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Journal articles on the topic 'Arbitration trial'

Author: Grafiati

Published: 3 June 2025

Last updated: 31 July 2025

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1

hyun, nakhee. "hearing in the court's arbitrator selection trial." Korea Association of the Law of Civil Procedure 27, no. 2 (2023): 329–69. http://dx.doi.org/10.30639/cp.2023.6.27.2.329.

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Could parties raise challenges to the existence or validity of the arbitration agreement in response to the application for judicial appointment of an arbitrator? It is an important and controversial issue and national authorities have taken different approaches. In 2020Gue633 case, according the Article 12 of the Korean Arbitration Act a party requested the court to appoint an arbitrator and the other party objected on the ground that she is not a party to the arbitration agreement. More specifically, she argued that she is not the carrier who issued the bill of lading, and therefore sh

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Saleh, Mohammad. "EVOLUTION OF DISPUTE RESOLUTION THROUGH ARBITRATION IN INDONESIA DURING COVID-19." Arena Hukum 16, no. 1 (2023): 128–46. http://dx.doi.org/10.21776/ub.arenahukum.2023.01601.7.

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Settlement of disputes in civil cases is not only resolved by the Court, but also through arbitration and alternative dispute resolution if the disputing parties agreed. The selection of this arbitration must be stated in the clause of the agreement which expressly chooses the arbitration. Civil cases that become the authority of this arbitration are only within the scope of the trade sector. The procedure for settlement through arbitration is different from the court, among others, the trial is closed and flexible, the decision is final and binding, the arbitrator is chosen by the parties and

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Leite, António Pinto. "Independência, Imparcialidade e Suspeição de Árbitro." Revista Brasileira de Arbitragem 7, Issue 25 (2010): 104–18. http://dx.doi.org/10.54648/rba2010006.

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ABSTRACT: The independence and impartiality of arbitrators is of the essence in the development of international trade arbitration. The fact that parties may appoint non-neutral arbitrators has given rise to negative reactions within the international arbitration community. However, there are some questions that need to be considered, namely: the non-neutrality of party-appointed arbitrators and the presiding arbitrator's role ensuring fair trial, tacit acceptance by one party of the non-neutrality of the arbitrator appointed by the other party and the motion of suspicion on the arbitrator wit

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4

Hrnčiříková, Miluše. "The Meaning of Soft Law in International Commercial Arbitration." International and Comparative Law Review 16, no. 1 (2016): 97–109. http://dx.doi.org/10.1515/iclr-2016-0007.

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Summary The growth in the amount of international arbitrations, the value of the disputes and expenses invested into the arbitral proceedings have escalated the pressure to succeed in dispute. The arbitrators face to guerrilla tactics or threats of annulment of arbitral awards based on the violation of a right to a due process. Soft law regulating the arbitral procedure endowers the effectives of the arbitration, however, in the recent years the critical voices can be heart which warn against overregulation and its judicialization. On the following pages the impact of the soft rules prescribin

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Gough, Mark D., and Alexander J. S. Colvin. "Decision-Maker and Context Effects in Employment Arbitration." ILR Review 73, no. 2 (2019): 479–97. http://dx.doi.org/10.1177/0019793919886578.

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Using a novel survey of 274 employment arbitrators, this study investigates how decision-maker characteristics and the context of the arbitration proceeding affect employee outcomes. The authors analyze the predictors of settlement before an arbitrator award and, if no settlement is reached, the likelihood that an employee will receive a favorable verdict after a full hearing. Findings show that pre-arbitration dispute resolution procedures, such as mediation, have significant effects on settlement behavior and employee outcomes. The characteristics of the presiding arbitrator as well as the s

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Tsuvina, Anna A., and Tetiana A. Tsuvina. "Rethinking Regulation Integrating Large Language Models in International Arbitration." Problems of Legality 2024: Special Issue (December 2, 2024): 212–25. https://doi.org/10.21564/2414-990X.166.315451.

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The article is devoted to the relevant from theoretical and practical points of view issue of using so-called Large Language Models (LLMs) in international arbitration as a type of general-purpose artificial intelligence (AI) aimed at speech recognition and selection of answers with the highest probability, such as ChatGPT, Bildi, Gemini, etc. The purpose of the article is to analyse the challenges arising from the use of LLMs in international arbitration and to develop recommendations for their proper and bona fide application. The article uses the following research methods: the dialectical

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Khudoikina, T., and A. A. Lavrushkina. "Institute of the arbitrary revenue in the updated format." Bulletin of Science and Practice, no. 6 (June 14, 2017): 286–89. https://doi.org/10.5281/zenodo.808839.

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The article considers the main changes that occurred in the regulatory legal regulation of arbitration in Russia in connection with the adoption of the Federal Law of December 29, 2015, No. 382-FZ. New requirements to the organisation of arbitration institutions are characterised. The features of the conceptual apparatus are revealed, some shortcomings are revealed in it. A brief overview of some of the changes that may be most significant for an alternative dispute resolution system is given.

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8

Višinskytė, Dalia, Remigijus Jokubauskas, and Mykolas Kirkutis. "Arbitration Agreements and Protection of the Right to a Fair Trial." Baltic Journal of Law & Politics 13, no. 2 (2020): 159–80. http://dx.doi.org/10.2478/bjlp-2020-0015.

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Abstract Arbitration is a dispute settlement mechanism based on an agreement of the parties. Party autonomy to conclude an arbitration agreement is well established and recognized by the UNCITRAL Model Law on Arbitration and various national laws. However, party autonomy to conclude an arbitration agreement raises certain challenges for protection of human rights. One of them is how an arbitration agreement is compatible with Article 6 of the European Convention on Human Rights, which establishes the right to a fair trial before the state court. Conclusion of an arbitration agreement means tha

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Ilyaz, Emine. "Scientific and Educational Review of Fast-Track Arbitration in the Context of Modern Practices." Strategies for Policy in Science and Education-Strategii na Obrazovatelnata i Nauchnata Politika 32, no. 4s (2024): 142–67. http://dx.doi.org/10.53656/str2024-4s-14-arb.

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The length of trials before a national court and their high costs are two of the main reasons for the emergence of arbitration. Arbitration facilitates shorter and cheaper trials and enables the trial to be conducted by experts according to the will of the parties involved. This is why arbitration is extremely important in settling commercial disputes that can last for a long time. However, over time, due to the growing interest in arbitration and the nature of the disputes brought before arbitration, the processes began to take longer with high costs. To overcome this difficulty, the concept

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10

Savić, Milan. "PONIŠTAJ ARBITRAŽNE ODLUKE DONETE OD STRANE AGENCIJE ZA MIRNO REŠAVANjE RADNIH SPOROVA." Glasnik prava XII, no. 2 (2021): 55–65. http://dx.doi.org/10.46793/gp.1202.055s.

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Word of the dispute is primarily associated with the intervention of the court. This is a traditional way of resolving labor disputes. The tendency in the world is to get as many of these disputes resolved peacefully, fast and fair manner at low cost. Avoiding court decision increases the chance of finding a favorable solution to the two opposing sides. The content of an arbitration agreement is of great importance to the parties in the arbitration proceedings. An arbitration agreement express the contractual freedom of the parties and list of facultative elements of an arbitration. Main benef

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Dimas Mahendrayana, I. Made Dwi. "MEKANISME PENYELESAIAN SENGKETA PELANGGARAN HAK CIPTA MELALUI ARBITRASE." Acta Comitas 5, no. 1 (2020): 161. http://dx.doi.org/10.24843/ac.2020.v05.i01.p14.

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A copyright violation occurs when someone makes an announcement or reproduction of a work without permission from the creator or copyright holder. If this happens, the creator or copyright holder can bring his dispute to be resolved through alternative dispute resolution or arbitration. However, the Law No. 28 of 2014 concerning Copyright does not regulate the mechanism for resolving copyright disputes through arbitration. The purpose of this study is to determine the mechanism for resolving disputes over copyright infringement through arbitration and the mechanism for canceling decisions on r

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12

Reams, Lester C. "Arbitration vs Litigation – Has the Business Mindset Used the Mandatory Arbitration Clause/Agreement to Compromise the Right to Trial to Resolve Business Disputes in the United States." Bulletin of Taras Shevchenko National University of Kyiv. Public Administration 11, no. 1 (2019): 23–35. http://dx.doi.org/10.17721/2616-9193.2019/11-3/7.

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Purpose. The purpose of the article is to reveal whether the business mindset has used the mandatory arbitration clauses/agreements to compromise the US consumer’s right to a trial to resolve business disputes in the United States. Methodology. The results of the study were obtained by the following methods: systematic and comparative methods – to determine the essence and peculiarities of historical business behavior, business ethics and mindset; time, cost and mindset factors in arbitration vs litigation from the businesses’ and consumers’ perspectives; analysis and synthesis methods – to re

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Габов, Андрей, Andrey Gabov, Ольга Беляева, and Olga Byelyayeva. "To the Issue on Contestation of an Arbitration Clause." Journal of Russian Law 3, no. 10 (2015): 0. http://dx.doi.org/10.12737/13257.

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Authors of article analyze algorithm of actions of the arbitration court in a situation when the respondent declares that didn&#180;t sign the contract which contains the arbitration clause. Authors formulate the conclusions on the basis of research of the basic principles of arbitration trial, and also lawsuits. Authors note that the main beginning of arbitration trial is free will of its parties, consider types of the arbitration agreements practiced in the Russian Federation, explain value of the principle of competence – competence and autonomy of the arbitration clause in activity of

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Yeon, seong joon. "Current status of apartment housing defect dispute resolution system and arbitration system." Wonkwang University Legal Research Institute 39, no. 1 (2023): 325–64. http://dx.doi.org/10.22397/wlri.2023.39.1.325.

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Repairs for defects occurring in apartment houses are directly related to the right of residents to live in a pleasant environment. In addition, since disputes over defects in apartment houses fall under disputes in the professional realm, it is more effective to use dispute resolution systems that replace litigation, such as mediation and arbitration, rather than resolving disputes through litigation. Currently, the Ministry of Land, Infrastructure and Transport's Defect Review and Dispute Mediation Committee is resolving disputes regarding defects in apartment complexes through the Defect Re

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15

St. Antoine, Theodore. "Mandatory Arbitration: Why It's Better Than It Looks." University of Michigan Journal of Law Reform, no. 41.4 (2008): 783. http://dx.doi.org/10.36646/mjlr.41.4.mandatory.

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"Mandatory arbitration" as used here means that employees must agree as a condition of employment to arbitrate all legal disputes with their employer, including statutory claims, rather than take them to court. The Supreme Court has upheld the validity of such agreements on the grounds that they merely provide for a change of forum and not a loss of substantive rights. Opponents contend this wrongfully deprives employees of the right to a jury trial and other statutory procedural benefits. Various empirical studies indicate, however, that employees similarly situated do about as well in arbitr

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KÖKSAL, Bahadır. "AN ASSESSMENT OF ORDINARY BANKRUPTCY PROCEEDINGS IN CASE OF AN ARBITRATION CLAUSE BASED ON THE JUDGEMENT OF THE GENERAL ASSEMBLY OF CIVIL CHAMBERS OF THE TURKISH SUPREME COURT." Ankara Hacı Bayram Veli Üniversitesi Hukuk Fakültesi Dergisi 26, no. 3 (2022): 0. http://dx.doi.org/10.34246/ahbvuhfd.1104200.

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Claims related to bankruptcy are considered as non-arbitrable since bankruptcy concerns public order. However, various opinions have been put forward in the doctrine and Supreme Court decisions regarding the removal of objection and bankruptcy case filed upon the objection to the ordinary bankruptcy proceeding, in the context of arbitrability. It has been stated that the removal of the objection and bankruptcy case consist of two stages. It has been claimed that the determination of the existence and the amount of claim require a separate trial and this trial should be proceeded before the arb

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Rossoshanskiy, A. A. "The Citizen Rights Equality as Members of the Corporate Relations in the Light of the Arbitration Process Reform." Izvestiya of Saratov University. Economics. Management. Law 11, no. 2 (2011): 108–11. http://dx.doi.org/10.18500/1994-2540-2011-11-2-108-111.

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The article discusses the theoretical and methodological issues of arbitration procedure. In the article notes the universalisation of arbitration procedure form and the widening of the participation. A lso the author focuses on the issues of equalit y of the participants of the corporate relations – individuals in the arbitration process. According to the author in order to uphold the constitutional principle of equality in the arbitration process there is a need to empower the citizen’s benefits in paying state taxes, as well as the possibility of using pre-trial procedure for the dispute re

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TÖYRÄÄNVUORI, Joanna. "Trial by Water through the Ages." STUDIA ANTIQUA ET ARCHAEOLOGICA 27, no. 2 (2021): 301–30. http://dx.doi.org/10.47743/saa-2021-27-2-5.

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The concept of trial by water or water ordeal is best known to the wider public through European witch trials from the Late Middle Ages and the Early Modern Period, but the practiced is first attested in near eastern texts from the Middle Bronze Age (2200–1550 BCE). The depiction of the medieval trials is largely folkloric, such trials were nonetheless known throughout the ancient world. The best evidence for ordeal by river is found in the letters from the clay tablet archives of Mari on the Upper Euphrates. A central site for divine arbitration among the Amorite kingdoms, the practice seems

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19

Eman Suherman, Ramdhani Wahyu Sururie, and Oyo Sunaryo. "Prosedur Penyelesaian Sengketa dalam Perbankan Syariah: Tinjauan Terhadap Kasus di Pengadilan Agama Tasikmalaya." Jurnal Nuansa : Publikasi Ilmu Manajemen dan Ekonomi Syariah 2, no. 1 (2024): 46–61. http://dx.doi.org/10.61132/nuansa.v2i1.657.

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Dispute resolution in sharia banking involves various methods, such as mediation, arbitration and court. Mediation is a voluntary process that allows the parties involved to reach an agreement with the help of a mediator. Arbitration is a method that results in a binding decision by a neutral arbitrator. Trial is a formal method that requires a longer process and higher costs, but produces binding decisions. Each method has advantages and disadvantages, and the choice of method must consider the characteristics of the dispute, the preferences of the parties involved, and compliance with sharia

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20

Sodipo, Bankole. "Dealing with Arbitrator Challenge, Nondisclosure and Allegations of Bias: A Review of the Lagos Court Ruling Setting Aside the ICC Global Gas V. Shell Award." Arbitration: The International Journal of Arbitration, Mediation and Dispute Management 86, Issue 4 (2020): 517–35. http://dx.doi.org/10.54648/amdm2020040.

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This case review debunks the view that Nigeria is not arbitrator friendly. It outlines party autonomy and the independence and impartiality of arbitrators. It analyses the court’s decision that an arbitrator whose appointment is challenged must recuse himself. It discusses misconduct in other areas of law in contrast with misconduct in arbitration. It considers whether non-disclosure of prior engagement as expert witness for or against one party, or the non-disclosure of membership of a professional/trade association constitute a misconduct. It considers whether the court took the proper appro

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FILCHENKO, D. G., and E. A. EVTUKHOVICH. "ON THE CONCEPT AND CONTENT OF “ANOTHER ORDER OF PRE-TRIAL SETTLEMENT OF DISPUTES, ESTABLISHED BY THE AGREEMENT”." Herald of Civil Procedure 11, no. 4 (2021): 282–98. http://dx.doi.org/10.24031/2226-0781-2021-11-4-282-298.

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The article analyzes the provisions of the arbitration procedural legislation and the practice of its application on a different pre-trial dispute settlement procedure established by the contract. A different pre-trial procedure is considered as an alternative to the general claim procedure for resolving disputes. The characteristic features of a different pre-trial order have been revealed. The authors summarized the practice of arbitration courts, highlighting other demanded pre-trial dispute settlement procedures. In particular, examples of atypical other methods of dispute settlement are p

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ERMAKOVA, Elena, and Olga PROTOPOPOVA. "Digital Arbitration Is a New Way of Dispute Resolution for the Unified Digital Space of the EAEU: Political, Philosophical and Legal Aspect." WISDOM 28, no. 4 (2023): 101–8. http://dx.doi.org/10.24234/wisdom.v28i4.1072.

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The article discusses the theoretical legal foundations of a new type of arbitration – digital arbitration (or blockchain arbitration). The author formulated the concept of digital arbitration and analyzed the differences between digital arbitration and traditional arbitration from the point of view of theories about the legal nature of arbitration. In particular, the author believes that the term digital arbitration (blockchain arbitration) is used in three meanings. Firstly, the term digital arbitration refers to a way to protect the rights arising from smart contracts. This method is consid

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Stothard, Paul. "The Right to a Fair Trial and The Arbitration Act 1996: Apparent Conflicts Leave the English Courts Unmoved." Business Law Review 29, Issue 1 (2008): 2–6. http://dx.doi.org/10.54648/bula2008001.

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Parties to commercial arbitration agreements may adopt procedures that apparently con.ict with the right to a fair trial provided for in Article 6 of the European Convention of Human Rights. This has led to a number of attempts by disgruntled parties to undermine either the arbitration agreement or, having lost the arbitration, the award itself on the basis of arguments regarding Article 6. The English courts have followed European jurisprudence that established that Article 6 is deemed a waiver of Article 6 rights, the leading case being Stretford v Football Association Ltd. Recent judgments

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Wiko, Garuda, and Fatma Muthia Kinanti. "Legality Aspect Of Conducting Documents Only Arbitration In Indonesia." Jambura Law Review 3, no. 2 (2021): 231–52. http://dx.doi.org/10.33756/jlr.v3i2.9914.

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Documents-Only Arbitration (DOA) is a type of arbitration that is carried out entirely by written documents-only. DOA is beneficial when the burden and substance of the dispute are relatively simple and when there are obstacles to conduct a face-to-face proceeding (instance in the Covid-19 Pandemic or limitation of cost). This study examined the DOA trial method and how it is based on Law No. 30 Year1999 concerning Arbitration and Alternative Dispute Resolution as the lex arbitri in Indonesia. Regulations, Rules, and Procedures from arbitration institutions, both national and international are

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UIMANOVA, VALERIA. "EXPERT PROCEDURE AS A TYPE OF ALTERNATIVE PRE-ARBITRATION PROCEDURE." LEGAL BULLETIN 1, no. 8 (2023): 143–52. https://doi.org/10.5281/zenodo.11189882.

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Cross-border proceedings of business entities have become an important part of the foreign economic activity of companies. In this regard, the parties, taking into account the nature of the relationship between them, the features of the concluded contract, construct an arbitration agreement in advance, which helps the parties to resolve the dispute. Business entities are increasingly turning to alternative dispute resolution procedures that meet such principles as speed, efficiency and cost minimization. One of the possible arbitration procedures is the procedure of expert trial. The main goal

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Valeev, Damir Khamitovich, Alexander Nikolaevich Shpagonov, and Timur Ravilevich Gizyatov. "On modern methods of resolving a dispute between entrepreneurs." Laplage em Revista 6, Extra-B (2020): 190–95. http://dx.doi.org/10.24115/s2446-622020206extra-b613190-195.

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The article discusses modern ways of resolving conflicts in the arbitration process, analyzes such types of conciliation procedures as mediation, judicial conciliation. The need for further implementation and development of these institutions in the arbitration process is noted. Pre-trial methods of dispute resolution are also considered. Special attention is paid to arbitration proceedings and the activities of ombudsmen for the protection of the rights of entrepreneurs as alternative ways of resolving conflicts in a particular area of entrepreneurship. 

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Valeev, Damir Khamitovich, Alexander Nikolaevich Shpagonov, and Timur Ravilevich Gizyatov. "On modern methods of resolving a dispute between entrepreneurs." Laplage em Revista 6, Extra-B (2020): 190–95. http://dx.doi.org/10.24115/s2446-622020206extra-b613p.190-195.

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The article discusses modern ways of resolving conflicts in the arbitration process, analyzes such types of conciliation procedures as mediation, judicial conciliation. The need for further implementation and development of these institutions in the arbitration process is noted. Pre-trial methods of dispute resolution are also considered. Special attention is paid to arbitration proceedings and the activities of ombudsmen for the protection of the rights of entrepreneurs as alternative ways of resolving conflicts in a particular area of entrepreneurship. 

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Bantekas, Ilias. "EQUAL TREATMENT OF PARTIES IN INTERNATIONAL COMMERCIAL ARBITRATION." International and Comparative Law Quarterly 69, no. 4 (2020): 991–1011. http://dx.doi.org/10.1017/s0020589320000287.

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AbstractAlthough fair trial guarantees have always been recognised as constituting an integral aspect of international arbitral proceedings, this has largely been viewed through the lens of civil procedure rather than as a matter of public law and human rights. This state of affairs has further been compounded by the confidential nature of arbitration and the relative scarcity of set aside (annulment) proceedings before the courts of the seat of arbitration on the grounds of unequal treatment, and before human rights bodies such as the European Court of Human Rights. Moreover, it has always be

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Wiko, Garuda. "KETIKA TERMOHON MENOLAK TERLIBAT DALAM PERSIDANGAN ARBITRASE." TANJUNGPURA LAW JOURNAL 3, no. 2 (2020): 126. http://dx.doi.org/10.26418/tlj.v3i2.37514.

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Although arbitration has been made based on the agreement of the parties and stated in writing in the Main Contract, this does not guarantee that the parties will immediately be willing to participate in the arbitration process when a dispute occurs. It is possible that one of the arbitration parties was absent and was not willing to be involved in the trial process. In very rare circumstances, the arbitration applicant may cancel / deny his participation in the trial process. This article will describe the regulations, practices and expert views in the implementation of the arbitration procee

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Egorov, A. "Freedom of choice in terms of arbitration trial." Gosudarstvo i pravo, no. 6 (June 2019): 107–12. http://dx.doi.org/10.31857/s013207690005266-4.

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Naumov, Viktor V. "The Use of Informational Instruments by an Attorney in the Course of Pre-Trial Preparation for Participation in a Commercial Dispute." Arbitrazh-civil procedure 1 (January 14, 2021): 14–18. http://dx.doi.org/10.18572/1812-383x-2021-1-14-18.

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This article expresses the results of a comprehensive scientific research. The following goals were achieved: 1) identification of the features of qualified legal assistance provided by a lawyer in the arbitration process; 2) analysis of the features of the interaction between arbitration proceedings and IT; 3) creation of an approximate algorithm for the use of information tools by an attorney in the process of preparing for arbitration proceedings; 4) recommendations on ensuring information security; 5) analysis of the possibilities of the information tools usage in arbitration processю. The

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Devkota, Sanad. "Viewpoint of the Supreme Court of Nepal on the Arbitration Process in the Light of Party Autonomy." Tribhuvan University Journal 35, no. 2 (2020): 47–58. http://dx.doi.org/10.3126/tuj.v35i2.36189.

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Arbitration is a contract-based form of binding dispute resolution. In other words, a party’s right to refer a dispute to arbitration depends on the existence of an agreement between them and the other parties to the dispute that the dispute may be referred to arbitration. Arbitration is a private process where disputing parties agree that one or several individuals can make a decision about the dispute after receiving evidence and hearing arguments. The arbitration process is similar to a trial in that the parties make opening statements and present evidence to the arbitrator. Conflicts have

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Nufaris Elisa. "The Resolution of International Trade Disputes through Arbitration." Britain International of Humanities and Social Sciences (BIoHS) Journal 2, no. 1 (2020): 296–301. http://dx.doi.org/10.33258/biohs.v2i1.191.

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If an international trade dispute occurs, so that the ways of resolution can be reached through non-litigation (alternative litigation) or Alternative Dispute Resolution (ADR). The facilities classified as ADR other than Arbitration facilities as contained in Article 6 of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution which includes facilities including Meditation facilities, Negotiation facilities, Consolidation facilities, and other facilities. Based on the Arbitration Law it provides an opportunity to resolve trade disputes through the Arbitration institution a

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Yeen, Jonathan Muk Chen. "The Sound of Silence An Analysis of the Incorporation of Arbitration Terms after Contract Formation R1 International Pte Ltd v Lonstroff AG [2015] 1 SLR 521." Asian International Arbitration Journal 11, Issue 1 (2015): 93–104. http://dx.doi.org/10.54648/aiaj2015004.

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R1 International Pte Ltd v Lonstroff AG [2015] 1 SLR 521 (‘R1 International’) is significant for it affirms the position that an arbitration clause may be incorporated into a contract subsequent to its formation if there was a prior understanding to that effect. In its decision, the Court of Appeal overruled the decision of the trial judge and held that an arbitration clause stating that arbitration is to be held in Singapore was incorporated subsequent to the formation of the contract. An analysis of the case is worthwhile, since the court’s view was that the arbitration term was incorporated

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Mamasharifovich, Bahodir Hamroqulov. "Pre-trial resolution of individual labor disputes." American Journal Of Social Sciences And Humanity Research 5, no. 3 (2025): 5–9. https://doi.org/10.37547/ajsshr/volume05issue03-02.

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Pre-trial resolution of individual labor disputes encompasses mechanisms designed to address conflicts between employees and employers before escalating to formal litigation. These mechanisms often include negotiation, mediation, labor dispute commissions and arbitration, aiming to provide efficient, cost-effective, and amicable solutions. Early intervention not only preserves workplace relationships but also reduces the burden on judicial systems. For instance, the International Labour Organization highlights various national approaches to pre-trial dispute resolution, emphasizing the role of

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Dewi Ratrika Rinupa Sejati. "Penyelesaian Sengketa Wanprestasi Secara Alternatif Melewati Badan Arbitrase Nasional Indonesia (BANI)." Indonesian Journal of Law and Justice 1, no. 3 (2023): 12. http://dx.doi.org/10.47134/ijlj.v1i3.2074.

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Peaceful resolution of disputes is the main goal in the modern legal system. One form of peaceful resolution, namely arbitration, is recognized as an effective way to resolve disputes firmly and bindingly. Arbitration is part of Alternative Dispute Resolution (ADR), which includes various methods of resolution outside of court or litigation. In the context of resolving default disputes, the Indonesian National Arbitration Board (BANI) is an efficient option. This research aims to analyze the role and benefits of arbitration in handling default disputes, especially those related to BANI. The re

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Dewi Ratrika Rinupa Sejati. "Penyelesaian Sengketa Wanprestasi Secara Alternatif Melewati Badan Arbitrase Nasional Indonesia (BANI)." Journal of Contemporary Law Studies 2, no. 1 (2024): 19–29. http://dx.doi.org/10.47134/lawstudies.v2i1.2050.

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Peaceful resolution of disputes is the main goal in the modern legal system. One form of peaceful resolution, namely arbitration, is recognized as an effective way to resolve disputes firmly and bindingly. Arbitration is part of Alternative Dispute Resolution (ADR), which includes various methods of resolution outside of court or litigation. In the context of resolving default disputes, the Indonesian National Arbitration Board (BANI) is an efficient option. This research aims to analyze the role and benefits of arbitration in handling default disputes, especially those related to BANI. The re

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Nazaruk, Piotr. "- Nature of the Evidence Procedure Before the Arbitration Court." PRAWO i WIĘŹ, no. 4 (42) (January 25, 2023): 180–95. https://doi.org/10.36128/priw.vi42.531.

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The author characterizes the specificity of the evidence proceeding before the arbitration court, which manifests itself primarily in the distinctness of the evidence proceeding regulated in k.p.c. and the autonomy of the parties’ will to the arbitration in terms of shaping the rules of evidentiary proceeding. The author broadly discusses the issues of arbitration contracts and evidence contracts in the context of the principle of contract freedom and the issues of witness testimonies. The interpretation was made with Art. 1184 k.p.c. according to which: unless a provision of the Act provides

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Kotviakovskyi, Yu O. "CERTAIN ASPECTS OF COMMENCING APPELLATE PROCEEDINGS AGAINST THE DECISIONS OF ARBITRATION COURTS AND PREPARING THEM FOR TRIAL." Actual problems of native jurisprudence, no. 05 (December 5, 2019): 34–38. http://dx.doi.org/10.15421/391952.

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On the basis of the analysis of the rules of the Code of Civil Procedure of Ukraine governing proceedings on appeals against decisions of arbitration courts, and taking into account scholars’ points of view on this issue, the article investigates the procedure for commencing proceedings in cases of the relevant category and preparing them for judicial review. The author argues that it is advisable to consider commencement of appellate proceedings against the decisions of arbitration courts as a separate stage of civil proceedings that has a specific procedural purpose, structure and deadlines

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Vatamanyuk, V. O. "The Procedure for Concluding a Settlement Agreement in Civil Litigation." Courier of Kutafin Moscow State Law University (MSAL)), no. 12 (March 17, 2022): 184–92. http://dx.doi.org/10.17803/2311-5998.2021.88.12.184-192.

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In article explores the procedure for concluding a settlement agreement in civil proceedings. It is shown that in accordance with the current civil procedure legislation, the issue of approving a settlement agreement is considered at a court hearing with the mandatory participation of all interested parties. The paper critically evaluates the exception to this rule, expressed in the possibility of sending an application for approval of a settlement agreement in the absence of interested parties (Part 3 of Article 153.10 of the Civil Procedure Code of the Russian Federation, Part 3 of Article 1

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Abed, Ammar. "The Role of Arbitration and Mediation in Resolving International Trade Disputes." Utu Journal of Legal Studies (UJLS) 1, no. 1 (2024): 10–17. https://doi.org/10.57238/ujls.4cq6r976.

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The mechanism of using arbitration and mediation in the settlement of international trade disputes. They give information on arbitration and mediation, the rules of enforcing them in the international level, and the efficiency of the mechanisms above the procedure of litigation. It deals with the international aspect and does not explore the specifics of national legislation regarding arbitration and mediation arrangements. It also introduces modern changes adding to the efficiency and applicability of arbitration and mediation in the sphere of inter entrepreneurships trade. For example, the n

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Băieșu, Aurel. "Principles and rules applicable in the international arbitration: aspects of comparative law." InterConf, no. 47(209) (July 19, 2024): 196–209. http://dx.doi.org/10.51582/interconf.19-20.07.2024.018.

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This article analyses various categories of rules applicable in international commercial arbitration through the prism of international regulations and comparative law. These are the principles that guide both the procedure in state courts and in the alternative procedure, which is arbitration, and which ensure the respect of the universally recognized right to a fair trial. Also, there are the technical rules of procedure that the arbitrators must follow in the settlement of the dispute, starting with the establishment of the arbitral tribunal and up to the pronouncement of the arbitral award

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P. Perbawa, Kt Lanang Sukawati. "Pelaksanaan Proses Arbitrase Online di Indonesia." Jurnal Magister Hukum Udayana (Udayana Master Law Journal) 11, no. 4 (2022): 871. http://dx.doi.org/10.24843/jmhu.2022.v11.i04.p11.

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The purpose of this paper was to analyze, identify and elaborate on the limitations and principles in determining the choice of law used in the dispute resolution process in arbitration and the online arbitration dispute resolution mechanism based on the laws and regulations in Indonesia. This research was normative research using a statutory approach, a conceptual approach and an analytical approach. The results of the study indicated that the selection of the applicable law in the agreement and the choice of forum must be made by the parties in good faith by seeing the real connection betwee

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Simanjaya, Ary. "INDONESIA'S GOOD FAITH PRINCIPLES IN INTERNATIONAL ARBITRATION AND GOOD GOVERNANCE IN NATIONAL INVESTMENT." Jurnal Impresi Indonesia 4, no. 6 (2025): 1867–79. https://doi.org/10.58344/jii.v4i6.6527.

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Republic of Indonesia as a country open for investor who want to invest, this shown through Indonesia's willingness to bound by Bilateral Investment Treaty (BIT) with related countries and agreements require investment in Indonesia. Indonesian Government act towards the presence foreign investors is intended, so there's no discrimination against domestic investor through investment law, other law related to investor business, and agreements between countries as basis investment in Indonesia. Behind of Indonesia's welcoming and openness to foreign investment, Republic of Indonesia has faced the

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Lytvynchuk, O. "Arbitration courts in the justice reform context: constitutional and legal aspect." Uzhhorod National University Herald. Series: Law 1, no. 85 (2024): 209–13. http://dx.doi.org/10.24144/2307-3322.2024.85.1.28.

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The article deals with the issue of arbitration courts in the context of justice reform in Ukraine, particularly in the context of European integration requirements. It is noted that Ukraine has applied for membership in the European Union, which necessitates reforms in the sphere of justice. It is noted that the constitutional and legal aspect of arbitration courts’ activity’s regulating is the key one, since it is through the prism of the constitutional principles of justice, the rule of law and ensuring human rights that alternative justice mechanisms should be considered. It is found out t

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Sidik, Jafar. "The Implementation of Parties Autonomy and Authority of Bani Region of Business Disputes Resolution." BANI Arbitration and Law Journal 1, no. 1 (2024): 15–25. https://doi.org/10.63400/balj.v1i1.2.

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Badan Arbitrase Nasional Indonesia so called BANI Arbitration Center (“BAC”) is an independent institution that provides services in settling disputes outside the state court. BANI is domiciled in Jakarta and there are BANI Region located in various big cities in Indonesia: Bandung, Surabaya, Medan, Denpasar, Palembang, Pontianak, and Jambi, acting autonomously and independently in upholding law and justice. The parties still have disagreements on where to take themselves if there is a dispute between them. Dispute settlement through BANI has become the choice of business actors to resolve the

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Alekseeva, N. V., and L. N. Pavlova. "Optimization of Preparation of Civil Case for Trial." Rossijskoe pravosudie 2 (January 29, 2020): 24–31. http://dx.doi.org/10.37399/issn2072-909x.2020.2.24-31.

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The article is devoted to the issue of increasing the efficiency and achieving the real practical significance of the stage of preparation of a civil case for trial in civil and arbitration proceedings. The authors draw conclusions about the need for widespread use at this stage of the obligation as a means of legal regulation and more stringent structuring and regulation of training. Practical recommendations for improving procedural legislation in terms of regulation of this stage are offered.

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Andrews, Neil. "Affordable and Accurate Civil Justice Challenges Facing the English and Other Modern Systems." European Business Law Review 25, Issue 4 (2014): 545–63. http://dx.doi.org/10.54648/eulr2014025.

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Modern legal systems, including the English, emphasise the need to promote mediation, uphold arbitration (which bypasses the courts), and achieve settlements. These are regarded as preferable to lengthy court proceedings culminating in trial. In England the Jackson reforms of April 2013 aim to control costs and stream-line proceedings. However, it is here argued that the challenges of promoting affordability and accessibility must not be permitted to undermine accuracy and that public adjudication in the courts of civil claims, including clarification of points of law, remain important for the

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Mikhaylova, Ekaterina V. "Judicial Power in the System of Protection of Private and Public Rights in the Implementation of Anti-Crisis Measures." Russian judge 1 (January 11, 2024): 43–47. http://dx.doi.org/10.18572/1812-3791-2024-1-43-47.

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The ways of improving the civil procedural and arbitration procedural legislation in order to improve the anti-crisis measures taken by the state are considered. It is proposed to exclude the possibility of both extrajudicial and judicial reconciliation of the parties to public law conflicts. It is shown that the mandatory pre-trial (claim) procedure for the settlement of civil disputes needs regulatory regulation and the consolidation of clear criteria for determining the proper fulfillment of the obligation to resolve the dispute. It is recommended to fix the presence of a notarized mediatio

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Kniazev, D. V., and A. N. Kukartseva. "Mandatory Pre-trial Procedure for the Settlement of Disputes in Civil Procedure (Analysis of the Application of Part 5 of Article 4 of the Arbitration Procedure Code of the Russian Federation)." Rossijskoe pravosudie 3 (February 26, 2021): 35–47. http://dx.doi.org/10.37399/issn2072-909x.2021.3.35-47.

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The provisions of the arbitration procedural legislation on the pre-trial procedure for the settlement of the dispute are additional requirements to the filing to the court in comparison with civil procedural legislation. According to the legislator, on the one hand, these requirements encourage the independence of commercial organizations and individual entrepreneurs in the settlement of economic disputes, on the other hand, indicate the desire of the legislator to reduce the number of arbitration disputes and increase the effectiveness of justice. About three years have passed since the appe

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