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

Author: Grafiati

Published: 4 June 2021

Last updated: 13 February 2022

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1

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 BPSKâ€™s council.

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2

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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3

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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4

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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5

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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6

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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7

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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8

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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9

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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10

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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11

Trappe, J. "Beijing-Hamburg Conciliation." Arbitration International 19, no. 3 (September 1, 2003): 371–86. http://dx.doi.org/10.1093/arbitration/19.3.371.

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12

Ikeyi, Nduka, and Ofornze Amucheazi. "Applicability of Nigeria's Arbitration and Conciliation Act: Which Field Does the Act Cover?" Journal of African Law 57, no. 1 (February 11, 2013): 126–48. http://dx.doi.org/10.1017/s0021855313000016.

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AbstractIn 1988, Nigeria's Federal Military Government promulgated the Arbitration and Conciliation Decree (now the Arbitration and Conciliation Act) to provide a unified legal framework for commercial arbitration throughout Nigeria. At the time of the decree's promulgation, the Federal Military Government had unlimited competence to legislate over any matter in, and for all parts of, Nigeria. However, under Nigeria's current constitutional democracy and federal structure of government, legislative powers are shared between the Federal Government and the respective state governments. This article investigates the constitutionality of the continued application of the Arbitration and Conciliation Act as federal legislation with application in all states of the federation.

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13

Lightman, Ernie S., and Howard H. Irving. "CONCILIATION AND ARBITRATION IN FAMILY DISPUTES." Family Court Review 14, no. 2 (March 16, 2005): 12–21. http://dx.doi.org/10.1111/j.174-1617.1976.tb00757.x.

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14

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 (December 24, 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 (December 24, 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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16

Giles, Penelope. "Federated Clerks Union of Australia v Victorian Employers Federation." Federal Law Review 15, no. 4 (December 1985): 348–54. http://dx.doi.org/10.1177/0067205x8501500405.

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Industrial law — Victorian award relating to notification and consultation by employers in relation to proposed technological change — Applicability of principles under the Conciliation and Arbitration Act 1904 (Cth) — Current status of traditional dichotomy between industrial matters and managerial prerogative — Commercial Clerks Award Clause 39 — Industrial Relations Act 1979 (Vic) ss 3(1), 34(1) — Conciliation and Arbitration Act 1904 (Cth)

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17

Amissah, A. "The ACP/EEC Conciliation and Arbitration Rules." Arbitration International 8, no. 2 (June 1, 1992): 167–84. http://dx.doi.org/10.1093/arbitration/8.2.167.

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18

Iwasaki, K. "ADR: Japanese Experience with Conciliation." Arbitration International 10, no. 1 (March 1, 1994): 91–98. http://dx.doi.org/10.1093/arbitration/10.1.91.

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19

Trappe, J. "Conciliation in the Far East." Arbitration International 5, no. 2 (June 1, 1989): 173–88. http://dx.doi.org/10.1093/arbitration/5.2.173.

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20

Duffy, Norman F. "The Genesis of Arbitration in Western Australia." Journal of Industrial Relations 28, no. 4 (December 1986): 545–63. http://dx.doi.org/10.1177/002218568602800405.

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The use of compulsory arbitration for the determination of the conditions of employment has a long history in Australia. This paper covers the events leading up to the introduction of legislation for conciliation and for the compulsory arbitration of industrial disputes in Western Australia. After two bruising strikes and the experience of successful voluntary arbitration, the union movement came to the view that compulsory arbitration would be to their advantage. The development of political links between the unions and some members of the Legislative Assembly, coupled with certain fortuitous circumstances in the Parliament, resulted in arbitration legislation being passed in 1900—despite the dominance of the political scene by conservative forces and the opposition of the employers. Early experiences with the legislation showed that conciliation was not successful when arbitration was readily available and that the Act was not the answer to all the problems of the trade union movement.

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21

Yearbook of Islamic and Middle East, Editors. "Rules of Conciliation, Arbitration and Expertise of the Euro ― Arab Arbitration System." Yearbook of Islamic and Middle Eastern Law Online 4, no. 1 (1997): 497–516. http://dx.doi.org/10.1163/221129898x00369.

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22

Pleshanov, Alexander. "Unification of Conciliation Procedure Acts and Main Parameters (Based on the Federal Law No. 197 of July 26, 2019)." Юридические исследования, no. 11 (November 2019): 21–39. http://dx.doi.org/10.25136/2409-7136.2019.11.31461.

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The object of the research is the unification of conciliation procedure acts stated by the Federal Law No. 197 of July 26, 2019 as one of the most important development trends of the civil process. The subject of the research is the acts of the civil, arbitration and administrative legislations as well as researches in the spheres of civil process and alternative procedures of legal conflict resolution. Pleshanov tries to find answers to two questions, about parameters (directions) of the unification of conciliation procedures; and limits of the application of different kinds of conciliation procedures during hearing of civil and administrative cases as well as economic disputes. The methodological basis of the research included the following methods: analysis, synthesis, structured system, formal logical, theoretical prognostic, comparative legal analysis and interpretation of legal acts. The main conclusions of the research are the following provisions. Unification of conciliation procedures implies elimination of differences and contradictions, first of all, in relation to conciliation procedures, secondly, limits of the application of conciliation procedures, thirdly, the order of application of conciliation procedures. As the criteria for determination of the limits of application of conciliation procedures, the author of the article suggests to use the problematic nature of the case and applicability of conciliation results to a particular kind of conciliation procedure. The author also offers different variants of elimination of baseless divergences in the regulation of conciliation procedures in civil, arbitration and administrative proceedings that haven't been eliminated in the process of institutional unification based on the Federal Law No. 197 of July 26, 2019. 

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23

KAZIKHANOVA, S. S. "ON THE NATURE OF RELATIONSHIPS FOR RECONCILIATION AND THE DESIRABILITY OF THEIR REGULATION IN CIVIL PROCEDURAL CODES." Herald of Civil Procedure 11, no. 3 (August 30, 2021): 109–31. http://dx.doi.org/10.24031/2226-0781-2021-11-3-109-131.

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The article analyzes the changes made to the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation and the Administrative Code of the Russian Federation by the Federal Law of 26 July 2019 No. 197-FZ, related to the regulation of conciliation procedures. The question is raised as to whether the civil procedural codes should regulate relations on reconciliation and to what extent. Agreement is expressed with those authors who believe that, by their nature, the relations that develop in conciliation procedures between its participants (including in cases where the conciliation procedure is directed by a judge) are not procedural and are not part of the subject of civil procedural law. The non-procedural nature of the relationship between the judicial conciliator and the court in the procedure of judicial conciliation under the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation and the Administrative code of the Russian Federation is substantiated. It is concluded that due to the qualitatively different nature of reconciliation relations from civil procedural relations, as well as their lack of connection with the resolution of a civil case in a certain system of guarantees (civil procedural form), there is no place for articles on individual conciliation procedures among procedural norms. In this regard, it is proposed to either exclude them, or, as an option, transfer them to the appendix to the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation, the Administrative code of the Russian Federation (just as in the Civil Procedure Code of 1964 there was an appendix, in particular, about the arbitration court).

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24

WHEELWRIGHT, KAREN. "THE NEW PROVINCE FOR LAW AND ORDER- 100 YEARS OF AUSTRALIAN INDUSTRIAL CONCILIATION AND ARBITRATION BY JOE ISAAC AND STUART MACINTYRE (EDS) (SYDNEY: CAMBRIDGE UNIVERSITY PRESS 2004). 454 PAGES (HARDCOVER). PRICE: $79.95. ISBN 0 521 84289 1." Deakin Law Review 10, no. 1 (April 1, 2005): 373. http://dx.doi.org/10.21153/dlr2005vol10no1art282.

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<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>This impressive book of essays has been published by Cambridge University Press to mark the centenary of the establishment in 1904 of the Commonwealth Court of Conciliation and Arbitration (reconstituted as the Commonwealth Conciliation and Arbitration Commission in 1956, and renamed the Australian Industrial Relations Commission in 1988). </span></p></div></div></div>

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Ms. Charu Shahi, Dr Sachin Rastogi,. "THE CONCEPT OF INSTITUTIONAL ARBITRATION – NEED FOR THE HOUR." Psychology and Education Journal 58, no. 2 (February 20, 2021): 6601–9. http://dx.doi.org/10.17762/pae.v58i2.3194.

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The Indian lawmakers have an agenda to promote India as an Arbitration hub for solving disputes, thus, they brought about certain changes to the Arbitration and Conciliation Act, 1996 by way of an amendment namely, the Arbitration and Conciliation (Amendment) Act, 2015 (“2015 Amendments”) which aimed at achieving this goal by facilitating speedy and efficacious resolution of disputes through arbitration. It is widely accepted that India prefers ad hoc arbitration over institutional arbitration. Though various arbitral institutions have been set up in India, especially in the last five years, ad hoc arbitration continues to be the preferred mode of arbitration. Moreover, a large number of international arbitrations involving Indian parties are seated abroad and administered by foreign arbitral institutions. In order to promote institutional arbitration in India, it is imperative that: (a) Indian parties involved in domestic and international arbitrations are encouraged to shift to institutionally administered arbitrations rather than resort to ad hoc arbitrations; and (b) India becomes a favored seat of arbitration for international arbitrations, at the very least in matters involving Indian parties. With this background, this paper delineates certain issues that exist in the Institutional Arbitration in India and identifies areas for reform in the Indian arbitration, to strengthen the existing arbitration mechanisms, and also to put forward focus areas for promoting institutional arbitration in India.

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26

Rawding, N. "ADR: Bermuda's International Conciliation and Arbitration Act 1993." Arbitration International 10, no. 1 (March 1, 1994): 99–110. http://dx.doi.org/10.1093/arbitration/10.1.99.

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27

McDonagh, Maeve. "Dismissals and the Federal Conciliation and Arbitration System." Federal Law Review 18, no. 3 (September 1989): 153–77. http://dx.doi.org/10.1177/0067205x8901800303.

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28

Ziade, N. G. "References on the UNCITRAL Arbitration and Conciliation Rules." ICSID Review 5, no. 2 (September 1, 1990): 363–66. http://dx.doi.org/10.1093/icsidreview/5.2.363.

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29

Orji, Uchenna Jerome. "Law and Practice of Conciliation in Nigeria." Journal of African Law 56, no. 1 (February 13, 2012): 87–108. http://dx.doi.org/10.1017/s0021855311000246.

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AbstractThis article gives a general overview of an alternative dispute resolution (ADR) mechanism known as “conciliation” and the legal framework relating to its practice in Nigeria. Using the UNCITRAL Model Law on International Commercial Conciliation as a normative framework, the article critically analyses the proposed reforms to the existing legal framework for conciliation in Nigeria which are contained in the Nigerian Federal Arbitration and Conciliation Draft Bill and exposes some of its deficiencies. It also investigates the effect of the statutes of limitation on conciliation proceedings. The article also suggests that the institutionalization of conciliation will enhance its viability as an ADR mechanism in Nigeria.

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Watadza, Christopher, Mildred Mahapa, and Chakanaka Ernest Muchadenyika. "Effectiveness of Conciliation and Arbitration in the Ferro- Chrome Industry in Zimbabwe." European Scientific Journal, ESJ 12, no. 25 (September 30, 2016): 331. http://dx.doi.org/10.19044/esj.2016.v12n25p331.

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The study sought to establish the effectiveness of Conciliation and Arbitration as dispute resolution mechanism with the case of Ferro –Alloy Industry in Zimbabwe. A case study of 2 major players in the industry were examined in a descriptive research design. Backing the research is the concept of legal pluralism which then defined conciliation and arbitration as alternative dispute resolution systems. Management and Trade Union representatives, general employees and Labour Officers participated through interviews. The research uncovered that the current legal framework was not providing a conducive and enabling regulatory environment to ensure an effective dispute resolution mechanism. The gaps in terms of time limits, the absence of explicit guidelines on conciliation, lack of finality to arbitral awards were identified as major drawbacks of the current legal structure. The State department, the Ministry of Labour, is the vehicle for an effective dispute resolution mechanism. The research identified that the department was inadequately resourced to enable speedy and prompt resolution of disputes. Due to the centrality and inevitability of disputes at workplace, the research recommended that government should amend the current legal framework to align it to International Labour Organisations provisions on conciliation and arbitration to ensure an effective resolution to disputes.

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Sanders, P. "UNCITRAL's Model Law on International Commercial Conciliation." Arbitration International 23, no. 1 (March 1, 2007): 105–42. http://dx.doi.org/10.1093/arbitration/23.1.105.

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32

Orlova, I. V. "ANALYSIS OF CERTAIN ARTICLES OF THE CODE OF CIVIL PROCEDURE OF THE RUSSIAN FEDERATION, THE ADMINISTRATIVE PROCEDURE CODE OF THE RUSSIAN FEDERATION AND THE ARBITRATION PROCEDURAL CODE OF THE RUSSIAN FEDERATION IN RELATION TO CONCILIATION PROCEDURES." Vestnik of Khabarovsk State University of Economics and Law, no. 1-2 (October 20, 2020): 151–55. http://dx.doi.org/10.38161/2618-9526-2020-1-2-15.

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33

O'Donovan, Patrick. "Claims for Oil Pollution Damage—Arbitration and Alternative Dispute Resolution." International Oil Spill Conference Proceedings 1991, no. 1 (March 1, 1991): 691–93. http://dx.doi.org/10.7901/2169-3358-1991-1-691.

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ABSTRACT It is clear that there is a role for arbitration and alternative dispute resolution in the context of oil pollution, as recognized by the arbitration provisions in the TOVALOP and CRISTAL agreements (compare the International Conventions which provide for court proceedings). An example is given of an arbitration under TOVALOP. The suitability of arbitration in the context of marine pollution disputes is analyzed and the main centers of existing maritime arbitration and conciliation are identified. Various international conventions provide for resolution of disputes by arbitration or some other form of alternative dispute resolution; these are noted and discussed.

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34

Webber, Jeremy. "Compelling Compromise: Canada Chooses Conciliation over Arbitration 1900-1907." Labour / Le Travail 28 (1991): 15. http://dx.doi.org/10.2307/25143506.

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35

Galiullin, E. R. "Practice of Application of Conciliation Procedure in Arbitration Proceedings." Herald of Civil Procedure 7, no. 1 (2017): 261–67. http://dx.doi.org/10.24031/2226-0781-2017-7-1-261-267.

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36

Mackie, Karl J. "Lessons from Down-Under: conciliation and arbitration in Australia." Industrial Relations Journal 18, no. 2 (June 1987): 100–116. http://dx.doi.org/10.1111/j.1468-2338.1987.tb00892.x.

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37

Bamber, G. J. "Conciliation, Arbitration and Human Resource Management: A. British Perspective." Asia Pacific Journal of Human Resources 25, no. 2 (July 1, 1987): 18–32. http://dx.doi.org/10.1177/103841118702500203.

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38

Musalov, Magomed Abdulaevich. "Legal conflicts in civil and arbitration proceedings. Conciliation procedures." Аграрное и земельное право, no. 1 (2021): 51–54. http://dx.doi.org/10.47643/1815-1329_2021_1_51.

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39

Subbarao, A. V. "The Impact of the Two Dispute Resolution Processes in Negotiations." Relations industrielles 32, no. 2 (April 12, 2005): 216–33. http://dx.doi.org/10.7202/028784ar.

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40

Bamodu, ’Gbenga. "Judicial Support for Arbitration in Nigeria: On Interpretation of Aspects of Nigeria's Arbitration and Conciliation Act." Journal of African Law 62, no. 2 (April 12, 2018): 255–79. http://dx.doi.org/10.1017/s0021855318000098.

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AbstractThe quality of judicial support and respect for the principle of minimum intervention are crucial factors in assessing whether a jurisdiction is attractive for arbitration. While there have been efforts to present Nigeria as an arbitration-friendly jurisdiction and an attractive arbitration venue, questions remain about the adequacy, effectiveness and certainty of legal rules concerning arbitration in Nigeria. There are also questions about the quality and efficiency of judicial support for arbitration in light of some judicial decisions affecting arbitration that have generated controversy. Through a careful analysis of key statutory provisions and judicial decisions, this article analyses support for arbitration in Nigeria in respect of selected topics, including party autonomy, upholding arbitration agreements (especially concerning the stay of judicial proceedings), the stay of arbitration proceedings and third party intervention. The article identifies scope for improvement in statutory and judicial approaches. It makes suggestions concerning both judicial approaches and reform of the statutory regimes.

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Sanders, Pieter. "Private Parties and the Permanent Court of Arbitration." Leiden Journal of International Law 6, no. 2 (August 1993): 289–95. http://dx.doi.org/10.1017/s0922156500002697.

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As early as 1952 I launched the idea of enhancing the use of the PCA by making its arbitration facilities accessible for arbitration between states and private parties. A few years later I was requested by the Secretary-General, at that time, Prof. Francois, to draw up draft arbitration rules for this purpose. These rules, as elaborated by the International Bureau of the PCA, became the 1962 Rules of Arbitration and Conciliation for Settlement of International Disputes between Two Parties of Which Only One is a State, hereafter referred to as the 1962 Rules.

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Bajpai., Pallavi. "EVOLUTION OF INTERNATIONAL COMMERCIAL ARBITRATION IN INDIA POST AMENDMENTS TO ARBITRATION AND CONCILIATION ACT 1996." International Journal of Advanced Research 5, no. 10 (October 31, 2017): 1404–10. http://dx.doi.org/10.21474/ijar01/5659.

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Bennett, Laura. "The Federal Conciliation and Arbitration Court in the Late 1920s." Labour History, no. 57 (1989): 44. http://dx.doi.org/10.2307/27508953.

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Asouzu, A. A. "The Legal Framework for Commercial Arbitration and Conciliation in Nigeria." ICSID Review 9, no. 2 (September 1, 1994): 214–36. http://dx.doi.org/10.1093/icsidreview/9.2.214.

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Stuart, Mark, and Miguel Martínez Lucio. "The New Benchmarking and Advisory State: The Role of the British Advisory, Conciliation and Arbitration Service in Facilitating Labour—Management Consultation in Public Sector Transformation." Journal of Industrial Relations 50, no. 5 (November 2008): 736–51. http://dx.doi.org/10.1177/0022185608096807.

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The aim of this article is to examine the changing role of the state in a more market-driven system of industrial relations, specifically in terms of the new roles that are being developed with regard to mediation, advisory and arbitration services. It focuses empirically on the role played by the British Advisory, Conciliation and Arbitration Service in facilitating the modernization of public sector employment relations. We show how the Advisory, Conciliation and Arbitration Service has played a `benchmarking' role that assists the development of more strategic forms of decision-making and cooperation in employment relations change, and identify the challenges of developing such an approach in the context of the shift towards a more decentralized and market-oriented system of public service delivery. In conclusion we assert that there is a new `advisory and benchmarking' state evolving based on a soft-market view of industrial relations, and that this mitigates (but is also in tension with) the harder market view within the state concerned with transforming the public sector.

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van Blankenstein, A. "Enforcement of an Arbitral Award against a State: with Whom are You Dealing?" Leiden Journal of International Law 6, no. 2 (August 1993): 357–74. http://dx.doi.org/10.1017/s0922156500002739.

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The effort to attract commercial arbitration to the Permanent Court of Arbitration [hereinafter PCA] in 1962 by introducing the Rules of Arbitration and Conciliation for Settlement of International Disputes between Two Parties of Which only One is a State [hereinafter the 1962 Rules], has met with little success. In other articles of this issue of the Leiden Journal of International Law the reasons for this failure are discussed. These articles also contain suggestions on how changes in the legal framework and the administration of the PCA may improve this situation.

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Kurniawan, Shelly. "PERBANDINGAN PENYELESAIAN SENGKETA MEREK BERDASARKAN UNDANG-UNDANG MEREK NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS JO. UNDANG-UNDANG NOMOR 30 TAHUN 1999 TENTANG ARBITRASE DAN ALTERNATIF PENYELESAIAN SENGKETA DENGAN WORLD INTELLECTUAL PROPER." Dialogia Iuridica: Jurnal Hukum Bisnis dan Investasi 11, no. 1 (November 19, 2019): 97–113. http://dx.doi.org/10.28932/di.v11i1.1972.

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Dispute resolution does not only have to go through court, it can also resolve by alternative dispute resolution. Alternative dispute resolution regulated in Indonesia through Act Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution that more diverse than alternative dispute resolution provided by the World Intellectual Property Organization (WIPO) through the WIPO Arbitration and Mediation Centre. Alternative dispute resolution in Indonesia can be in consultation, mediation, negotiation, conciliation, arbitration, and expert determination. The WIPO Arbitration and Mediation Centre at least provides four option for the alternative dispute resolution, namely mediation, arbitration, expedited arbitration, and expert determination. This research is to compare the alternative dispute resolution in marks dispute resolution jo. the act of alternative dispute resolution and alternative dispute resolution on WIPO Arbitration and Mediation Centre. Only expedited arbitration that is not explicitly regulated in Act Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, but there is provisions that resemble to expedited arbitration, i.e. a sole arbiter

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Tamada, Dai. "The Timor Sea Conciliation: The Unique Mechanism of Dispute Settlement." European Journal of International Law 31, no. 1 (February 2020): 321–44. http://dx.doi.org/10.1093/ejil/chaa025.

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Abstract The maritime boundary dispute between Timor-Leste and Australia was submitted to the compulsory conciliation procedure under the United Nations Convention on the Law of the Sea (UNCLOS). This is the first instance of conciliation, whether voluntary or compulsory, under UNCLOS. The Timor Sea conciliation led to the successful settlement of the long-standing deadlock between the parties that had hitherto not been settled by negotiation and had no possibility of being settled by litigation (within, for example, International Tribunal for the Law of the Sea or International Court of Justice proceedings) or arbitration (within the context of an UNCLOS Annex VII tribunal). This article aims to elucidate the unique mechanism of conciliation and, to this end, analyses both the procedural particularities of conciliation under UNCLOS and the substantive considerations in conciliation proceedings. The author places emphasis, in particular, on the fundamental importance of the economic factor in the Timor Sea maritime delimitation – namely, the sharing ratio of the natural resources in the Greater Sunrise gas fields. Being a definitive factor for the success of this conciliation, it was the economics of this dispute that incentivized the parties to compromise and settle. Furthermore, given that conciliation is a most elucidating piece in the rather complicated puzzle that is the UNCLOS dispute settlement mechanism, the Timor Sea conciliation offers valuable insights into this mechanism.

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Herbert Tavengahama, Tafara, Nhamo Mashavira, Takupiwa Nyanga, and Chakanaka Ernest Muchadenyika. "Alternative Dispute Resolution in SMEs in the Construction Industry in Masvingo Urban, Zimbabwe." Ushus Journal of Business Management 19, no. 1 (January 1, 2020): 15–30. http://dx.doi.org/10.12725/ujbm.50.2.

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Dispute handling may present particular problems for SMEs. The research explored the Alternative Dispute Resolution (ADR) methods used in SMEs and their implications on the performance of SMEs in the construction industry in Zimbabwe. The study revealed that collective bargaining and negotiation are the main ADR methods used in the SMEs while conciliation and arbitration are utilized externally at NEC and the ministry of labour. It was also noted that most SMEs do not have established ADR structures and collective bargaining and negotiation had an impact on employee performance. Collective Bargaining, Conciliation and Adjudication

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L. Tobing, Gindo. "PEMBERDAYAAN ARBITRASE SEBAGAI LEMBAGA PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL DI LUAR PENGADILAN DALAM PERSPEKTIF POLITIK HUKUM." to-ra 1, no. 3 (January 5, 2016): 167. http://dx.doi.org/10.33541/tora.v1i3.1138.

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Arbitration is not well known, especially by the workers/laborers because of lack of internalization by the government, trade unions/workers and by employers. So until now there has been no industrial disputes are resolved through arbitration. With a variety of reasons the parties prefer the Industrial Relations Court (PHI) rather than arbitration and other settlement alternatives (conciliation) even prescribed pattern that justice can only be obtained through the courts alone. Changing the paradigm so that people do not always think only through PHI, justice and legal certainty can be obtained (justice in many rooms) arbitration should be empowered to propose improved regulation (amendment through MK), the institutional approach, culture, law. Model arbitration offered so-called Arbitration Pancasila because at each stage of the examination should be preceded by consensus, peace. Legal political perspective of stakeholders will give birth to the dispute settlement mainstreaming regulation on fairness, expediency and legal certainty through arbitration institutions.Kata Kunci: Pengadilan Hubungan Industrial, Pemberdayaan Arbitrase, Model Arbitrase dan Perspektif Politik Hukum

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