Relevant bibliographies by topics / Board of Conciliation and Arbitration

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Board of Conciliation and Arbitration'

Author: Grafiati
Published: 4 June 2021
Last updated: 13 February 2022

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Journal articles on the topic "Board of Conciliation and Arbitration"

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Rahman, Arif. "Penyelesaian Sengketa Konsumen melalui Badan Penyelesaian Sengketa Konsumen (BPSK) Kota Serang." Ajudikasi : Jurnal Ilmu Hukum 2, no. 1 (July 20, 2018): 21. http://dx.doi.org/10.30656/ajudikasi.v2i1.573.

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Consumer Dispute Settlement Board (BPSK) , as mentioned in the Rules No. 8 Years 1999 about Consumer Protection (UUPK) which is formed by the government, is the institution that responsible for holding and resolving disputes between consumers and businesses. The basic concept of the establishment of this institution is to handle the disputes between consumers and businesses. BPSK formation is intended to overcome the vagaries of litigation that tends to have long, formal and convoluted process with the alternative dispute resolution outside the court that is based on the principle of fast, simple and low cost. This research was conducted on Consumer Dispute Settlement Board (BPSK) Kota Serang by using normative juridical approach. The author conducted a review of literature regarding consumer protection law and the settlement of consumer disputes according to consumer protection codes which were collected and classified by the record in detail, systematic and focused on literature. Furthermore, the author conducted a descriptive analysis of data, in order to obtain a complete overview of the issues regarding the settlement of consumer disputes at BPSK Kota Serang.The Results of this research conducted by the author suggest a role of BPSK Serang in solving consumer disputes according to the Law No. 8 of 1999 on Consumer Protection can be resolved in three ways, which are conciliation, mediation and arbitration on the basis of selection and consent of the parties to the dispute. Verdict forms of conciliation methods and mediation are final and binding, without having to request fiat execution to the local court, while the form of the decision taken by arbitration method has to be requested fiat execution to the local Court for the arbitration award to have the executorial power. Additionally, arbitration decision of BPSK council also still has opportunities for the objection to the District Court, counted before passing 14 (fourteen) days after the arbitration decision was notified to the parties , for the party who did not accept the decision of the BPSK’s council.
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Manda, Trishula, Shruti Samant, Kartik Pendhe, Rohan Naphade, Harshit Gupta, and Smitha Yadav. "CLAIMS AND SETTLEMENT IN ROAD PROJECT." Journal of Civil Engineering, Science and Technology 10, no. 1 (April 25, 2019): 1–11. http://dx.doi.org/10.33736/jcest.1430.2019.

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Claims are becoming inevitable and unavoidable in modern projects involving new technology, specifications, and complexities. There are many reasons for claims, for instance time extension, machinery change, material deviation, manpower, price escalation, accidents on site, changes in design, etc., which result into disputes. Confusion also exists in adoption of dispute resolution techniques, such as arbitration, conciliation, mediation, dispute resolution board, etc. In this paper, various factors responsible for claims and dispute in road projects and their intensity have been identified. The results are implied through a survey of clients, contractors, and consultants involved in road projects. The work focuses on the predominant causes of dispute and the methodology adopted by stake holders for settlement of the same.
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Andras, Andy. "Collective Bargaining by Civil Servants." Relations industrielles 13, no. 1 (February 12, 2014): 41–53. http://dx.doi.org/10.7202/1022464ar.

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Summary In this article, the Author describes organization as a fundamental fact of life and the right of association as a civil liberty and a basic need for civil servants. Should these remain suppliant, or become truly demanding? Collective bargaining brings about important changes in the relationship between the parties which are all to the good. The Author examines various alternatives (strike, arbitration, conciliation, fact-finding boards) for dispute settlement, describes the scope of bargaining and the problems of representation of the civil servants, paving the way toward "a sounder relationship" between them and the government.
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SUAREZ-POTTS, WILLIAM J. "The Mexican Supreme Court and the Juntas de Conciliación y Arbitraje, 1917–1924: The Judicialisation of Labour Relations after the Revolution." Journal of Latin American Studies 41, no. 4 (November 2009): 723–55. http://dx.doi.org/10.1017/s0022216x09990575.

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AbstractThis article reviews Mexican Supreme Court decisions concerning the legal status of juntas de conciliación y arbitraje (state labour boards of conciliation and arbitration) between 1917 and 1924. During this period the Court played an important role in legitimising these administrative boards, which have since become a constituent part of Mexico's state–labour regime. This examination of the Court's decisions shows how judge-made law contributed to the evolution of industrial relations in the country in the early 1920s. Furthermore, the article's discussion of the connection between the Court's evolving case law and its changing membership in this period indicates how its legal decisions were sensitive to political changes. This presents an early instance of the more recent trend toward the judicialisation of politics in Latin America.
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Jamal, Arif A. "Religious Authority and Constitutional Order: A case study of the Conciliation and Arbitration Boards (CABs) of the Shia Imami Ismaili Community." Journal of Law, Religion and State 2, no. 3 (2013): 235–49. http://dx.doi.org/10.1163/22124810-00203001.

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This paper discusses the interpretation of the Constitution of the Shia Imami Ismailis via the constitutionally established institutions of the Conciliation and Arbitration Boards (CABs). It views the Constitution as a variety of non-scriptural “religious text” and discusses the social and historical context of the community, the Constitution and the CABs. The paper argues that the structure and operation of the CABs are designed to balance diverse local and contextual factors within the tradition and doctrine of singular Imamat authority and that, in so doing, the interpretational system of the CABs demonstrates how religious texts may be understood in ways that accommodate plurality and community engagement while still preserving hierarchy and authority.
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Jamal, Arif A. "Models of Pluralistic Discourse: a Consideration of the Ismaili Muslim Conciliation and Arbitration Boards in Kenya." Yearbook of Islamic and Middle Eastern Law Online 8, no. 1 (January 1, 2001): 86–97. http://dx.doi.org/10.1163/221129802x00076.

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Gilson, Clive H. J., and Terry Wagar. "The U.S./Canada Convergence Thesis: Contrary Evidence from Nova Scotia." Articles 50, no. 1 (April 12, 2005): 66–84. http://dx.doi.org/10.7202/050992ar.

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The impact of P.C. 1003 on labour relations legislation in the various Canadian provinces can be both overestimated and underestimated. Many other elements and factors came together to produce a Canadian System of industrial relations in 1944. P.C. 1003 was both a result and a beginning. The American Wagner Act of 1935 and the pressure exerted in Canada by union leaders to obtain similar legislation in this country were two major factors. Some provincial legislations had established Systems of conciliation, through the federal and/or provincial Departments of Labour. A few previous laws prepared the way for P.C. 1003. The Quebec Trade Disputes Act of 1901 introduced mediation, conciliation and arbitration. Although the services were offered on a voluntary basis to interested parties, a certain number did use them, and that very fact contributed to the view that state intervention was normal. The federal legislation adopted in the first decade of the century had a similar impact, at least until its constitutionality was successfully attacked in 1925. After the Snider case, all Canadian provinces but one moved to "provincialize" the effect of the Industrial Disputes Investigation Act by adopting similar legislation. The 1937 Industrial Conciliation and Arbitration Act of British Columbia provoked much interest; and the 1943 Ontario Collective Bargaining Act was an important experimental prelude to P.C. 1003. The provisions of these acts were in most cases voluntary, but their application, whether mandatory or voluntary, helped to foster the belief that government intervention in labour disputes was normal, if not desirable. The first federal-provincial conference held on the subject in 1943 also helped to pave the way to the acceptance of the main elements of P.C. 1003. Because of the war situation and the urgency of keeping conflicts from becoming too disruptive, steps that could not have been taken in other circumstances became acceptable at that time. Thus the administrative machinery for certification and conciliation services was put in place. The "cost-plus" system of granting government contracts played a major role. Because P.C. 1003 was mandatory for all war industries, it applied to most of the unionized industries. The rest of the economy was covered by provincial laws, many of them simply extending P.C. 1003 provisions to labour disputes in provincial jurisdiction. These provisions were continued after the war under the National Emergency Transitional Powers Act. By 1948, all of the provinces had adopted a Labour Relations Act, under that name or another, containing the major features of P.C. 1003 and of the 1948 federal Industrial Relations and Disputes Investigation Act. In a sense, P.C. 1003 owed a lot to previous provincial laws, but subsequent legislation also owes a lot to P.C. 1003, especially with regard to the technical aspects of certification and the creation of labour boards.
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Brown, M., and R. Ferris. "The Industrial Relations Commission of Victoria: A Decade of Change." Journal of Industrial Relations 31, no. 3 (September 1989): 291–309. http://dx.doi.org/10.1177/002218568903100301.

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The Industrial Relations Commission of Victoria and its Conciliation and Arbitration Boards were established by the Industrial Relations Act 1979. The Act introduced some fundamental structural and procedural changes into the Victorian system, though the traditional emphasis on an informal and participatory approach to industrial regulation, which had made the system so distinctive, was preserved. Since 1979 many amendments to the Act and procedural changes to this system of industrial relations have been made. A number of the changes to the system may be characterized as cosmetic, as they do not affect the informal approach of the system. Others, however, are more intrinsic to the system, altering the structures, powers and operations of the tribunal. This paper examines the circumstances under which change has occurred, and it is argued that, in overcoming operational and jurisdictional problems, the changes of the last ten years have introduced a degree of formality into the Victorian Commission.
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Serrano, Delfina. "Bringing arbitration (taḥkīm) and conciliation (." Revue des mondes musulmans et de la Méditerranée, no. 140 (December 30, 2016): 14073–100. http://dx.doi.org/10.4000/remmm.9623.

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Cooke, Robin. "Party Autonomy." Victoria University of Wellington Law Review 30, no. 1 (June 1, 1999): 257. http://dx.doi.org/10.26686/vuwlr.v30i1.6022.

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This is an augmented version of a paper delivered at the International Centre for Alternative Dispute Resolution, New Delhi, in December 1998. Party autonomy describes the principle whereby the parties to a dispute have full autonomy when making their arbitration agreement. The author discusses the Arbitration and Conciliation Act 1996 of the Parliament of India, focusing on the principle of party autonomy. He describes his formative experiences to arbitration in cases like Wellington City v National Bank of New Zealand Properties Ltd, the Arbitration and Conciliation Act itself, Indian case law before the Arbitration and Conciliation Act, and a brief look at New Zealand's Arbitration Act 1996.
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Dissertations / Theses on the topic "Board of Conciliation and Arbitration"

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Hurtado, Falvy Juan Manuel. "From the Decision Conciliation to the Dispute Resolution Board: Notes in relation to the Dispute Resolution Board as a New Method of Conflict Resolution for a Formalized Work Contract Under the scope of the New Public Procurement Law." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/117996.

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The new Public Procurement Law introduces the Dispute Boards as a new settlement ofdisputes and contestations during the contractual execution of the work phase. The present article works, in the first place, the framework of public procurement and the controversies that are originated in the matter. Then, it will expose the development of the Dispute Boards in other countried and their characteristics. Finally, it concludes identifying the type of Dispute Boards that is being adopted in Peruvian law, showing his vantages and disadvantages.
La nueva Ley de Contrataciones del Estado, Ley N° 30225, incorpora la Junta de Resolución de Disputas, como un nuevo mecanismo de resolución de conflictos durante la fase de ejecución contractual de obras.En el artículo se desarrolla, en primer lugar, el marco de las contrataciones del Estado y las controversias que se originan en el mismo. Posteriormente, se expone el desarrollo de los Dispute Boards internacionalmente y sus características, y se concluye identificando el tipo de Dispute Boards adoptado en la legislación peruana, exponiendo sus fortalezas y debilidades.
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Snyman, Chanel. "Determining jurisdiction at conciliation and arbitration." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/20648.

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Jurisdiction is the power or competence of a Court to hear and determine an issue between parties, as well as the power to compel the parties to give effect to a judgment. The approach of a CCMA commissioner faced with a jurisdictional challenge is therefore an important issue that requires legal certainty. Unfortunately, our case law has not been uniform with regard to the various issues surrounding jurisdiction of the CCMA, for example: what facts need to be established in order for the CCMA to have jurisdiction and at what stage of the process should a commissioner deal with the issue of jurisdiction. The purpose of this treatise is to consider the various approaches of our courts to the issue of the jurisdiction of the CCMA and to determine what approach is practically best suited for CCMA commissioners when the issue of jurisdiction is in dispute. The research methodology is based on the various approaches of our courts to the jurisdiction of the CCMA as set out in Bombardier Transportation v Mtiya [2010] 8 BLLR 840 (LC). The more practical “third” approach as proposed by van Niekerk J, in Bombardier Transportation v Mtiya [2010] 8 BLLR 840 (LC), has been favoured by the Labour Court and the CCMA following the judgment. The correct approach of a commissioner when dealing with specific jurisdictional facts such as condonation and the jurisdiction of a bargaining council will further be considered. However, the predicament that commissioners face is that the Labour Appeal Court’s approach to jurisdiction is in conflict with that of the Labour Court’s approach. In conclusion, it is submitted that the Labour Appeal Court must pronounce on the issue of jurisdiction, taking into consideration the approach of the Labour Court as to create certainty regarding the correct approach of a commissioner when faced with a jurisdictional challenge.
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Noko, Mokate Victor. "Legal representation at the commission for conciliation mediation and arbitration." Diss., University of Pretoria, 2017. http://hdl.handle.net/2263/65705.

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The right to legal representation at the Commission for Conciliation, Mediation and Arbitration was initially not recognized in South Africa as it was not recognized by the Roman Dutch Law in respect of administrative tribunals. This right was gradually introduced into administrative tribunals although exercisable only with the consent of all parties. The position was subsequently modified and the right can now only be exercised subject to the discretion of the arbitrator although that right is not automatically available to misconduct and incapacity hearings. The question became whether the limitation in the exercise of the right is justifiable more particularly since the dawn of the new constitution in South Africa. There are two cases which were decided by the Supreme Court of Appeal where it was stated that the limitation is not unconstitutional. Both cases were referred to the Constitutional Court which could not make an unequivocal pronouncement on this issue. With this background this mini-dissertation seeks to examine whether the Constitutional Court is likely to decide consistently with the Supreme Court of Appeal or would find in favour of the disputants claiming that the limitation is unconstitutional. The mini-dissertation will in addition present a comparative survey from different jurisdictions on the right to legal representation, challenges faced by the dispute resolution institutions and possible solutions.
Mini Dissertation (LLM)--University of Pretoria, 2017.
Mercantile Law
LLM
Unrestricted
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Maluleke, Nkhensani Millicent. "Review of CCMA arbitration awards." Thesis, University of Limpopo (Turfloop Campus), 2011. http://hdl.handle.net/10386/523.

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Ndimurwimo, Leah Alexis. "An evaluation of the dispute resolution mechanisms of conciliation and arbitration." Thesis, Nelson Mandela Metropolitan University, 2008. http://hdl.handle.net/10948/753.

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South African labour laws have undergone tremendous amendments before and after independence. This paper focuses on the development after independence, therefore section 34 of the Constitution of 1996, provisions of the Labour Relations Act of 1995 and other laws which deal with labour matters and regulate the labour relations and disputes in the country will be considered. The labour laws in South Africa provide inter alia for the dispute resolution mechanisms, the manner on which disputes should be handled by different organs which are empowered to do so. My focus will be to see how alternative disputes resolution processes of conciliation and arbitration in the Eastern Cape Province aim to transform the South African and global labour market by promoting an integrated simple, quick but efficient and inexpensive dispute settlement services in order to reduce the back log of cases, maintain labour peace, promote democracy at workplace with the view of advancing economic and social justice.
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Young, Kirsty Leigh. "Justifiability as grounds for the review of labour arbitration proceedings." Thesis, Rhodes University, 2004. http://hdl.handle.net/10962/d1003070.

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This thesis focuses on the review of labour arbitration awards given under the auspices of the following bodies: the Commission for Conciliation, Mediation and Arbitration ("CCMA"), bargaining councils, statutory councils, accredited private agencies and private arbitration tribunals. The general grounds of review applicable to the arbitration awards of each body are set out. Against this background, the case of Carephone (Pty) Ltd v Marcus NO & Others (1998) 19 ILJ 1425 (LAC) is analysed and the principles pertaining to the justifiability test are clarified. The judicial rationale for the application of the test to CCMA arbitration proceedings and criticisms of the test are then examined. Currently the justifiability test applies in the review of CCMA proceedings only, so the judicial reasoning for the rejection of justifiability as a ground for private arbitration review is examined. Three approaches are suggested for the application of the justifiability test in private arbitration review. First it is proposed that the Arbitration Act could be interpreted to include the justifiability test under the statutory review grounds. Failing the acceptance of this approach, the second submission is that arbitration agreements could be interpreted to include an implied term that the arbitrator is under a duty to give justifiable awards. A third suggestion is that the law should be developed by attaching an ex lege term to all arbitration agreements requiring arbitrators to give justifiable awards. In the final chapter, the requirement of justifiability in awards given under the auspices of collective bargaining agents and accredited private agencies highlights the incongruity in applying the justifiability test in CCMA arbitration review and in rejecting this test in private arbitration review.
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Burrill, David Michael. "Third party intervention in industrial disputes : an empirical study of the processes and effectiveness of ACAS conciliation in British collective bargaining." Thesis, University of Bradford, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.235614.

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Concannon, H. M. G. "The practice of voluntary arbitration in British industrial relations : A study focused on the method of single arbitration organised by the Advisory Conciliation Service." Thesis, University of Salford, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.372134.

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Kirunda, Solomon Wilson. "Slithering towards uniformity: the international commercial arbitration and conciliation working group of UNCITRAL as a key player in the strengthening and liberalisation of international trade." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_2438_1254403625.

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The objective of this study was to examine and review the main features and works of the arbitration and conciliation working group of UNCITRAL while demonstrating their impact on international trade.

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Bourne, Glen Steve. "The arbitration review board: an analysis of its development and impact on the arbitration process in the coal industry." Diss., Virginia Polytechnic Institute and State University, 1987. http://hdl.handle.net/10919/74758.

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The Arbitration Review Board existed in the bituminous coal industry from 1974 to 1981. Established during the 1974 contract negotiations between the Bituminous Coal Operators Association and the United Mine Workers of America, the ARB represented an effort to obtain consistency in arbitration decisions. The ARB operated as an industry appellate board designed to hear appeals of arbitration awards, and the decisions of the ARB were contractually mandated as industry precedents requiring arbitrator compliance. Although the parties terminated the ARB in 1981, they have continued to incorporate the precedent decisions in subsequent contracts. This study utilizes both a qualitative assessment and an empirical analysis of arbitration decisions to determine the impact of the ARB on the arbitration process in the coal industry. Structured interviews were conducted with former ARB members, arbitrators, management representatives, and union representatives to gather information with which to construct a complete historical perspective of the ARB's inception, operation, and termination. A total of 44 individuals were interviewed. The empirical assessment involved a content analysis of 300 arbitration decisions to determine the extent to which arbitrators have adhered to the ARB precedents. Conclusions of the research suggest that the ARB has had a profound impact on coal industry arbitration. Arbitrators increasingly adhered to ARB decisions during its existence, and have continued to exhibit a high degree of adherence following the ARB's termination. The difficulties encountered in implementing the ARB and the factors contributing to its termination are discussed.
Ph. D.
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Books on the topic "Board of Conciliation and Arbitration"

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Law relating to arbitration & conciliation. 7th ed. New Delhi: LexisNexis Butterworths Wadhwa Nagpur, 2009.

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Chowdhury, Salil K. Roy. Law of arbitration and conciliation. 4th ed. Calcutta: Eastern Law House, 1996.

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Telford, Megan Elizabeth. Med-arb: A viable dispute resolution alternative. Kingston, Ont: IRC Press, 2000.

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Malhotra, O. P. The law and practice of arbitration and conciliation: The Arbitration and Conciliation Act, 1996. 2nd ed. New Delhi: LexisNexis Butterworths, 2006.

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Basu, N. D. Basu's law of arbitration and conciliation. 9th ed. New Delhi: Orient Pub. Co., 1998.

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Commerce, International Chamber of. ICC rules of conciliation and arbitration. Paris: ICC Pub. S.A., 1988.

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Advisory, Conciliation and Arbitration Service. Motivation: Advisory, Conciliation and Arbitration Service. London: ACAS, 1995.

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Conciliation and adjudication today. Pune: Times Research Foundation, 1985.

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Law of arbitration & conciliation: Practice and procedure. 2nd ed. Kolkata: Eastern Law House, 2004.

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Uwechia, Chuma. Nigerian arbitration and conciliation law and practice. Lagos: Fairford and Co., 1997.

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Book chapters on the topic "Board of Conciliation and Arbitration"

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Edison, J. C. "Arbitration, conciliation and dispute resolution." In Infrastructure Development and Construction Management, 206–23. Abingdon, Oxon; New York, NY: Routledge, 2021.: Routledge, 2020. http://dx.doi.org/10.1201/9781003055624-9.

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Oellers-Frahm, Karin, and Andreas Zimmermann. "German-Swiss Treaty on Arbitration and Conciliation." In Dispute Settlement in Public International Law, 293–301. Berlin, Heidelberg: Springer Berlin Heidelberg, 2001. http://dx.doi.org/10.1007/978-3-642-56626-4_15.

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Dörr, Oliver, and Kirsten Schmalenbach. "Article 66. Procedures for judicial settlement, arbitration and conciliation." In Vienna Convention on the Law of Treaties, 1151–57. Berlin, Heidelberg: Springer Berlin Heidelberg, 2011. http://dx.doi.org/10.1007/978-3-642-19291-3_69.

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Gotti, Maurizio, Piera Pellegrinelli, and Elena Signorini. "The combination of arbitration with conciliation/mediation in the legislation of the People’s Republic of China." In International Arbitration Discourse and Practices in Asia, 39–53. New York, NY: Routledge, 2017. | Series: Law, language and communication: Routledge, 2017. http://dx.doi.org/10.4324/9781315229799-5.

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Oellers-Frahm, Karin, and Andreas Zimmermann. "Swiss Model of a Treaty for Conciliation, Judicial Settlement and Arbitration of 1960." In Dispute Settlement in Public International Law, 302–15. Berlin, Heidelberg: Springer Berlin Heidelberg, 2001. http://dx.doi.org/10.1007/978-3-642-56626-4_16.

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Jamal, Arif A. "The Ismaili Conciliation and Arbitration Boards in India." In Being Muslim in South Asia, 141–60. Oxford University Press, 2014. http://dx.doi.org/10.1093/acprof:oso/9780198092063.003.0007.

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Emir, Astra. "1. The Institutions of Employment Law." In Selwyn's Law of Employment, 1–32. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198836636.003.0001.

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This chapter explains the organisation and functions of the following institutions of employment law: the Employment Tribunal and Employment Appeal Tribunal; the Supreme Court, the Advisory, Conciliation and Arbitration Service (ACAS); the Certification Office; the Central Arbitration Committee (CAC); industrial training boards; the Equality and Human Rights Commission; the Health and Safety Executive; the Health and Work Advisory and Assessment Service; and the Low Pay Commission. It also discusses the impact of the EU on UK employment law and the implications of the Human Rights Act 1998 for employment law, and mentions the effect of the European Union (Withdrawal) Act 2018.
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Keshavjee, Mohamed M. "Alternative Dispute Resolution in a Muslim Community: The Shia Imami Ismaili Conciliation and Arbitration Boards." In Migration, Diasporas and Legal Systems in Europe, 73–85. Routledge-Cavendish, 2020. http://dx.doi.org/10.4324/9781003076766-5.

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"CONCILIATION." In Mediation & Arbitration for Lawyers, 87. Routledge-Cavendish, 1997. http://dx.doi.org/10.4324/9781843143628-33.

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Samuels, Warren J., and w. Stanley Jevons. "Arbitration and Conciliation." In The State in Relation to Labour, 148–63. Routledge, 2018. http://dx.doi.org/10.4324/9781351302609-7.

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Conference papers on the topic "Board of Conciliation and Arbitration"

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Sulistianingsih, Dewi, and Pujiono. "The Roles of The Indonesian National Arbitration Board (BANI) in Resolving Intellectual Property Disputes." In Proceedings of the 2nd International Conference on Indonesian Legal Studies (ICILS 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/icils-19.2019.5.

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Ağaoğlu, Cahit. "Problems of Turkish and Foreign Construction Companies on the Fidic Arbitration Rules." In International Conference on Eurasian Economies. Eurasian Economists Association, 2017. http://dx.doi.org/10.36880/c08.01954.

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FIDIC rules are generally accepted as standard contract for construction projects in international commercial practice. Disputes arising from standard agreements are often referred to as international arbitration rules. However, at the beginning of the difficulties encountered in the arbitration proceedings under the FIDIC Rules at the international arbitration institutions, the question is whether the engineer is impartial. On the other hand, the fact that the Dispute Adjudication Board (DAB) has been used effectively is also an important issue. It has been revealed through the case-law that the adoption of the FIDIC Rules by the domestic laws of the parties has not yet reached the desired stage. Aside from the fact that arbitral awards are confronted with public authority during the enforcement phase, there are also difficulties of parallel proceedings that national courts have resorted to legal proceedings although there is an agreement involving arbitration clauses. The protection of the investor, the equitable treatment of the investor and the protection against expropriation are all on the agenda and a direct link can be established between FIDIC and Bilateral Investment Treaties.
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Herwastoeti, Herwastoeti. "The Authority of the Court Against the Decision of the Indonesian National Arbitration Board (BANI) in the Settlement of Business Disputes in the Perspective of Legal Certainty." In Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.1-7-2020.2303625.

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Бардин, Лев, and Lev Bardin. "On the issue of the right to provide legal assistance." In St. Petersburg international Legal forum RD forum video — Rostov-na-Donu. Москва: INFRA-M Academic Publishing LLC., 2017. http://dx.doi.org/10.12737/conferencearticle_5a3a6faa331e66.29746358.

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The law establishes that representatives in the courts can be both lawyers and other persons providing legal assistance, as well as legal representatives. The Constitutional Court in its Resolution No. 15-P of 16.07.2004 indicated that representatives of legal entities in arbitration proceedings can be any person. But in accordance with Item II (A) (a) of the List of Specific Obligations of the Russian Federation for Services Included in Annex I to the Protocol of 16 December 2011 "On the Accession of the Russian Federation to the Marrakesh Agreement on the establishing of the WTO", only those who received the status Lawyer in accordance with Russian law, has the right to represent in criminal courts and Russian arbitration courts, as well as act as a representative of organizations in civil and administrative proceedings and proceedings on cases of administrative violations. Appropriate legislative changes are needed. The law states that the use of the terms "advocacy", "lawyer", "lawyer's chamber", "lawyer’s entity" in the names of organizations is allowed only by lawyers. Every year, Russia's tax inspections register dozens of organizations set up by non-layers, illegally including the above terms in their names. The law should provide not only prohibitions, but also sanctions for violation of these prohibitions. Collegiums of advocates often include the phrase "partners" in their names. But lawyers - members of the board are not partners and do not sign partnership agreements. Partners can not be among the governing bodies of the collegium . The application by collegiums of lawyers of the rules provided for non-commercial partnerships by the Federal Law "On Non-Profit Organizations" in the part of partners is illegal. Only lawyers can establish a lawyer’s bureau and conclude a partnership agreement. But in practice in lawyer’s bureau, persons who do not have the status of a lawyer become partners. In other countries, in associating lawyers limited liability partnerships, along with partners, there are "associates". The introduction of such "associates" in our lawyer’s bureau will be a good alternative to attempts to include commercial organizations in the composition of lawyer entities.
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5

Worster, Shawn, and Andrew Brydges. "Making Lemonade From Lemons: Lessons Learned in Reducing the Economic and Environmental Impact and Negotiating the Post-2005 Service Agreements on Behalf of the 23 NESWC Communities." In 12th Annual North American Waste-to-Energy Conference. ASMEDC, 2004. http://dx.doi.org/10.1115/nawtec12-2209.

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The twenty-three communities that comprise the North East Solid Waste Committee have labored under what may well be the worst municipal solid waste service agreement in the country. In FY 2004, the disposal fee is $140 per ton. Over the past eighteen years, the communities have paid more for disposal, as much as two to three times what the neighboring communities have paid. The NESWC Board of Directors has, over the course of the past ten years, implemented a multifaceted program to reduce the environmental and economic burden associated with managing the municipal solid wastes generated in the 23 member communities. The program has included a series of innovative approaches to obtaining negotiating leverage and support from diverse stakeholders to reduce the cost and implementing innovative programs to help reduce the amount and toxicity of waste requiring disposal. What makes this particularly significant is that it was done on a regional basis, involved interaction with a broad, diverse group of stakeholders at the local, state and federal level and required the use of a wide array of change inducing tools, including arbitration and litigation, to achieve the results. Most recently, the communities and the vendor, Wheelabrator North Andover, completed negotiations regarding service post termination of the existing Service Agreement in September, 2005. This paper updates key lessons learned over the past decade.
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