Dispute Resolution Mechanisms Research Articles

Private Mediation as a Means of Achieving Public Goals

The development and strengthening of private mediation significantly determine the possibilities of overcoming the challenges in the process of the institutionalization of mediation. Establishes an effective system of dispute resolution at the state level. The legal or practical regulation of the abovementioned should be considered a prerequisite for implementing the interests of the subjects of law and forming legal awareness. In addition, the perfect functioning of the justice system, which should ensure the implementation of the legal interests of the subjects of law, is an expression of public and private interests. The well-being and satisfaction of the civil turnover participants are significantly determined by the existence of flexible dispute resolution systems and mechanisms, the correct implementation of which creates guarantees for the stability of civil turnover. In addition, it’s in the public interest that the chain of the means of dispute resolution should be flexible and diverse and allow the interested parties to choose an acceptable method in each case. Regardless of its importance, providing fast and affordable forms of dispute resolution remains a challenge. In addition, it’s important to strengthen cooperation between the public and private sectors in this process, which will be considered an innovation in Georgia. Accordingly, following legislative changes, it is important to raise public awareness, improve legal culture, and strengthen the court’s role in implementing state policy regarding dispute resolution.

Peran Panel dan Appellate Body dalam Penyelesaian Sengketa di WTO

The aim of the research is to determine the role of panels and the Appellate Body in resolving disputes at the WTO. The research method used in this paper is a research method with a normative juridical approach with descriptive-analytical research specifications. The dispute resolution mechanism in the WTO involves five main stages. The first stage is consultation, where the disputing countries try to resolve the problem directly. The second stage includes settlement efforts through good services, conciliation and mediation. The third stage is the establishment of a panel, where independent experts examine the dispute and prepare a report. The fourth stage is the appeals process, where the appeals body reviews the panel's decision if there is an appeal. The final stage is the implementation of the decisions and recommendations issued. The panel is formed within approximately 90 days of the application, consisting of independent experts selected by the DSB. The panel works based on the Terms of Reference (ToR) which regulate the procedures for resolving disputes and is tasked with carrying out an objective assessment of the problems faced, assisting the DSB in making recommendations. If consultations fail, the aggrieved country can request the formation of a panel from the Dispute Settlement Body (DSB). If the panel fails to reach a solution, they must submit a written report to the DSB. This process ensures dispute resolution within a certain time period to ensure legal certainty. In addition, there is an appeal mechanism through the Appellate Body which consists of seven international trade law experts. The appeal process must be completed within 90 days, and the Appellate Body report is final and must be adopted by the DSB.

On some aspects of the WTO Jurisprudence and Dispute Settlement Mechanism

The paper first explores certain aspects of dispute resolution mechanism implemented within the World Trade Organization and then proceeds with the legal analysis of a number of legal presumptions, concepts and principles both of procedural and substantive legal nature developed and applicable within the framework of the above mentioned mechanism for resolving disputes between the WTO member-states. The Paper examines the main features that distinguish the dispute resolution mechanism used within the WTO from the GATT mechanism, which mechanism, i/e/ the one implemented within the WTO framework, is recognized to be more legal in nature in contrast to the more political nature of the GATT dispute resolution mechanism, given that under the GATT mechanism the direct negotiations had more weight in reaching the final settlement than within the WTO system, where formal juridical disciplines, as the practice of dispute settlement indicates, play far more role and has become a key element of the system. Also, certain procedural presumptions and principles applicable in the adjudication process as well as the procedure and feature characteristic for the enforcement of decisions are examined in the paper based on and with reference to the number of panel and Appellate Body decisions. Decisions delivered by panels and the Appelate Body represent a very important tool for the interpretation of the WTO law and shapes the practice of its implementation. In this regard, although it is not considered a formal source, Appelate Body and panel decisions should be considered as an important source of both procedural and substantive WTO law. The DSB practice established under the GATT/WTO law, on the one hand, defines a set of applicable procedural rules and on the other hand, develops the WTO substantive law by way of developing the criteria and rules governing the application of provisions of the WTO agreements and other sources governing rights and obligations of the member-states. Particular attention in this regard is paid to the peculiarities of the application of the principle of responsibility for lawful actions applied in the WTO jurisprudence, under the relevant WTO agreements and more specifically under the GATT, GATS, TRIPS and SCM Agreements. Also a number of procedural concepts the principles e.g. the “prima facie case”, “rational relationship” elaborated in the “Hormone” case, principle of multi-criteria assessment initially applied in «Korea - fresh, chilled and frozen meat» case and negative presumption rule applied by the panels are analysied.

Study on the Problems and Countermeasures of Specially Invited Mediation’s System in China Under the Diversified Dispute Resolution Mechanisms

The Provisions of the Supreme People’s Court on Specially Invited Mediation in the People’s courts, issued in 2016, formally established the specially invited mediation’s system, but the lack of uniform standards for the rules applicable to the specially invited mediation’s system, the unsoundness of safeguard mechanism, and the inefficiency of its operation have not been effectively resolved. Therefore, the scope of application of the specially invited mediation’s system should be clarified through legislation, the entry threshold of specially invited mediators should be raised, a perfect financial guarantee system for specially invited mediation should be established, and a reward and punishment mechanism should be set up to strengthen the punishment for false mediation, preventing false mediation, and increasing the supervision of the specially invited mediation procedure, so as to promote the orderly conduct of specially invited mediation and efficiently resolve disputes.

Study on the Improvement of China's Commercial Mediation System in the Context of the Singapore Convention on Mediation

China has established a diversified dispute resolution mechanism for the settlement of commercial disputes in trade transactions with The birth of the Singapore Convention on Conciliation (hereinafter referred to as "the Convention") is a milestone in the field of international commercial dispute settlement, which is integrated with China's development philosophy of win-win situation. The birth of the Singapore Convention on Conciliation (hereinafter referred to as "the Convention") is a milestone in the field of international commercial dispute settlement, which is integrated with China's development philosophy of win-win cooperation. The Convention strengthens the enforce ability of settlement agreements and brings cross-border enforcement of commercial mediation to a new stage of development. The Convention strengthens the enforce ability of settlement agreements and brings cross-border enforcement of commercial mediation to a new stage of development. From Confucianism, which upholds the concept of "no litigation", to the current innovation of the people's mediation system, China has always attached importance to the harmony of the international community. From Confucianism, which upholds the concept of "no litigation", to the current innovation of the people's mediation system, China has always attached importance to the harmony and stability of social relations at the legal level, and has continuously optimized the dispute However, the convergence between China and the rest of the world has been a major factor in the development of the mediation system, as well as in the current innovation of the people's mediation system. However, the convergence between China's commercial mediation system and the Convention has revealed the existence of legal gaps in the commercial mediation system, uneven professional quality of the mediation system, and the lack of a legal framework for the mediation of disputes. However, the convergence between China's commercial mediation system and the Convention has revealed the existence of legal gaps in the commercial mediation system, uneven professional quality of mediators, and obstacles to the cross-border implementation of settlement agreements. suggested that by improving legislation, formulating the qualification standards for mediators, and cracking down on the degree of false mediation and other corresponding methods, the two should be made more effective. It is suggested that by improving legislation, formulating the qualification standards for mediators, and cracking down on the degree of false mediation and other corresponding methods, the two should be well converged, landed, and compatible, so as to improve the legislation on commercial mediation and the The two should be well converged, landed, and compatible, so as to improve the legislation on commercial mediation and the judicial system in China, and provide more efficient, flexible, convenient, and effective ways of settlement for the vast number of commercial subjects It will improve China's commercial mediation legislation and judicial system, provide a more efficient, flexible, convenient and cost-effective way It will improve China's commercial mediation legislation and judicial system, provide a more efficient, flexible, convenient and cost-effective way of dispute resolution for the majority of commercial subjects, respect the autonomy of commercial subjects, reduce the cost of resolving transnational commercial disputes, maintain a harmonious relationship between commercial subjects, and bring it in line with international standards to create a more favourable, open and rule-of-law system. more favourable, open and rule-of-law business environment.

Maritime Disputes from a Global Perspective and Solutions under International Law

This study explores the utilization and challenges of international laws in resolving global maritime disputes through a detailed analysis of representative cases from South America, Africa, and Asia. It highlights the crucial role of international law, particularly the United Nations Convention on the Law of the Sea (UNCLOS), in providing a legal framework and dispute resolution mechanisms. However, the study also identifies significant challenges, including political interference, legal ambiguity, and enforcement issues. By comparing regional dispute settlement mechanisms, the study demonstrates the effectiveness of multilateral negotiations in South America, regional legal frameworks in Africa, and a combination of multilateral and unilateral actions in Asia. Based on these insights, the study proposes several recommendations to enhance the international legal framework, promote regional cooperation, and innovate dispute resolution mechanisms. These measures aim to ensure fair and effective resolution of maritime disputes, maintain maritime peace and stability, and promote the healthy development of global ocean governance.

Weaknesses of Federalism in Somalia and Required Reforms

This study critically examines the federal governance system in Somalia, identifying significant areas of weakness that undermine its efficiency and effectiveness. These include an unclear definition of the type of federalism practiced, ineffective dispute resolution mechanisms between the federal government and member states, limited federal capacity and resources, lack of consensus on key issues prior to federalism’s adoption, and poor coordination between the federal government and member states. The lack of clarity regarding the federal system, exacerbated by constitutional contradictions, ambiguous processes, and incomplete definitions, poses substantial challenges in implementing and assessing federalism. Ineffectual mechanisms for resolving disputes have been further compromised by an “un-federalized” legal framework and a paralyzed democratization process influenced by the 4.5 clan representation system. Resource mismanagement and role duplication between federal and member states have led to resource wastage. The study suggests key areas for reform to address these issues, including enhancing political inclusion, completing constitutional review, clarifying roles and powers, establishing transparent state creation processes, and strengthening institutional capacities. Implementing these reforms is crucial for harnessing federalism’s potential to contribute to Somalia’s political, social, and economic development

Resolving inheritance disputes due to Munasakhah through the concept of Tabayyun and Ta’awun

The delay in the distribution of inheritance from the perspective of Islamic law is one of the crucial issues because it can trigger various conflicts among heirs. The purpose of this study is to apply the concepts of Tabayyun and Ta'awun as a dispute resolution mechanism in the inheritance distribution that has been postponed for a long time in a non-litigation manner and is based on maqasid as-sharia. This research is important to provide understanding and knowledge about the delay in implementation of inheritance distribution which can trigger disputes and divide relationships in the family. The qualitative analysis method was used to obtain a more comprehensive understanding related to the resolution of inheritance disputes that occur due to the delay of the distribution or munasakhat. The results show that lack of understanding of fiqh of Islamic inheritance is a key factor causing disputes among families. The lack of clarity in the identification of the right heir is also a major factor triggering disputes among the families. In addition, the lack of knowledge of the udzur shari'i recognized in Islam can also cause conflicts among family members. The aim of this paper is to use the concept of Tabayyun and Ta’awun to resolve inheritance disputes. The study also discusses the role of religious leaders, such as ustadz or kyai, in maximizing the mediation stage at the court level in order to realize the principle of simple, fast, and low-cost justice as stipulated in the Judicial Power Law, potentially offering strategies to enhance the efficiency and cost-effectiveness of legal processes in inheritance dispute resolution.

Legal Protection for Outsourced Workers/Laborers Who Experience Job Replacement Due to Not Meeting Qualifications (Case Study at PT Smelting Gresik)

Outsourcing is the handing over of work for a company to another party with the aim of reducing the company's burden. This business usually can make benefit for all parties, both the employer company, the outsourcing company and the outsourced workers. The practice of outsourcing, there are still things that are detrimental to the outsourced workforce, especially in terms of one-sided performance evaluation resulting in employee turnover (job replacement) that causing layoffs. The aim of this research is to describe forms of legal protection and legal remedies for outsourced workers who experience job replacement. The research methodology in this research is using the normative juridical method through the statute approach, accompanied by interviews with the employers and the workers to find out more details regarding the outsourcing agreement that occurred, then conducting a legal analysis with a deductive approach. The results of this research are a form of legal protection for outsourced workers who experience employee change or job replacement because they do not meet the qualifications at PT Smelting Gresik, through analysis of applicable autonomous and heterogeneous laws, especially in maintaining work status and obtaining compensation money. The legal remedy that can be taken if they do not get their rights is the industrial relations dispute resolution mechanism.

The Impact of Regional Economic Integration on International Commercial Law: The Cases of the EU and ASEAN

This paper explores the profound impact of regional economic integration on international commercial law by analyzing the cases of the European Union (EU) and the Association of Southeast Asian Nations (ASEAN). The study first outlines the theoretical foundations and main types of regional economic integration. It then delves into the high degree of legal unification in the EU and the flexible legal coordination in ASEAN. By comparing their legal systems, corporate law, contract law, and dispute resolution mechanisms, the paper reveals how the EU plays a leading role in international commercial law through its strict legal framework, while ASEAN achieves regional cooperation through non-binding consensus mechanisms. The research finds that regional economic integration not only enhances legal standards and innovation in international commercial law but also significantly impacts the legal compliance and business operations of multinational enterprises. The paper concludes with policy recommendations to strengthen regional legal cooperation and further harmonize international commercial law, and it suggests future research directions, including the impact of other regional economic integration organizations and deeper studies into specific legal fields.

Application of The Principle of Justice in Islamic Civil Dispute Resolution in Indonesia

This article discusses the application of the principle of justice in the resolution of Islamic civil disputes in Indonesia by using qualitative methods through literature studies and research in libraries. Justice is one of the important aspects in the resolution of Islamic civil disputes to ensure that individual rights are defended in accordance with the principles of fair and balanced Islamic law. This study explores various sources of literature related to Islamic civil law practice, justice, and dispute resolution in Indonesia. In the context of Islamic civil law, justice refers not only to compliance with formal law, but also to the moral, ethical, and social justice aspects that underlie Islamic teachings. This article reviews the concept of justice in Islam which includes individual rights, protection of the public interest, and dispute resolution mechanisms that prioritize mediation and peace. The results of the study show that the application of the principle of justice in Islamic civil dispute resolution in Indonesia still faces various challenges, such as obstacles in the implementation of the law, a culture of conflict resolution, and limited access to the judicial system. Nevertheless, measures to improve justice in Islamic civil dispute resolution continue to be developed, including through increasing understanding of Islamic law, training for law enforcement officers, and promoting alternative dispute resolution that is deliberative.

Feasibility Analysis of the Integration of Guangdong Online Dispute Resolution (ODR) Mechanism and University Talent Resources

In recent years, online dispute resolution mechanisms have penetrated people's lives with the development of the Internet. Online dispute resolution mechanism not only efficiently solves the disputes of various contradictions of the parties, but also greatly alleviate the pressure of the court due to the lack of judicial resources and high cost, at the same time, the online dispute resolution platform is also faced with the dilemma of the lack of high-quality mediation talents. This paper mainly analyses the feasibility of the introduction of local university human resources into the Guangzhou ODR online dispute resolution platform by the local judicial department according to the development and operation status of the ODR online dispute resolution service platform in Guangzhou, Guangdong Province, and provides a feasible reference plan to alleviate the current situation of the lack of talents in China's online dispute resolution platform.

The US-China BIT: Enhancing Dispute Settlement Mechanism

This article critically examines the inadequacies of the International Centre for Settlement of Investment Disputes (ICSID) and the intricacies surrounding the divergent strategies employed by the United States and China in managing investor-state disputes. Given the lack of an explicit dispute resolution mechanism in the envisioned US-China Bilateral Investment Treaty (BIT), the paper advocates for a comprehensive strategy for shaping future agreements. It proposes integrating UNCITRAL Arbitration Rules as an alternative to ICSID; the inclusion of ad hoc Arbitration Panels is recommended for tailored resolutions; and the incorporation of alternative dispute resolution (ADR) mechanisms as pre-arbitration procedures is emphasized. This multifaceted strategy aims to address the deficiencies of a singular arbitration mechanism and foster a more adaptable and effective dispute resolution framework tailored to the specific needs of China and the United States, providing a balanced means of addressing the complexities inherent in investor-state disputes.

Effective or symbolic? A retrospective look at the performance of the China International Commercial Court

ABSTRACT In recent years, numerous international commercial courts have been established to align dispute resolution mechanisms with the needs of international commerce. In June 2018, China entered this arena with the creation of the China International Commercial Court (CICC), a court specifically designed to facilitate international commercial dispute resolution and, in particular, solve disputes emerging from the One Belt One Road Initiative (BRI). However, the CICC has been less innovative than other international commercial courts. It has limited jurisdiction and relatively few international and arbitration-like features. Against this background, at the time of its creation, significant questions arose regarding the role the CICC would play within the dispute resolution market. This article considers the performance of the CICC over its first five years and empirically evaluates its performance compared to other commercial courts. An examination of the number of cases and their characteristics reveals that the international appeal of the CICC as a dispute resolution venue has been limited. Nevertheless, this article argues that the CICC can play a role in bolstering the ability of the Chinese legal system to address foreign-related disputes – namely, by producing guiding case law for situations that may come before the lower courts and by providing an institutional model that can be replicated at lower levels of the Chinese court structure.

Realization Mechanism of Farmers’ Rights and Interests Protection in the Paid Withdrawal of Rural Homesteads in China—Empirical Analysis Based on Judicial Verdicts

In recent years, the paid withdrawal of rural homesteads has become a widely discussed topic within the academic community. However, from the perspective of protecting farmers’ rights and interests, literature exploring the impact of this policy’s implementation remains scarce. As the reform of the separation of the three rights of the homestead deepens, disputes related to paid withdrawal of homesteads have escalated rapidly. This study aims to highlight the importance of protecting farmers’ rights and interests, seeking to enhance their property rights and revitalize unused rural resources. Employing a case study methodology, this study systematically examines the issue of farmers’ rights and interests protection during homestead withdrawal. This analysis is based on the survey, collection, and evaluation of 324 judicial cases. The findings reveal the following: (1) Disputes involving paid withdrawal of homesteads encompass the entire withdrawal process, with the majority of conflicts arising during the withdrawal stage. (2) Prior to withdrawal, farmers express heightened concern regarding their political rights, particularly the right to be informed and to participate in withdrawal decisions. (3) During the withdrawal process, farmers prioritize resettlement and compensation rights. Additionally, novel issues such as the allocation of withdrawal compensation surface after farmers receive resettlement and compensation benefits. (4) After withdrawal, farmers anticipate more suitable “alternative” social rights and remedies. Based on these findings, this study presents policy recommendations for realizing farmers’ rights and interests in the context of paid withdrawal of rural homesteads. These suggestions include consistently respecting farmers’ autonomy and preserving their political rights throughout the withdrawal procedure. During the withdrawal stage, emphasis should be placed on the comprehensive value of resettlement compensation, encompassing both the residential and social security aspects of rural homesteads. Post-withdrawal, farmers’ social rights and the development rights of their homesteads ought to be fully guaranteed, ensuring a harmonious balance between farmers’ immediate and long-term interests. Furthermore, optimizing the dispute resolution mechanism stands as a pivotal aspect of safeguarding farmers’ rights and interests through legal recourse.

Critical Evaluation Of Judicial Independence Question In The International Court Of Justice

In view of developments in world politics in recent years, such as an upsurge in nationalism, doubts about multilateralism, the Covid pandemic and the Russia-Ukraine war, an inquiry concerning the peaceful resolution of international disputes is in order. How capable are international dispute resolution mechanisms of satisfying demands and preserving their reputations at such a critical time? The fundamentally political entities involved are likely to remain very disparate, a fact that can only worsen their widely acknowledged poor image in this respect without instituting any remedial measures. As a judicial body, however, the ICJ would hardly be allowed such latitude. Concerns about the impartiality of ICJ judges have already been expressed on the grounds of their perceived allegiance to their home countries, an issue that the existing political zeitgeist only makes more controversial. No solutions are readily available to alleviate all concerns. The current article takes several normative assessments into consideration, arguing that these can devalue the authority of the ICJ’s judgments. It then provides insight into how to recognise and deal with the persistent problem of judicial independence within the ICJ.

Legal Challenges of AI-Induced Copyright Infringement: Evaluating Liability and Dispute Resolution Mechanisms in Digital Era

The development of artificial intelligence (AI) has introduced unprecedented technological advancements and complex legal challenges, particularly in copyright infringement. The capability of the systems to replicate and disseminate copyrighted content without authorization raises questions about the adequacy of existing legal frameworks. Therefore, this research aims to explore the critical question of liability for AI-related copyright infringement, examining the responsibilities of developers, users, and systems. A comprehensive examination of relevant laws and regulations is carried out using a normative qualitative methodology. This is supported by case research and recent legal advancements, with a comprehensive comparison of relevant terms. Legal factors and dispute resolution methods applicable to AI-related copyright infringement are also considered. Due to the systems' autonomy, standard liability frameworks such as Digital Millennium Copyright Act (DMCA) cannot address AI-induced infringement. Meanwhile, a fault-based liability strategy that requires proof of purpose or negligence is suggested to improve accountability. This research reports the strengths and weaknesses of using dispute resolution mechanisms to solve copyright infringement. The results show that World Intellectual Property Organization (WIPO) dispute resolution provides a robust framework for resolving disputes after comparing regulations and mechanism.

Impact of Rera, 2016 on Homebuyers and Promoters

The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted to protect the interests of homebuyers and promote transparency in the Indian real estate sector. This paper examines the impact of RERA on homebuyers and promoters in India. RERA has brought about significant changes in the real estate industry, including the establishment of a robust regulatory framework, increased accountability of developers, and enhanced consumer protection. For homebuyers, RERA has provided a sense of security and confidence in the market. The act has ensured that developers register their projects with the relevant authorities, providing homebuyers with a sense of assurance about the legitimacy of the project. Moreover, RERA has enabled homebuyers to seek redressal of grievances through a fast-track dispute resolution mechanism. For promoters, RERA has brought about significant changes in the way they operate. The act has imposed stricter regulations on developers, including mandatory registration of projects, disclosure of project details, and adherence to timelines. This has led to an increase in transparency and accountability among developers, which in turn has reduced instances of delay and mismanagement.

Navigating Legal Frontiers: Contemporary Challenges and Opportunities in the Legal Landscape

This research aims to explore the contemporary challenges and opportunities in the legal landscape, focusing on navigating the legal frontiers. A qualitative approach is employed, utilizing in-depth interviews with legal professionals, case studies, and comprehensive literature reviews. The study examines the impact of technological advancements, globalization, and societal shifts on the legal profession and its practices. The findings reveal that the legal landscape is undergoing significant transformations driven by factors such as the digitalization of legal services, the emergence of alternative dispute resolution mechanisms, and the increasing complexity of cross-border transactions. These changes pose challenges in areas such as cybersecurity, data privacy, and the need for legal professionals to adapt to evolving client expectations and market dynamics. However, the research also highlights opportunities for innovation and growth within the legal sector. The integration of legal technology, the development of specialized legal fields, and the emphasis on interdisciplinary collaboration are identified as potential avenues for enhancing efficiency, accessibility, and client-centric services. The study concludes that navigating the legal frontiers requires a proactive approach, continuous learning, and a willingness to embrace change. By recognizing and addressing these challenges and opportunities, legal professionals and institutions can better position themselves to meet the demands of an ever-evolving legal landscape.

The Establishment of a Regional Court in Southeast Asia to Combat Environmental Issues

Abstract Regional arrangements for dispute resolution are sanctioned under Article 52 of the United Nations Charter. Following therefrom, the regions of Europe, America and Africa have set up regional courts for the resolution of all kinds of disputes between respective Member States, including for human rights issues. In the Southeast Asian region, despite the setting up of the Association of Southeast Asian Nations (ASEAN) on 8 August 1967, there has yet to be any concrete form of a binding dispute resolution mechanism. In recent times, environmental issues have been given due recognition by their elevation onto the human rights platform in many international conventions, and also crafted into the constitutions of many countries around the world. Against this background, this article explores the viability of establishing a regional court for Southeast Asia. The research finds that the establishment of a regional court in Southeast Asia is necessary, not only to tackle transboundary pollution issues between Member States, but also as a forum of last resort by individuals or groups within Member States which have yet to recognise environmental rights as human rights.