Dispute Resolution Research Articles

An Insurtech Platform to Support Claim Management Through the Automatic Detection and Estimation of Car Damage from Pictures

Claims management is a complex process through which an insurance company or responsible entity addresses and handles compensation requests from policyholders who have suffered damage or losses. This process entails several stages, including the notification of the claim, damage assessment, settlement of compensation, and, if necessary, dispute resolution. Fair, transparent and timely claims management is crucial for maintaining policyholders’ trust while also limiting the financial impact on the insurer. Technological innovations, such as the use of artificial intelligence and automation, are positively influencing this sector, enabling faster and more effective claims management. This study reports on Insoore AI, an insurtech solution that aims to automate a portion of claims management by integrating a computer vision solution based on some latest developments in deep learning to automatically recognize and localize car damage from user-provided pictures.

Resolution of IP disputes in Turkey: emerging trends of mandatory mediation and specialized courts for IP disputes

Abstract Resolving IP disputes is a critical challenge within the intricate framework of global business and innovation. Turkey, amidst its evolving legal landscape, has shown considerable attention towards efficiently managing disputes linked to IP rights. Notably, Turkey has significantly transformed its approach to handling these issues by introducing specialized IP courts and embracing mandatory mediation as a resolution method. The adoption of mandatory mediation in Turkey marks a notable departure from traditional litigation approaches, aiming to expedite disputes and resolve them in a cost-effective manner. Additionally, the establishment of dedicated IP courts signals a deliberate shift towards adjudication grounded in specialized knowledge tailored to address the intricate nuances of IP conflicts. This article seeks to delve into the burgeoning trends and evolving practices surrounding IP courts and mandatory mediation to resolve IP disputes within the Turkish jurisdiction. By examining the historical foundations, legislative developments and practical applications of mandatory mediation in the context of IP disputes, this study aims to provide an insightful evaluation of the efficacy and feasibility of these mechanisms while exploring their implications for stakeholders.

A two-pronged approach: utilising sports governing bodies’ statutes and equal treatment legislation to achieve equality of treatment in women’s football

AbstractWomen’s football is currently growing at an exponential rate in terms of participation, viewing, engagement and commercialisation. More people than ever before are involved in women’s football, whether it be from watching, to buying merchandise or investing. However, in spite of this growth, female athletes are consistently subjected to subpar treatment when compared with that of their male counterparts. This inequality includes adequate pre-tournament and match preparation, access to medical treatment and appropriate research, professional training facilities, broadcasting and refereeing standard and professional coaching staff. Thus, this lack of equality is not confined to one area and includes all aspects of professional sport. In order to achieve parity in terms of treatment, female athletes can employ a two-pronged approach. The first is to utilise the regulatory frameworks of FIFA and the International Olympic Committee which guarantee protection and respect for human rights, as well as protection from discrimination on the basis of gender. By evoking the dispute resolution mechanisms of the governing bodies and indeed the Court of Arbitration for Sport, athletes can seek remedy for these inequalities by virtue of the fact FIFA are breaching their own statutes. Should this approach not provide appropriate redress, athletes can employ a strictly legal method by relying on domestic equal treatment legislation, whether in the EU or beyond, in order to achieve equal treatment in employment by virtue of a reliance on domestic laws and legal systems.

Examining the Efficacy of the Law of Sale of Goods and Supply of Services Act 2017 in the Lens of Consumer Protection in Uganda

This study investigates the effectiveness of the Sale of Goods and Supply of Services Act 2017 on consumer protection by examining the legal framework governing it at the national and international levels. Findings reveal that Uganda’s consumer protection law falls short and even the available laws do not protect consumers extensively. This Act also does not cater for any redress system for consumer disputes, rights, and remedies of a consumer, and it is upon such a critical analysis that one can conclude that there is an urgent need to protect consumers in Uganda, mainly by setting up a redress system for consumer dispute resolution. More legislation should be enacted and passed, and consumer rights should be enforced since they are intrinsic to any democratic state, and this will lead to economic development. In light of the observations, the article recommends that the government of Uganda amend the law to include the e-commerce provisions that protect consumers on digitally procured products, both intangible and tangible, which give clear and full protection to consumers against fault-sold digital content products. More so, the government of Uganda should amend the Sale of Goods and Supply of Services Act to clearly define “goods” to also expressly cover digital products and clearly stipulate the mode of digital transactions since such goods are different from ordinary goods that the consumer is able to examine before purchasing them. Keywords: Sale of Goods and Supply of Services, and consumer protection

Workshop on Legal Affairs and Dispute Resolution in Engineering and Construction, Costa Mesa, California

Workshop on Legal Affairs and Dispute Resolution in Engineering and Construction, Costa Mesa, California

Analysis of the Role of Law in Environmental Dispute Resolution: A Case Study in Urban Areas

The objective of this research project is to conduct an in-depth examination of the role of law in environmental dispute resolution within the context of urban Yogyakarta. By employing a qualitative methodology, this study examines the factors affecting the implementation of environmental legislation and the efficacy of legal instruments in addressing disputes. This study seeks to elucidate the role of law in environmental dispute resolution in Yogyakarta, examine the obstacles and impediments encountered in the implementation of environmental law, and analyse the efficaciousness of the existing dispute resolution mechanisms. To this end, it employs qualitative methods, with a particular focus on primary data obtained through observation, interviews, and documentation. The findings demonstrate that, despite an adequate legal framework, the efficacy of environmental dispute resolution is constrained by challenges inherent in law enforcement, public awareness, and economic considerations.

Article: Artificial Intelligence and International Trade from a Latin American Perspective

The article explores the impact of Artificial intelligence (AI) on international trade, focusing on challenges and opportunities for developing countries, particularly in Latin America and the Caribbean (LAC). As AI advances, it creates regulatory challenges and ethical concerns, especially regarding human rights and public morals, which may lead to trade frictions not addressed by current international agreements. AI brings important benefits to countries, such as cost reductions and efficiencies, alongside challenges related to data privacy, competition, and security. For developing countries, adopting AI offers both opportunities and obstacles, with infrastructure and human capital constraints being significant hurdles. The article suggests flexible regulatory approaches to attract investment, promote digital services exports, and ease cross-border data flow. While global trade discussions, particularly within the WTO, are addressing AI-related issues, regional agreements have made more progress. These agreements lack however comprehensive coverage and effective dispute resolution. It is important for LAC countries participating in international negotiations to ensure their interests are represented and to help shape global digital governance standards, enabling them to fully benefit from AI.

Foreign Arbitration As The Only Recourse In Resolving Trademark Disputes In A Civil Manner, Criticism of Act Number 20 Year 2016 About Brands and Geographical Indications

Introduction: Act Number 20 year 2016 on trademark and geographic indication opens up opportunities to resolve trademark disputes not only through the Commercial Court, but also to resolve disputes through the District Court.Purposes of the Research: The purpose of the study was to find a form of fair trademark dispute resolution. Conventionally, dispute resolution is usually done by litigation or dispute resolution before the court.Methods of the Research: Normative research is used to answer the formulation of problems regarding foreign arbitration as the only way to resolve trademark rights disputes in a civil manner. The method of approach is the approach of legislation that is to examine and analyze the regulation.Results of the Research: Indonesia also has repeatedly updated the regulation on trademark, but on the other hand, the level of trademark infringement is increasing, even the Commercial Court which should be a place for people to seek justice often gives decisions that do not reflect justice. Is it not better to start looking for other alternatives to resolve trademark disputes that can provide a sense of justice to the community. The court, which is only a mouthpiece of the acts, without regard to the conventions in the field of trademark that have actually been ratified by Indonesia, making the enforcement of trademark regulations in Indonesia, has not been able to provide a sense of justice to holders of rights to trademarks, especially holders of rights to well-known trademars. So that the settlement of famous brand disputes through foreign arbitration is expected to provide a sense of justice for the rights holders of the wellknown trademark.

Arbitration In Legal Remediesn Against Dispute Resolution Construction Service Contract

The purpose of this research is to find out what are the advantages and deficiencies in problem solving through arbitration and how the process dispute resolution through arbitration in construction contract disputes. By using research methods juridical normative, it can be concluded, that: 1. Arbitration is the way settlement of a civil dispute in outside the general court based on arbitration agreements made written by the parties to the dispute. 2. The existence of a written agreement negates the right of the parties to apply resolution of disputes or disagreements what's included in the agreement state court.

Kemanfaatan, keadilan, dan kepastian hukum restorative justice pada ketentuan perpajakan

Restorative justice has been implemented in tax provisions, namely the KUP Law and the PPSP Law which regulate tax collection, audits and investigations. Restorative justice is further reaffirmed in the Law on Harmonization of Tax Regulations (UU HPP), which is known to be contained in the explanation of Article 40B clause (3), Article Article 44B clause 2a and Article 64 clause (2). It is estimated that tax law enforcement with a restorative justice approach can be a more comprehensive and sustainable solution in dealing with violations. Dispute resolution is focused on efforts to reconcile the parties, in this case between countries positioned as victims and parties who commit violations. This is done with the aim of creating a better climate of compliance and reducing protracted problems. This journal article was prepared in order to analyze the value of benefit, justice and legal certainty regarding the implementation of the article on restorative justice regulated in the UU HPP for violations that have the potential to harm the country's economy. By using non-doctrinal legal research methods based on theory and application to regulations, it is hoped that the results of theoretical analysis related to the principles of restorative justice can provide further insight into how the values of benefit, justice and legal certainty are applied as law enforcement, especially in the field of taxation.

The Impact of Trade Unionism on Staff Welfare in Nigerian Public Institutions: A Focus on Akwa Ibom State University (AKSU)

Public institutions in Nigeria, including universities, had long faced persistent challenges related to staff welfare, such as poor working conditions, inadequate remuneration, and limited career advancement opportunities. These issues had led to frequent industrial actions and strained relationships between university management and staff unions. This study investigated the impact of trade unionism on staff welfare in Nigerian public institutions, with a particular focus on Akwa Ibom State University (AKSU). The study addressed three main objectives: examining the effect of trade union activities on working conditions and benefits at AKSU, assessing the relationship between lobbying efforts and staff welfare, and evaluating the impact of strikes on staff welfare at the university. The findings revealed that trade union activities significantly impacted the working conditions and benefits of employees at AKSU. Unionized staff reported better access to resources, improved remuneration, and more favorable working environments compared to their non-unionized counterparts. The study also found a positive relationship between lobbying and staff welfare in AKSU, as effective lobbying efforts by trade unions contributed to the implementation of policies and programs that enhanced staff welfare, such as salary reviews and career development opportunities. The study concluded that trade unionism played a vital role in shaping staff welfare in Nigerian public institutions, as exemplified by the case of Akwa Ibom State University (AKSU). The findings highlighted the importance of constructive engagement between university management and trade unions to address staff welfare concerns and foster a conducive work environment. The study recommended that the university management and the state government establish regular dialogue and collaborative platforms with trade unions to address staff welfare issues proactively. AKSU should also develop comprehensive staff welfare programs that address the diverse needs of its academic and non-academic staff and strengthen its internal dispute resolution mechanisms to minimize the frequency and impact of strikes.

Liability Mechanisms and Dispute Resolution in Crypto Exchange Contracts: Balancing Code-Based Execution and Legal Enforceability

This paper examines the tension between code-based execution and legal enforceability in smart contracts used by cryptocurrency exchanges. As decentralized finance grows in prominence, there is an increasing need to balance the immutability and automation of blockchain-based agreements with traditional legal protections and dispute resolution mechanisms. We analyze current approaches to liability allocation and conflict resolution in major crypto exchanges, identifying key challenges in harmonizing algorithmic governance with existing contract law. Case studies of recent exchange hacks and failures are used to illustrate the limitations of purely code-based systems. We then propose a hybrid model that preserves the efficiency of automated execution while incorporating safeguards for human intervention in exceptional circumstances. This framework aims to enhance user protections, regulatory compliance, and overall trust in decentralized financial infrastructure. Our findings have implications for exchange operators, regulators, and contract law as it evolves to address blockchain-enabled agreements.

Inductive and Deductive Reasoning in Byrom vs. Johns Hopkins Bayview Hospital

The status quo that results from medical malpractice litigation is 85,000 medical malpractice lawsuits filed per year, of which 66% are potentially frivolous. There are also 3 million claims but only 85,000 are represented. There is something wrong with this status quo, which prompts questions about traditional decision-making Traditional decision-making is inductive reasoning. Deductive reasoning is hypothesis testing. The objective evidence and the burden of proof are the same in both; except hypothesis testing has a greater level of confidence. The differences are examined in detail. Of the parties involved in dispute resolution, medical experts are essential, medical experts are doctors. Doctors are familiar with hypothesis testing and threats to validity. Doctors, who are medical experts, are duty-bound to be objective. Hypothesis testing best satisfies this duty. Nothing prohibits medical experts from using hypothesis testing when they review a case to arrive at an opinion; although, until now, none do. Yet, as doctors, it is expected of them and they can never be prohibited from doing so. In the final analysis, traditional decision-making subjectively infers a departure from the standard of care; however, hypothesis testing objectively proves it.

Regulation of the Role of Mediators in Efforts to Resolve Employment Disputes: A Comparative Study of Indonesia and United Kingdom

This study aims to examine the regulatory frameworks for mediators in employment dispute resolution in Indonesia and the United Kingdom. The research method involves a comparative analysis of the two countries' approaches to regulating the mediation process, mediator qualifications, and the enforceability of mediated agreements. The findings of the study indicate that a robust regulatory environment is crucial in ensuring the credibility and reliability of the mediation process, which in turn increases the willingness of parties to engage in mediation and improves the overall outcomes of employment disputes. The research identifies key considerations for the development of a future regulatory framework, including the need to strike a balance between confidentiality and transparency, strengthen the enforceability of mediated agreements, and harmonize the standards for mediator training, accreditation, and ethical guidelines. The research results suggest that the implementation of a regulated system for case reporting, the development of specialized tribunals or procedures for efficient enforcement of mediated agreements, and the establishment of comprehensive national standards for mediator qualifications and continuous professional development would contribute to the overall effectiveness of mediation as a dispute resolution mechanism in both developed and developing country contexts.

A comprehensive outline towards conciliation in the contemporary world of E-commerce

Since the start of the millennial era, technical advancements have led to exponential growth in electronic commerce, or e-commerce. According to the United Nations Conference on Trade and Development (UNCTAD), e-commerce sales reached about US$25 trillion globally in 2021 [1] and are expected to grow at a compound annual growth rate of 9% through 2027, which is twice as fast as the 4% annual growth rate predicted for traditional in-person retail [2]. Online dispute resolution (ODR) techniques that aim to settle disagreements and lower the likelihood of expensive lawsuits are becoming more and more necessary as both individuals and corporations use online shopping platforms. Due of its legally binding nature, arbitration is the most formal method, as was briefly discussed [3]. Online arbitration is carried out using electronic methods, like email and digital tools designed to make the duties of arbitrators and parties to a dispute easier. It adheres to the same rules and processes as traditional arbitration. On the plus side of e-arbitration, advancements in technology allow for time and cost savings without sacrificing the ease of remote filing. The conclusion of e-arbitration agreements raises several negative issues, including privacy and data protection issues for the consumer signing the agreements and power imbalances between corporate entities and the consumer. The degree to which artificial intelligence (AI) is effectively and sufficiently analysing a dispute between parties is up for debate because it's unclear how new this adjudication process is.

AUTOCOMPOSIÇÃO NO ÂMBITO DA JUSTIÇA CONSTITUCIONAL

The Federal Constitution of 1988 advocates justice as the supreme value of a fraternal, pluralistic and unprejudiced society, founded on social harmony and committed, in the internal and international order, to the peaceful resolution of disputes. We sought to analyze how self-composition has been implemented within the scope of constitutional justice. The study was carried out through bibliographical research and critical analysis. Self-composition has the ability to humanize the judiciary as it encourages dialogue and changes the course of the social culture of litigation, focusing on a more pacifying, conciliatory and dialectical culture. It gives the parties the power to adapt the best solution to that conflict, and it is possible that the solution best suited to the parties may be completely counterintuitive, but it will be the one that will completely extinguish the dispute and, therefore, be the fairest for the parties. Aiming to implement self-composition in processes within its jurisdiction, the Federal Supreme Court published successive Resolutions creating centers for alternative methods of conflict resolution.

Penanganan Sengketa Pertanahan dalam Perspektif Agraria

Dispute is an inseparable part of conflict, which can occur in various aspects of daily life. Studying disputes is crucial to understand their nature and resolution methods. This research uses a normative research method with prescriptive research specifications and a comparative, conceptual, and historical approach. Data is collected through a bibliographic study from primary, secondary, and tertiary legal sources. Land conflicts are often caused by issues such as boundary disputes, inheritance, state land control, and legal uncertainty in land tenure, which fundamentally stem from the imbalance of land rights ownership and uncontrolled land conversion. Land dispute resolution can be carried out through litigation and non-litigation pathways. The litigation pathway offers legal certainty, execution power, and transparency but has weaknesses in terms of cost, time, and its confrontational nature. Conversely, the non-litigation pathway is more efficient in terms of cost, time, and its collaborative nature, but is limited in terms of execution and legal certainty. Therefore, the choice of dispute resolution method must consider the characteristics of the dispute and the needs of the parties involved.

Mediation as a Prominent Dispute Resolution Mechanism

Getting justice from the Indian courts these days is highly costly and time-consuming. There are too many cases in the Indian courts. "Around five major cases are still pending in Indian courts at various levels as of December 31st, 2022" (NDTV, 20232). William Edward Gladstone famously said, "Justice delayed is justice denied." This suggests that justice will not be considered genuine justice if it is not provided on time or if it is offered later. Time is therefore extremely valuable in the judicial delivery system. As a kind of Alternative Dispute Resolution (ADR), mediation has emerged as a key tool for settling conflicts amicably (Nasir, 2020). Through mediation, the parties can reevaluate their rights and shared interests and develop new conflict resolution strategies. In general, the court process is formal, but mediation is more efficient, simpler, more useful, quicker, and less expensive. As a result, among arbitration, conciliation, and negotiation, mediation has emerged as the most often used technique in alternative resolution systems

Effect of Alternative Dispute Resolution on VAT Compliance Among Tax Agents in Nairobi County, Kenya

Purpose: Tax is a vital source of government revenue in almost all countries in the world as it ensures that the government can offer goods and services to the general public. Therefore, tax compliance is critical in all economies, which recognize the role played by revenue collected from tax in national development. The key aim of the current study was to establish the effect of alternative dispute resolution on value added tax compliance among tax agents in Nairobi County, Kenya. The study was anchored on the theory of conflict of management. Methodology: The study adopted an explanatory research design. The study targeted 321 agents in Nairobi County while the sample size was 178 respondents. In this study, 178 out of 134 distributed questionnaires were completed and returned correctly, achieving a 75% response rate. The study used primary data, which was collected through questionnaires. The data collected was analyzed using both descriptive and inferential statistics. A linear regression model was used to establish the strength of the relationship between independent and dependent study variables. Results: Alternative Dispute Resolution also exhibits a positive and significant correlation with VAT Compliance, with a coefficient of β =0.093 p<0.05. Conclusion: The study recommended that the KRA should enhance its alternative dispute resolution mechanisms by providing clear guidelines, increasing the availability of mediation and arbitration services, and ensuring that tax agents are well-informed about these options. Future research should examine the impact of the regulatory framework on VAT compliance.

Azərbaycan Respublikasinda arbitraj mübahisələrin həllinin alternativ üsulu kimi

The article analyses in detail the recently adopted Law on Arbitration in the Republic of Azerbaijan, which was intended to replace the Law on International Arbitration. The Law sets out the categories of disputes subject to arbitration, the criteria for the selection of local arbitrators and the rules for the recognition and enforcement of arbitral awards. Particular attention is paid to the development of a system of domestic arbitration as a means of reducing the judicial burden, as well as harmonising the country's arbitration practices with international standards. The article also extends the discussion by raising questions about the history of arbitration, beginning with its origins as a method of resolving conflicts without involving the judicial system. The evolution of arbitration is examined in detail, emphasising its ancient roots and its gradual development in many cultures and legal systems. Special emphasis is placed on the term "arbitration courts" in the Republic of Azerbaijan, exploring the specifics and peculiarities of the local context of arbitration. In addition, the article touches upon the important comparison between arbitration and mediation in our state, highlighting the differences and similarities between these two methods of alternative dispute resolution. Both methods stand out as key tools in legal practice, helping to resolve conflicts and strengthen business relationships. Keywords: law on arbitration, alternative dispute resolution, arbitration, arbitration agreement, arbitral tribunal, international arbitration, arbitration organizations, arbitration award, mediation