Dispute Resolution Methods Research Articles

СРАВНИТЕЛЬНО-ПРАВОВОЙ АНАЛИЗ ИНСТИТУТА МЕДИАЦИИ ПО УГОЛОВНОПРОЦЕССУАЛЬНОМУ ЗАКОНОДАТЕЛЬСТВУ РЕСПУБЛИКИ КАЗАХСТАН, США И ВЕЛИКОБРИТАНИИ

This article focuses on a comparative legal analysis of one of the alternative dispute resolution methods – mediation – in the criminal procedure legislation of the Republic of Kazakhstan, the USA and Great Britain, considering various programs and projects on mediation used in the USA and Great Britain, in order to apply the experience of the above mentioned countries to improve the mediation institution and reduce the level of recidivism in the Republic of Kazakhstan. The authors made the conclusion that the proper use of mediation in the criminal procedure contributes to a more active involvement of victims in the process of restoring their rights and freedoms, which were violated by the offenders. An increasing number of crime victims prefer to meet face to face with their offenders in order to inform how the crime has affected their lives, get answers to many unresolved questions and take a direct part in bringing offenders to justice for the harm caused. A victim and offender mediation is a viable alternative to traditional punitive measures to meet the victims` needs. The main advantage of mediation in criminal proceedings for the victim is that he or she can ask the offender all the questions that could not have been answered during the trial. In addition, participation in mediation between the victim and the offender can help humanize the latter and prevent future offenses. In addition, the authors conclude that it is necessary to amend the Law of the Republic of Kazakhstan “On Mediation” regarding compensated damage to the victim by a person who has committed a criminal offense, and also propose to amend this Law regarding the mechanism for implementing the mediation institution, establishing a state body to control the activities of mediators, and specifying accreditation and disciplinary responsibility of mediators. Key words: mediation, restorative justice, criminal offense, victim, criminal, punishment, recidivism, conciliation procedures, mediator, compensation for damage, court of biys.

Низоларни судга қадар ҳал этиш усуллари: миллий ва хорижий тажриба

This article covers basic concepts, alternative methods of dispute resolution; differences, improvement system for protecting the rights and legitimate interests of individuals and legal entities; expansion of alternative dispute resolution options; a radical increase in the role of mediation institution; professional mediators; differences, advantages and disadvantages of methods; domestic and foreign experience; proposals for improving legislation.

Developing an Online Consumer Dispute Resolution Platform in the Field of E-Commerce in Vietnam: Lessons from the European Union

Abstract In recent decades, e-commerce has gradually become a thriving industry that generated a huge profit and enhanced the life quality of nations around the world, including Vietnam. Nevertheless, the development of the Vietnamese e-commerce industry has also engendered a handful of consumer disputes that could not be easily resolved through traditional, face-to-face dispute resolution methods. A consumer redress system that addresses e-commerce transactions is essential to the continued success and growth of e-commerce. In this paper, we argue that traditional domestic judicial mechanisms for legal recourse do not adequately satisfy the needs of consumers or vendors and propose an online dispute resolution (ODR) system as a more reasonable, efficient and fair alternative. The ODR system will provide a forum in the same virtual marketplace environment in which consumers purchase their goods or services, allowing broad accessibility, as well as swift and affordable recourse for the parties involved. This paper will more specifically discuss the EU experience in promoting the ODR system for consumer e-commerce disputes, which can serve as a reference for the policy makers in establishing the legal framework for ODR in Vietnam. In addition, this paper also suggests a specific set of guidelines for the essential attributes that must be present in the Vietnamese consumer ODR platform.

미국에서의 해고규제와 해고분쟁의 해결 실태에 관한 고찰

본 연구에서는 미국에서의 해고규제 해고분쟁해결의 실태에 대해서 논의한다. 미국에서는 우리나라의 해고권 남용법리(근로기준법)처럼 해고에 관하여 객관적으로 합리적이고 사회적으로 상당한 이유를 요구하는 법적 규제 또는 법리가 아니라 임의고용 원칙(at-will employment doctrine)이 확립된 해고의 자유가 지배하는 나라이다. 하지만 전통적으로 노동협약에 해고는 정당한 사유가 필요하다는 규정을 포함하여 조합원인 피고용자의 해고를 규제하여 왔다. 그러나 노동조합 조직율이 서서히 저하하여 노동협약에 따른 규제력이 약해지고 노동협약에 따른 해고의 통제력이 축소되어 왔다.<BR> 한편, 이에 호응이라도 하듯이 개별적 고용관계를 규제하는 법률이 많이 제정되어 왔으며 특히 1960년대 이후 제정된 차별금지법이 해고를 포함한 근로조건을 규제하는 중심적 역할을 수행하고 있다. 차별금지법 위반은 그것이 미국이라는 다양한 사람들로 구성된 국가에 대한 반사회적 행위의 귀결이라고 하고 또 경우에 따라서는 금전적 구제액수가 커지는 등 사회적 영향력이 매우 크다. 그러므로 기업이 가장 우려하는 것은 고용관계 규제이다. 차별금지법은 한편 종업원 측에서 해고가 원칙으로 자유인만큼 또 차별금지법 이외의 제정법에 근거한 구제에 복직이 포함되는 경우가 있다손 치더라도 실효성이 떨어지는 이유 때문에 직장이나 처우의 불만과 불평 그리고 법적 분쟁을 여러 가지 장소에 표출하는 강력한 근거로 이용되고 있다고 생각된다.<BR> 고용분쟁해결의 기구를 살펴보면 미국은 유럽 제국 같은 노동법원이나 고용심판소 등 특별한 사법제도는 없고 소송은 연방정부나 주정부의 일반법원에서 심리하고 있다. 선행연구에 의하면 고용관계 소송의 대부분은 해고사건이라고 한다. 또 연방 차별금지법을 관할하는 분쟁해결에 관련된 것은 독립한 전문 행정기관인 고용기회 균등위원회(Equal Employment Opportunity Commission: EEOC)이지만 여기의 통계를 분석해 봐도 동일임금법에 관한 신청을 제외한 신청이유로 가장 많은 것은 역시 해고(discharge)이다. 이외에도 개별적 고용관계를 규제하는 제정 법에는 행정기관에 의한 이행확보 제도가 마련되어 있다.<BR> 또한 고용관련 규제가 증가하고 복잡화하는 가운데 비용, 시간, 인력과 같은 비용을 피하고 분쟁을 효율적으로 해결하려는 사용자 측 혹은 정부와 법원 등의 요청에서 개별기업 내의 재판 외의 대체적 분쟁처리(alternative dispute resolution: ADR)가 발달하고 있다. 고용중재에 관련된 논의에서 알 수 있듯이 특히 고용중재에 대한 논의가 활발히 이루어지고 있지만 ADR은 고용중재뿐만 아니라 그 전 단계에서 여러 종류의 시스템이 설치된 상황에 놓여있다.<BR> 이상의 문제제기를 바탕으로 본 연구에서는 다음과 같은 논제에 대하여 검토하기로 한다. (1) 수의(随意)고용 원칙, (2) 수의(随意)고용 원칙의 예외를 정하는 개별적 고용관계에 관련된 법 제도와 이행확보 제도, 행정에 의한 분쟁해결의 실태, (3) 집단적 노사관계법에 따른 해고규제 및 행정구제 절차, 노동협약에 따른 해고규제 현황과 분쟁해결 절차, (4) 수의(随意)고용 원칙에 대해서 예외를 설정한 여러 법리, 법원에서의 해고분쟁의 해결 상황, (5)기업 내 ADR시스템과 해고 분쟁해결의 상황 등을 순차로 검토한다.

Fundamental Changes Introduced by the New Swiss Rules of Mediation After the 2019 Revision – New Regulations Compatible with Singapore Convention on Mediation

Mediation, as an alternative dispute resolution method, is widely preferred by parties with disputes in many countries. For this reason, in relation to alternative dispute resolution methods including mediation, both in Anglo-American Law and in Continental European Law, various technical and legal arrangements have been made. In Swiss Law, mediation gained legal ground when the Swiss Federal Code of Civil Procedure Law became effective on the 1st of January, 2011. Accordingly, in Switzerland mediation takes place as per articles 213 to 218 of the Federal Swiss Civil Procedures law. While developments related to Ad Hoc mediation were specified in Swiss law, mediation rules were also foreseen at the various Instituonal arbitration centers. Accordingly, the Swiss Chambers’ Arbitration Institution accepted mediation rules for the first time in addition to the arbitration rules in 2007. In this way, the Swiss Rules of Commercial Mediation, arranged by the Swiss Chambers were provided for those making applications in the year 2007. Furthermore, on the 1st of July 2019, the Swiss Chambers’ Arbitration Institution revised the Swiss Rules of Commercial Mediation, which they accepted in 2007. Hence, the Swiss Rules of Mediation which were revised as of the 1st of July 2019, replaced the Swiss Commercial Mediation Rules of year 2007. In the revision of the Swiss Rules of Mediation on the 1st of July 2019, developments related to the UNCITRAL United Nations Convention on International Settlement Agreements Resulting from Mediation approved on the 25th of June, 2018 have become effective. Following the 2019 revision, the Swiss Rules of Mediation have become one of the regulations bringing out rules that are in conformity with the developments foreseen in the Singapore Convention on Mediation. In our study, the aim was to reveal the fundamental changes brought up with the application of the Swiss Rules of Mediation since the 1st of July 2019.

Multihybrid Dispute Resolution Framework for Projects of Downstream Sector of Petroleum Industry

Disputes are inevitable in construction projects, and planning to manage them is considered as a significant problem of project contract management. In this knowledge area of project management, there are two distinguishable subjects: diverse types of disputes and different methods for addressing them. The main purpose of the current investigation is to recognize the most frequent disputes in projects of the downstream sector of the petroleum industry and the early assignment of the most appropriate alternative dispute resolution (ADR) methods to them in the precontract phase. For this purpose, available dispute resolution methods were investigated and some alternatives were selected. Concurrently, and based on the expert judgment, various types of disputes in these projects were categorized, and a dispute breakdown structure (DBS) is proposed. Finally, by mapping resolution options with potential disputes using the Delphi process, a multihybrid framework was developed for resolving disputes in the downstream sector of the petroleum industry in an appropriate and optimum way. This framework which should be translated to the contract legal language in practice and subsequently be inserted into construction agreement as a clause, potentially can be customized for various types of projects.

The past, present: The Parthenon Sculptures dispute as an example of the ICPRCP’s role on claims barred by the non-retroactivity of the 1970 UNESCO Convention

AbstractThis article analyzes the role played by the Intergovernmental Committee for Promoting the Return of Cultural Property to Its Countries of Origin or Its Restitution in Case of Illicit Appropriation (ICPRCP) in promoting the settlement of disputes barred by the non-retroactivity of the 1970 UNESCO Convention through an assessment of its impact on the dispute between Greece and the United Kingdom over the Parthenon Sculptures. The analysis first focuses on the ICPRCP’s regular mandate, followed by an evaluation of some “collateral effects” that it might have had on the dispute. Through the examination of all reports, recommendations, and decisions issued by the ICPRCP and the performance of a wider interdisciplinary case study, it is argued that the ICPRCP has had an impact on the dispute, both directly and indirectly. The value of these conclusions is to shed light on the complex factors in interplay in voluntary and non-binding dispute settlement mechanisms such as the ones performed by the ICPRCP and to represent a framework for further studies on the ICPRCP’s work and alternative dispute resolution methods in general.

GLOBAL VIRTUAL TRENDS IN INTERNATIONAL ARBITRATION

During the past two years, the virtual methods for dispute resolution in international arbitration, due to pandemic crisis, have become one of the most favoured alternative dispute resolution mechanisms for international contracts and investments. With the increasing international trade and financial and technical collaborations, the global corporations have been devoting considerable time and money in selecting and drafting arbitration clauses to protect their financial involvements as well as confidentiality and proprietary nature of the Technology and Intellectual Property, they share with foreign partners, manufacturers, and distributors. Since the arbitration is usually an autonomous and consensual process, it is imperative to comprehend the latest trends of virtual means as their preferred dispute resolution modality that arouse corporate decisions and preferences when deliberating international arbitration.

Analysis of Alternative Dispute Resolution in non-litigation dispute resolution on Islamic Mortgage: at the Ombudsman Institution Yogyakarta

Limited information, experience, and very low economic conditions are the background of business dispute cases, especially in Islamic mortgages. Business dispute cases, including Islamic mortgage, have so far been resolved using non-litigation settlements using Alternative Dispute Resolution (ADR), it is considered easier, does not incur expensive costs, is familial, and achieves the goal of dispute resolution, namely win-win solutions. Settlement of disputes using this method has been regulated in Law Number 30 of 1999 concerning arbitration and alternative dispute resolution. In this case, the Yogyakarta Ombudsman as one of the non-litigation institutions also takes part in resolving disputes non-litigation. This study aims to analyze the method used, namely alternative dispute resolution in resolving disputes over sharia mortgage loans. Finally, this research finds that in the process of resolving disputes over sharia mortgages with alternative dispute resolution, the method of consultation, negotiation, mediation, and expert judgment is used. The alternative dispute resolution method prioritizes peace and a win-win solution or conditions that are favorable to the parties, but in this case, the non-litigation dispute resolution method does not succeed in bringing about peace or a win-win solution.

Alternative Methods of Dispute Resolution as a Measure to Reduce the Workload on Courts: A Comparative Legal Study (Part 2)

The paper considers alternative methods of dispute resolution as a measure to reduce the workload on the courts. At present, the need to reduce the workload on courts is quite acute in Russia. According to the members of the European Commission for the Efficiency of Justice (CEPEJ), a large workload on courts (and, accordingly, on judges) seriously affects the quality of justice and the timing of the consideration of cases. It should be noted that all judicial systems of the world without exception face this problem, but the statistics of the European Commission for the Efficiency of Justice (CEPEJ) shows that over the past few years the burden on courts and judges has significantly decreased in the EU countries.The authors summarize that foreign judicial practice has successfully tested working tools to reduce the burden on courts, which the Russian judicial system may well borrow. However, these tools require gradual development and elaboration given all Russian legal realities. A sharp transition to alternative dispute resolution may negatively affect the quality of dispute resolution in Russia. If the legislator restricts the ability of citizens to consider disputes in courts (for example, by increasing court fees), but at the same time alternative dispute resolution methods will remain at a low level of legal and social development (citizens’ distrust, weak legislative elaboration, etc.), then citizens will completely lose the platform for legal dispute resolution. It is quite possible that we will return to the criminal experience of the economy of the 1990s.

Essence and Specifics of the Magistrate’s Court and Conciliation Proceedings

Introduction. The article is an attempt at a theoretical understanding of the following con- cepts: conciliation procedures, magistrate’s courts and magistrate’s justice. The research aims to analyse the genesis and nature of the models of magistrate’s justice that have de- veloped in the practice of national legal systems, and in particular in the judicial practice of the Republic of Bulgaria. Theoretical Basis. Methods. The article provides a brief historical and comparative legal analysis of well-known models of magistrate’s justice. These include foreign legislations, and countries belonging to the continental legal family and the countries of the Anglo-Saxon legal family. This made it possible to assess the diversity of the essential elements of the institute of magistrate’s justice, and highlight their main models. Results. Based on the study of the place and role of justices of the peace in the judicial sys- tem, the author concluded that there is an emergence of justice according to the principles established during the thousand-year history of the development of justice in Europe. The classification of the types of magistrate’s justice has been carried out. Alternative methods of dispute resolution, conciliation and litigation in the resolution of disputes are also con- sidered. Discussion and Conclusion. Scientific conclusions are formulated concerning the legal na- ture of the analyzed institution, and its place in the justice system.

Dispute Resolution Choices for Property Settlement in Australia: Client Views on the Advantages and Disadvantages of Family Dispute Resolution and Legal Pathways

Although many separating Australian couples make their own arrangements for property division, evidence suggests over 40% nominate either Family Dispute Resolution (FDR), lawyers or courts as their main pathway to settlement. Whereas it is compulsory to attempt FDR in parenting matters, this is not so for property matters. This paper examines client perspectives on property dispute resolution methods using interviews with 112 prospective FDR clients. Some proceeded to joint FDR and some did not, or proceeded for parenting matters only. Thematic analysis highlights the perceived benefits and disadvantages of FDR, compared to using lawyers or going to court, for property matters. We explore issues relating to the cost and character of each process, including implications for post‐separation relationships. Often the initial motivation for choosing FDR was that of avoiding the legal alternatives, which were considered costlier, stressful and/or more acrimonious. After the fact, FDR participants could also identify advantages of the mediation process itself. We conclude that affordability and conflict mitigation are important to clients when choosing and evaluating pathways to property settlement. Those opting to use lawyers instead often wanted more guidance with regard to outcomes, or considered legal pathways more authoritative.

ADR AND CIVIL PROCEEDING IN ITALY 2021, POTENTIAL DEVELOPMENTS COMMISSIONE LUISO

Italy aims to reduce the length of civil trials. In 2021 the government has appointed the Commissione Luiso, which -with regard to out-of-court methods of dispute resolution- recommends tax incentives, increase of matters subject to mandatory mediation, enhancement of court-appointed-mediation, clarification of the mediation proceeding requirements to make it more effective, involvement of the public administration, quality of training.

Strengthening Mediation in Neighbourhood Dispute: An Islamic input

Mediation (sulh) is a method of dispute resolution that has just been revived and gaining traction currently. In Malaysia, the implementation of sulh is limited to the resolution of matrimonial disputes. This solution has proven to be effective as it confirms the understanding of the parties. This paper explores the role of sulh in resolving neighbourhood disputes in the built environment from an Islamic perspective. This qualitative study uses the content analysis method of Kitab Al-Ghayah Wa Nihayah. It was found that integrating sulh helps reduce legal disputes and strive for the social welfare of society. Keywords: built environment; mediation; neighbourhood disputes; sulh eISSN: 2398-4287 © 2021. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning &amp; Surveying, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/ebpj.v6iSI5.2924

Alternative Methods of Dispute Resolution as a Measure to Reduce the Workload on Courts: A Comparative Legal Study (Part 1)

The paper considers alternative methods of dispute resolution as a measure to reduce the workload on the courts. At present, the need to reduce the workload on courts is quite acute in Russia. According to the members of the European Commission for the Efficiency of Justice (CEPEJ), a large workload on courts (and, accordingly, on judges) seriously affects the quality of justice and the timing of the consideration of cases. It should be noted that all judicial systems of the world without exception face this problem, but the statistics of the European Commission for the Efficiency of Justice (CEPEJ) shows that over the past few years the burden on courts and judges has significantly decreased in the EU countries. The authors summarize that foreign judicial practice has successfully tested working tools to reduce the burden on courts, which the Russian judicial system may well borrow. However, these tools require gradual development and elaboration given all Russian legal realities. A sharp transition to alternative dispute resolution may negatively affect the quality of dispute resolution in Russia. If the legislator restricts the ability of citizens to consider disputes in courts (for example, by increasing court fees), but at the same time alternative dispute resolution methods will remain at a low level of legal and social development (citizens’ distrust, weak legislative elaboration, etc.), then citizens will completely lose the platform for legal dispute resolution. It is quite possible that we will return to the criminal experience of the economy of the 1990s.

Entre a Arbitragem Brasileira e a Arbitragem Europeia: Um estudo acerca da Agência Nacional de Telecomunicações (ANATEL) e a Office of Comunications (OFCOM)

A procura pela arbitragem como meio de resolucao de litigios se mostra importante em funcao do grande volume de causas submetidas ao julgamento do Estado - juiz, em numero inversamente proporcional ao preparo tecnico daqueles que sao investidos na funcao jurisdicional por ato estatal. Atualmente, falar em composicao extrajudicial de conflitos no campo da regulacao significa adentrar em um cenario de grandes discussoes e debates. Dessa forma, o texto busca construir razoes para a resolucao de litigios no âmbito das telecomunicacoes por meio da arbitragem, inclusive, face a experiencia europeia, a exemplo da OFCOM. One of the duties of the regulatory agencies is precisely the solution of conflicts between players in the sector at the administrative level. When analyzing the forms of dispute resolution in the European Union, a peculiar behavior can be highlighted. In major disputes that occur on the continent, it is more common to use arbitration than the judiciary. In fact, arbitration can be used by ANATEL as an important tool to ensure a broad, free and fair competition between providers of telecommunications services, as it dodges the slowness of the judiciary and the possibility of sham litigations, enabling the rapid adoption of a decision that often affects the rights of a great number of users of telecommunications services. The high prestige enjoyed by these methods of dispute resolution pays homage to their characteristic of being a neutral forum positioned far from a regulatory agency of a specific country and close to referees chosen by common agreement, or even connected to international institutions that provide the arbitration services in commercial disputes.

Mediation in Real Estate Disputes as an Element of the State's Economic Security Policy

Purpose: Mediation is one of the alternative forms of resolving legal disputes. Consider-ing the importance of mediation in shaping social attitudes, and due to the scope of rele-vant possibilities introduced by the Polish legislator into the legal system, in this article we analyze the institution of mediation from the perspective of its application in real es-tate disputes, whose low costs and less formal nature compared to court trials relieve public funds, having a positive impact on the state's economic security policy. Design/Methodology/Approach: The study was carried out using the method of problem analysis and synthesis, and its main goal was to systemize the research field for future studies. Findings: The analysis highlights the enormous potential of mediation as an alternative method of dispute resolution, for real estate disputes. It was found that mediation can be highly beneficial for entities that choose this way of proceeding. This implies not only financial advantage, understood as optimizing the costs of proceedings, but also image-related benefits. Practical Implications: The problems tackled in the article may contribute to increased awareness of alternative dispute resolution methods, especially mediation. The analyses carried out in this paper should be of value to entrepreneurs but also to natural persons who may find themselves in a dispute with real estate entities. Business owners should therefore pay attention to several legal and economic benefits that can be achieved with the use of mediation, especially that its use optimizes the level of the state's economic security policy pursued in this area. Originality: The paper explores the problems of public and economic life that have not been much discussed in the literature in the context of solving real estate disputes. Entities that are unable to dialogue during real estate disputes may show a less conciliatory atti-tude, focused on escalating the conflict and getting their own way, rather than trying to constructively resolve the dispute, a situation which generates additional costs, especially in real estate business transactions, not only for the parties but also for the State Treasury.

A Mechanism for Dispute Resolution in the Iranian Construction Industry

If disputes are not resolved promptly, they tend to become prolonged and escalated, creating a more complicated and less manageable scenario. Therefore, in this study, we formulated a mechanism for dispute resolution in the Iranian construction industry based on alternative dispute resolution methods. The formulated mechanism could aid disputing parties in the construction industry to settle their disputes more effectively and enhance dispute resolution methods in construction standard forms. To achieve this goal, we collected qualitative data using semi-structured interviews with 30 experts who were selected via purposive sampling method. We used MAXQDA software to manage and organise complete interview transcripts and facilitate the qualitative data analysis process. The proposed mechanism and guidance were finally validated using the survey questionnaire. Negotiation has equal potential for dispute resolution with different sources, and it is recommended as the first step in dispute resolution with any source. According to the results, we recommend a three-step resolution mechanism as follows: negotiation, a method based on sources of disputes and a hybrid method of adjudication and arbitration (Adj-Arb), as the appropriate mechanism for dispute resolution in the Iranian construction industry. Replacing arbitration with Adj-Arb in construction standard forms will have satisfactory results in resolving construction disputes and reply to growing criticism that arbitration is becoming more like litigation.

Resolving Pending Cases through Alternative Dispute Resolution under Section 89 of Civil Procedure Code

Alternative Dispute Resolution refers to a variety of techniques for resolving disputes by means other than litigation. ADR System seeks to provide cheap, simple, quick and accessible justice. The object behind this provision is to avoid multiplicity of litigation, save valuable time, money and permit parties to amicably come to a settlement which is lawful, is in writing and is a voluntary act on the part of the parties. Further, to reduce burden of the court. The general principle is that all matters, which can be settled in a suit, can also be settled by means of compromise. The Act of 1999 has introduced a new provision, section 89 where the court may by itself, proactively refer a dispute for ADR methods such as Arbitration, Mediation, Conciliation and judicial settlement through Lok Adalat if it appears that elements of settlement, which may be acceptable to the parties to the dispute. This paper is intended to give an overview of procedural aspects as contained in Civil Procedure Code as well as of the different methods of Alternative Dispute Resolution with special reference to the judgement of the Hon’ble Supreme Court in the case of Afcons Infrastructure Limited and Another vs. Cherian Varkey Construction Company Pvt. ltd. & ors. 2010 by briefly overviewing the history of the section, the recommendations of various law commissions with respect to the same, the relation of the section with other statutes of India and the position of the provision as it stands today. This paper tries to explicit the categories of cases which are suited for ADR processes and the cases which are not suitable for ADR processes. Then the focus shifts on analysing the conditions, advantages and weakness of ADR. This paper ends by providing some recommendations for solving the issues concerned with Alternative Dispute Resolution.

Modern Trends in the Development of Private International Law and its Place in the Legal System

The paper analyzes the current trends in the development of private international law, its relationship with international public law. Special attention is paid to the relationship between the public and the private in the regulation of cross-border private law relations, the concept of a polysystemic complex. The special role of the international civil process in the system of modern private international law is noted. Being implemented by law enforcement agencies, also in the context of the application of uniform conflict-of-law rules, the conflict-oflaws method of private international law vests with the public area due to its implementation. It is difficult to call the conflict-of-laws regulation a trend in private international law. The author highlights the international (crossborder) nature of private international law. Modern private international law is characterized by the presence of a symbiosis of traditional methods of state substantive and conflict-of-laws legal regulation and non-state regulation emanating from the subjects of private law relations, formed with due regard to the use of modern information technologies and often implemented in the digital environment, including with the use of non-state alternative methods of dispute resolution modernizing their forms with the development of technologies (the ODR, blockchain arbitration, the UDRP).The paper highlights the formation of “cross-border private law” that is private in its own nature and in the context of the formation procedure which means that it comes from the subjects of private law. The author highlights such trends in the development of private international law in modern conditions as harmonization, primarily of electronic methods, of mechanisms for the implementation of private law relations; profiling of private international law within the framework of the activities of international organizations and cross-border self-regulatory organizations; orientation towards the uniform formation of private international law in the world and the expansion of its regulatory elements