities, especially regarding the obligation to read the deed and the presence of witnesses. This decision is an important jurisprudence that strengthens legal protection for persons with disabilities in notarial practice and emphasizes the responsibility of notaries in providing services that pay attention to the special needs of persons with disabilities. Systematic efforts are needed in the form of improving notary competence, developing accessible infrastructure, and strengthening the supervision system to optimize the implementation of this legal protection. Keywords : Legal Protection; Disabilities; Notary’s Deed

Measuring WTO Approaches in Resolving Palm Oil and Biofuel Trade Disputes from Indonesia

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p>Indonesia is the world's leading producer of palm oil, with significant exports to European Union member states. However, the EU has recently imposed stricter limitations on palm oil imports, particularly from Indonesia, through policies such as the Renewable Energy Directive (RED) and RED II. This article examines the measures imposed by the WTO to address this trade dispute. Using a doctrinal approach, the study collects data from primary legal sources, such as laws, regulations, and court decisions, as well as secondary sources, including journals and books. The findings reveal that Indonesia's request for negotiations with the EU was rejected, prompting the WTO to establish a panel. However, the panel's decision lacks legal force until the appeal process is concluded. The situation is further complicated by the Appellate Body's inability to function due to the United States’ deliberate refusal to approve new appointments, leaving the dispute unresolved. Consequently, the WTO Dispute Settlement Body's ruling lacks legal certainty, raising the potential for a trade war between Indonesia and the EU. This research underscores the need for effective dispute resolution mechanisms within the WTO to address such critical trade issues.</p></td></tr></tbody></table></div>

Legal Harmonisation in BRICS: Analysing Cross-Border Trade Rules and Dispute Settlement Mechanisms

This study explores the legal harmonization of cross-border trade regulations and dispute settlement mechanisms within the BRICS bloc, comprising Brazil, Russia, India, China, and South Africa. With diverse legal traditions and economic priorities, BRICS nations face significant challenges in aligning their legal frameworks to foster seamless trade and effective dispute resolution. Using a normative juridical approach, this research examines regulatory disparities, existing dispute resolution mechanisms, and the potential for harmonization. The findings highlight key barriers, such as fragmented legal systems, inconsistent enforcement, and limited institutional capacity, while proposing actionable strategies, including standardized tariff systems, mutual recognition agreements, and the establishment of a centralized arbitration body. By addressing these issues, the study underscores the importance of legal alignment for enhancing economic integration and strengthening BRICS' position in global trade.

A Comparative Analysis of Mechanisms for Settlement of Election Disputes: Case Studies of Indonesia and South Africa

This study provides a comparative analysis of the mechanisms for settling election disputes in Indonesia and South Africa, focusing on transparency, accountability, effectiveness, and efficiency. Despite notable democratic advancements, both nations continue to grapple with challenges that could undermine the legitimacy of electoral outcomes and democratic stability. The research investigates how transparent and inclusive these mechanisms are, the extent of public scrutiny, and the accountability measures in place for responsible parties. It also assesses the timeliness of dispute resolution, enforceability of decisions, and their overall impact on electoral integrity and legitimacy. Key findings highlight the roles of Indonesia's Bawaslu and South Africa's IEC in ensuring openness and public participation while identifying political interference, resource constraints, and procedural complexities as significant challenges. The study further explores best practices such as engaging civil society, simplifying procedures, and adopting technology to enhance dispute resolution mechanisms. Through this analysis, the research contributes to the understanding of electoral governance and offers policy recommendations to strengthen democratic institutions in Indonesia and South Africa.

Pancasila in the Perspective of Customary Law in Indonesia

Harmonization between Pancasila and customary law in Indonesia, to identify the potential of customary law in strengthening Pancasila values in the context of the national legal system. This research uses a qualitative approach, collecting data through literature studies by searching various relevant literature, both in the form of books, scientific journals, and literature related to Pancasila and customary law in Indonesia. The results of the study show that there is harmony between the precepts of Pancasila and the values contained in customary law, especially in terms of togetherness, social justice, and respect for community life. However, there are still challenges in harmonization, such as the dominance of national law and the lack of formal recognition of customary law. Therefore, this article recommends several steps to achieve better harmonization, including formal recognition of the role of customary law, strengthening the capacity of customary law communities, and implementing deliberative dispute resolution mechanisms. This research emphasizes that customary law has a strategic role in strengthening the implementation of Pancasila values, so that it can contribute to a more equitable national development based on local wisdom.

Cross-Border Insolvency and Sustainable Business Growth: Legal Frameworks, Challenges, and Strategies in a Globalized Economy

In today’s interconnected world economy, businesses operate cross borders to access new thriving markets, resources, and growth opportunities. However, the quest for sustainable business growth often encounters unforeseen challenges, particularly in Cross-Border Insolvency. This research paper observes the intricate relationship between Cross-Border Insolvency and the execution of sustainable business growth within the realm of international legal frameworks, underlying challenges, and the adoption of strategic measures. The main premise of this study is to research how the legal structure governing cross-border insolvency affects the ability of businesses to uphold the sustainability and drive growth in a globalized economy. This research acknowledges that businesses, regardless of size or sector, are susceptible to financial instability, and their ability to navigate cross-border insolvency matters is integral to preserving and advancing their operations on an international scale. A fundamental element of this research includes a comparative analysis of different legal frameworks for cross-border insolvency in different jurisdiction across the world. The study delves into the divergences in domestic insolvency laws, look into the concept of recognition and enforcement of foreign insolvency proceedings, also contemplate the implications of international treaties such as UNICITRAL Model Law On Cross Border Insolvency. Recognizing those issues which are inherent in the global business landscape, this research paper assesses and identifies the multifaceted challenges which are faced by businesses when confronted with cross-border insolvency. Such issues range from domestic complex legal procedures and cultural disparities to challenges related to asset recovery and dispute resolution. The paper also examines the unique challenges that micro, small, and medium-sized enterprises (MSMEs) encounter in this context. To address these issues and foster sustainable business growth, the paper intent to focus on a series of strategic measures and solutions that businesses can employ. This includes exploring the effectiveness of pre-insolvency planning, assessing the role of alternative dispute resolution mechanisms, and discussing the benefits of insolvency reforms that prioritize the rescue and rehabilitation of distressed companies.

Solusi dan Langkah Kongkrit dalam Penyelesaian Sengketa Pertanahan di Indonesia

The existence of a conflict of interest in land causes land disputes. In order to realize the welfare of the community in the use and control of land, it is hoped that there will be improvements, both in the field of land use and land arrangement, with the realization of these improvements it is hoped that legal certainty in land in Indonesia will be born. The purpose of this study is to find out and describe solutions and concrete steps in resolving land disputes in Indonesia and dispute resolution mechanisms that can be taken both by litigation and non-litigation. This research is processed with a normative juridical approach method, namely by looking at law as a set of regulations/rules or doctrines that have a normative nature (law in book). The results of land disputes have complex roots, both from a legal and institutional perspective, laws and regulations need to be clarified and strengthened so that there are no legal weaknesses and loopholes that cause disputes. Dispute resolution can be done both by litigation and non-litigation.