Dispute Resolution Mechanisms Research Articles

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.

Electronic dispute resolution in business: Opportunities for implementation in Kazakhstan

Relevance. The relevance of conducting a study on alternative dispute resolution between business entities stems from the fact that the current processes of digitalisation and globalisation have extended the opportunities for the introduction of innovative technologies in court proceedings. Purpose. Among the key tasks and objectives of the study was the analysis of the mechanism for implementing electronic dispute resolution in business activities, highlighting its characteristic features and the principles on which this activity is based. Methodology. The methods used in the present study are the theoretical-methodological approach, the functional methodological approach, the method of legal hermeneutics, the dogmatic methodological approach, the method of synthesis and others. Results. The study analysed the specifics of the implementation of mediation as an electronic dispute resolution method in business. International practices have been analysed and the advantages and disadvantages of implementing an electronic dispute resolution mechanism in the business sector have been highlighted and recommendations have been made to make the implementation of the mechanism in Kazakhstan more effective. To complete the analysis, statistical data were reviewed, based on dispute resolution by courts of general jurisdiction and the Specialised Inter-District Economic Court in comparison to the methods they use, and analysis was carried out on the use of mediation and settlement agreements, as well as through the use of online systems. Conclusions. A scientific study of electronic dispute resolution reveals that integrating innovative communication technologies into legal proceedings significantly enhances traditional dispute resolution methods. Electronic dispute resolution can address conflicts ranging from interpersonal disputes to state-level conflicts and is particularly beneficial for business disputes. The practical value of the findings is that the introduction of an effective e-justice mechanism will provide an opportunity to protect the rights of entrepreneurs and conduct this type of activity in the Republic of Kazakhstan. Keywords: protection of entrepreneurs; mediation; arbitration; foreign economic disputes; electronic justice; negotiations

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.

Unravelling Factors Influencing the Mutually Agreed Solution in International Trade Disputes: An Empirical Exploration Based on WTO Disputes

Abstract This study explores the factors influencing the achievement of a mutually agreed solution (MAS) in international trade disputes, drawing insights and patterns from the WTO dispute experience. Through an in-depth examination of prevailing literature and compliance theories, the research pinpoints various factors that impact the achievement of MAS in WTO disputes, including the dynamics of economic size, experience in WTO litigation, reputation as a respondent, and costs in time. The results, obtained through a probit model, reveal the significance of economic size in achieving MAS, where the complainant’s GDP surpasses that of the respondent but not the per capita GDP and trade ratio. Originally, this study discloses that experience in WTO litigation as a disputing party and reputation as the respondent also influence the willingness to settle amicably. While this research primarily centres on the WTO, its findings, derived from WTO data, have broader implications. The identified factors are not only pertinent to WTO members but also hold relevance for solving trade disputes between states. Recognizing these factors is crucial for policymakers across different trade platforms to devise strategies that bolster collaboration and elevate the efficacy of their respective dispute-resolution mechanisms. By illuminating the complexities of the decision-making processes in achieving MAS, this study offers invaluable insights. These insights are instrumental for all stakeholders involved in trade disputes, guiding them towards forging consensus-driven solutions that uphold the principles of just and balanced international trade.

The Role of ADR in Resolving Disputes Related to Medical Negligence

In today’s fast-paced world, a rapid rise in instances of Medical Negligence has been observed since the last decade. Cases of Medical Negligence happen when healthcare practitioners like doctors, and nurses, or when any hospital deviates from its standard duty of care, the consequence of which results in harm and injury to a patient. Due to the failure of medical professionals to exercise due care, individuals and their families may pursue recompense for the injuries suffered as a result of the misconduct and negligence exhibited by doctors, nurses, or other healthcare practitioners. The disputes related to medical negligence are generally settled by the traditional justice system i.e., Litigation which involves appearing before the Hon’ble Court and having a Judge decide on a particular dispute in question. In light of the protracted and costly nature of our nation’s legal system, which often yields results that may not meet the parties’ desired outcomes, alternative dispute resolution (ADR) mechanisms, including arbitration and mediation, have emerged as prominent approaches for resolving medical malpractice disputes involving healthcare practitioners. These ADR procedures are currently considered as feasible alternatives to the extended and expensive litigation procedure. ADR mechanism enables disputing parties to let them resolve their disagreements outside the court in a more cooperative as well as efficient manner. A mediator is a neutral third party that encourages conversation between opposing parties and eventually assists them in reaching an equitable settlement agreed upon by both disputing parties. In contrast, a neutral third person, known as an arbitrator, participates in the arbitration court and listens to the evidence of the parties engaged in the dispute before making a binding judgment on the case’s conclusion.

What Is The Process Of Resolving Disputes In International Business Law?

The complex global business landscape often creates conflict between entities, highlighting the need for efficient dispute-resolution mechanisms. Increased competition between countries can result in disputes that require immediate attention and require careful consideration of the structure of international and national communities. The importance of dispute resolution mechanisms is visible in the complexity of international business activities. This research aims to deepen a more essential understanding of alternative dispute resolution mechanisms in international business law. This objective is achieved by stating two research questions: the scope of resolving trade disputes and the alternative resolutions for international trade disputes. This is comparative qualitative research carried out in the literature concerning a normative juridical approach. Data was collected by searching relevant literature and legal materials for normative qualitative analysis. This research found that two types of disputes are commonly encountered in the legal process: disputes that are legal or can be resolved and conflicts that are political or cannot be resolved. Alternative Dispute Resolution (ADR) stands out for its effectiveness and efficiency in dispute resolution law. ADR aligns with the evolving dynamics of global trade, providing a valuable tool for managing disputes between business entities. Alternative. At least three alternative dispute resolution options can be chosen: (i) Resolving international trade disputes through mediation; (ii) Resolving international trade disputes through the World Trade Organization (WTO); Resolving disputes in international business through arbitration. This research suggests that it would be best to consider alternatives for resolving trade disputes according to the case's complexity level.

Extrajudicial Dispute Resolution in Handling Environmental Cases in Indonesia (Case Study: River Water Pollution by PT Sugar Labinta in South Lampung)

This paper examines extrajudicial dispute resolution mechanisms utilized in addressing environmental cases in Indonesia, with a focus on a specific case involving the alleged pollution of river water by PT Sugar Labinta in South Lampung. It delves into the legal frameworks, stakeholder engagement processes, and outcomes of extrajudicial dispute resolution efforts in environmental matters. Drawing on a case study approach, the paper analyzes the effectiveness and challenges of extrajudicial mechanisms in resolving environmental disputes, particularly in cases of alleged pollution by industrial entities. It explores the roles of various stakeholders, including government agencies, industry representatives, affected communities, and non-governmental organizations, in the resolution process. Furthermore, the paper evaluates the implications of extrajudicial dispute resolution on environmental protection, legal accountability, and community rights. It examines the extent to which such mechanisms contribute to the realization of environmental justice, sustainable development, and corporate responsibility in Indonesia. In conclusion, the paper offers insights into the strengths and limitations of extrajudicial dispute resolution in handling environmental cases, using the PT Sugar Labinta case as a lens. It suggests recommendations for improving the effectiveness and fairness of extrajudicial mechanisms, enhancing transparency, accountability, and community participation in environmental decision-making processes.

Reformulation of Commercial Court Authority Regulations Relation to the Arbitration Clause

The issue of jurisdiction in dispute resolution within the Commercial Court arises when the contract designates an arbitration clause as the preferred mechanism for resolving disputes. In the contractual agreement between PT. Swadaya Graha and PT. Rayon Utama Makmur (RUM), the chosen forum for dispute resolution is stipulated to be the National Arbitration Board (BANI). However, concurrently, there is a proposal for dispute resolution within the Commercial Court framework concerning defaulted debt and receivable disputes in PKPU case number 45/Pdt.Sus-PKPU/2020/PN Niaga Smg. This has engendered a legal debate centring on the application of the "lex specialist derogat legi general" principle among the Arbitration Law, the Bankruptcy Law, and PKPU, with regard to the absolute jurisdiction of institutions authorized to examine, decide, and adjudicate incidents of defaulted debt and receivable disputes within the legal relationship between the PKPU Petitioner and the Respondent. The PKPU process is structured within a contract that includes an arbitration clause as the designated dispute resolution mechanism. Given the complications and hurdles posed by these issues, there is a pressing need for legal certainty in the future. Furthermore, there has been a conflict of norms between the Arbitration Law the Bankruptcy Law and PKPU, as evidenced in PKPU case number 45/Pdt.Sus-PKPU/2020/PN Niaga Smg. Hence, a reformulation of the Bankruptcy Law and PKPU regulations is essential to harmonize them with evolving norms and address emerging issues. A vital aspect of this reformulation involves the potential removal or replacement of Article 303 of the Bankruptcy Law and PKPU.

TOWARDS INSTITUTIONALIZING INTERNATIONAL MEDIATION

The obligation to settle international disputes through peaceful means is one of the most fundamental principles of international relations. A variety of dispute resolution mechanisms are at the disposal of states to resolve international disputes. Mediation is undoubtedly one of the most effective dispute-resolution means. However, unlike arbitration and adjudication, there is a lack of consistency in mediation approaches and standards of practice. A careful analysis of international disputes resolved in contemporary history reveals that the facilitators who purport to be mediators do not always comply with fundamental principles of mediation, namely independence, impartiality, and neutrality. This article calls for the institutionalization of international mediation through a permanent independent entity. It argues that institutionalizing mediation is the only way to achieve a reasonable degree of standardization of mediation practices and approaches. The proposed institutionalization will inevitably make mediation more accessible to disputing parties, resulting in a greater number of conflicts being settled through mediation. Institutionalization will also promote research and academic literature in international mediation, bringing about further professionalization of the field. The first part of this article draws a distinction between judicial dispute resolution mechanisms and diplomatic dispute resolution mechanisms, including mediation, which continues to evolve in an organic and unsystematic manner. The second part explores well-known international conflicts that have been successfully or unsuccessfully mediated by prominent individuals, namely the Secretary-General of the United Nations, Heads of state, religious leaders, and other dignitaries. The third and last part of the article makes a case that the UN, states, international organizations, religious leaders, and other prominent individuals are rarely, if ever, suitable mediators because they are not independent, impartial, or neutral for a variety of reasons. The logical conclusion to which the analysis leads is that it is high time to institutionalize international mediation by establishing a permanent independent entity entrusted with mediating international disputes.

Dispute Resolution Mechanism by Dispute Resolution Board According to FIDIC Contract Model and Experience for Vietnam

The article “Dispute resolution mechanism by the Dispute Board according to the FIDIC contract form and experience for Vietnam” researches the theoretical issues related to the FIDIC Contract and the Dispute Settlement Board of the FIDIC. In addition, the article also focuses on researching and analyzing the practice of applying dispute settlement mechanisms by Dispute Settlement Boards in various nations throughout the world. The article's usefulness stems from the knowledge gained while researching this dispute resolution mechanism in countries throughout the world, as well as the present situation of Vietnamese law, which provides solutions and recommendations based on Vietnamese law.

Legal Consequences for Companies that Carry Out Unilateral Termination of Employment

The COVID-19 pandemic has resulted in the Company taking steps to streamline company costs by laying off workers. Many companies experience labor relations disputes, one of which is that the company carries out unilateral termination of employment (PHK) of workers without negotiating with the workers and does not pay attention to the rights of these workers. This research aims to find out and examine the mechanism for resolving industrial relations disputes in Badung Regency as well as knowing and studying the legal consequences for companies that carry out unilateral layoffs of workers with a fixed term work agreement (PKWT) and workers with a fixed term work agreement (PKWTT) in Badung Regency. This research is empirical legal research with a factual approach and a statutory approach. The research results confirm that there are 2 (two) alternative dispute resolution mechanisms for industrial disputes, either through non-litigation channels, namely by bipartite negotiations, mediation, conciliation, arbitration or by litigation, namely through the industrial relations court (PHI). Layoffs can be said to be valid if they have received a decision from the PHI and if without this decision the employer continues to lay off workers in PKWT and PKWTT who received layoffs unilaterally, then the layoffs are not legally valid and are considered null and void. The legal sanction for employers who lay off PKWT workers before their term of employment ends is to fulfill the workers' rights, namely by providing severance pay, gratuity money, compensation money due to the layoff.

Dispute resolution mechanism by dispute resolution board according to FIDIC contract model and experience for Vietnam

The article “Dispute resolution mechanism by the Dispute Board according to the FIDIC contract form and experience for Vietnam” researches the theoretical issues related to the FIDIC Contract and the Dispute Settlement Board of the FIDIC. In addition, the article also focuses on researching and analyzing the practice of applying dispute settlement mechanisms by Dispute Settlement Boards in various nations throughout the world. The article's usefulness stems from the knowledge gained while researching this dispute resolution mechanism in countries throughout the world, as well as the present situation of Vietnamese law, which provides solutions and recommendations based on Vietnamese law.

ENERGY REGIONALISM IN WIDER EUROPE: SUB-REGIONAL ENERGY DYNAMICS AND THE EU’S EASTERN PARTNERSHIP

This article investigates energy regionalism in wider Europe, examining extra-regional and intra-regional challenges. In recent years, the European Union (EU) has taken concrete steps to enhance its energy security and reduce its dependence on Russia. Russia's invasion of Ukraine has further highlighted the critical dimension of the energy crisis between Russia and the EU. This study emphasizes the vital role of sub-regional energy dynamics in regional policy formulation and criticizes the EU's regional approach. In this realm, the article assesses the EU's Eastern Partnership through the Caucasus Eastern Partnership countries (Armenia, Azerbaijan, Georgia) and the Northeast Europe Eastern Partnership countries (Ukraine, Moldova, Belarus). Thus, countries' recent initiatives will be investigated to demonstrate how they cope with issues of energy security. In the end, the article underlines the necessity for the adoption of tailor-made sub-regional energy policies by the EU. For Northeast Europe Eastern Partnership countries, the EU needs to support energy market liberalization and stability, invest in critical infrastructural developments, foster effective dispute resolution mechanisms, and maintain transparent transit conditions. For Caucasus Eastern Partnership countries, the EU needs to facilitate multilateral energy cooperation and dialogue, promote energy market liberalization, and facilitate energy interconnection. In short, strong political leadership and continuous efforts to foster collaboration and interconnectivity in wider Europe are necessary to enhance energy security.

El acceso a la justicia arbitral: reflexiones sobre el amparo de pobreza en los procesos arbitrales en Colombia

This article explores the complex legal and constitutional implications of granting fee waivers in arbitration proceedings in Colombia. Fee waivers are a constitutional guarantee that exempts individuals from certain procedural costs in legal proceedings due to economic hardship, ensuring access to justice. However, its application in arbitration has been a subject of intense debate, as this figure is generally specific to ordinary courts. In this context, the inherent costs of arbitration, which are often higher than ordinary court proceedings, are analyzed. The principle of party autonomy is also considered, whereby agreeing to arbitration implies acceptance of associated costs. Critics argue that granting fee waivers could undermine this autonomy and the binding force of the arbitration agreement. Additionally, concerns about potential abuse and the contractual nature of arbitration as distinct from the judicial system are examined. Proponents and some scholars argue that denying fee waivers could effectively prevent those facing extreme economic difficulties from accessing arbitration, violating fundamental rights to access to justice and equality before the law. The article examines proposals for the exceptional and limited application of fee waivers in arbitration, subject to stringent standards. Alternative mechanisms to improve access to arbitral justice for the economically disadvantaged, such as subsidized services, legal aid programs, and specialized arbitration centers, are also discussed. The importance of ensuring equitable and equal access to arbitral justice to maintain the integrity, legitimacy, and effectiveness of arbitration as a dispute resolution mechanism is emphasized. A balanced approach is required that respects the principles of arbitration while upholding both constitutional and conventional guarantees. The article concludes with a call for reflection, open debate, and collaboration within the legal community to address this complex issue and shape the future trajectory of arbitration in Colombia.

Realizing Justice and Balance in Labor Reform in Indonesia

This research analyzes labor reform efforts to achieve justice and balance between workers, employers, and the government. Research methods involve policy analysis, literature study, and statistical data. The results include measures such as regulatory changes, dispute resolution mechanisms, access to education, and dialogue between workers and employers. The analysis shows the positive impact of the reform but also identifies barriers to implementation. In conclusion, labor reform makes an important contribution to achieving justice and balance in the labor market.

Intellectual Property Protection in Cross-Border E-Commerce

With the rapid development of Internet technology, electronic trade has become a significant player in the national and global economy. This thesis examines the complex issues surrounding intellectual property rights (IPR) in cross-border electronic trade. The rapid growth of internet technology has led to an increase in transnational economic disputes, particularly in online shopping platforms and e-commerce websites. The presence of pirated products, trademark counterfeiting, brand infringement, and copyright protection are major concerns in this context. Several factors contribute to these disputes, including different legal systems, cultural backgrounds, economic development levels, conflicting interests of countries, and varying stakeholder attitudes towards IPR protection. Notable cases, such as the Apple-Samsung patent dispute and the challenges faced by Alibaba regarding counterfeit goods, highlight the need for comprehensive solutions to safeguard IPR in a globalized marketplace. The thesis also explores how technology can contribute to addressing these challenges. Blockchain technology can provide enhanced security, transparency, and efficiency in managing intellectual property rights. Big data and artificial intelligence can automate the analysis and monitoring of digital content, enabling faster identification and action against infringement. Establishing global collaborative IP protection platforms and innovative dispute resolution mechanisms are also crucial steps forward.

Внедрение публично-правовых механизмов альтернативного разрешения споров в контексте обеспечения доступности правосудия

A study of individual public legal mechanisms for alternative dispute resolution was carried out. The content of the concept of alternative dispute resolution is revealed, a conclusion is formulated about the need to develop public legal mechanisms for al-ternative dispute resolution as the obligation of the state to ensure adequate protection of rights and legitimate interests in the context of these mechanisms. The content and features of individual public mechanisms for resolving disputes are revealed using the example of adjudication, dispute resolution by the state ombudsman, as well as courts of aksakals and councils of biys. The conclusion is made about the admissibility of the reception of foreign models of public legal mechanisms for alternative dispute resolution through the prism of the established practice of dispute resolution and the use of alternative methods of dispute res-olution, as well as, taking into account ethnic and cultural aspects, the compliance of public legal mechanisms for alternative dis-pute resolution with the values of society and the presence of potential the demand for such procedures among citizens.