Resolution Procedures Research Articles

Knowledge sabotage as an extreme form of counterproductive knowledge behavior: the perspective of the target

PurposeThis study aims to explore the existence of knowledge sabotage in the contemporary organization from the perspective of the target.Design/methodology/approachThis study collected and analyzed 172 critical incidents reported by 109 employees who were targets of knowledge sabotage in their organizations.FindingsOver 50 per cent of employees experienced at least one knowledge sabotage incident. Knowledge sabotage is driven by three factors, namely, gratification, retaliation against other employees and one’s malevolent personality. Knowledge saboteurs are more likely to provide intangible than tangible knowledge. Knowledge sabotage results in extremely negative consequences for individuals, organizations and third parties. Organizations often indirectly facilitate knowledge sabotage among their employees. Both knowledge saboteurs and their targets believe in their innocence – saboteurs are certain that their action was a necessary response to targets’ inappropriate workplace behavior, whereas targets insist on their innocence and hold saboteurs solely responsible.Practical implicationsOrganizations should recruit employees with compatible personalities and working styles, introduce inter-employee conflict prevention and resolution procedures, develop anti-knowledge sabotage policies, clearly articulate the individual and organizational consequences of knowledge sabotage and eliminate zero-sum game-based incentives and rewards.Originality/valueThis is the first study documenting knowledge sabotage from the target’s perspective.

Contemporary Practices of Customary Conflict Resolution Mechanism: The Roles of Bokkuu (cultural) Centers among Oromo, Ethiopia

Conflict is a natural and unavoidable part of human existence. It is resulting from individual or groups that differ in attitude, beliefs, values or needs. This study explored Contemporary Practices of Customary Conflict Resolution Mechanism in and around Ambo district. The study answered the following basic questions: What are the roles of Bokkuu centers in handling conflict/disputes? How did the Bokkuu centers resolve conflict/disputes? Who are the main actors that guide the conflict resolution procedure at the Bokkuu centers? What types of conflict is resolved at the three Bokkuu centers? Qualitative research methods were used to understand the complexity of Oromo cultural peacemaking and how this takes shape within the culture of the Oromo custom. Techniques of collecting data were interviewing knowledgeable elders, field observation, and Focused Group Discussion were employed. The study discovers that the participants of the study agree that cultural conflict resolution are more effective in fact finding and resolve the disagreement between the disputants than that of formal courts. Because of its effectiveness in conflict resolution and truth finding traditional conflict resolution mechanisms is extensively serving in the study area. The ways judicial procedures take place is more reliably and open for disputants and any interested body that have an idea about the issue. The members of the council are the main actor of the cultural centers; they are five in number and belong to different clans.

Alternative dispute resolution procedures using information technologies: legal regulation in the European Union and the USA

The article is devoted to the research of legal issues of protection of the violated rights, determination of the effectiveness of the mechanism of ensuring the rights, investigation of alternative ways of protection of rights, analysis of the functioning of ODR platforms and prospects of their functioning. The article notes that with the widespread use of the Internet, legal institutions are changing, especially with regard to dispute resolution. The emergence of e-commerce has led to the emergence of online dispute resolution platforms that are already in use on all continents. The e-commerce market in Ukraine and in the world is gaining momentum, so Ukraine's desire for closer interaction with EU Member States and integration into the common market necessitates a detailed study of the experience of the EU and foreign countries to introduce the most effective and advanced mechanisms for securing the rights of e-commerce participants. The study concludes that it is advisable to use online dispute resolution (ODR) procedures, which are a cross-border alternative dispute resolution, as a fast and versatile way to resolve disputes, as a substitute for the ineffective existing forms of IPR protection. Based on the analysis of the existence of alternative dispute resolution methods, it is established that online dispute resolution due to its specific legal nature is an independent way of resolving disputes.

Ireland's conundrum on union bargaining rights: assessing the Industrial Relations Amendment Act 2015

AbstractAnglophone countries address the question of workplace‐level union bargaining rights via the mechanism of statutory recognition. Existing literature has evaluated such regimes as underpinned by several weaknesses. In contrast, Ireland presents an unusual case whereby the question of bargaining rights is resolved via collective dispute resolution procedures combining voluntary and statutory provisions. However, employer challenges and civil court rulings resulted in the weakening of these procedures from a trade union perspective. We assess the latest attempts to reform the Irish provisions via the Industrial Relations (Amendment) Act 2015, evaluating the implications for unions and their capacity to represent members' on pay and working conditions in comparison to Anglophone statutory recognition regimes.

Preparation of Enantiomerically Enriched P-Stereogenic Dialkyl-Arylphosphine Oxides via Coordination Mediated Optical Resolution

Optical resolution of several dialkyl-arylphosphine oxides was elaborated using the Ca2+ salt of (−)-O,O’-dibenzoyl-(2R,3R)-tartaric acid as the resolving agent. The conditions of crystallization and purification of the enantiomerically enriched phosphine oxides were optimized. Ethyl-phenyl-propylphosphine oxide and butyl-methyl-phenylphosphine oxide were prepared with an enantiomeric excess higher than 93%, whereas, three other dialkyl-arylphosphine oxides were obtained with an enantiomeric excess of 37–85%. It was also found that the sterically demanding alkyl chains hinder the formation of stable diastereomeric complexes, which consequently led to less efficient resolution procedures.

Mandatory and hybrid arbitration clauses in the practice of international financial institutions

This article analyzes the process of application of the hybrid and mandatory arbitration clauses in the practice of international financial institutions. Same as the international commercial arbitration, the domestic arbitration is the most acceptable form of resolution of financial disputes. Contracts with consumers of financial services more often utilize the mandatory arbitration clauses, being the reason why arbitration became de-facto a mandatory means of resolution of disputes with consumers in the sphere of financial services. At the same time, arbitration procedure of dispute resolution is not without its flaws, currently demonstrating trends of increased costs of arbitration, as well is increased term of review of arbitration cases. This gave rise to a new form of arbitration clauses – hybrid dispute resolution clauses, which gives the parties to a dispute an opportunity to seek resolution in state courts, as well as arbitration as an alternative. The novelty of this research consists in the fact that in the conditions of growing “complication” of the arbitration process, there is a high likelihood of application of the hybrid dispute resolution clauses among the international financial institutions. There is also the fact that that arbitration, conducted in accordance with the US financial regulator FINRA, is also mandatory, and in majority of cases yields no results in resolution of disputes of consumers, but its “mandate” is underlines by other causes, than the initiative of large international corporations providing the service.

The Limits to the Participation of the Taxpayer in Tax Dispute Resolution Procedure Under the Dispute Resolution Directive

This article intends to analyse whether the participation of a taxpayer can be further enhanced in tax dispute resolution under Directive (EU) 2017/1852. As a response to increasing arguments in support of a taxpayer’s participation, the analysis engages with broader legal concepts and human rights law with a specific focus on the right to a fair trial and normative standards. With this distinction of arguments in mind, the article outlines policy options of increasing the participation of the taxpayer in the procedure. Tax dispute resolution, MAP, arbitration, Directive (EU) 2017/1852, taxpayer’s participation, legitimate interest, right to a fair trial, Standing Committee

Penyelesaian Sengketa Pembiayaan Dengan Objek Jaminan Hak Tanggungan Pada Bank Syariah Di Kota Malang

In financial agreement, a bank as creditor has the authority to ask a client as debtor to place a guarantee such as a mortgage guarantee based on the Article 8 of Banking Regulation. Based on the Article 20 of Law of Mortgage, the availability of mortgage guarantee enables the bank to execute the object of guarantee when the debtor is in default. However, a concrete regulation concerning on the resolution procedure of banking dispute has not been stipulated. The only reference for this issue is the Regulation of OJK (Financial Service Authority) Number 1/POJK/.07/2014 pertaining to the Alternative Institution for Dispute Resolution in Financial Service Sector (POJKLAPS). The problem is, the institution only exists in Jakarta. In fact, there are many cases where the debtors considered themselves as the victim of banking crime due to unclear procedure of the execution of the object of guarantee. This study aimed to investigate the procedure of financial dispute resolution with the object of mortgage guarantee in sharia banks in Malang City and to figure out the constraints encountered during the process.

Popularity-aware mobile content management: When is knowing less better?

Changes in mobility patterns and the topology of mobile networks, the capability of mobile devices to directly serve content, and the deployment of the Internet of Things (IoT) where mobile sensors and actuators directly provide content and services, has changed the requirements and goals of traditional IP mobility management. As a result, IP mobility management and mobile content management are becoming increasingly interdependent. This paper presents and evaluates a popularity-aware lossy resolution procedure for mobility management that decides, based on its popularity and mobility, which mobile content (or mobile devices) should be tracked by the resolution system and which should be located using broadcast queries. The procedure supports the aggregation of multiple location updates in a single update message. Our analytical model jointly captures the tradeoffs that influence the performance: the tradeoff between the cost for location updates and the cost for broadcasting location queries, and the tradeoff between the reduced update cost that is achieved with aggregation and the increased delay, which results in outdated location information. Investigations show how the proposed approach’s performance, in terms of reduced signaling cost for resolution and reduced memory requirements for resolution tables, depends on the content mobility, aggregate content request rate, broadcasting cost, location update aggregation, content popularity, and correlation between content popularity and mobility. The investigations include experiments with campus YouTube traces and global YouTube video popularity.

The Flow of Information Among Authorities Involved in the Banking Union’s Resolution Procedure: The Case of the SRB and the ECB

The flow of information is vital for the smooth functioning and certainty of the successful outcome of a resolution procedure during resolution planning and execution. As a result, the exchange of relevant information has become highly influential in current debates. This article will focus on the exchange of information between the Single Resolution Board (SRB) and the European Central Bank (ECB). Firstly, the Authorities decided to arrange the rules for sharing information bilaterally in the form of a Memorandum of Understanding (MoU). While this framework of cooperation and exchange of information between the SRB and the ECB constitutes an obligation under Article 30(7) of the Single Resolution Mechanism Regulation (SRMR), it was drafted in the non-binding form of an MoU. The general purpose of an MoU is to establish the basis for cooperation and convergence of intentions. Such foundations aim to strengthen the resolution procedure by joining forces to obtain more accurate and complete data with better coordination of tasks and resources in order to achieve the most solid result possible within a tighter timeframe.

A Hierarchical Collision Avoidance Architecture for Multiple Fixed-Wing UAVs in an Integrated Airspace

This paper studies the collision avoidance problem for autonomous multiple fixed-wing UAVs in the complex integrated airspace. By studying and combining the online path planning method, the distributed model predictive control algorithm, and the geometric reactive control approach, a three-layered collision avoidance system integrating conflict detection and resolution procedures is developed for multiple fixed-wing UAVs modeled by unicycle kinematics subject to input constraints. The effectiveness of the proposed methodology is evaluated and validated via test results of comparative simulations under both deterministic and probabilistic sensing conditions.

Mediation as an Alternative Conflict Resolution Procedure in Modern Russian Society

The article provides a transdisciplinary analysis of mediation as an alternative conflict resolution procedure under the realities of modern Russian society. The brief review of modern scientific research conducted in the article allowed us to make a comparative analysis between different methods of conflict resolution, to consider the reasons for the greater public popularity of dispute resolution through the system of state coercion and the less popular alternative procedure – mediation. At the same time, we analyze the new alternative procedure − involving a judicial conciliator in the resolution of a dispute. It is shown that the participation of a judicial conciliator in conflict resolution is new in law, and, consequently, in the sociocultural system of Russian society.

ЕФЕКТИВНЕ ВРЕГУЛЮВАННЯ СПОРУ: ОСНОВНІ ПІДХОДИ ДО ВИЗНАЧЕННЯ У СВІТІ

The topic of effective dispute resolution has been explored, as various conflicts are an integral part of public life or, as scholars rightly point out, conflicts are inevitable. The approaches used to resolve them are diverse and characterize the evolution of justice – from traditional litigation to modern alternative conciliation procedures and the so-called "conflict management", which helps not only to resolve disputes but also to maintain normal and productive relations between its participants in future. Alternative dispute resolution can be seen as a reaction to the significant increase in the number of appeals to court, the increase in court costs and the increase in court hearings, which inevitably accompany this form of protection of rights during the twentieth century. The first studies ~ 64 ~ ВІСНИК Київського національного університету імені Тараса Шевченка ISSN 1728-3817 of alternative dispute resolution procedures can be found in the 1940s, but the interest of researchers increased significantly in the 1960s and 1970s, which led to the implementation of the concept of out-of-court protection in many countries, but not to dispute resolution. The basic modern approach to dispute resolution is characterized as a constructive dialogue for finding a compromise by any means, based on the vision of conflict as an integral and inevitable phenomenon that accompanies the dynamics of human relations. A change in the perception of the conflict should lead to a change in the established tools for their settlement into a comprehensive system that allows not so much to resolve it as to control, thus endowing it with constructive features that generally contribute to the development of productive relations. Accordingly, referring to our chosen epigraph, the vision of disputes as a basis for battle will grow into an awareness of their usefulness, if they are settled and controlled by experts.

ЮРИСДИКЦІЯ ТРУДОВИХ СПОРІВ ТА ЇЇ ВПЛИВ НА ТЕОРІЮ ТРУДОВОГО ПРАВА

The court's jurisdiction with regard to employment disputes is a new and unexplored aspect of the application of current labour legislation. The transformation of social and economic relations, an extensive system of specialized courts and the change of established approaches to the subject matter of labour law fundamentally modify the perceptions of labour law's place and role in the legal system of Ukraine. It leads to a reconsideration of traditional approaches to the jurisdiction in general and to the jurisdiction over labour disputes in particular. The main research method is an analytical method that has been used to analyse and categorize legal conclusions of the Great Chamber of the Supreme Court and to identify the relationship between them and the theory of labour law. The principal outcome of the research is that established approaches to the subject matter of labour law are now dated and bound to decline. The current case law of the Supreme Court continues to be in the forefront of changes concerning the application of the law and it also has a significant impact on the basis of labour law. The labour disputes nowadays can be resolved within the civil jurisdiction (based on a labour agreement), the administrative jurisdiction (labour relations in the public service) and the commercial jurisdiction (the appointment and dismissal of directors in companies). Before, the Great Chamber identified a number of labour disputes that should be settled within the alternative dispute resolution procedure.

Dispute Resolution Procedure for public information at the Aceh Information Commission (KIA) ThroughMediation and Adjudication

The Aceh Information Commission has the authority to settle Public Information Disputes through mediation and/or non-litigation adjudication, so in the context of carrying out the dispute resolution function, the Aceh Information Commission has a procedure that regulates the procedure for how a case is submitted, until the procedure for the Board of Commissioners gives a decision. In the Public Information Disclosure Act (KIP), it has been regulated as in Chapter IX starting from Article 40 to Article 46, and furthermore it has also been regulated in Information Commission Regulation Number 1 of 2013, concerning Procedures for Settling Public Information Disputes or abbreviated as PPSIP. This study aims to describe and analyze Public Information Dispute Resolution Procedures at the Aceh Information Commission through Mediation and Adjudication, as well as describe and analyze Encouraging Factors and Obstacles to Procedures for Settling Public Information Disputes through Mediation and Adjudication. In this research, the writer uses a qualitative approach, with the consideration that the writer intends to obtain an in-depth picture of a particular social phenomenon in the sense of describing the Procedure for Resolving Public Information Disputes at the Aceh Information Commission. To obtain data sources in this study through the selection of informants carried out deliberately (purposive sampling). Based on the type and source of data needed, data collection techniques used include (a) In-depth interviews, (b) Documentation Analysis, and (c) Direct Observation. In the process of data analysis techniques using an interactive model that includes three components of analysis, namely data reduction, data presentation, drawing conclusions. The results of this study indicate that the handling of dispute hearings does not necessarily take place after 14 (fourteen) working days after the dispute is registered. In 2018 there were 14 (fourteen) case registers whose stages of the Adjudication Hearing were completed in 100 (one hundred) working days. This shows that in the implementation there are still things that are not in accordance with the PPSIP regulations. Lack of socialization related to procedures for resolving information disputes to the public has not been evenly and continuously in the Regencies / Cities in Aceh. At present the court facilities and infrastructure are inadequate. The need to increase the capacity of the KIA Commissioner, increase the understanding of the Public Agency apparatus, and the public regarding procedures for resolving public information disputes, and it is hoped that the Government of Aceh will have a standard and balanced budget platform for the Aceh Information Commission.

СУБ’ЄКТИ АДМІНІСТРАТИВНО-ПРАВОВОГО РЕГУЛЮВАННЯ МЕДІАЦІЇ

The article is devoted to the study of the subject composition of the administrative and legal regulation of mediation. The development of alternative ways of resolving disputes and conciliation procedures is one of the priority areas for improving the mechanism for protecting violated subjective rights. Mediation has proven its effectiveness for both the state and society, as evidenced by its legal regulation in most foreign countries. A dispute resolution procedure involving a neutral third party can improve access to justice, which is fully in line with the rule of law in any developed state governed by the rule of law. New tendencies towards the peaceful settlement of disputes (conflicts) contribute to the achievement of social harmony in society. As Ukraine is one of the few countries in Europe where there is no legal regulation of mediation, the study of the subjects of administrative and legal regulation of the procedure is relevant. The study took into account the division of legal regulation into state and non-state. Domestic scientific views on the system of subjects of administrative and legal regulation in various spheres of public relations were analyzed. The problem of lack of administrative and legal regulation of the social and legal institution of mediation in Ukraine was emphasized. The author proposed his own list of subjects of administrative and legal regulation of mediation. The system of such entities includes the state, its bodies and non-governmental institutions that exercise powers in the relevant field. The main directions of the state policy in the field of implementation of the mediation procedure in Ukraine were also identified. The importance of actively promoting and stimulating the development of mediation, consolidation and protection of new social relations that arise during the mediation procedure, setting quality standards for mediation and requirements for professional mediators, control of such activities. The author focuses on the disclosure of competence, legal forms of activity of management entities. It is stated that the main subjects of mediation`s regulation in Ukraine are the President of Ukraine, the Parliament of Ukraine, the Parliament’s Commissioner for Human Rights, the Cabinet of Ministers of Ukraine, the Ministry of Justice of Ukraine, the Supreme Court, local state administrations, NGOs and mediators' associations. It is substantiated that this list can be expanded by a special executive body in the field of mediation. Based on the analysis of current legislation, rule-making and law enforcement practice of Ukraine and European countries, a scientific approach to solving current problems of formation and implementation of state policy in the field of access to justice and mediation is proposed. It is proposed to keep registers of mediation by both central executive bodies and local state bodies or local self-government bodies. The successful foreign experience of functioning of the corresponding mediation services in various branches of law is resulted.

Reformen bei der Beilegung internationaler Investitionsstreitigkeiten – afrikanische Sonderwege?

Institutions and mechanisms for settlement of international investment disputes are manifold. For sure, rules, principles and core standards for decisions at international level laid down in various documents of public international law are widely agreed upon in general but are rather vague in determining applicable law in specific cases. So, complementing the discussion of the general framework for international investment law in the first part of this study (RiA 2020, 3), the focus will now change to the “architecture” of settlement because effective functioning of judicial, arbitral and (other non-judicial) alternative dispute resolution procedures is most important for an attractive climate for sustainable investment. Although there are many similarities between both concepts, it is necessary to separate mechanisms for private (commercial) arbitration from intergovernmental institutions which deal with ISDS issues. Therefore, structures and procedures, forms of settlement and enforcement of awards as well as other final results of dispute resolution concerning foreign investors and investment abroad will be described and assessed more detailedly by focussing in particular upon African examples. Another core problem is balancing the relationship between intergovernmental and non-governmental dispute settlement and national (including supranational) judiciary in order to get proper efficiency. At last, “Africanization” trends as well as other ways for better and more acceptable impartial and fair ISDS will be evaluated which may comply with legitimate expectations of all relevant stakeholders, not least the general public.

Managing Shariah Non-Compliance Risk via Islamic Dispute Resolution

This article discusses Shariah non-compliance risk as a form of operational risk intending to ensure that operations in the Islamic and banking finance industry comply with Shariah procedures. In the field of Islamic finance, Shariah non-compliance risk refers to the possibility that Islamic finance transactions may be challenged based on Shariah non-compliance. This article uses a comparative and normative approach as well as a legal analysis of the case of Beximco. The article proposes the management of Shariah non-compliance risk by augmenting the effectiveness of Shariah governance systems with Islamic banking and finance arbitration; arbitration should be an enforced part of Islamic finance institutional arrangements—as it always has been classically—to provide flexibility for dispute resolution. To this end, the article examines contemporary implementations of Shariah arbitration rules to assess how Shariah non-compliance risk can be better managed via Islamic dispute resolution procedures.

Purchase price adjustment disputes in mergers and acquisitions: an intersection of different dispute resolution procedures and a war of jurisdictions

Abstract Frequently included in mergers and acquisitions (M&A) contracts purchase price adjustment clauses allow for upward or downward adjustments to the purchase price depending on a selected metric to help the parties of a transaction to overcome the information asymmetry about financial variables caused by the time lag between signing and closing. As a complex weave of technical accounting, financial, and legal issues, regardless of how objectively and meticulously conceived and drafted, it is quite often that disruptive issues arise in connection the with these clauses. In addition to the general arbitration clause typically contained in the M&A contracts, as a common practice, parties agree to submit any dispute concerning the values reported in the financial schedules to calculate the amount of an adjustment to an independent accounting firm for an expert determination. Since most of the time contracts do not provide any particular provision as to the relation between these two mechanisms, the practice shows that neither the demarcation of the two from each other nor the interaction between them is always unproblematic. This article, after explaining the price adjustment clauses, discusses the potential problems of which the parties should be well aware and address considering the case law and different approaches.

Exploring the Machine Learning Algorithm for Prediction the Loan Sanctioning Process

Extending credits to corporates and individuals for the smooth functioning of growing economies like India is inevitable. As increasing number of customers apply for loans in the banks and non- banking financial companies (NBFC), it is really challenging for banks and NBFCs with limited capital to device a standard resolution and safe procedure to lend money to its borrowers for their financial needs. In addition, in recent times NBFC inventories have suffered a significant downfall in terms of the stock price. It has contributed to a contagion that has also spread to other financial stocks, adversely affecting the benchmark in recent times. In this paper, an attempt is made to condense the risk involved in selecting the suitable person who could repay the loan on time thereby keeping the bank’s non-performing assets (NPA) on the hold. This is achieved by feeding the past records of the customer who acquired loans from the bank into a trained machine learning model which could yield an accurate result. The prime focus of the paper is to determine whether or not it will be safe to allocate the loan to a particular person. This paper has the following sections (i) Collection of Data, (ii) Data Cleaning and (iii) Performance Evaluation. Experimental tests found that the Naïve Bayes model has better performance than other models in terms of loan forecasting.