Dispute Resolution Procedures Research Articles

탈중앙화 자율조직(DAO)의 법적 규율에 관한 고찰 - 미국 와이오밍 주를 중심으로

Decentralized Autonomous Organizations (DAOs), based on blockchain technology, are organizations that operate autonomously according to agreements made among members rather than through a centralized authority. Utilizing blockchain’s attributes of decentralization and cryptography, DAOs embody decentralization, autonomy, and transparency, establishing themselves as a distinctive governance model. However, despite the increasing prevalence of DAOs globally, their legal nature remains ambiguous, leading to unclear legal relationships and insufficient protection for participants and third parties. In 2021, Wyoming proactively established the Wyoming Decentralized Autonomous Organization Supplement, creating a foundational legal framework for the formation, operation, and dissolution of DAOs. Wyoming recognizes DAOs as a special form of LLC. However, considering the various types of DAOs in operation, legislation that reflects each organization's characteristics, rather than prescribing a single legal status, is needed. Furthermore, this study reviews elements within Wyoming’s regulations that may conflict with DAOs’ core values of decentralization and anonymity, highlighting areas requiring caution in the legislative process. Finally, to address the technical risks and potential centralization tendencies within DAOs, this paper suggests imposing a high duty of care on key developers, introducing clauses to exclude indemnification for core members, and formalizing dispute resolution procedures in advance.

Medical arbitration court: status and perspectives

Abstract. More than forty years ago, medical courts, which are arbitration tribunals (arbitration) for resolving medical malpractice disputes, emerged in the United States, while they remain relatively little known in our country. The problem of the study is the legal nature of medical disputes, the object is medical arbitration as a medico-legal phenomenon, the subject is the effectiveness of arbitration in resolving medical disputes. The issue of arbitrability, i.e. the admissibility of arbitration of a dispute: arbitration clauses are often challenged on the grounds that a patient could not reasonably express his or her will due to a medical condition. Despite conceptual difficulties, medical arbitration has been actively developed in the US since the 1980s. Its proponents emphasise a number of advantages over conventional litigation: speeding up the process, compensating a wider range of patients, reducing attorney fees, and improving patient safety. Opponents see as disadvantages the insufficient professional level of arbitrators, simplification of proceedings and its reduction to compensation payments, lack of connection between the activities of medical courts and improvement of the quality of medical care, transformation into an administrative procedure, "privatisation" of arbitration by large corporations. Some countries (South Korea, Indonesia, Mexico) implement arbitration in their country, but its results are rather modest. In Russia, medical disputes are characterised by increased complexity due to certain legal conditions. Alternative dispute resolution procedures are practically not used, and medical arbitration is expressly prohibited by the Code of Civil Procedure.

Prospects of Handling Digital Technology Disputes by Courts of Integration Associations

Objective: to analyze the competence and procedure of case handling by the courts of integration associations, allowing them to resolve disputes related to information technologies, and to identify the prospects of handling of this category of disputes by the courts of integration associations.Methods: the main research methods were analysis, synthesis, and problem-theoretical method.Results: the article identified the main features of the “disputes related to digital technologies” category in relation to resolving disputes involving individuals by the courts of integration associations. It reveals opportunities for some courts of integration associations to resolve disputes related to information technologies. The said opportunities are provided by the courts competence, allowing the appeal of individuals, as well as by the dispute resolution procedure involving experts. By analyzing international treaties and practice of courts of integration associations, the author proves that the changes in the category of “disputes related to digital technologies” are related not only to technologies, but also to information and communication systems. By own judgments, the author reveals the content of disputes related to digital technologies in the courts of integration associations.Scientific novelty: the paper reveals the peculiarities of the category “disputes related to digital technologies” in relation to the courts of integration associations and the prospects of resolving disputes related to information technologies by the courts of integration associations. Practical significance: the conclusions provided in the article can be used to improve the practice of courts of integration associations.

Effects and Remedies of Construction Claims in Hydropower Projects: Case Studies of Selected Medium-Scale Hydropower Projects in Nepal

This research aims to analyze the perspectives of various stakeholders involved in hydropower projects, including employers, engineers, and contractors, to identify common challenges and propose strategies for minimizing claims. The data analysis involved a questionnaire survey conducted among representatives of employers, engineers, and contractors across seven selected hydropower projects. Similar questionnaires were distributed to gather insights from all three parties involved in the projects. The responses were compiled and analyzed collectively using a general ranking method, allowing for a comprehensive assessment of the findings related to the thesis objectives. The analysis revealed that claims significantly impact construction projects, manifesting as both cost overruns and time delays. If not addressed promptly, these claims can escalate into disputes that typically require resolution through Alternate Dispute Resolution (ADR) procedures or may lead to complex legal proceedings. The study identified several key factors contributing to claims, including inadequate tender documentation, poor record-keeping of daily site events, and the occurrence of major design changes. To mitigate the risks associated with claims in hydropower projects, it is essential to implement several best practices: preparing clear and unambiguous tender documents, maintaining comprehensive daily records of site activities, minimizing design changes whenever possible, ensuring site possession prior to contractor mobilization, and conducting thorough field investigations before finalizing designs.

Examining the Role of Alternative Dispute Resolution (ADR) and Small Claim Procedure in the Settlement of Civil Disputes in Uganda

Over the past several decades, there has been growing interest amongst advocates worldwide in the use of alternative dispute resolution (ADR) techniques to resolve their clients' disputes more economically and efficiently. In the face of bottlenecks and backlogs in the court systems, as well as spiraling costs and fees, courts and members of the legal fraternity have been part of the movement seeking means other than litigation for resolving disputes. As a result, the development of more flexible means of resolving disputes in the form of ADR techniques has gained popularity, and the Ugandan legal system is no exception. Undoubtedly, the benefits of incorporating ADR into the Ugandan legal system offer significant potential, leading to its widespread recognition in Uganda. The legal system has undergone tremendous reforms in recent years, making a study on ADR particularly timely in this context. This paper aims to introduce to the reader the concept of ADR and its implications in the Ugandan context, particularly in dealing with the rampant problem of case backlog in Uganda's judiciary. We conducted this study using the doctrinal method of research, which relies on secondary information from highly qualified state publicists as clearly outlined in textbooks, novels, law journals, articles, websites, and other literature, including class notices. The researcher also utilized court rulings from various states' judges, parliamentary acts on Alternative Dispute Resolution (ADR), and international agreements in which Uganda participates to determine the pace at which Uganda's legal system has integrated ADR to settle civil disputes. Keywords: Alternative dispute resolution, Arbitration, Civil dispute settlement, Mediation, Small claim procedure

Beyond Cognition: Are Party-Appointed Arbitrators Truly Impartial?

The present paper examines the principle of impartiality and its significance in the context of party-appointed arbitrators in international investment and commercial arbitration. It reflects on how cognitive biases influence decision-making in arbitral disputes and how such biases can be mitigated to enhance the credibility and fairness of international dispute resolution procedures. Arbitration is a common mechanism for resolving disputes in international investment law, with parties often appointing tribunal members. However, the impartiality of these arbitrators is frequently questioned. Cognitive biases, such as confirmation bias and anchoring bias, can significantly impact the fairness of arbitration by affecting how evidence is perceived and evaluated. This study explores the relationship between cognitive biases and arbitrator impartiality, considering the role that such biases may play in the outcome of an arbitration process. Integrating doctrinal legal analysis with empirical insights from psychology, the paper aims to provide a comprehensive understanding of impartiality challenges faced by party-appointed arbitrators. It analyzes institutional measures like the duty of disclosure and ethical guidelines, alongside the theoretical framework of the ‘devil’s advocate’ approach, to propose effective strategies for mitigating biases. By enhancing understanding of these issues, the paper aims to contribute to the ongoing debate on the fairness of arbitration in international investment and commercial law.

ONLINE DISPUTE RESOLUTION: A MODERN ART OF ADJUDICATION

Online dispute resolution is basically a technique where disputes of the physical world and disputes of cyberspace can be solved in a better way, whether the dispute resolution procedure is completely online or partly online. But here the first question is; what are the areas where online dispute resolution processes may be helpful to solve disputes? And the second question is whether it is suitable to a particular environment? Basically, it is mooted by various jurists that e-commerce is the suitable place where online dispute resolution can help to provide justice to the community. But this is not a complete statement and the importance of online dispute resolution processes is much more than this fact. Number of other areas have been identified by various writers and practice in different countries shows the use of ODR in different fields. Online dispute resolution, similarly as ADR, is a range of processes and forms. ODR emphasized on how to do, rather than what to do? In future, most dispute resolution processes will likely migrate to online processes, and ODR will be useful to almost every type of dispute.

Politics Legal Regulation of the Supreme Court of the Republic of Indonesia (Perma Ri) Number 2 of 2019 as a Guideline for Suits for Unlawful Acts Against Government Agencies And/Or Officials

The Supreme Court has issued PERMA No. 2 of 2019 concerning Guidelines for Settlement of Disputes on Government Actions and the Authority to Adjudicate Unlawful Acts by Government Agencies and/or Officials (Onrechmatige Overheidsdaad), with the aim of being a guideline in terms of the authority to adjudicate onrechtmatige overheidsdaad cases, as well as as statutory provisions and regulations in terms of governance method of resolving disputes regarding unlawful acts committed by government agencies or government officials, which has now become the absolute authority of the State Administrative Court (PERATUN). Regarding Legal Politics, the issuance of PERMA No. 2 of 2019 is important to study and research, because it has created a new "legal situation" and "legal consequences", namely regarding the authority to adjudicate overheidsdaad cases that are onrechtmatige, as well as regarding legal provisions regarding dispute resolution procedures against the government. From this research it can be concluded that with the enactment of PERMA Regulation No. 2 of 2019, cases of unlawful acts by government agencies and/or officials, which previously fell under the authority of the general judiciary to be examined and tried in the District Court, but are now expressly regulated. Becomes the authority of PERATUN and is tried at the State Administrative Court, so its implementation actually still requires improvements, so that in the future it can be implemented even better.

The legal policy in fostering the use of alternative dispute resolution procedures

The complications of social relations contribute to the growth of the number of disputes that result from conflict situations. In these conditions, the role of the state’s legal policy, aimed at stimulating the participants of social relations to choose economical, efficient, and prompt methods of conflict resolution, is significantly increasing. Improving the quality of dispute resolution directly correlates with a drop in the number of cases pending before a judge. This is achievable only through the development of the mechanisms of pre-trial dispute resolution and conciliation procedures. This paper aims to study legal issues and perspectives on the development of alternative dispute resolution based on the analysis of the legal policy of the Russian Federation. To achieve the mentioned goal, comparative legal analysis, a systemic approach, and formal-juridical methods were used to show the current developments of the legal policy of the Russian Federation in the sphere of stimulating and incentivizing alternative dispute resolution. Authors concluded that, unlike the domestic legal order, in foreign states, there is not only a formed normative basis for the procedures of alternative dispute resolution but also political acts of stimulating tone, designed to actively involved in these procedures more and more participants of social relations in a state of conflict. It has been established that the legal policy on introducing alternative dispute resolution procedures in foreign legal orders is characterized by a shifted emphasis on family law.

An Evaluation of the Dispute Settlement System in the World Trade Organization

The main goal of the World Trade Organization (WTO) upon its founding was to guarantee the unhindered and unrestricted flow of goods and services. The Dispute Settlement System, which guarantees prompt resolution of disputes, is the foundation of the WTO. The purpose of this study was to examine how the WTO's Dispute Settlement Body resolves trade disputes. This study explicitly looked at the WTO Dispute Settlement System, identifying its goals and determining whether it facilitates the realization of these goals. The study also assessed the types of disputes that fall under the purview of the WTO Dispute System Body. The research used the doctrinal research approach to accomplish this aim. In the World Trade Organization, trade disputes often occur when a member state or states adopt a measure or measures that the WTO deems to be at odds with the commitments outlined in the WTO agreements. Realizing the practical significance of the member states' obligations requires the prompt and organized settlement of trade disputes. Thus, the study outlined some of the difficulties DSB is facing as well as future directions. These include, among other things, the protracted dispute resolution procedure, the appellate body dilemma, the lack of transparency, and the handling of new trade issues. The study suggested that the system be made more open and visible to the general public as a result. Additionally, the system has to select panelists who are qualified to handle the cases that are brought before panels due to their increasingly complicated substance.

Current issues of labour dispute resolution through mediation

The article presents a comprehensive theoretical and legal study of mediation as an alternative procedure for resolving labor disputes. The author proves that the urgent issue of labor law science is to make specific proposals for the development of a systematic and consistent legislative framework for the use of labor mediation in resolving labor disputes. The author draws attention to the fact that current legislation makes situational references to this concept in certain articles without disclosing its content, which leads to law enforcement problems. Thus, the Law of Ukraine "On Mediation” supplemented the current Labor Code of Ukraine with a new Article 221-1 "Settlement of Labor Disputes through Mediation”. It is emphasized that the inclusion of the new provision in Chapter XV "Individual Labor Disputes” of the Labor Code of Ukraine indicates that the legislator has limited the mediation procedure to the settlement of individual labor disputes. The author emphasizes that failure to comply with the principle of legal certainty as a component of the rule of law principle enshrined in Article 8 of the Constitution of Ukraine impedes the proper protection of labor rights. The author argues that the national legislator incorrectly applies the concept of "labor dispute” by defining mediation as an alternative way of its resolution, since in fact a "labor dispute” arises at the time of applying to the bodies which consider them. Mediation does not resolve a labor dispute, but rather disagreements between the parties to labor relations at the stage of voluntary settlement of such disagreements, which is more appropriately called a "labor conflict”. The author denies the legislator's position that the mediation procedure is applicable only to individual labor disputes. Attention is drawn to the need to extend such an institution to collective labor disputes. The author argues that it is necessary to eliminate regulatory uncertainty regarding the terminology of the concept of "mediation" and to harmonize the provisions of the Law of Ukraine "On Mediation" and current labor legislation. The existence of stable and clear legislation on mediation is an embodiment of the rule of law and will contribute to the formation of public confidence in alternative out-of-court dispute resolution procedures.

Innovation Helps with Sustainable Business, Law, and Digital Technologies: Economic Development and Dispute Resolution

This paper discusses the dispute resolution procedure that innovative digital commerce has adopted for the future for sustainable business. As digital trade becomes increasingly important for economic growth, trade-related disputes must be settled in both business and consumer situations. This study examines the advantages of using digital technology to resolve disputes involving digital trade and discusses how digital technology is changing traditional dispute resolution procedures. Conventional trade disputes differ from their digital counterparts because the digital sphere gives rise to more complex trade conflicts that require stronger regulatory resources. The utilization of digital technologies such as blockchain, artificial intelligence, innovation-based models, digital strategies, and others can enhance the efficacy of conflict resolution. Digital technology can assist in resolving disputes with digital trade, even though procedural fairness issues including prejudice and algorithmic opacity may also arise. The research highlights the importance of developing innovative techniques to set up trade dispute resolution procedures and building legal frameworks for jurisdiction, trial, and enforcement procedures in addition to stressing the usage of digital technology.

THE SIGNIFICANCE OF THE LAW ON AMICABLE RESOLUTION OF LABOR DISPUTES AND THE REVIEW OF THE PRACTICE THUS FAR

During the work process, numerous instances of dispute regarding the positions of the employees, or the interpersonal relations between them or between them and their employer may arise. In addition to the traditional judicial method of labor dispute resolution, it is necessary to develop independent and impartial negotiation mechanisms between the parties in the area of individual and collective labor disputes. In Serbia, these are certainly the arbitration settlement of individual and collective labor disputes, and conciliation as a method of resolving collective labor disputes within and through the Republic Agency for Peaceful Settlement of Labor Disputes. There are many benefits to peaceful labor dispute settlement. The goal of supplementary procedures, i.e. procedures for peaceful labor dispute resolution, is to relieve the traditional judicial approach and direct it to the procedures where a judicial settlement of the dispute is truly necessary. Besides the concept, advantages and characteristics of the amicable labor dispute settlement procedures, certain types of these procedures such as mediation, conciliation and arbitration are also analyzed in the theoretical section of this paper, as well as the most important provisions of the Employment Act and the Law on Amicable Resolution of Labor Disputes. In the research section of this paper, the practice of the Republic Agency for Peaceful Settlement of Labor Disputes in the procedures of amicable labor dispute settlement, both for the territory of the Republic of Serbia and the territory of the City of Novi Sad, is analyzed. The primary research data source was the official data of the Republic Agency for Peaceful Settlement of Labor Disputes. The paper is methodologically based on a theoretical analysis of relevant contemporary theoretical views, a normative analysis of legislative sources, and a quantitative analysis of statistical indicators in the domain of the research subject.

New Trends of Digital Justice: The Online Mediation—Between a Challenge and a Reality (The Portuguese Legal Framework)

The Directive 2008/52/EU of the European Parliament and Council of 21 May 2008, regarding certain aspects of mediation in civil and commercial matters, does not seem to have been designed for online mediation since it does not expressly include rules in this regard, though it does not prohibit it either. The Portuguese legislator, through Law 29/2013, of 19 April 2013 regulated mediation in an autonomous and systematic way in Portugal, covering internal and cross-border conflicts, and went beyond the EU requirements prescribed by the 2008 Directive, which only specified regulation to cross-border conflict mediation. Like the EU Directive, the Portuguese law does not explicitly address online mediation, but it neither prohibits nor excludes its application. In this article, we intend to present and conceptualize online mediation within the scope of Online Dispute Resolution (ODR) procedures. We will present the specific features and principles of online mediation, thus enhancing the main challenges and potentialities of its use as an adequate means of resolving conflicts.

Mediation in the administrative process

The article is devoted to the issues of the peculiarities of mediation in the administrative process of Ukraine as a kind of alternative methods of conflict resolution, which needs improvement and development, taking into account international norms and national needs.
 It was found that in the process of reforming the judicial and law enforcement system, the issue of simplified dispute resolution procedures became relevant, in particular, we are talking about alternative methods (mediation, negotiations, etc.). This approach will make it possible to relieve the courts, speed up the resolution of disputes and help maintain friendly relations between the parties participating in the mediation process.
 It was emphasized that in Ukraine there are a number of cases in administrative proceedings that can be resolved in an alternative way. Alternative means of resolving administrative disputes will allow dynamic resolution of conflicts, in particular those related to traffic accidents, offenses in the field of labor protection and others, the settlement of which is possible under the legislation of Ukraine through the mediation procedure.
 It is noted that the Law of Ukraine "On Mediation” is in effect in Ukraine, the norms of which determine the peculiarities of mediation in civil, economic, administrative proceedings, in the field of notarial activity, modify social relations and require the use of special techniques, methods and methods of regulating mediation relations in legal processes.
 Attention is focused on the fact that for mediation in the administrative process it is important to observe the norms of ethical behavior, in particular, the mediator's code of ethics. In Ukraine today, the unified rules of ethical behavior of the mediator and participants in the mediation process are not legislated. Such rules are adopted by public associations based on the European Code of Conduct for Mediators.
 In administrative and legal practice, the experience of mediation is new, but, as practice shows, it is promising and in demand. The mediation procedure will help resolve the dispute positively for all parties, saving time and money as much as possible, and will also help the parties remain on good terms with each other.

Principle of Good Faith in Peace Agreements via Mediation

Many people have selected mediation as a dispute resolution procedure to get the best agreement and solution. However, it is not uncommon for parties to fail to consistently implement an agreement reached through mediation. The purpose of this article is to examine the essence of peace agreements reached through mediation, as well as the importance of the principle of good faith as a form of protection for the parties involved in such agreements. This is normative research that takes both a statutory and conceptual approach. The exploration of data in the form of primary and secondary legal materials was carried out through a literature review and descriptive-qualitative analysis. The analytical results reveal that the mediation process, which concludes with a peace agreement, represents the end of a dispute based on the ideals of benefit and justice. On that premise, its execution must be based on the principle of good faith to provide legal protection to the parties, whether mediation takes place in or out of court. Good faith in implementing a peace agreement is interpreted as an attitude that develops within the parties in dispute to carry out their commitments as a moral obligation to obey and accomplish things that have been agreed upon voluntarily.

Современная судебная система: проблемы и пути их решения

The article identifies and considers two main problems of modern legal proceedings. The first problem, according to the authors, is the numerous judicial errors that negatively affect the legitimacy and prestige of justice. The second problem is the non-observance of procedural terms by the courts, which negatively affects the effectiveness of justice. The rational solution to these problems, the authors consider it necessary to develop and implement tools for alternative procedures for dispute resolution (ARS), which is determined by the ability of society to compromise thinking in order to peacefully resolve possible conflict situations. For the effective development of ADR instruments, the level of social development of a society implies the ability to independently negotiate with each other or involve an intermediary — a dispute regulator. The development of the ADR institution will reduce the burden and open up new opportunities for the development and renewal of the judicial system of our state.

Driving factors behind farmers’ preferences for choosing Xinfang system as land dispute settlement body

This study offers a focused examination on Xinfang system, China’s unique mechanism particularly on its ability and efficacy in mediating land disputes between farmers and governmental bodies for social governance purposes. Based on interviews with 10 farmers, the study elucidates the system has low entry barriers and user-friendly, thus fast becoming the preferred system option when dealing with land conflicts. Xinfang facilitates direct communication between farmers and government officials, thereby in line with the sociocultural conventions of the rural populace. The study also highlights several constraints. While the Xinfang system employs a multifaceted approach to conflict resolution, including negotiation and grassroots governmental intervention, it lacks legislative power and institutional authority that are required for effective management of more complex or multi-stakeholder land disputes. The study advocates for a comprehensive reassessment and subsequent reform of the Xinfang system, focusing particularly on its mechanisms and procedures for dispute resolution. Such reforms are not merely instrumental for the more robust safeguarding of farmers’ land rights, but also for enhancing the overall integrity and public trust in China’s legal and administrative frameworks.

On the effectiveness of digital dispute resolution through arbitration in England and Wales

The intensive growth of the digital economy has created the prerequisites for the emergence of a new mechanism of communication through the barriers of time and borders, which has affected all areas of society, including the area of dispute resolution. The emergence of completely new objects of civil rights in the metaverse requires the legislator to develop a legal basis for their functioning. The need to create special mechanisms for resolving so-called digital disputes has been overdue for a long time, and their legal nature can be completely different, both related to the active integration of information and communication technology, and not arising in the field of finance, trade, intellectual property. It is quite obvious that the main features of such social relations are that their occurrence does not depend on time and boundaries. Thus, the way to resolve digital disputes should correspond to these specific features. Foreign experience in resolving digital disputes indicates, that there is no reality in which they could be avoided. Even a well-created smart contract on the blockchain does not guarantee the absence of controversial situations. Here the problem arises of choosing an adequate way to resolve such disputes, which would meet the necessary conditions, namely, binding and enforceability, and most importantly, correspond to specific features. The global community in the field of digital dispute resolution has chosen arbitration as the basis as the most common, flexible, independent and fast way to resolve disputes. The inclusion of an arbitration clause in smart contracts and the adoption of various rules for resolving digital disputes has become widespread. However even here there are legal conflicts and gaps in the regulation of digital rights, which requires the development of a single unified approach and its implementation into national legislation. In addition, the internal regulation of the dispute resolution procedure in the blockchain also creates a number of unresolved issues. One of the most developed legal systems in the field of digital dispute resolution is traditionally England and Wales. Over the past few years, a number of by-laws have been adopted that have had a significant impact on the development of this area, as well as the reform of arbitration legislation have created all the prerequisites for creating the most favorable conditions for the parties to a digital dispute to submit the dispute to English arbitration and in accordance with the law of England and Wales.

PRE-TRIAL ADMINISTRATIVE DISPUTES RESOLUTION IN GERMANY, FRANCE, ITALY AND UKRAINE: COMPARATIVE ASPECT

Background. This article highlights the main issues of the introduction and legislative approach to regulation of pre-trial administrative disputes resolution in Ukraine together with some examples from such European countries as Germany, France and Italy. Relevance of the contemplated study is that there is no exact definition of the concept "pre-trial administrative disputes resolution" in Ukrainian legislation, and there is also a lack of a clear understanding of the essence of pre-trial procedures in Ukraine. The purpose of the research is to analyze the existing practice of legal regulation regarding similar procedures in European countries of Romano-Germanic legal group as Germany, France and Italy and to define their effectiveness as well as to discuss the necessity of their being borrowed by Ukraine. Methods. The methodological bases for the article are general and special methods of legal science, namely: the method of analysis, the method of synthesis, formal and logical, normative and dogmatic, comparative methods. Results. It has been concluded that mediation and pre-trial administrative disputes resolution are different legal procedures both in Ukraine and in the legal practice of above-mentioned states. A brief description of the new institution for pre-trial dispute resolution in Ukraine – the complaint review commission – is offered. An illustrative comparative study of pre-trial dispute resolution procedures in Germany, France and Italy including an administrative complaint, objection to administrative act, remonstration, conciliation, extraordinary appeal, arbitration and examples of its application regarding administrative cases is observed. A brief description of the legal rules of Germany, France and Italy establishing mandatory pre-trial tax disputes resolution, disputes in the field of public service and disputes in the field of social guarantees is also provided. Conclusions. The unequivocal need for the national legislature to apply the experience of legislative regulation and practice of mentioned countries regarding establishment of mandatory procedures for pre-trial administrative disputes resolution, in particular, tax disputes, is justified; the need for qualitative improvement and broader legal regulation of administrative appeal in Ukraine is confirmed; impracticality of establishing mandatory mediation in certain categories of administrative disputes before bringing an action to the administrative court is explained.