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Journal articles on the topic 'Amicable amendments'

Author: Grafiati
Published: 2 June 2025
Last updated: 31 July 2025

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1

Nitschke, Frauke. "Amicable Investor-State Dispute Settlement at ICSID: Modernizing Conciliation and Introducing Mediation." BCDR International Arbitration Review 6, Issue 2 (2019): 381–432. http://dx.doi.org/10.54648/bcdr2019010.

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The International Centre for Settlement of Investment Disputes (ICSID) has embarked on a comprehensive reform of its existing dispute settlement mechanism and also added a set of mediation rules to its service offerings. This article reviews the proposed amendments to the ICSID conciliation mechanism and ICSID’s proposed investment mediation framework. In relation to the proposed amendments to the ICSID conciliation mechanism, the article analyzes key differences and similarities between ICSID Convention arbitration and ICSID Convention conciliation, before providing an overview of the amendme
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2

Owein, Labna, and Ahmed Hussein. "Conciliation in Commercial Disputes According to Law 22-13 Amending and Supplementing the Algerian Code of Civil and Administrative Procedure." Journal of Law, Society and Authority 13, no. 2 (2024): 203–14. https://doi.org/10.52919/lsa.v13i2.264.

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The Algerian legislator’s adoption of alternative dispute resolution methods reflects its ambition to develop the judicial system, making it more compatible with legal and judicial developments both nationally and internationally. In this context, the legislator sought to modernize commercial judiciary through significant amendments to the Code of Civil and Administrative Procedure under Law 22-13. This new law aligns with the requirements of modernizing the judicial system, as it established specialized commercial courts that operate alongside traditional commercial divisions, opening the doo
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3

Manu, G. "Critical Analysis of Dr. B R Ambedkar's Vision." AKSHARASURYA JOURNAL 06, no. 05 (2025): 282 to 293. https://doi.org/10.5281/zenodo.15504841.

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The focus of this study is intended to identify the critical analysis of Ambedkar’s idea in the stimulus vision of modern concepts. The acceleration of those visions has created a common bearing of things that may polish remaining restructured questions to ask through the fundamental social opportunities, equalities, democratic conservation and representation possibility in the matter of re-union of constitutional sustainability and integrity of sovereign ruling with or without political stamina. Provided that the critical intensity has made a clear picture of responsible tact and non-re
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4

Jose, Hannah, and Vineet Kumar Pathak. "Essential health services during COVID-19: an unidentified lead." International Journal of Research in Medical Sciences 8, no. 12 (2020): 4553. http://dx.doi.org/10.18203/2320-6012.ijrms20205341.

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The struggle against COVID-19, which once started as an amicable endeavor with an anticipated climax has now turned into an unending, mysterious puzzle with lesser hope. What impacts more is the deficiency of financial backups in the health sector, for such an unexpectedly long duration. All these are pointing us towards a more sustainable, cost-effective method to fight against COVID-19, where the daily health and lifestyle of people are also considered. Maintenance of provision of essential health care services is important and urgent since this is the only way to decrease the indirect morbi
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5

Dr., Mahesh R. Sharanappa, V. Shudarshana Mr., and Tilaka N.S Ms. "The Role of Mediation in Resolving Commercial Disputes in India: Challenges." Annual International Journal of Vaikunta Baliga College of Law (AIJVBCL) 2 (May 2, 2025): 216–44. https://doi.org/10.5281/zenodo.15327537.

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<em>Mediation has emerged as a pivotal alternative dispute resolution mechanism, especially in the context of India's burgeoning commercial sector. This process, which fosters amicable settlements outside traditional courts, is gaining traction as an efficient, cost-effective, and less adversarial method of resolving commercial disputes. With the enactment of the Mediation Act, 2023, India has taken a significant step toward institutionalizing mediation and aligning with global best practices. However, despite these advancements, several challenges hinder its widespread adoption. Key obstacles
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6

Kurfi, Shafi'u Abubakar. "Adoption of International Financial Reporting Standard in Nigerian: The Good, the Bad and the Ugly." Indian Journal of Finance and Banking 1, no. 1 (2017): 42–61. http://dx.doi.org/10.46281/ijfb.v1i1.84.

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&#x0D; This paper examines the mandatory adoption of IFRS in Nigeria that started since January, 2012; and how far the Nigerian government via the Financial Reporting Council has gone in the transition of Nigerian local GAAP (SAS) to International GAAP (IFRS).The study examined and identified the benefits that Nigeria and Nigerians gained so far as a result of convergence into IFRS; the bottlenecks that paralyze the full percentage of the transition as well examined the techniques taken by Nigeria in making sure a smooth, successful and amicable implementation of the three stages of convergenc
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7

Jarota, Maciej. "Issues of awards given as a part of social arbitration in a collective dispute. De lege lata and de lege ferenda remarks." Review of European and Comparative Law 48, no. 1 (2022): 7–28. http://dx.doi.org/10.31743/recl.12240.

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Social arbitration as the third method of resolution of collective disputes can be used to resolve a dispute in an amicable manner. Thanks to this method, parties to the collective dispute can end their conflict thanks to the arbitration award with no need to go on strike. The author analyses the legal nature of arbitration awards and presents consequences of the related labour law legislation. The conclusion is as follows: current legal regulations are in need of change, especially when it comes to the execution, amendment and supplementation of an award issues as a part of social arbitration
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8

Ereciński, Tadeusz. "O kilku problemach działalności arbitrażu w Polsce." Studia Iuridica 75 (October 23, 2018): 59–67. http://dx.doi.org/10.5604/01.3001.0012.6909.

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Lawyers involved in arbitration have doubts about the accuracy of the direction in which the current practice of arbitration is proceeding. One of the main practical issues of arbitration was the issue of conflicts of interest, arbitration costs, the ethos of arbitration. In Poland, arbitration proceedings took too long. The author partly criticizes the provisions of the Act of 10 September 2015 on the amendment of certain acts in connection with the support of amicable dispute resolution methods, which among others concerns the shortening of the post-arbitration proceedings. The legislator ad
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9

Humlen, Peder. "Promoting Equal Protection and Regulatory Remedies for Balanced Civic Education." Laws 14, no. 1 (2025): 8. https://doi.org/10.3390/laws14010008.

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This article examines the teaching of civic engagement in academic settings, focusing on its role in generating new knowledge and fostering social and personal action. The article proposes regulatory remedies to ensure a fair and balanced curriculum supporting diverse worldviews and productive discourse, promoting student civic participation. The legal principle of equal protection, enshrined in the Fourteenth Amendment, serves as the foundation. The Fourteenth Amendment emphasizes equal treatment and opportunities for all, including access to a well-rounded education. By incorporating its pri
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10

Murshal Senjaya. "DEATH CRIME AGAINST SEXUAL VIOLENCE (RAPE OF 12 STUDENTS IN BANDUNG) IN A RESTORATIVE JUSTICE PERSPECTIVE." International Journal of Social Science 1, no. 4 (2021): 523–32. http://dx.doi.org/10.53625/ijss.v1i4.1071.

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Herry (Santriwati Rape Case in Bandung) is suspected of having violated a criminal offense Article 81 paragraph (1), paragraph (3) in conjunction with Article 76.D of the Republic of Indonesia Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection in conjunction with Article 65 paragraph (1) of the Criminal Code. The settlement of criminal cases can still be carried out amicably or based on restorative justice based on the following provisions:Prosecutor's Office Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Ju
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11

Mtunuse, PT, and T. Ncetezo. "Notes: Incompatibility in the Workplace as a Ground for Dismissal in South Africa: A Review of Cases." Industrial Law Journal 45, no. 1 (2024): 41–52. http://dx.doi.org/10.47348/ilj/v45/i1a3.

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Incompatibility occurs in a workplace when an employee does not work amicably with colleagues, fellow employees, and clients. However, in certain circumstances, incompatibility may occur due to the employer’s actions against employees. Incompatibility is not listed as a ground of fair dismissal in the Labour Relations Act (LRA) 66 of 1995, but arises from case law. Incompatibility is classified variously under incapacity, operational requirements, or misconduct. This note aims to investigate circumstances in which an employee may be dismissed for incompatibility at the workplace. A review of c
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12

Dolniak, Patrycja. "MEDIATION IN THE ITALIAN WAY." Roczniki Administracji i Prawa 2, no. XXIV (2024): 93–103. http://dx.doi.org/10.5604/01.3001.0054.6731.

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Italians were the first in the European Union to decide to introduce a mandatory attempt at resolving a dispute through mediation before the initiation of court proceedings. The reason for the changes was a disastrous situation of the justice system, which, in the face of an increasing number of cases brought to courts, turned out to be completely unwieldy. However, the first endeavours to change the mediation model were met with strong opposition, especially from advocates, and were ultimately contested by the Italian Constitutional Court. Yet, the deepening problem of the lengthiness of proc
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13

Momburi, Daudi. "Mandatory Reinsurance Cessions in Tanzania: Relevancy and Unprecedented Development of Legal Framework." Journal of African Law and Contemporary Legal Issues 2, no. 1 (2025): 30–42. https://doi.org/10.58548/2024jalcli21.3042.

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It is alleged that, immediately after independence, inadequate local reinsurance capacity has had an effect of fuelling the drains of foreign currency through payment of reinsurance premiums to foreign firms. In solving this problem, the government of Tanzania banned operations of foreign reinsurance brokers in 1974. However, this move was considered unsuitable, hence did not last longer. As such, in 1996, the insurance business was liberalised from state monopoly to allow participation of private insurance and reinsurance companies. As a result, the Tanzania National Reinsurance Corporation (
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14

Muller, EC, and CL Nel. "A critical analysis of the inefficacy of Court-Annexed Mediation (CAM) in South Africa – lessons from Nigeria." Journal for Juridical Science 46, no. 2 (2021): 25–54. http://dx.doi.org/10.18820/24150517/jjs46.i2.2.

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As a result of defects in the South African civil justice system, the Department of Justice and Constitutional Development introduced voluntary court-annexed mediation (CAM) in the magistrates’ courts in 2014. CAM was chosen under the broader need for greater access to justice because it has the potential to make dispute resolution efficient, amicable, and affordable. It can, therefore, contribute to access to justice for all members of society. Since the amendment of the Magistrates’ Court Rules to provide for CAM, the uptake of mediation in terms of the CAM system has unfortunately been inad
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15

Babawale, Gabriel Kayode. "Improving the Equity Component of the Lagos State Land Use Charge (2018) for Enhanced Property Tax Yields." Built Environment Journal 16, no. 2 (2019): 27. http://dx.doi.org/10.24191/bej.v16i2.9694.

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Property tax has remained a subject of recurrent debate amongst policy makers, scholars, public officials, real estate valuers, and other stakeholders, virtually everywhere over the years. The contention centres on issues such as the tax base, tax incidence, efficiency, and particularly, equity or fairness, among others. Qualities like ease of collection, difficulty of avoidance, accountability, and transparency etc., that ordinarily mark out property tax as a good tax in principle, are often compromised by controversial policies and mal-administration, particularly the latter. The new Lagos S
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16

Uzelac, Alan. "Principles of civil procedure under ELI-Unidroit rules: convergence through a uniform approach to procedural obligations?" Uniform Law Review, April 23, 2025. https://doi.org/10.1093/ulr/unaf017.

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Abstract Harmonizing civil procedure across different legal systems is a complex challenge. The European Law Institute (ELI) – International Institute for the Unification of Private Law (Unidroit) project, From Transnational Principles to European Rules of Civil Procedure, demonstrates that meaningful convergence is best achieved not through mandatory rules but through the voluntary adoption of well-designed procedural models. Genuine procedural convergence does not entail merely copying isolated legal rules but, rather, embracing a common procedural model rooted in a shared legal ideology. Th
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17

Uddin, Md Ala. "EFFECTIVE IMPLEMENTATION OF ADR IN THE CIVIL JUSTICE SYSTEM OF BANGLADESH: A CRITICAL ANALYSIS." Bangladesh Journal of Law, December 2022. http://dx.doi.org/10.58710/bjlv20n2y2022a05.

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Alternative Dispute Resolution (ADR) has long played a significant role in the legal system of Bangladesh, particularly in the Civil Justice System. Before 2012, there was no mandatory provision regarding the settlement of disputes through mediation in the Code of Civil Procedure, 1908 (CPC). Mediation was an optional process to conduct civil proceedings under the Code of Civil Procedure (Amendment) Act, 2003. Since 2012, mediation has been mandatory in all civil suits and appeals. The main objectives behind this were to reduce the backlog of civil suits, relieve the pressure on the subordinat
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18

Alhasan, Tariq K., and Ahmed M. Al‐Hawamdeh. "Multi‐tiered dispute resolution clauses in engineering contracts: A Jordanian legal perspective." Conflict Resolution Quarterly, August 29, 2023. http://dx.doi.org/10.1002/crq.21407.

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AbstractThis study delves into the intricacies of the multi‐tier dispute resolution clause in engineering contracts, particularly within the Jordanian legal system. The multi‐tier dispute resolution clause has evolved from a traditional arbitration clause into a more comprehensive approach, reflecting the complexities of modern contractual relationships. The study employs a doctrinal or library‐based methodology involving a comprehensive review of relevant legal texts, statutes, regulations, and case law. The multi‐tier dispute resolution clause is defined as a contractual clause that stipulat
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