Traditional Court Research Articles

ONLINE DISPUTE RESOLUTION IN UKRAINE: EXPECTATIONS AND REALITY

Background: As digital interactions and transactions grow, people are more inclined to participate if they feel secure and assured of fair procedures. However, online dispute resolution is still rarely used in Ukraine due to a lack of regulations. This research article provides a legal analysis of online dispute resolution (ODR) in Ukraine, concentrating on defining the ODR landscape, as well as on considering its potential in e-commerce and traditional court proceedings. Besides, the article presents a vision and proposals for the future adoption of European laws in Ukraine while discussing the current challenges in the online justice system that hinder its successful implementation. As a result, the article emphasises the need for an adequate legal instrument to regulate ODR in Ukraine, particularly in the context of e-commerce. It highlights the importance of implementing EU legislation, developing ODR platforms and ADR institutions, and ensuring their decisions are binding. It also addresses the challenges related to remote hearings in the judiciary during different circumstances and suggests adopting cloud-based case management to improve efficiency and reduce the risk of document destruction. Methods: The research methodology for this study on online dispute resolution in Ukraine included a comprehensive literature review, a comparative analysis of ODR systems in European countries, and a systems analysis to forecast the future trajectory of ODR in Ukraine. This approach aimed to assess the current state of ODR in Ukraine, identify areas for improvement, and explore potential achievements and challenges in its implementation. Results and conclusions: The article concludes that Ukraine is in the process of establishing a legal framework for online dispute resolution, which is expected to progress further after the war. The implementation of EU legislation and the development of ODR platforms and ADR institutions are crucial, along with ensuring accessibility for all, including vulnerable groups without internet access. Related to online courts, it is necessary to address challenges such as judges' absence during remote hearings. It is also recommended that the process be expedited and the risk of document loss internally in the case management system minimised.

A debate on whether drug courts be opened in India: Considerations and pragmatic suggestions

Drug courts are specialized programs from the courts that aim to offer a chance to individuals with substance-related problems encountering law enforcement to take treatment rather than face incarceration. The aim of this debate is to critically debate the utility, applicability, and feasibility of drug courts in India. This is a theoretical debate based on the existing evidence and considerations of ground realities in the country. There is enough evidence that drug courts are effective in decreasing substance use and decreasing rearrests. These courts have been demonstrated to be cost-effective, and they seemingly decrease the burden on traditional courts. However, it can also potentially lead to discrimination of marginalized groups while at the same time can be seen to be punitive and coercive. Legal provisions exist that may facilitate the development of such programs. Nonetheless, there is a scrupulous consideration of the pros and cons of drug courts and their operational considerations in the local context.

Digital transformation and building e-courts to meet the requirements of judicial reform in Vietnam

Currently, the rapid development of information technology has brought lots of opportunities for improving the efficiency of national governance activities and the implementation of justice in the world. The Fourth Industrial Revolution and the continuous development of digital technology have been profoundly changing the operation of the courts and providing opportunities for nations to transform from the traditional court model to the electronic court one. Building an e-court has become a global trend in order to respond to the COVID-19 pandemic and overcome court delays in resolving disputes. In that context, Vietnam has also advocated promoting the application of information technology, making the most of opportunities that are brought by the technological revolution so as to build e-courts, one of the important tasks of the Judicial Reform Strategy. From 2019 up to now, Vietnam has made efforts to strengthen judicial reform and build e-courts, however, the results are still quite modest. By qualitative research method, this article examines the achievements Vietnam has achieved as well as the limitations when the court system transforms to the e-court model, thereby making some recommendations to successfully build an e-court in Vietnam in order to meet the requirements of judicial reform.

Recent Development of Arbitration Law in Brazil

Arbitration in Brazil has undergone a remarkable transformation, graduating from a tentative start to a robust and thriving practice. Like many jurisdictions with complex judicial systems, Brazil has found in commercial arbitration a valuable tool to foster economic growth and provide efficient dispute resolution for both domestic and international parties. Initially, when the Arbitration Act was enacted in 1996, it was met with skepticism. Many Brazilian scholars and legal practitioners questioned its constitutionality, as the concept of removing cases from the traditional judiciary's purview seemed far-fetched. The turning point came when Brazil's Supreme Court upheld the constitutionality of the Arbitration Act, providing a significant boost to its adoption and legitimacy. Since then, the country has witnessed rapid advancements in arbitration practices, making it an increasingly attractive venue for resolving commercial disputes. This development reflects a growing confidence among businesses and legal experts in the efficiency and effectiveness of arbitration as a complementary mechanism to the traditional court system. This article aims to delve into the evolving legal environment surrounding arbitration in Brazil. It will explore the dynamic trends that have emerged, such as the increasing sophistication of arbitration procedures, the establishment of dedicated arbitration centers, and the rising number of professionals specializing in this field. Additionally, the article will analyze how these developments have influenced Brazil's attractiveness as a hub for international arbitration, and the impact this has on the nation's legal and economic landscape. By examining these aspects, the article will provide a comprehensive overview of the current state and future potential of arbitration in Brazil.

The role of digital arbitration in the resolution of electronic commerce disputes between the necessity of application and the imperative of confrontation

The world has recently undergone a major shift in international information technology, software and communications, which has been regarded as a global revolution in many areas. and transformed traditional means of commercial transactions into electronic means of communication through the promotion, exchange and completion of transactions of goods using modern telecommunications and information exchange technology without the parties meeting in one place, Whether mutual commitments can be implemented electronically or require concrete physical implementation which created for us e-commerce that has become a reality of a real pension, It is also one of the economic pillars of the State and an important mechanism for raising productivity. This necessitates the provision of the appropriate legal environment and the search for means to ensure that they are controlled within a systematic and regulated legal framework, In particular, contracts involving international parties via the Internet require delving into private international law, the determination of the judicial area for the resolution of electronic commerce disputes and the determination of applicable law was a major burden on parties and States, which prompted their clients to seek alternative electronic mechanisms to replace traditional courts to settle disputes resulting from the use of electronic media in their commercial transactions, so-called ODR dispute resolution. s electronic teleconference, this has made recourse to electronic or digital arbitration as a virtual judge system a requirement of many international organizations and associations. The forms raised: how effective is digital or electronic arbitration in resolving e-commerce disputes? We therefore divide our research into two sections, dealing with section I: the conceptual framework for electronic commerce as well as digital electronic arbitration, and section II: the role of digital arbitration in the termination and resolution of e-commerce disputes.

Role of Virtual Court in Reducing Pendency of Cases in India: A Way Forward

The judicial backlog is becoming increasingly problematic for the effectiveness and efficiency of India's legal system. A workable solution to this issue is the creation of virtual courts. This study looks into ways to lower India's case backlog through virtual courts. It also examines ways to make court processes more efficient, raise accessibility, and enhance case management generally. Technology is used by virtual courts to hold hearings and proceedings online, which can reduce logistical and physical obstacles to justice. They lessen the delays connected with traditional court settings and enable quicker case settlement by enabling real-time communication and documentation. In addition to relieving the burden on the actual court infrastructure, this move offers a more adaptable and user-friendly platform for all parties concerned. The research delves into several aspects of virtual courts, including their operation, impact on case resolution rates, and challenges encountered in implementation. It assesses case studies and statistical data to show how virtual courts have contributed to a decrease in pendency. Additionally, it offers best practices for implementing them effectively. The research paper also includes the legal and technological frameworks needed to support virtual courts, as well as elements related to equitable access and maintaining procedural integrity.

Healthcare expenditures for people with substance use disorders in drug courts compared to their peers in traditional courts

Individuals within the criminal justice system are at greater risk of substance use–related morbidity and mortality and have substantial healthcare needs. In this quasi-experimental study, we assessed utilization patterns of Massachusetts Medicaid Program (MassHealth) services and associated expenditures among drug court probationers compared to a propensity score–matched sample of traditional court probationers. Risk of reoffending, employment status, age, and living arrangement data were used to calculate propensity scores and match probationers between the two court types, producing a final sample of 271 in each court (N=542). Utilization of services and associated expenditures were analyzed using a two-part model to address the skewed distribution of the data and to control for residual differences after matching from the perspective of the payer (i.e., MassHealth). The largest categories of MassHealth spending were prescription pharmaceuticals, hospital inpatient visits, and physician visits. In the unadjusted analysis, drug court probationers exhibited greater MassHealth services utilization and expenditures than traditional court probationers. However, drug courts enrolled more females, more people at higher risk of reoffending, and more people with opioid use disorders. After controlling for differences between the two court types, the difference in MassHealth services utilization and associated expenditures did not reach statistical significance. Drug court probationers were more likely to engage with healthcare services but did not incur significantly greater expenditures than traditional court probationers after controlling for differences between the samples.

The effect of drug treatment court on recidivism: a comparison with traditional court intervention

Drug treatment courts have transformed the way in which courts process drug-related cases and respond to drug-involved offenders. Established as a diversion program, drug courts help to reduce recidivism among substance-involved individuals. Given the rapid expansion of drug courts across the nation, research examining their effectiveness has also increased. While there is evidence that drug courts are successful at reducing recidivism compared to more traditional court interventions, several studies in the literature have lacked an adequate comparison group using appropriate statistical techniques to reduce selection bias. Further, questions remain whether specific types of interventions or outcomes of those interventions are more beneficial than others. The current study adds to the existing drug court literature by conducting an outcome evaluation in Milwaukee County, Wisconsin to determine whether differences in recidivism existed between individuals in a drug treatment court and a comparison group of traditionally adjudicated individuals. Within-group differences were also examined to determine whether the type of intervention (drug court graduates, drug court revoked, traditional probation, traditional incarceration) was significantly influential in the likelihood of recidivism.

The Revitalizing Indonesia's Religious Courts System: The Modernization Impacts and Potentials of E-Court

The electronic court (E-Court) system implemented in this study utilizes online technology to facilitate the legal process. This system is based on the principles of fast, simple, and low-cost, and it is designed to address the challenges of traditional court procedures. The objective of this research is to evaluate the effectiveness of E-Court implementation in the Kendal and Semarang Religious Courts in accordance with the Supreme Court Regulation No. 1 of 2019, No. 3 of 2022 and No. 7 of 2022 as well as the Directorate General of Religious Courts Agency No 5374/DJA/HM.01/X/2019, in achieving the principles of fast, simple, and low-cost. This study employs a juridical-empirical approach, using data gathered through interviews, observations, and literature review. The findings indicate that the online justice system, implemented with the aim of expediting the legal process, has been well received by the community, and has proven to be highly efficient in the Kendal and Semarang Religious Courts. Overall, this research highlights the importance of E-Court implementation in delivering fast, simple, and low-cost for the community, while acknowledging the need for continued efforts to enhance the system's accessibility and inclusivity.

The power of compassion: a judicial reflection on wellbeing and the court

This article explores the stress, vicarious trauma, and burnout experienced by judicial officers and their need for protective skills. Compassion is one skill that can be incredibly beneficial. Compassion involves recognising a person’s suffering, and ‘turning towards’ the sufferer. This has been said to be ‘neurologically rejuvenating’. In contrast, empathy alone can lead to distress and generate burnout. There are three pillars of compassionate practice: (1) procedural fairness; (2) judicial engagement; and (3) other therapeutic jurisprudence approaches and court programs. The authors, both experienced judicial officers, have experienced how compassionate practice can inspire offenders to achieve rehabilitation goals. These practices can also be implemented in traditional court lists by judicial officers acknowledging the possibility of suffering of court users and empowering them by judicial engagement and granting them agency. A compassionate approach to justice can improve judicial effectiveness, health, and the fostering of a healthy work environment.

Alternative ways of resolving disputes in the field of contract law

In today's world, the speed and efficiency of resolving disputes in the field of contract law are of great importance for businesses and individual participants. Traditional litigation is often notorious for its length and high costs. In this regard, alternative methods, such as mediation and arbitration, are gaining more and more popularity. Their advantages, such as speed, confidentiality, and greater party autonomy, make them attractive for the resolution of contractual disputes. The article explores alternative dispute resolution methods in the field of contract law, including mediation, arbitration, and confidential settlement. The purpose of the study is to analyze alternative ways of resolving disputes in the field of contract law. Research methodology includes such methods as empirical method, comparative analysis method, forecasting method, and logical methods. As a result of the study, alternative ways of resolving disputes in the field of contract law and the advantages of each method compared to traditional court proceedings are considered and also provide examples of successful application in practice. The results of the study show that alternative dispute resolution methods in the field of contract law, such as mediation, arbitration, and confidential settlement, have some significant advantages compared to traditional litigation. In addition, current trends in the use of these alternative methods in modern contract law are investigated. The study also indicates that the success of these alternative dispute resolution methods in the field of contract law depends on mutual trust between the parties, who are ready to work together to achieve a mutually beneficial resolution of the conflict.

Internal dispute resolution systems: Do high promises come with higher expectations?

AbstractWhen e-commerce appeared in the 1990s it brought with it disputes related to its operation. E-commerce is risky as the contracting parties do not even know each other, not to mention the fact that disputes have additional legal difficulties concerning jurisdiction and applicable law. However, e-commerce websites have worked out online dispute resolution (ODR) systems in order to maintain the trust of their users, employing an efficient and impartial method if problems arise from deals made on their website. These internal ODR systems are considered successful as they are faster, cheaper and more appropriate than asking for remedy from the courts.As online marketplaces resolve tens of millions of disputes a year, their influence cannot be avoided. The traditional court system fails to protect consumer rights in high-volume and low-value international transactions in practice. This circumstance raises the question of whether internal dispute resolution systems of private e-commerce sites could develop in such a way that fulfils the minimum procedural fairness requirements for dispute resolution and that is acceptable according to substantial laws. Is justice served in online disputes? Who is responsible for making just decisions, and to what extent can ODR procedures be expected to meet the principles of traditional civil proceedings?

Justice in the balance: The crucial role of disclosure in ensuring justice in Jordanian arbitration

AbstractAs an alternative to traditional court litigation, arbitration has gained prominence in Jordan's legal landscape for its distinct attributes like speediness, confidentiality, autonomy, and efficiency. Central to the sanctity of this mechanism is the arbitrator's duty of disclosure, ensuring that the arbitration process remains impartial, transparent, and devoid of any potential bias. This paper explores the profound significance of the duty of disclosure in Jordan by analyzing the latest Jordanian Court of Cassation Decision No. 1479 of 2023, where nondisclosure by the Arbitral Tribunal led to the annulment of the arbitral award. Through juxtaposing international arbitration norms and thoroughly examining Jordanian legislation, this study underscores the consequences of nondisclosure and the paramount importance of transparency in arbitration. The insights drawn from this case reaffirm that the foundation of arbitration's credibility and trustworthiness rests on the rigorous adherence of arbitrators to disclosure, ensuring that justice is not only served but is transparently perceived.

The return of drugs courts: Some important considerations

Drugs courts can be praised for the rehabilitative health-treatment response they deliver to people with drugs dependence problems. This is when contrasted with traditional courts that operate on adversarial and retributive justice principles and do little to alleviate cycles of repeat drugs offending. Whilst drugs courts have been met with success and embraced in several jurisdictions worldwide, fundamental points need to be raised on the model that is re-emerging in England and Wales. Indications are it will involve drugs testing and a ‘graduated sanctions and incentives system' that comprises short custodial sentences for non-compliance. This essay discusses the newly emerging drugs court model as signposted within different legislative and public policy documents and raises questions relating to the precise model these courts will take; whether they prioritise harm reduction or if ‘abstinence’ goals will predominate. We question whether people with drugs dependence problems should be sanctioned to short custodial prison sentences if in breach of a drugs court order. And perhaps more fundamentally: do we need drugs courts in the English and Welsh justice system?

THE CHALLENGES OF INVESTMENT ARBITRATION: SUCCESS OR FAILURE? A COMPARATIVE ANALYSIS OF INVESTMENT ARBITRATION IN NORTH MACEDONIA AND KOSOVO

Background: In today's modern business and technological landscape, businesses are increasingly inclined to seek alternative methods for resolving disputes rather than rely solely on traditional court procedures. Businesses are also increasingly aware of the significance of resolving conflicts through alternative means and taking proactive measures to avoid litigation. In recent decades, investment arbitration has gained widespread acceptance and has emerged as a preferred mechanism for resolving disputes involving international investors in Western Balkan countries. Some countries demonstrate a favourable inclination towards employing arbitration as a dispute resolution mechanism by enacting legislation that grants investors the right to initiate arbitration proceedings against the state in case of failure. This scientific research objective will be achieved through the reflection of the legislative framework in the matter of investment arbitration as well as the reflection of the flow of foreign investments, analysing and not limited to the treatment of concrete cases of arbitration disputes. Through this approach, we will answer the central question of how much arbitration as an alternative dispute resolution mechanism is a stimulating factor for attracting foreign direct investment or whether multinational companies only use the legislative and incentive favours offered by the Republic of Kosovo and North Macedonia. Methods: The article was conceived based on a modern methodological framework. Within the general methodological framework of scientific research, logical methods play a crucial role in the scientific processing of the research data, drawing conclusions and determining facts through which the truth of the thesis of the work is reached scientifically. In the context of this paper, the method of analysis through which the impact of arbitration as an alternative dispute resolution mechanism in relation to the flow of investments will be analysed is noteworthy. Additionally, methods of abstraction and concretisation will also be used. Abstraction is the basis of analysis, which sometimes represents the separation of parts from the whole subject. Moreover, the comparative method will highlight the diverse normative solutions in national legislation and international legal sources. Results and conclusions: In the article, the authors propose considering the effectiveness of existing provisions and determining whether adjustments or alternative approaches are needed to maximise the benefits of foreign investment while minimising potential risks and uncertainties associated with dispute resolution processes.

The role and significance of International Commercial Arbitration in investment disputes

International commercial arbitration (ICA) is an important dispute resolution mechanism in the field of international trade and investment. In the conditions of constant globalization and the growing integration of the world economy, there is a need to effectively resolve conflicts arising in the sphere of commerce and investment relations. In recent decades, there has been a significant increase in investment disputes related to various aspects of business, from contractual obligations to the protection of foreign investments.
 Consideration of investment disputes in the ICA involves the use of the principles of the autonomy of the will of the parties, confidentiality, and finality of decisions, which makes this mechanism particularly attractive for businesses and investors. Scientific research in this area is of great importance for understanding the effectiveness and prospects of the development of the ICA as a tool for resolving investment disputes.
 In this context, the analysis of the role and significance of the ICA in investment disputes is of great practical and scientific importance. This article aims to consider the main aspects of International Commercial Arbitration in the context of solving investment conflicts, in particular, to analyze the principles and procedures, consider cases of successful use of the ICA, as well as determine the advantages of this mechanism compared to ordinary court procedures.
 This article analyzes the role and significance of International Commercial Arbitration in the context of investment dispute resolution. Important principles and procedures of the ICA that ensure effective and fair resolution of conflicts between business and investors are emphasized. An analysis of the advantages of the ICA compared to traditional court procedures is carried out, in particular its contribution to the investment climate and investor confidence. Based on the analysis of examples of successful dispute resolution through the ICA, recommendations are provided for the parties in resolving investment conflicts. This article has implications for practitioners, academic researchers, and anyone interested in international trade and investment.

The Role of Corporate Governance and Arbitration in the Indian Banking Sector: Ensuring Stability and Fairness

The Indian banking sector plays a pivotal role in the nation's economic growth and development. Its stability and efficiency directly impact the well-being of individuals and businesses. This research paper delves into the critical roles of corporate governance and arbitration in maintaining a robust and transparent banking system in India. The paper explores the fundamental principles of corporate governance, including transparency, accountability, fairness, and risk management. It analyzes how these principles contribute to ethical practices, sound financial decision-making, and protecting the interests of all stakeholders within the banking system - depositors, shareholders, borrowers, and the public. Furthermore, the paper examines the role of arbitration in resolving disputes within the banking sector. It evaluates the benefits of arbitration, such as its speed, confidentiality, and flexibility compared to traditional court litigation. The paper also discusses the challenges associated with arbitration in the Indian context, including potential bias and the enforceability of awards. Through a critical analysis of relevant regulations, case studies, and academic literature, the paper provides a comprehensive understanding of how corporate governance and arbitration contribute to a sound and fair banking environment in India.

Balancing Justice in Pixels: Legal and Constitutional Implications of Virtual Court Sessions in Ghana

The legal sector is experiencing a transformative shift towards the adoption of virtual court sessions to enhance efficiency, accessibility, and transparency within judicial systems. However, this paradigm shift is not without its challenges. This research examined the implementation of virtual court sessions in Ghana, focusing on the legal and constitutional implications of the Practice Direction issued by the Chief Justice. While digitalization of court proceedings holds promise, concerns regarding privacy, technological disparities, and the preservation of due process rights loom large. The research drew on a recent case of Law to affirm that administrative/practice directives fall outside the purview of Laws of Ghana. The study employed the Innovation Diffusion Theory as the lens for analyzing and proposing a solution framework to sustain virtual court systems in Ghana. The findings of the study included the implementation strategy incompatibility of virtual court hearing with the existing legal framework for observing due process and the fundamental rights of citizens. The solutions require a balanced approach that acknowledges the strengths of both the traditional court system and technology. To sustain virtual court hearing, strategies for addressing implementation and legitimacy concerns, enhancing the compatibility of virtual court technology security with existing legal framework and practices, and ensuring long-term adherence to constitutional requirements should be paramount. Substantive law and regulation including relevant constitutional amendments may be necessary to ensure smooth implementation. Keywords: e-Justice system, Implementation, Virtual Court Sessions, Practice Direction, Due Process, Proceedings, Ghana.

Delaware County, Ohio, domestic relations court programs designed to reduce family conflict and reach agreements

AbstractFamilies experiencing separation and divorce often find it difficult to provide emotional stability for children as the parents struggle with financial, parenting, and relationship decisions. The effect on children can be especially precarious. Adverse childhood experiences, or ACEs, are risk factors that potentially affect children for the rest of their lives. Parental separation and divorce are identified as adverse childhood experiences and the experiences of stress and loss, reduced parental effectiveness, and exposure to parental conflict, among other stressors, may explain some of the negative outcomes often observed in children following divorce. It is essential that public institutions, including courts, are informed about the risks and protective factors associated with ACEs and resolve to mitigate the effects for children and families whom they serve. Domestic Relations Courts are uniquely equipped to address the effects that parental separation and divorce have on children, given the courts' authority to govern the legal divorce and custody process. The Domestic Relations Court in Delaware, Ohio, is committed to assisting families navigate separation and divorce in a way that is in the best interests of all, especially the children. The Court has created four specific programs to help litigants navigate their emotions, create new narratives, and explore solutions to conflict outside of trial. These innovative programs go beyond traditional court practices to treat the spouses and parents as unique individuals, giving them ample opportunities to address traumatic events and be validated for their lived experience. The suite of services includes Settlement Weeks, Neutral Evaluation, Co‐parent Coaching, and Brief Family Assessments. In the subsequent sections, we will delve into each program, exploring their promise for improving outcomes for the public, the litigants, and the court as a whole.

Neutrality Principles of WTO Dispute Settlement Mechanism: Legal and Moral Dimensions

This paper examines the neutrality principle of the WTO dispute settlement system, which functions as a quasi-judicial body in the settlement of international trade disputes. Given the system's resemblance to traditional courts, its effectiveness in ensuring justice hinges on its adherence to neutrality, ensuring fairness, impartiality, and the rule of law. Recent developments, such as the United States obstruction of the Appellate Body, underscore the tension between maintaining neutrality and addressing external pressures that may compromise this foundational principle. This study analyzes the complexities of the neutrality dynamic in the WTO dispute settlement mechanism and argues for the organization's imperative to protect neutrality amidst emerging challenges. the method used in this study is juridical normative with historical-descriptive characteristics. The research method used is qualitative. The findings of this paper will highlight the need to protect the neutrality principle of the WTO dispute settlement mechanism and the need for change or clarification of the confusion that this blending of economic or political power in DSM, and not beyond that the neutrality of WTO is the heart of this research.