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Journal articles on the topic 'Dispute before the court'

Author: Grafiati

Published: 4 June 2021

Last updated: 9 February 2022

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1

Əlitahir oğlu Xammədov, Elxan. "Procedure for out-of-court resolution of individual labor disputes." SCIENTIFIC WORK 65, no. 04 (2021): 280–84. http://dx.doi.org/10.36719/2663-4619/65/280-284.

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The article analyzes the rules for out-of-court resolution of individual labor disputes. The main goal of the article is to further improve the legislation. In this article, solutions of individual labour disputes outside the court were investigated in the legislation of Azerbaijan, the importance of the Orga considering the solution of individual labour disputes before the court in terms of labour relations and the inefficiency of individual labour exchanges by one-on-one strike were tried to bring to the fore. Key words: out-of-court resolution of an individual labor dispute, consideration o

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Piwowarczyk, Marika. "Formalne aspekty pozasądowego rozwiązywania sporów przed Rzecznikiem Finansowym." Studia Prawa Publicznego, no. 1(33) (March 15, 2021): 117–37. http://dx.doi.org/10.14746/spp.2021.1.33.5.

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The study concerns one of the methods of amicable settlement of consumer disputes i.e. out-of-court settlement of disputes between a client and a financial market entity before the Financial Ombudsman. The Financial Ombudsman is a sectoral entity created to resolve specific disputes in the financial sector. Due to the fact that services provided by financial market entities often require special protection of consumers who are clients of financial market entities it is therefore important to ensure that the consumer has easy and effective access to legal protection measures. One such measure i

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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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Williams, Stephen. "What Happens if There is a Dispute over Queensland Food Exports? A Survey Report." Queensland Review 7, no. 1 (2000): 23–36. http://dx.doi.org/10.1017/s132181660000204x.

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In Queensland, disputes between traders both domestic and international can be settled by a range of different mechanisms, from simple informal mediation (with a referee) to more formal arbitration (using a referee or a panel of referees, and set rules of procedure) and ultimately to full legal actions in court, the choice of court depending on the amounts involved. Parties to a dispute can use commercial organizations to help them resolve disputes (e.g. the Australian Commercial Dispute Centres in each State), or they can approach the Queenland Law Society or the Queensland Bar Association, w

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Talus, Kim. "Float Like a Butterfly, Sting Like a Bee: Judicial Challenges to Renewable-Energy Support Schemes in Europe." Climate Law 6, no. 3-4 (2016): 250–63. http://dx.doi.org/10.1163/18786561-00603003.

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The past few years have witnessed a surge of judicial activity relating to renewable energy in the European Union. Several renewable-energy disputes have come before dispute-settlement bodies, such as the Court of Justice of the European Union, wto bodies, investment-dispute tribunals, and national courts. Behind these disputes is often a tension between, on the one hand, state- or European Union-level regulations seeking to promote renewable energy and achieve climate-policy objectives, and, on the other, economic considerations related to investor protection and free movement of goods.

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Schatz, Valentin J. "The Snow Crab Dispute on the Continental Shelf of Svalbard: A Case-Study on Options for the Settlement of International Fisheries Access Disputes." International Community Law Review 22, no. 3-4 (2020): 455–70. http://dx.doi.org/10.1163/18719732-12341442.

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Abstract Disputes concerning access to fisheries within national jurisdiction can be drivers of illegal, unreported, and unregulated (IUU) fishing. International courts and tribunals may play an important role in settling certain categories of fisheries access disputes and in clarifying the applicable legal framework. This article explores international dispute settlement options for the dispute between the European Union (EU) and Norway over access to the snow crab fishery in Svalbard’s waters as an example of a complex fisheries access dispute. In doing so, it considers the potential and lim

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Stanojević, Sanja. "Advantages of arbitration over court resolution of employment disputes." Pravo i privreda 59, no. 1 (2021): 19–34. http://dx.doi.org/10.5937/pip2101019s.

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An employment dispute is a dispute between a single worker and the employer, or between a trade union and employer or association of employers. The division of employment disputes is important because it indicates the method of the settlement of labour disputes. According to Serbian legal system, employment disputes can be settled in court or using one of the alternative labour dispute resolution methods (arbitration, conciliation, mediation). Based on the Law on the Amicable Settlement of Employment Disputes, an institution for the peaceful settlement of labour disputes was established - Stat

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Orlić-Zaninović, Senka. "Troškovi upravnog spora nakon novele Zakona o upravnim sporovima 2017." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 39, no. 1 (2018): 667–83. http://dx.doi.org/10.30925/zpfsr.39.1.22.

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<span>This paper deals with problems in the application of Article 79 of the Law on Administrative Disputes (Official Gazette 20/10, 143/12, 152/14, 94/16, 29/17) and Article 3 of the Amendments Act to the Administrative Disputes Act (Official Gazette No. 29/17), which appeared in the practice of the Administrative courts and the High Administrative Court of the Republic of Croatia. Different, mutually opposing interpretations of these provisions extend to the different perception of the goal and purpose of the administrative dispute in the practice of the Administrative Courts, as well

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John, Anna. "Inarticulate and Unconscious: Non-Justiciability before the International Court of Justice." Law & Practice of International Courts and Tribunals 20, no. 1 (2021): 77–118. http://dx.doi.org/10.1163/15718034-12341440.

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Abstract The International Court of Justice (ICJ) has explicitly rejected the notion that some disputes are non-justiciable. This article argues that despite these assertions, some disputes before the Court are de facto non-justiciable. The Court’s jurisprudence shows that techniques of avoidance are used when confronted with non-justiciable issues. These avoidance techniques include the dismissal of cases on technical grounds, and the partial or non-assertion of jurisdiction, which can result in conflicting or irreconcilable jurisprudence. The non-justiciability of disputes before the ICJ ari

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Singer, Howard L. "Institut Pasteur v. United States: The, AIDS Patent Dispute, the Contract Disputes Act and the International Exchange of Scientific Data." American Journal of Law & Medicine 15, no. 4 (1989): 439–59. http://dx.doi.org/10.1017/s0098858800007012.

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In the case of Institut Pasteur v. United States, the Institut Pasteur (Pasteur) claimed that the National Cancer Institute (NCI) had breached express and implied contracts to share research on AIDS virus samples provided to NCI by Pasteur. NCI scientists allegedly used the samples to acquire information which allowed NCI to file patent applications for an AIDS blood test kit.The United States Claims Court dismissed the complaint by holding that the Institut Pasteur had not complied with certain administrative procedures required by the Contract Disputes Act before bringing its suit. The Unite

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Zawacka-Klonowska, Dominika. "Procedure for Out of Court Settlement of Consumer Disputes before the Passenger Ombudsman." Review of European and Comparative Law 43, no. 4 (2020): 65–82. http://dx.doi.org/10.31743/recl.5732.

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The adoption of Directive 2013/11/EU of the European Parliament and of the Council of 21.05.2013 on alternative dispute resolution methods for the settlement of consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC and Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21.05.2013 on the online system of consumer disputes resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, was intended to enable consumers to resolve disputes with entrepreneurs using alternative dispute resolution methods. In order to ensure that

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Elliott, Mark, and Robert Thomas. "TRIBUNAL JUSTICE AND PROPORTIONATE DISPUTE RESOLUTION." Cambridge Law Journal 71, no. 2 (2012): 297–324. http://dx.doi.org/10.1017/s0008197312000505.

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AbstractThe tribunals system in England and Wales has been transformed by the entry into force of the Tribunals, Courts and Enforcement Act 2007; among other things, tribunals are now located more firmly and explicitly than ever before within the judicial branch. Questions concerning the relationship between tribunals and regular courts fall to be confronted afresh within this new institutional landscape. Those questions form the focus of this article, which is particularly concerned with the issue recently considered by the Supreme Court in Cart whether, and if so to what extent, decisions ta

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Riffel, Christian. "Does Investor-State Dispute Settlement Discriminate Against Nationals?" German Law Journal 21, no. 2 (2020): 197–222. http://dx.doi.org/10.1017/glj.2020.10.

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AbstractThis Article answers the question of whether investor-state dispute settlement (“ISDS”) discriminates against nationals by providing foreign investors with an extra avenue to challenge state measures. The complaint that ISDS is discriminatory as a matter of principle has surfaced before several European constitutional courts—including the German Federal Constitutional Court and the European Court of Justice—in connection with the ratification of the Comprehensive Economic and Trade Agreement between Canada and the European Union (“CETA”). This Article rejects this complaint. The Federa

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Yip, Man. "THE RESOLUTION OF DISPUTES BEFORE THE SINGAPORE INTERNATIONAL COMMERCIAL COURT." International and Comparative Law Quarterly 65, no. 2 (2016): 439–73. http://dx.doi.org/10.1017/s0020589316000051.

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AbstractThe jurisdictional framework of the Singapore courts has become more nuanced with the establishment of the Singapore International Commercial Court (SICC) on 5 January 2015 and the signing of the Hague Convention on the Choice of Court Agreements 2005 (Hague Convention) on 25 March 2015. Although the Hague Convention has yet to be incorporated in domestic law, it is expected this will happen in the near future. The SICC project, on the other hand, is part of Singapore's strategy to promote the jurisdiction as an international dispute resolution hub. In essence, the SICC is a domestic s

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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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Sharpe, Jeremy K. "The Future of International Claims Commissions: Conceptualizing the EU's Proposed Multilateral Investment Court as an International Claims Tribunal." Proceedings of the ASIL Annual Meeting 111 (2017): 102–5. http://dx.doi.org/10.1017/amp.2017.90.

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I want to consider the European Commission's proposed multilateral investment court as an international claims tribunal. The commission is not promoting its investment court as a claims tribunal, but that is essentially what it is. The commission seeks to establish a mechanism to allow foreign investors to submit future disputes under international law to binding dispute resolution before a standing tribunal. The proposed court differs from most claims tribunals, as it is intended to be multilateral and to apply to future disputes. But that is what makes the proposal so interesting and potenti

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Tanaka, Yoshifumi. "Note on the Interim Measures in the Indus Waters Kishenganga Arbitration." Law & Practice of International Courts and Tribunals 11, no. 3 (2012): 555–79. http://dx.doi.org/10.1163/15718034-12341240.

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Abstract On 17 May 2010, Pakistan initiated arbitration proceedings against India before a Court of Arbitration with regard to a dispute arising from the use of the river Kishenganga. The dispute involves the legality of India’s Kishenganga Hydro-Electric Project (KHEP) on the river Kishenganga/Neelam under the 1960 Indus Waters Treaty. In the Indus Waters Kishenganga Arbitration, Pakistan requested that the Court issue an order for interim measures, and, on 23 September 2011, the Court laid down certain interim measures on the basis of Article IX and Paragraph 28 of Annexure G to the Indus Wa

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Kulick, Andreas. "Let’s (Not) (Dis)Agree to Disagree!? Some Thoughts on the ‘Dispute’ Requirement in International Adjudication." Law & Practice of International Courts and Tribunals 19, no. 1 (2020): 79–106. http://dx.doi.org/10.1163/15718034-12341417.

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Abstract International courts and tribunals only enjoy jurisdiction to settle a ‘dispute’. ‘Dispute’ requires disagreement. However, what if the parties disagree over whether there actually exists such disagreement? What if, before the International Court of Justice, the respondent argues that there is no ‘dispute’ because it declined to react to the applicant’s contentions? In other words, can a disputing party avoid a dispute by playing dead? On the other hand, where does one draw the line in order to prevent the applicant from seizing an international court or tribunal where there is in fac

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Jopek-Bosiacka, Anna. "The Katyń court case." Journal of Argumentation in Context 5, no. 3 (2016): 271–314. http://dx.doi.org/10.1075/jaic.5.3.03jop.

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This paper examines the argumentation in the case Janowiec and Others vs. Russia, heard before the European Court of Human Rights in Strasbourg (ECtHR, or Court), primarily based on the hearings with additional references to the two judgments issued. The proffered analysis focuses on the types and forms of argumentation used in the counsels’ oral arguments, as well as their rhetorical strategies and tactics, as based on Douglas Walton’s argumentation schemes and Stephen Toulmin’s model of argumentation. The starting point of the analyzed dispute is the verbal classification of the subject of t

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Ogilvie, Margaret. "Judicial Restraint and Neutral Principles in Anglican Church Property Disputes: Bentley v Diocese of New Westminster." Ecclesiastical Law Journal 13, no. 2 (2011): 198–207. http://dx.doi.org/10.1017/s0956618x11000068.

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Anyone hoping that the British Columbia Court of Appeal, in Bentley v Anglican Synod of the Diocese of New Westminster would resolve the doctrinal and related property disputes in the Anglican Church of Canada (ACC) and even in the world-wide Anglican Communion over same-sex blessings must come away from the decision of Newbury JA for the unanimous court greatly disappointed: the court left the dispute exactly where it began – in the ACC. Conversely, anyone hoping that the court would do precisely that will be greatly relieved by this exercise of judicial self-restraint in the face of the many

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21

Rogacka-Łukasik, Anna. "Złożenie skargi przez konsumenta za pośrednictwem ODR (Online Dispute Resolution) – internetowego systemu rozstrzygania sporów." Opolskie Studia Administracyjno-Prawne 17, no. 1 (2019): 183–94. http://dx.doi.org/10.25167/osap.1504.

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ADR (Alternative Dispute Resolution), as a non-judicial resolution of disputes, is a wide range of mechanisms that aim to put an end to a conflict without the need of conducting a trial before the court. On the other hand, the modern form of ADR is ODR (Online Dispute Resolution) – an online dispute resolution system that is the expression of the newest means of communication and technical innovations in order to help in non-judicial dispute resolving. The goal of this publication is to present the ODR platform and, in particular, to describe the process of filing a complaint by the consumer b

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Anyebe, Peter Ademu. "Tax Disputes Resolution In Nigeria: Going Beyound The Traditional Court And Administrative Resolution System." Advances in Social Sciences Research Journal 6, no. 12 (2020): 236–52. http://dx.doi.org/10.14738/assrj.612.7574.

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It is the requirement of law that tax is paid. Therefore, the discharge of tax obligation in Nigeria is not by choice. In the process of the tax authorities who are authorized under the law to collect taxes from tax payers, disputes arise. The paper reveals that in its bid to lessen the incidents of tax evasion in Nigeria, the Federal Government carried out a major reform in its tax regime. Thus, the Tax Appeal Tribunal (TAT) was established to ensure fairness and transparency of the tax system through a quick and efficient method of dispensing justice. Appeal from there lies to the Federal Hi

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Abadi, Mohsen Hodssein, and Alireza Azadi Kalkoshki. "Formalities and Regulations Governing the Arbitration Proceedings in International Law." Journal of Politics and Law 10, no. 4 (2017): 108. http://dx.doi.org/10.5539/jpl.v10n4p108.

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The traditionally emergence of differences among people, common and perhaps it was natural and it is not usually considered in relations between individuals does not seem far-fetched idea origination dispute. With the growing human population and the natural growth of business and trade transactions between them and the complexity of certain fields of these transactions disputes arising from them, more and more widespread and sometimes even has been specialized. It went to the point in one of the last two centuries, several laws passed by the government to resolve the current dispute and with

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Evans, Malcolm D. "Decisions of International Tribunals: The International Court of Justice." International and Comparative Law Quarterly 51, no. 3 (2002): 709–18. http://dx.doi.org/10.1093/iclq/51.3.709.

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On 16 March 2001 the International Court of Justice gave judgment in what was then its most longrunning case. It was in 1987 that Qatar and Bahrain had begun a process of attempting to agree upon the submission of their differences to the Court, but although they were able to agree upon the subject matter in dispute, they could not agree upon its legal characterization and the manner in which the dispute should be placed before the Court. That notwithstanding, and basing itself upon the agreed minutes of a meeting held at Doha in December 1990, Qatar unilaterally instituted proceedings against

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Nuridzhanian, Gaiane. "Crimea in International Courts and Tribunals: Matters of Jurisdiction." Max Planck Yearbook of United Nations Law Online 21, no. 1 (2018): 378–403. http://dx.doi.org/10.1163/13894633_021001013.

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The events taking place in Crimea since early 2014 have given rise to a number of international disputes currently pending before international courts and tribunals. Ukraine instituted inter-State proceedings against Russia before the International Court of Justice, the European Court of Human Rights and an unclos Annex vii Tribunal. Seven investor-State cases have been commenced against Russia. The Prosecutor of the icc is conducting preliminary examination into the crimes allegedly committed in Crimea in 2014 and afterwards. Foreign courts have also had to deal with cases related to the anne

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Suhartono, Slamet. "Konstitusionalitas Badan Peradilan Khusus dan MK dalam Penyelesaian Sengketa Hasil Pilkada Langsung." Jurnal Konstitusi 12, no. 3 (2016): 503. http://dx.doi.org/10.31078/jk1234.

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In accordance with the decision of the Constitutional Court Number 97/PUU-XI/2013, the Constitutional Court is no longer authorized to resolve disputes on direct election results, because the provisions of Article 236C of Law Number 12 Year 2008 NRI are against the Constitution of 1945. Article 157 paragraph (1) Law No. 8 Year 2015 determines that the dispute settlement on direct election results become the authority of specialized judiciary. But before a specialized judiciary is formed, then the Constitutional Court is authorized to resolve disputes on direct election results. The authority o

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Harefa, Yonata, Haposan Siallagan, and Hisar Siregar. "URGENSI PEMBENTUKAN BADAN PERADILAN KHUSUS DALAM PENYELESAIAN SENGKETA HASIL PILKADA LANGSUNG." NOMMENSEN JOURNAL OF LEGAL OPINION 1, no. 01 (2020): 139–52. http://dx.doi.org/10.51622/njlo.v1i01.342.

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In accordance with the decision of the Constitutional Court Number 97 / PUU-XI / 2013, the Constitutional Court is no longer authorized to resolve disputes on direct election results, because the provisions of Article 236C of Law Number 12 Year 2008 NRI are against the Constitution of 1945. Article 157 paragraph (1) Law No. 8 Year 2015 determines that the dispute settlement on direct election results become the authority of specialized judiciary. But before a specialized judiciary is formed, then the Constitutional Court is authorized to resolve disputes on direct election results. The authori

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Odermatt, Jed. "Patterns of avoidance: political questions before international courts." International Journal of Law in Context 14, no. 2 (2018): 221–36. http://dx.doi.org/10.1017/s1744552318000046.

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AbstractInternational courts (ICs) have found themselves dealing with issues that are ‘political’ in nature. This paper discusses the techniques of avoidance ICs have developed to navigate such highly political or sensitive issues. The first part discusses some of the key rationales for avoidance. Drawing on the discussion of the political question doctrine in US constitutional law, it shows how ICs may justify avoidance on both principled and pragmatic grounds. It then discusses the different types of avoidance strategies employed by ICs, based on examples from the Court of Justice of the Eur

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Czapliński, Władysław. "Palestine v. US before the International Court of Justice?" Polish Review of International and European Law 8, no. 2 (2020): 47–75. http://dx.doi.org/10.21697/priel.2019.8.2.02.

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In December 2017, the administration of President D. Trump decided to move the US embassy in Israel from Tel Aviv to Jerusalem. On 28.09.2018, Palestine initiated proceedings against the US in connection with the said transfer. According to the ICJ Statute, only the parties of concern can take part in the case before the Court. However, it does open the way for non-member countries that had presented a declaration of submission to the Court’s jurisdiction, to observe. If there are any doubts as to the validity or effects of the declarations, they are decided by the ICJ. In the present case, do

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Meshel, Tamar. "A new transboundary freshwater dispute before the International Court of Justice." Water International 42, no. 1 (2016): 92–96. http://dx.doi.org/10.1080/02508060.2016.1249247.

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Boyle, Alan E. "Dispute Settlement and the Law of the Sea Convention: Problems of Fragmentation and Jurisdiction." International and Comparative Law Quarterly 46, no. 1 (1997): 37–54. http://dx.doi.org/10.1017/s0020589300060103.

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The entry into force of the 1982 United Nations Convention on the Law of the Sea (“UNCLOS”), on 16 November 1994, is probably the most important development in the settlement of international disputes since the adoption of the UN Charter and the Statute of the International Court of Justice. Not only does the Convention create a new international court, the International Tribunal for the Law of the Sea (“ITLOS”), it also makes extensive provision for compulsory dispute-settlement procedures involving States, the International Seabed Authority (“ISBA”), seabed mining contractors and, potentiall

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Rahman, Arif. "Penyelesaian Sengketa Konsumen melalui Badan Penyelesaian Sengketa Konsumen (BPSK) Kota Serang." Ajudikasi : Jurnal Ilmu Hukum 2, no. 1 (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, sim

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Hikmah, Nur, Darwinsyah Minin, and Isnaini Isnaini. "Mediasi Sebagai Alternatif Penyelesaian Sengketa Perdata di Pengadilan (Analisis Putusan Nomor. 52/PDT.G/2015/PN.RAP)." ARBITER: Jurnal Ilmiah Magister Hukum 1, no. 2 (2019): 194–201. http://dx.doi.org/10.31289/arbiter.v1i2.122.

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Peace is the most gentle answer as well as a win-win solutin, the existence of the basic law of mediation in Indonesia as an alternative to the dispute resolution outside the court can be seen in Article 130 HIR and Article 154 RBG which has set up a peace institution which then judges shall first reconcile the parties before the case is reviewed, as described in Article 130 HIR / 154 RBG and PERMA Number. 01 of 2008 on Mediation Procedures in Courts. The formulation of the problem is how the rules of mediation law as an alternative to the settlement of civil disputes in the Court, how the imp

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Ankersmit, Dr Laurens. "The Compatibility of Investment Arbitration in eu Trade Agreements with the eu Judicial System." Journal for European Environmental & Planning Law 13, no. 1 (2016): 46–63. http://dx.doi.org/10.1163/18760104-01301004.

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This article explores the legality of investment arbitration in eu trade agreements under eu law. Investor-state dispute settlement (isds), including the Investment Court System, allows foreign investors to challenge eu acts and decisions before investment tribunals and these tribunals may be faced with questions of eu law. Since this system of dispute resolution operates entirely outside the eu judicial framework and rivals with it, the powers of the courts of the Member States and that of the European Court of Justice may be adversely affected. This in turn could affect the uniform interpret

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De Brabandere, Eric. "Individuals in Advisory Proceedings Before the International Court of Justice: Equality of the Parties and the Court’s Discretionary Authority." Law & Practice of International Courts and Tribunals 11, no. 2 (2012): 253–79. http://dx.doi.org/10.1163/157180312x640679.

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Abstract The recent IFAD Advisory Opinion of the ICJ has resuscitated the long-standing question of the access of individuals to the Court in advisory proceedings when the Court is acting as a ‘review’ body for judgements rendered by administrative tribunals of international organizations. Under such circumstance, the ICJ is confronted with the existence of an actual underlying dispute between two parties, although only one of the parties to the original dispute may appear before the Court, thus creating an obvious inequality before the Court. This article examines the review procedure before

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Mustapha, Zakariya, Sherin Kunhibava, and Aishath Muneeza. "Court referral and Nigeria's Financial Regulation Advisory Council of Experts (FRACE)." ISRA International Journal of Islamic Finance 11, no. 2 (2019): 206–25. http://dx.doi.org/10.1108/ijif-11-2018-0126.

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Purpose This paper aims to highlight resolution of Islamic finance dispute by common law-oriented courts in Nigeria with respect to Sharīʿah non-compliance and legal risks thereof, as well as the lesson to learn from Malaysia in that regard. This is with view to ensuring Sharīʿah compliance and legal safety of Islamic finance practice as prerequisites for sustainability of the Nigerian Islamic finance industry. Design/methodology/approach A qualitative method was used; interviews were conducted with different categories of experts and primary data collected in relation to Sharīʿah non-complian

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Lavranos, Nikolaos. "MOX Plant Dispute – Court of Justice of the European Communities." European Constitutional Law Review 2, no. 3 (2006): 456–69. http://dx.doi.org/10.1017/s1574019606004561.

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It is uncommon for a provision of the EC Treaty to remain all but unnoticed for fifty years by both legal literature and the case-law of the European Court of Justice. However, that is what happened to Article 292 EC, which states that ‘Member States undertake not to submit a dispute concerning the interpretation or application of this Treaty to any method of settlement other than those provided for therein.’ This provision can be taken to mean that if a dispute arises between European Union member states involving Community law, they shall bring the dispute exclusively before the European Cou

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Ajibola, Bola A. "Case Analysis: Dispute Resolution by the International Court of Justice." Leiden Journal of International Law 11, no. 1 (1998): 123–30. http://dx.doi.org/10.1017/s0922156598000090.

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Over the years the International Court of Justice has come to play a mediative role in the settlement of disputes. This article focuses on the negotiation process by the International Court of Justice during the settlement of inter-state disputes. Various cases that were brought before the International Court of Justice are discussed to elaborate on this growing trend.

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Harris, Callista. "INCIDENTAL DETERMINATIONS IN PROCEEDINGS UNDER COMPROMISSORY CLAUSES." International and Comparative Law Quarterly 70, no. 2 (2021): 417–47. http://dx.doi.org/10.1017/s0020589321000075.

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AbstractA dispute brought before an international court or tribunal pursuant to a compromissory clause in a specific treaty may involve issues under rules of international law found outside of the treaty in question. In what circumstances can a court or tribunal determine such external issues? At present, there is no clear answer to this question. This article sets out a framework for how courts and tribunals exercising jurisdiction under compromissory clauses could approach external issues.

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Putrijanti, Aju. "The Control of Environment Management Through Administrative Court." E3S Web of Conferences 31 (2018): 09024. http://dx.doi.org/10.1051/e3sconf/20183109024.

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Environment is important in human life. Conflict of interest comes between development of economy sector, citizenship needs and Governance, as it becomes completely difficult to analyze. The environment’s lawsuit is increase from the beginning of the Court established. The duty of Administrative Court are to investigate, decide and settle administrative disputes. The Governance has to pay attention before issuing the Government’s decree by put principle of good governance as priority. The issue in this paper is strengthening the role of Administrative Court to maintain the environment reuse by

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Bornkamm, Paul Christoph. "State Immunity Against Claims Arising from War Crimes: The Judgment of the International Court of Justice inJurisdictional Immunities of the State." German Law Journal 13, no. 6 (2012): 773–82. http://dx.doi.org/10.1017/s2071832200020733.

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The recent judgment of the International Court of Justice (ICJ) in theCase Concerning Jurisdictional Immunities of the State(Germany v. Italy; Greece Intervening) marks the climax of a series of legal proceedings before Greek, Italian, and German courts, as well as the European Court of Human Rights (ECHR) stretching over a period of more than fifteen years. The international community had eagerly awaited the ICJ's findings on the issue at the heart of the dispute, namely the scope of state immunity before foreign courts in cases concerning claims arising from serious violations of internation

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Awmee, Devesh. "Nuclear Weapons Before the International Court of Justice: A Critique of the Marshall Islands v United Kingdom Decision." Victoria University of Wellington Law Review 49, no. 1 (2018): 53. http://dx.doi.org/10.26686/vuwlr.v49i1.5311.

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The International Court of Justice recently gave judgment in Obligations Concerning Negotiations Relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament. The case concerned three parallel claims brought by the Marshall Islands against India, Pakistan and the United Kingdom for their alleged failure to fulfil obligations concerning negotiations relating to the cessation of the nuclear arms race and nuclear disarmament under art VI of the Non-Proliferation Treaty and customary international law. The Court in all three proceedings dismissed the claims at the preliminary objectio

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Sugianto, Fajar, Felicia Christina Simeon, and Dea Prasetyawati Wibowo. "IDEALISASI SIFAT ALTERNATIF DALAM PENYELESAIAN SENGKETA MELALUI MEDIASI." Jurnal Hukum Bisnis Bonum Commune 3, no. 2 (2020): 253–65. http://dx.doi.org/10.30996/jhbbc.v3i2.3525.

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Abstract The purpose of the research is to make a law comparison related to disputes by mediation. This research is using normative method with empirical approach. Through this research the researcher offers an interesting development of dispute resolution through mediation where mediation is no longer used to settle disputes outside the court, but in it’s development mediation is also used to settle disputes in court, known as mediation in court. This phenomenon first developed in developed countries like United States before finally developed in Indonesia. Every people have their own various

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Minardi, Anton. "Two Lane Settlement of Sharia Economic Disputes Between Religious Court and National Sharia Arbitration Agency (BASYARNAS)." Indonesian Journal of Religion and Society 1, no. 2 (2020): 126–37. http://dx.doi.org/10.36256/ijrs.v1i2.66.

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The development of the sharia economy, particularly in the banking sector, both domestically and abroad, is very encouraging. Because of his young age and lack of adequate understanding of various economic practices, Sharia opens the possibility of strife. When there is a Sharia economic dispute, there are two institutions that have the authority to handle the settlement, namely the Religious Court and BASYARNAS. Both institutions, both the religious court and BASYARNAS, have advantages and disadvantages in handling Sharia economic disputes. Openness must be developed from various parties who

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Vannieuwenhuyse, Gauthier. "Bringing a Dispute Concerning ICSID Cases and the ICSID Convention Before the International Court of Justice." Law & Practice of International Courts and Tribunals 8, no. 1 (2009): 115–41. http://dx.doi.org/10.1163/157180309x429650.

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AbstractThe relationship between the ICSID and the ICJ was contemplated from the beginning of the drafting of the ICSID Convention. The ICSID Convention contains two mechanisms that regulate the legal framework of this relationship. First, a clause providing for the ICJ's jurisdiction in case of a dispute concerning the interpretation or application of the convention is included in Article 64 of the ICSID. This mechanism has never been used by any States. However, some controversial issues such as the scope of power of annulment committees or the denunciation of the ICSID Convention may have c

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Wingate, Emmanuel Onyedi, and Pontian N. Okoli. "Judicial Intervention in Arbitration: Unresolved Jurisdictional Issues Concerning Arbitrator Appointments in Nigeria." Journal of African Law 65, no. 2 (2021): 223–43. http://dx.doi.org/10.1017/s0021855321000103.

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AbstractParties find it difficult to determine which Nigerian High Court should intervene in the appointment of arbitrators due to conflicting judicial precedents. This perennial challenge has defied any legal solution. Considering relevant case law, this article examines the Arbitration and Conciliation Act (ACA) vis-à-vis the Nigerian Constitution. The main argument is that the Nigerian Constitution read alongside the ACA confers the Federal High Court with additional jurisdiction to appoint arbitrators regardless of which court has jurisdiction concerning the underlying dispute. There are a

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Novakovic, Marko, and Mihajlo Vucic. "A view of the judgement and interpretation of the international court of justice in the temple of Preah Vihear case." Medjunarodni problemi 66, no. 1-2 (2014): 51–70. http://dx.doi.org/10.2298/medjp1402051n.

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On 11th November 2013, the International Court of Justice issued a judgment regarding the request for Interpretation of the Judgment of 15th June 1962 in the case concerning the Temple of Preah Vihear, a border dispute between the Kingdoms of Cambodia and Thailand. In this article, the authors have elaborated both the original judgment and its recent interpretation. They begin by providing the historical context that led to the dispute before the Court. The main part of the article is dedicated to the legal analysis of the judgment and its interpretation. Special attention is given to the Cour

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Adam, Murat. "Taxation of Digital Companies: Experience of Russia and Other CountriesLegal Regulation of Non-Judicial Methods of Consideration and Resolution of Tax Disputes: Tax Ombudsman, Tax Arbitration and Mediation in Tax Disputes." Financial Law Review, no. 22 (2) (2021): 129–47. http://dx.doi.org/10.4467/22996834flr.21.016.14106.

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Probably, as in any state, in the sphere of legal regulation of relations between business and the state, the public interests of the state are always above the private interests of business. Any democratic and legal state, including Kazakhstan, is based on the principles of equality of all before the law and the court, as well as the rule of law. The tax legislation of Kazakhstan does not provide for a legal mechanism for the consideration of tax disputes arising between a taxpayer and an authorized state body by any non-judicial organizations. All tax disputes are subject to consideration on

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Bjelica, Renata. "Oral public hearing in an administrative dispute." Zbornik radova Pravnog fakulteta, Novi Sad 54, no. 1 (2020): 487–502. http://dx.doi.org/10.5937/zrpfns54-23384.

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The right to an oral public hearing is covered by the right to a fair trial as a right guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms as well as by the Constitution of the Republic of Serbia. In this sense, the Law on Administrative Disputes prescribes a rule for the court to establish the facts at an oral public hearing. This law prescribes exceptions to the rule, as well as cases in which the court will "always" and in which it is "obliged" to hold an oral public hearing. Analyzing the legal provisions, with reference to the relevant adminis

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Efimov, А. V. "Judicial Protection of the Rights of Consumers of Financial Services." Rossijskoe pravosudie 5 (May 25, 2021): 89–95. http://dx.doi.org/10.37399/issn2072-909x.2021.5.89-95.

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. The institution of a financial ombudsman significantly affects the procedure for protecting the rights of consumers of financial services. The problem is that the protection of consumer rights in the courts is complicated by the factual double mandatory pre-trial procedure for resolving a dispute, in which, before going to court, the consumer is obliged to contact a financial organizationand a financial ombudsman. The purpose of this article is to formulate a theoretical approach to the balance between consumer access to justice and the burden on the judicial system. Research objectives: cha

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