Resolution Method Research Articles

PROPOSAL FOR THE ESTABLISHMENT OF REGULATIONS ON ONLINE COMMERCIAL ARBITRATION FOR DISPUTE RESOLUTION IN VIETNAM

Dispute resolution in the digital realm, empowered by the boundless development of electronic techniques, intangible technologies, and information technology, has been increasingly adopted for methods like negotiation, mediation, or arbitration. However, the legal foundation for online commercial arbitration as a dispute resolution method remains a contentious issue. This paper analyzes the legal framework of Vietnam, highlighting the gaps in the establishment of regulations concerning online commercial arbitration within the Vietnamese legal system. Based on this analysis, the paper proposes solutions for the development of regulations pertaining to online commercial arbitration for dispute resolution in Vietnam.<p> </p><p><strong> Article visualizations:</strong></p><p><img src="/-counters-/soc/0914/a.php" alt="Hit counter" /></p>

Awareness and perception of alternative dispute resolution methods in Penang

Alternative dispute resolution (ADR) methods serve as cheaper and faster options to settle disputes in place of litigation. Although the local government and relevant ADR bodies in Malaysia have been taking initiatives to promote ADR to lighten overloaded courts’ load and create a peaceful and harmonious society, the awareness level still leaves room for improvement. This study aimed to investigate the perception and awareness level of ADR in Penang. Questionnaires were distributed to the course participants of an ADR training course in Penang. The analysis shows that while a large majority of the participants were aware of ADR before enrolling in the course, more than half of them believed that ADR methods were not actively utilised in Malaysia while about two-thirds believed that the general public was not aware of such options. Actions such as more media campaigns and greater institutional support should be undertaken to educate and heighten the public’s awareness about the ADR’s availability, processes and functions so that they could be translated into greater usage.

Multi-Arm Trajectory Planning for Optimal Collision-Free Pick-and-Place Operations

This article addresses the problem of automating a multi-arm pick-and-place robotic system. The objective is to optimize the execution time of a task simultaneously performed by multiple robots, sharing the same workspace, and determining the order of operations to be performed. Due to its ability to address decision-making problems of all kinds, the system is modeled under the mathematical framework of the Markov Decision Process (MDP). In this particular work, the model is adjusted to a deterministic, single-agent, and fully observable system, which allows for its comparison with other resolution methods such as graph search algorithms and Planning Domain Definition Language (PDDL). The proposed approach provides three advantages: it plans the trajectory to perform the task in minimum time; it considers how to avoid collisions between robots; and it automatically generates the robot code for any robot manufacturer and any initial objects’ positions in the workspace. The result meets the objectives and is a fast and robust system that can be safely employed in a production line.

Online Mediation in the Field of Trade: Qualitative Analysis from the Experience of Some Countries Around the World and Lessons Learned in Vietnam

Background: The Industrial Revolution has promoted the development of the digital economy and e-commerce. This also leads to an increase in disputes related to online transactions. From the above issue, the legal corridor regulating issues related to online mediation activities has initially formed and developed strongly in a number of countries such as India, Japan, and European Union countries. However, from the perspective of Vietnamese law, this form of mediation is still quite new, and it will take time to develop regulatory policies related to this issue. Research Methods: Within this article, to clarify the research issues, the authors used the following specific research methods: (i) Qualitative Research methods, (ii) Exploratory research method; (ii) Inductive and deductive methods; Statistical and synthetic methods; (iii) Comparative method. Results: Through reasearch, the authors show some results achieved when applying online dispute resolution methods in the European Union, India and Japan. From there, we summarise some experiences when applying online mediation in Vietnam in the current context of digital transformation. Conclusion: In the context that Vietnam is implementing judicial reform, the use of technology to serve in trial work is necessary. However, current legal regulations related to online trial and mediation in Vietnam have not been specified and guaranteed legality yet. From those, with the implementation of technology applied in trials, conducting online mediation in some countries will be one of the useful experiences, helping Vietnam perfect its legais mechanism in the future.

ChEC-seq2: an improved chromatin endogenous cleavage sequencing method and bioinformatic analysis pipeline for mapping in vivo protein-DNA interactions.

Defining the in vivo DNA binding specificity of transcription factors (TFs) has relied nearly exclusively on chromatin immunoprecipitation (ChIP). While ChIP reveals TF binding patterns, its resolution is low. Higher resolution methods employing nucleases such as ChIP-exo, chromatin endogenous cleavage (ChEC-seq) and CUT&RUN resolve both TF occupancy and binding site protection. ChEC-seq, in which an endogenous TF is fused to micrococcal nuclease, requires neither fixation nor antibodies. However, the specificity of DNA cleavage during ChEC has been suggested to be lower than the specificity of the peaks identified by ChIP or ChIP-exo, perhaps reflecting non-specific binding of transcription factors to DNA. We have simplified the ChEC-seq protocol to minimize nuclease digestion while increasing the yield of cleaved DNA. ChEC-seq2 cleavage patterns were highly reproducible between replicates and with published ChEC-seq data. Combined with DoubleChEC, a new bioinformatic pipeline that removes non-specific cleavage sites, ChEC-seq2 identified high-confidence cleavage sites for three different yeast TFs that are strongly enriched for their known binding sites and adjacent to known target genes.

The Concept of Restorative Justice in Islamic Criminal Law: Alternative Dispute Settlement Based on Justice

This study discusses the concept of restorative justice in Islamic criminal law as an alternative to restorative justice-based dispute resolution. This study is to analyze the concept of restorative justice in the context of Islamic criminal law and identify its potential use as a more just and recovery-oriented dispute resolution method. This research method is a literature study by collecting and analyzing primary and secondary sources related to the concept of restorative justice in Islamic criminal law. This study used a descriptive-analytical approach to understand the essence and principles of restorative justice and how it can be applied in the context of Islamic criminal law. The results of the study show that the concept of restorative justice in Islamic criminal law emphasizes recovery, reconciliation, and reintegration of offenders into society. This approach pays special attention to the needs of victims, encourages their active participation in the dispute resolution process, and involves the community as a key stakeholder. This study also identifies the potential for using the concept of restorative justice in Islamic criminal law as an alternative to resolving disputes. A restorative approach allows the parties involved to reach mutually satisfactory agreements, restore damaged relationships, and reduce the risk of repeat offenses. In conclusion, the concept of restorative justice in Islamic criminal law can be an alternative that has the potential to improve justice in dispute resolution.
 Keywords: restorative justice, Islamic criminal law, justice, disputes

Detailed Assessment of Multiple‐Scattering Effects on Night‐Sky Brightness Modeling in Turbid Environments: The Impact of Truncation and Convergence Errors

AbstractDetailed modeling of the night‐sky brightness (NSB) is needed to pinpoint environmental impacts caused by artificial light at night. This becomes progressively more intricate with longer distances to emission sources or under high atmospheric turbidity. In such cases, the multiple‐scattering processes that affect light propagation become increasingly critical. To detect and quantify the potential errors caused by popular approximations like single or double scattering in current models, a rigorous multiple‐scattering model is used here. It integrates an advanced method of resolution based on the successive orders of scattering that can provide analytical “exact” solutions. With this tool, it is found that simplistic approaches lead to numerical predictions violating physics principles, resulting in incorrect outcomes that can have profound implications in a large variety of research areas. To avoid this, it is proposed to force the convergence of the modeled radiance to its true value through a carefully controlled process, by which the contribution from the remaining higher‐scattering terms to the modeled radiative property is kept below the specified error tolerance. For green light, it is found that, for a turbid atmosphere with an aerosol optical depth larger than 0.3 and an asymmetry parameter exceeding 0.7, four scattering orders are needed to compute the zenith radiance 60‐km away from the light source within an experimental error tolerance of 10%.

Problems of development of mediation in Kazakhstan

In this article the author considers and analyses the issues of legal regulation of the institute of mediation in our country, which is an alternative method of dispute resolution. In addition, the article considers some issues of implementation of the law on mediation, as well as amendments to this law. Through mediation disputing parties can come to a mutually acceptable solution with the participation of a neutral mediator. In the course of writing the article a review of scientific and theoretical works of a number of foreign and domestic scholars on this topic was conducted, as well as the features of mediation as an institution were analysed. In the article the author compared the development of mediation institute in Kazakhstan with the experience of foreign countries. The author also analysed the advantages and disadvantages and peculiarities of the organisation of mediation in Kazakhstan. In addition, the issues hindering the expansion of the scope of application of mediation are noted. In particular, the lack of information about the institution of mediation, the associated mistrust of the population, as well as the lack of professional mediators are the main factors that hinder the development of mediation. At the end of the article, the author suggested ways to address these issues in order to pave the way for the development of mediation.

Validation of the dynamic simulation capabilities of Serpent2/Subchanflow using experimental data from the research reactor SPERT IV D-12/25

Research nuclear reactors are critical to the development of nuclear technology, but because of the complex configuration of the fuel assemblies and the different initial operating conditions, neutronic and thermal–hydraulic analyzes are performed with dedicated or adapted codes. These simulation tools might not be as accurate, since they use simple resolution methods and assumptions that do not always capture all aspects of the behavior of a nuclear research reactor. On the other hand, as time goes by, the evolution of numerical tools for the core analysis of power reactors have experienced a considerable progress. Nowadays, pin/subchannel level analysis of the core with coupled codes based on transport (SP3, MOC, SN, etc.) or Monte Carlo methods are applied in addition to the nodal diffusion codes. Hence, the research community is adapting and validating selected high-fidelity tools developed for power reactors to perform detail core analysis of e.g. Material Testing Reactors (MTR) cores at plate and subchannel level.This work deals with the validation of the high-fidelity coupled Serpent2/Subchanflow, which was modified and extended for the plate/subchannel analysis of MTR-cores, using the data of rod ejection tests performed in the SPERT IV D-12/25 reactor, especially the tests B-34 and B-35 were selected to validate the dynamic capability of Serpent2/Subchanflow. In these unique tests, experimental data e.g. thermal neutron flux, core power evolution during the rod ejection tests, and the plate cladding temperature was measured. It is noted that, due to the lack of detailed information on the initial conditions, the extraction and introduction scenarios of the transient rod for the reactivity insertion required calibrations and assumptions regarding velocity and position.The comparison of selected parameters predicted by the coupled simulations at plate/subchannel level of the SPERT IV reactor with the measured data at static and transient conditions shows excellent agreement confirming the high accuracy appropriateness of the used code for the analysis of research reactors. The calculated values of thermal neutron flux and core power evolution have a statistical error of ± 2 sigma. It was also found that the maximum temperature difference between calculated and experimental values is 7 °C and ∼ 10 °C for tests B-34 and B-35, respectively. In addition, the coupled code predicts for the first time the temperature of each plate and subchannel considering the local feedbacks between neutronics and thermal-hydraulics allowing the identification of the hottest/coldest plate in the core. The high-fidelity validation tool can provide comparison solutions for current research reactor core analysis methods, such as core analysis with point kinetics or 3D nodal diffusion codes coupled with fuel assembly-level thermal-hydraulics.

Terapinė jurisprudencija – kelias pasitikėjimo teise link. Mediacijos atvejis

The article analyses the implementation of therapeutic jurisprudence in mediation. Therapeutic jurisprudence is an interdisciplinary field of study that seeks to explore how the negative effects of legislation and the application of law can be reduced and the therapeutic effects enhanced. The judicial process often exacerbates an existing conflict and intensifies the negative experiences caused by the conflict itself. Therefore, the objectives of therapeutic jurisprudence can be achieved through alternative dispute resolution methods, including mediation. The work reveals how aims and principles of mediation implement the ideas of therapeutic jurisprudence and how the use of mediation allows for the achievement of a socially beneficial goal of increasing trust in the legal system. 
 The article provides a comparative analysis of mediation in family cases in Canada and Lithuania and assesses whether the ideas of therapeutic jurisprudence are implemented in Lithuania through the institute of family dispute mediation. The comparative analysis of Lithuanian and Norwegian regulation of mediation in criminal justice shows that that the Norwegian model of victim-offender mediation can serve as a model for the realization of the goals of therapeutic jurisprudence in Lithuania.

ОНЛАЙН–МЕДІАЦІЯ: ПРОБЛЕМИ РЕАЛІЗАЦІЇ ТА ПИТАННЯ ДОЦІЛЬНОСТІ

This article focuses on the issue of the relevance of online mediation and identifies the problematic issues of its implementation in modern conditions. In particular, the author points out that mediation is considered to be a fairly common method of conflict resolution abroad, which is fixed at the legislative level in many countries around the world. This is because mediation has many advantages, it is a direct way to prevent legal intervention and preserve the relationship between the parties to the dispute. In Ukraine, mediation is also becoming more and more popular and the areas of its application are increasing. In addition, the experience of recent years, which have been rather difficult for Ukraine (Ukraine's military aggression by the Russian Federation, and the introduction of quarantine in Ukraine to prevent the spread of coronavirus disease (COVID-19)), makes it necessary to developremote forms of work, negotiations, cooperation of production processes, solving organizational issues, training and providing all services in an online format ("at a distance" or "remotely"). Mediation is no exception. The author's article analyzes the advantages and disadvantages of conducting mediation distantly and indicates the ways to increase the popularity of this method of dispute resolution. It is established that for science, mediation is a separate process which is an alternative to a judicial process, and the application of the mediation method is extremely relevant and requires further scientific research, in particular, regarding the application and implementation of this process in various modern areas of regulation (banking, tax, civil, housing, family, inheritance law, etc.), and the application of this method at a distance -online. It is concluded that online mediation should take place in the modern life of Ukrainian society, in which the level of public education is significantly increasing in the context of military aggression by the Russian Federation. In turn, to maximize the efficiency and effectiveness of "mediation at a distance", it is necessary to legislate the features of online mediation. The methodological basis of the research is the philosophical and legal principles of social phenomena cognition, in particular, those related to raising the level of education and public knowledge about the method of meditation, which is an effective way to protect the rights of individuals (individuals and legal entities) in various areas of legal regulation. The author uses dialectical, systemic, structural, normative logical, sociological, comparative, and legal methods of cognition. Based on the study, the author proposes to improve the provisions of the current legislation on the use of online mediation.

Construction Disputes Causes and Resolution Methods: A Case Study from a Developing Country

The increasing complexity of the construction industry, characterised by diverse multidisciplinary project teams, various stakeholders, distinctive site conditions and uncertainties, can contribute to an antagonistic environment, which may result in disputes arising between the contractual parties. Identifying the most common causes of disputes is important for an efficient contract management process. This study aims to help project stakeholders incorporate consolidative contract management strategies before commencing a new project by identifying the most common causes of construction disputes in Jordanian construction projects. Key causative factors of disputes were analysed through a literature review, a questionnaire survey and a case study analysis of construction projects in Jordan. The results revealed that the main factors leading to disputes in Jordan are incomplete technical drawings/specifications, variations initiated by the owner/consultant (additive/ deductive) and errors and omissions in the contract documents. Moreover, the results show that the most popular methods of dispute resolution in the Jordanian construction industry are negotiation and arbitration. The findings can enable local and international construction stakeholders to initiate contract management strategies before commencing projects. More effective planning can help to reduce the negative impacts of known causes of disputes.

Appraisal of Alternative Dispute Resolution Methods Used in Construction Industry of Abeokuta Ogun State.

The construction industry is a vital component of economic development in Abeokuta, Ogun State, Nigeria, characterized by its dynamic and complex nature. With the increase in construction activities, disputes are inevitable, often leading to project delays, cost overruns, and strained relationships among stakeholders. To address these challenges, alternative dispute resolution (ADR) methods have gained popularity as effective mechanisms for resolving disputes in the construction industry. This research paper aims to provide a comprehensive appraisal of the ADR methods used in the construction industry in Abeokuta, Ogun State. The study employs a qualitative research methodology with the aid of focus group discussion strategy employing various stakeholders, including construction professionals, legal experts, government officials, and project owners. The research investigates the types and frequency of disputes encountered in construction projects, explores the awareness and utilization of ADR methods, and evaluates the effectiveness and efficiency of these methods in resolving disputes. The research highlights the need for increased awareness and education about ADR methods among construction professionals in Abeokuta. It underscores the importance of establishing an ADR framework tailored to the specific needs and challenges of the local construction industry. Furthermore, the study suggests that a more structured and standardized approach to ADR could lead to more efficient and timelier dispute resolution, ultimately benefiting the construction industry's stakeholders.

Minimizing the maximum tardiness for a permutation flow shop problem under the constraint of sequence independent setup time

In this work, we will study a permutation flow shop scheduling problem under the constraint of sequence independent setup time. In our case, each machine requires a certain setup time to process all the different jobs assigned to it. Hence, this setup time will be independent of sequence of jobs, but will depend only on the nature of machine. The optimization objective is to minimize the maximum tardiness criterion. To solve this optimization problem, an exact method, heuristics and metaheuristics are the three main resolution methods that we have used. The exact method is represented by the mixed integer linear programming (MILP) model. In terms of the second category of resolution methods, we have been focused on two methods, the first is a modified heuristic based on Johnson rule (HBJR) while the second is based on the Nawaz–Enscore–Ham (NEH) algorithm. Finally, three metaheuristics have been used, namely the iterated local search (ILS) method, the iterated greedy (IG) algorithm and the genetic algorithm (GA). Our numerical results indicate that for the problems with small size instances, the NEH heuristic outperforms HBJR approach, while for relatively large size instances, the developed IG algorithm gives best results than both other metaheuristics ILS and GA.

Enhancing Construction Claims and Dispute Resolution in the Nigerian Building Sector: Insights from Thematic Analysis.

The study investigates the mechanisms of construction claims and dispute resolution within the Nigerian building sector, employing a thematic analysis to uncover insights that could enhance these processes. The research methodology involved semi-structured interviews with professionals from leading construction companies in Abuja, Nigeria. Participants were selected through purposive sampling, ensuring they possessed relevant experience in managing construction claims and disputes. The data collected was rigorously analyzed using thematic analysis, which facilitated the identification of prevalent challenges and the evaluation of current dispute resolution methods. The findings reveal that contractual ambiguities, communication failures, and cultural differences are the primary sources of disputes, leading to significant project delivery issues such as cost overruns, schedule delays, and quality defects. Traditional dispute resolution methods, including negotiation, arbitration, and litigation, are commonly utilized, yet the study identifies a notable gap in the adoption of Alternative Dispute Resolution (ADR) techniques. Barriers to ADR implementation, such as lack of awareness and trust among professionals, were highlighted. The study contributes to knowledge by providing a comprehensive understanding of the dispute sources and by evaluating the effectiveness of existing resolution methods. It also offers strategic recommendations for the development of a structured framework for claims management, tailored to the Nigerian context. The implications of this research are far-reaching, suggesting improvements in contractual clarity, communication training, and policy reforms that could significantly benefit the construction industry.

Consecutive chirality transfer: efficient synthesis of chiral C,O-chelated BINOL/gold(iii) complexes for asymmetric catalysis and chiral resolution of disubstituted BINOLs.

A novel approach for efficient synthesis of chiral C,O-chelated BINOL/gold(iii) complexes by diastereomeric resolution using enantiopure BINOL as a chiral resolving agent was demonstrated. The BINOL/gold(iii) diastereomers with different solubility were separated by simple filtration, providing optically pure BINOL/gold(iii) complexes with up to >99 : 1 dr. By combining this with an efficient BINOL ligand dissociation process, a simple and column-free method for chiral resolution of racemic gold(iii) dichloride complexes on a gram scale was established, affording their enantiopure forms in good yields. Conversely, the resolved enantiopure gold(iii) dichloride complexes could serve as chiral resolving agents to resolve disubstituted BINOL derivatives, achieving both BINOLs and gold(iii) complexes in good to excellent yields (overall 77-96% and 76-95%, respectively) with a high optical purity of up to 99% ee. Through a consecutive chirality transfer process, the chiral information from an inexpensive chiral source was transferred to highly valuable gold(iii) complexes, followed by sterically bulky BINOL derivatives. This work would open a new synthetic strategy facilitating the development of structurally diverse chiral gold(iii) complexes and gold(iii)-mediated chiral resolution of BINOL derivatives. In addition, this new class of C,O-chelated BINOL/gold(iii) complexes achieved asymmetric carboalkoxylation of ortho-alkynylbenzaldehydes with an excellent enantioselectivity of up to 99% ee.

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.

C3R: A novel Classification model-based Coordination method for online Conflict Resolution of Multiple Unmanned Aerial Vehicles

C3R: A novel Classification model-based Coordination method for online Conflict Resolution of Multiple Unmanned Aerial Vehicles

Дела о наказании за многобрачие во второй половине XIX – начале XX в.: межрегиональное исследование

The article is devoted to the study of the peculiarities of cases of polygamy of residents of provincial regions of the Russian Empire - Tver, Tobolsk and Yaroslavl provinces. The purpose of the study was to identify and conduct a comparative analysis of archival documents that highlight the common and distinctive features of cases of punishment of persons guilty of remarriage when the first marriages existed, legally not dissolved and not terminated. The source base of the study was the previously unexplored archival materials of the State Archive of the Tver region, the State Archive of the Tyumen region in Tobolsk and the State Archive of the Yaroslavl region. The comparative analysis of the preserved documents showed the diversity of judicial practice with regard to the persons who violated the pre-revolutionary norms of rights. The authors compared the identified features of the stages of proceedings in cases of plural marriage and dissolution of marriage for legally authorized reasons. The resolution of cases on this type of offenses was subject to both secular and ecclesiastical courts. It is established in what cases the case was opened in spiritual consistory, and in what cases - in judicial institutions, for what reason and by whom were the initiators of the cases. Some peculiarities of document circulation between the mentioned instances are revealed. It was found out what the choice of the type of both secular and ecclesiastical punishment depended on. Numerous variants of information forgery and document forgery in such situations are considered. The most severe sanctions were imposed for providing false information about marital status. The role of priests and clergymen in observing pre-marital precautions, and of guarantors in testifying at a marriage search is examined. Strict divorce legislation, excessive bureaucratization of the divorce process, and total legal illiteracy of the population are highlighted among the reasons for the conclusion of illegal marriages during the lifetime of the spouse. The authors identified regional peculiarities of polygamy in the provinces of Central Russia and in the periphery. Most of the cases of polygamy discovered in the Tobolsk diocese were in one way or another related to exiles. Appeal to the history of divorce processes, violation of legislation in the conclusion of marital unions can be useful for rethinking the methods of prevention, resolution and prevention of modern marital conflicts in the modern period, when the necessity of punishment for polygamy is reconsidered. The study of the issue is also important for revealing the history of record keeping of official institutions.

Hybrid Resolution Method for Efficient Depletion Analyses using Explicit Geometry Multigroup Monte Carlo

The hybrid resolution (HR) method is a recently developed calculational algorithm tailored for efficient nuclear reactor analysis by leveraging multigroup (MG) Monte Carlo (MC) coupled with continuous energy MC calculations. While the HR method has demonstrated promising results in various scenarios, an anticipated challenge arises from inconsistencies of MG MC results caused by spatial homogenization when relatively coarse mesh is adopted, particularly in heterogeneous problems characterized by a strong flux gradient. To address this issue, the HR method incorporates MG MC calculations on the same explicit geometry used in continuous energy MC calculations. In other words, this approach preserves accuracy in geometry handling while solely simplifying energy treatment. In our investigation, a 3-dimensional BWR-type fuel assembly was focused on for a comparative study regarding the different geometry treatments in MG MC calculations. Various reactor parameters such as k-effective, power, flux, and atomic densities were estimated, and numerical performance was also compared in terms of the computing time and figure-of-merits. Our evaluation revealed that the explicit geometry-based HR method yielded more consistent and reliable parameters compared to the simplified coarse mesh-based scheme, reducing errors in power and flux distributions by about 10%.