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Journal articles on the topic 'Dispute in literature'

Author: Grafiati

Published: 4 June 2021

Last updated: 4 February 2022

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1

RAZDYAKONOV, E. S., and I. N. TARASOV. "ARTICLE-BY-ARTICLE COMMENTARY TO THE ARBITRATION PROCEDURE CODE OF THE RUSSIAN FEDERATION (CHAPTER 28.1)." Herald of Civil Procedure 10, no. 5 (2020): 134–79. http://dx.doi.org/10.24031/2226-0781-2020-10-5-134-179.

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This article is the author’s text of the article-by-article commentary to the Arbitration Procedure Code of the Russian Federation, which has not been previously published in the legal literature. It takes into account the latest changes in procedural legislation, including on the delimitation of jurisdiction over corporate disputes between arbitration courts and courts of general jurisdiction, conciliation in corporate disputes and their arbitrability, notifying participants in a corporate dispute about litigation in such a dispute and determining the procedural status of participants in a co

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Kismantoro, Bayun, and Akhmad Khisni. "District Land Office Purworejo Role in Efforts To Solve Grants Dispute (Case 32 / Pdt.G / 2018 / PN. Pwr)." Jurnal Akta 6, no. 3 (2019): 461. http://dx.doi.org/10.30659/akta.v6i3.5105.

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The number of disputes in Purworejo regency, especially in the area of land would make the authors interested in examining disputes and conduct research on the consideration of the judges through decisions that have been stated. Land disputes, is anything that causes disagreements, discord or strife. Dispute is a continuation of the conflict, and the conflict itself is a dispute between two parties, but the dispute was only buried and can not be shown and when the dispute was notified to the other party will be disputed. The problems of this study are 1) How Purworejo District Land Office Role

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Liddicoat, Joy. "A country road: domain name disputes in .nz—is private dispute resolution working?" International Journal of Law and Information Technology 27, no. 4 (2019): 409–36. http://dx.doi.org/10.1093/ijlit/eaz013.

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Abstract Domain name dispute literature focuses largely on generic top level domains and the Uniform Dispute Resolution Policy. Country code top level domains (ccTLDs) attract far less commentary. This article addresses this gap with a detailed evaluation of one ccTLD dispute resolution system: .nz. Evaluation of domain name disputes presents unique challenges: there is no single system for resolving disputes, diverse legal tests apply across jurisdictions and categories of disputes vary. The article examines .nz in light of these challenges, developing and applying evaluation criteria to draw

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Cotillon, Hannah. "Territorial Disputes and Nationalism: A Comparative Case Study of China and Vietnam." Journal of Current Southeast Asian Affairs 36, no. 1 (2017): 51–88. http://dx.doi.org/10.1177/186810341703600103.

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In autocracies, nationalism appears to have merged with geopolitical thinking. In light of this geopoliticisation of nationalism, it is surprising that the literature has paid virtually no attention to the role of territorial disputes as a conditioning factor. The present study seeks to further enhance the field by factoring in the role of territorial disputes in triggering different expressions of nationalism. It develops an analytical framework for typologies of nationalism according to four territorial disputes: China's dispute with Vietnam over maritime territory in the South China Sea, Ch

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Gemilang, Aldean Tegar. "DAMPAK SENGKETA PULAU DOKDO/TAKESHIMA KOREA SELATAN - JEPANG TERHADAP PERKEMBANGAN HALLYU DI JEPANG." Global Political Studies Journal 3, no. 1 (2019): 32–51. http://dx.doi.org/10.34010/gpsjournal.v3i1.2003.

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This study aims to determine how the impact of the disputed Dokdo Island / Takeshima between South Korea and Japan on the development of Hallyu in Japan Year 2012-2015. The purpose of this study was to determine the impact of the disputed Dokdo / Takeshima between South Korea and Japan on the development of Hallyu in Japan after re-simmering dispute over Dokdo Island / Takeshima by the visit of South Korean President Lee Myung Bak in 2012. Methods The study was qualitative. Most of the data were collected through interviews, literature study, observation, documentation, and online data searche

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Dhiraj, Naeem Suleman, Muhammad Najihuddin Nasucha, Oussama Mohamed Alansary, and Abdullah Jamaluddin Alkhateeb. "Hybrid Dispute Resolution in Islamic Capital Market: A Malaysian Perspective." International Journal of Management and Applied Research 6, no. 4 (2019): 344–54. http://dx.doi.org/10.18646/2056.64.19-026.

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The objective of this paper is to explore dispute resolution mechanisms in the Islamic capital market. This paper examines out of court traditional dispute resolution mechanisms and innovative hybrid mechanisms for dispute resolution which could be more efficient and less time-consuming. This paper also looks at notable legal disputes relating to the Islamic capital market for the purpose of understanding the procedural challenges and inadequacies in the current legal system. Based on a literature review the authors of this paper note that the majority of Islamic capital market disputes could

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Tanriverdi, Cenk, Guzide Atasoy, Irem Dikmen, and M. Talat Birgonul. "CAUSAL MAPPING TO EXPLORE EMERGENCE OF CONSTRUCTION DISPUTES." JOURNAL OF CIVIL ENGINEERING AND MANAGEMENT 27, no. 5 (2021): 288–302. http://dx.doi.org/10.3846/jcem.2021.14900.

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Disputes, frequently encountered in construction projects, can substantially affect project success, necessitating a clear understanding of how and why disputes occur. Previous studies on disputes mostly yielded exhaustive lists or hierarchies of possible causes of disputes, which can hardly be used to understand how these causes come together to form a dispute. To address this gap, this study provides an alternative approach to understand the underlying causes of disputes, and their relationship within a specific context, using causal map analysis. This study is conducted using causal mapping

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Palanissamy, Ayyappan, and Kesava Moorthy. "Consumer Dispute Resolution in Cyberspace - Trends and Developments." International Conference on Advances in Business, Management and Law (ICABML) 2, no. 1 (2019): 120–27. http://dx.doi.org/10.30585/icabml-cp.v2i1.253.

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Developments and advancements in the ICT environment has led to high increase in electronic commerce. Cyber contractual disputes also emerge rapidly and this challenge the traditional consumer protection systems in terms of redressal and remedies. To protect consumers rights and interests, ADR mechanisms can be used which can overcome the difficulties confronted in the traditional litigation process. Dispute resolution in internet contracts can take place online either entirely or partly. There are various mechanisms available to resolve disputes which can protect disputants’ interests and rig

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Ilma, Dede Amar Udi, Fadia Fitriyanti, Faqih Ma’arif, Nasrun Baldah, and Bambang Utoyo. "STATE OF THE ART PERSELISIHAN KONTRAK KONSTRUKSI DI INDONESIA." INERSIA: lNformasi dan Ekspose hasil Riset teknik SIpil dan Arsitektur 16, no. 2 (2020): 158–70. http://dx.doi.org/10.21831/inersia.v16i2.36901.

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ABSTRAKPaper ini membahas tentang state of the art penyelesaian sengketa konstruksi di Indonesia yang meliputi jenis sengketa, indikasi potensi sengketa, dan perbandingan peraturan penyelesaian sengketa jasa konstruksi. Metode yang digunakan adalah mix method yang terdiri dari expert judgment, studi literatur dengan memperbandingkan riwayat penyelesaian perselisihan kontrak konstruksi mengacu kepada UU No.02/2017, Perpres No.16, UU No. 30 / 1999, dan PP No. 22/2020, dan Dispute Resolution Management Matrix (DRM-Matrix). Hasil analisis menunjukkan bahwa dua hal pokok penyelesaian sengketa yaitu

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Sudjana, Sudjana. "Efektivitas dan Efisiensi Penyelesaian Sengketa Kekayaan Intelektual melalui Arbitrase dan Mediasi berdasarkan Undang-Undang Nomor 30 Tahun 1999." Ajudikasi : Jurnal Ilmu Hukum 2, no. 1 (2018): 81. http://dx.doi.org/10.30656/ajudikasi.v2i1.598.

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This review discusses the effectiveness and efficiency of dispute resolution of intellectual property through Arbitration compared to Mediation under Law Number 30 of 1999.Approach method used is normative juridical, that is studying national legislation. Specific descriptive analytical research in the sense of describing the issues discussed and analyzed. The research stage is done through literature study to examine the primary law material such as Law Number 30 ofÂ 1999 Concerning Arbitration and Alternative DisputeÂ Resolution. Furthermore, secondary law material is done through expert opi

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Josipovič, Damir. "Hrvatsko-slovenska granica: pozadina određivanja i mijenjanja granica u Istri s obzirom na suvremene granične probleme." Geoadria 17, no. 1 (2012): 25. http://dx.doi.org/10.15291/geoadria.236.

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Boundary-making in Istria is an old undertaking. It has actually never ceasesed, not even today. Istrian peninsula has thus undergone substantial boundary shifts during the last couple of centuries (especially after the Venetian demise in 1797). But Istria carries its worldwide fame also due to one of probably the harshest disputes on the post-war European grounds – the Trieste territory dispute. In author's perspective, this dispute is one of the four main corner-stones of the current Slovenian-Croatian boundary dispute. The remaining three include the Kozler's boundary around Dragonja (Rokav

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Adawiyah, Robyatul, and Gunarto Gunarto. "Analysis of National Land Board Authority on Land Dispute Which have not been Registered in The Land Office of Samarinda." Jurnal Akta 5, no. 4 (2018): 897. http://dx.doi.org/10.30659/akta.v5i4.3730.

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According to Article 3 letter f Presidential Regulation No. 20 of 2015 stipulates that the National Land Agency performs functions include formulation and implementation of policies in the field of control and the handling of disputes and case land. Most of land that has not been registered in BPN Samarinda because of several problems, one status each land dispute. The purpose of this study was to analyze the authority BPN Samarinda on disputed land which has not been registered and analyzing obstacles and solutions. Metode approach used in this study is a sociological juridical approach. Mech

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Hadwiger, Felix. "Looking to the future." Transfer: European Review of Labour and Research 23, no. 4 (2017): 409–24. http://dx.doi.org/10.1177/1024258916679574.

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About 10 per cent of all global framework agreements include a reference to mediation or arbitration procedures. Therefore in 2016 the 105th International Labour Conference commissioned the ILO to assist global union federations and multinational companies in mediation and dispute settlement where appropriate. However, in the existing literature alternative dispute resolution constitutes uncharted territory when discussing mechanisms to strengthen compliance with global framework agreements. This article starts to fill this void, presenting six reasons for the growing necessity to start develo

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Lecercle, Jean-Jacques. "Dispute, Quarrel, Interpellation." Paragraph 40, no. 1 (2017): 5–27. http://dx.doi.org/10.3366/para.2017.0212.

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This essay starts from the theory of disputes and progresses towards a theory of ‘interpellation’, which it aims to outline. The starting point is given by Lyotard's differend, which provides a first contrast between dispute and quarrel. Dispute can be seen as the more irenic pole of a system where quarrel would be identified as clearly agonistic. The essay first revisits the differend in the light of Habermas's theory, which posits that discussions take place against the background of a lifeworld. This enables ways of conceptualizing both dispute, as emerging from the possibilities offered by

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Betz, Timm, and Andrew Kerner. "Real Exchange Rate Overvaluation and WTO Dispute Initiation in Developing Countries." International Organization 70, no. 4 (2016): 797–821. http://dx.doi.org/10.1017/s0020818316000278.

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AbstractWhy and when do developing countries file trade disputes at the World Trade Organization (WTO)? Although financial conditions have long been considered an important driver of trade policy, they have been largely absent from the literature on trade disputes. We argue that developing country governments bring more trade dispute to the WTO when overvalued real exchange rates put exporters at a competitive disadvantage. This dynamic is most prevalent in countries where large foreign currency debt burdens discourage nominal currency devaluations that would otherwise serve exporters’ interes

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Leland, Brian D., Alexia M. Torke, Lucia D. Wocial, and Paul R. Helft. "Futility Disputes: A Review of the Literature and Proposed Model for Dispute Navigation Through Trust Building." Journal of Intensive Care Medicine 32, no. 9 (2016): 523–27. http://dx.doi.org/10.1177/0885066616666001.

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Futility disputes in the intensive care unit setting have received significant attention in the literature over the past several years. Although the idea of improving communication in an attempt to resolve these challenging situations has been regularly discussed, the concept and role of trust building as the means by which communication improves and disputes are best navigated is largely absent. We take this opportunity to review the current literature on futility disputes and argue the important role of broken trust in these encounters, highlighting current evidence establishing the necessit

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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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Ticoalu, Maya Geil Theresia Berlian, Sisca Beatrix Kairupan, and Marthinus Mandagi. "Implementation of Law no. 2 of 2004 concerning the Settlement of Industrial Relations Disputes Amid the Covid-19 Pandemic in North Sulawesi Province." Technium Social Sciences Journal 22 (August 9, 2021): 24–34. http://dx.doi.org/10.47577/tssj.v22i1.4297.

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The COVID-19 outbreak at the beginning of 2020 shocked the world had a significant impact on the world community. The deadly virus, first discovered in Wuhan, China, killed thousands of people in various countries. Regulations or policies that the government has set are very influential in every sector and aspect of human life. Disputes or cases are possible in every human relationship. They were even considering that legal subjects have long known legal entities, the more parties involved in them. With the increasingly complex pattern of people’s lives, the scope of the incident or dispute ev

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Zhang, Lihan, Peter Fenn, and Yongcheng Fu. "To insist or to concede? Contractors’ behavioural strategies when handling disputed claims." Engineering, Construction and Architectural Management 26, no. 3 (2019): 424–43. http://dx.doi.org/10.1108/ecam-05-2018-0219.

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Purpose The purpose of this paper is to identify and analyse factors that affect contractors’ behavioural strategies in resolving disputed claims. Design/methodology/approach Factors were explored by a literature review and an open-ended questionnaire survey. In total, 9 hypotheses involving 12 factors were developed accordingly. Then a structured questionnaire survey was conducted, and 248 valid questionnaires were received from Chinese contractors. Partial least squares structural equation modelling was employed to test the hypotheses. Findings Factors that have the largest impacts on the co

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Jagannathan, Murali, and Venkata Santosh Kumar Delhi. "Perceptions of Stakeholders on the ‘Redraftability’ of Construction Contracts." IIM Kozhikode Society & Management Review 9, no. 2 (2020): 152–61. http://dx.doi.org/10.1177/2277975219885285.

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Disputes in construction projects have become an integral part of the construction process. In addition to reducing their productivity, disputes create mistrust between the involved parties. A variety of reasons that contribute to the occurrence of disputes in construction projects have been discussed in the literature. One among them is the nature of the construction contract that exists between the parties. A review of the existing literature brings to the fore two schools of thought regarding the drafting of construction contracts. While the traditional school considers the contract as thos

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Farmer, Kevin P., and Jane K. Miller. "The effect representatives have on their client's perceptions of justice and fair treatment in workplace dispute resolution processes." International Journal of Conflict Management 24, no. 1 (2013): 73–89. http://dx.doi.org/10.1108/10444061311296143.

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PurposeThe purpose of this paper is to present a theoretical framework for assessing the effects representatives have on their client's perceptions of justice, outcome and satisfaction, as well as the treatment received by clients from other stakeholders, in workplace dispute resolution processes.Design/methodology/approachResearch propositions are advanced based on constructs and theories drawn from the literature on organizational justice, in particular, as well as social psychology in general.FindingsRepresentatives are hypothesized to have a profound effect on their client's perceptions of

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Dahlan, N. Khalidah. "Alternative Dispute Resolution for Islamic Finance in Malaysia." MATEC Web of Conferences 150 (2018): 05077. http://dx.doi.org/10.1051/matecconf/201815005077.

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The law lays down rules that govern private disputes, self-help actions or open-conflicts that may occur in the society. Here, courts, tribunals, arbitration and other dispute resolution forums are the main secular institutions in dispensing just resolutions in a society. As important as the court proceedings, Alternative Dispute Resolution (ADR) process is neutral, it is like a judge who served as the finder of fact and decision maker for the parties involved. By adapting the ADR methods in resolving the disputes relating to Islamic financial products, this method will able to fulfil with the

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Oseni, Umar Aimhanosi. "Sharī‘ah court-annexed dispute resolution of three commonwealth countries – a literature review." International Journal of Conflict Management 26, no. 2 (2015): 214–38. http://dx.doi.org/10.1108/ijcma-06-2012-0050.

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Purpose – The purpose of this study is to examine the legal framework for court-annexed dispute resolution in courts with Sharī‘ah jurisdiction in Nigeria, Malaysia and Singapore. The major part of the study is dedicated to propose reforms in the administration of justice system in the courts with Sharī‘ah jurisdiction in Nigeria and the relevance of such reforms to the ongoing reforms in the Middle East and North African (MENA) countries. Design/methodology/approach – This is an integrative literature review, which adopts a comparative approach in analyzing the conceptual framework of amicabl

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Feng, Jiaojiao, and Pengxin Xie. "Is mediation the preferred procedure in labour dispute resolution systems? Evidence from employer–employee matched data in China." Journal of Industrial Relations 62, no. 1 (2019): 81–103. http://dx.doi.org/10.1177/0022185619834971.

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This study explores procedural preferences in the historical development of labour dispute resolution systems at the national level and employees’ pre-experience preference to resolve disputes at the individual level. Drawing on two datasets – one from national public statistics and one from China’s employer–employee matched data – we find that mediation has fluctuated in its use and efficacy, and it has re-emerged as an important method to stabilize labour relations. Employees choose internal mediation only if they feel that the enterprise’s mediation committee is selected fairly. Organizatio

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Abidin, Zainal, Zul Akli, and Johari J. "Perlindungan Hukum Terhadap Masyarakat yang Terpapar Limbah B3." REUSAM: Jurnal Ilmu Hukum 8, no. 2 (2021): 28. http://dx.doi.org/10.29103/reusam.v8i2.3660.

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This research examines the legal protection of people who are victims of the B3 madical waste. This research is a qualitative research with literature study. The main sources in this research are written sources in the form of books, research results, and laws which related to the issue. The results showed that the law provides protection to people who are exposed to the B3 madical waste, both criminal and civil law. When a dispute happening between the community and the company, the solution can be done in two ways, litigation and non-litigation. Settlement of environmental disputes through c

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Justwan, Florian, and Sarah Fisher. "Social Trust and Public Opinion about Territorial Disputes: Evidence from a Survey in India." Journal of Global Security Studies 5, no. 4 (2019): 617–33. http://dx.doi.org/10.1093/jogss/ogz044.

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Abstract This article explores the sources of public opinion about territorial disputes. Specifically, it investigates the impact of one particular character trait—social trust—on the policy preferences of Indian citizens in the context of the Sino-Indian dispute over Arunachal Pradesh/South Tibet. We argue that social trust shapes how a citizen thinks about a given territorial dispute and influences which policy options this individual favors in response to another country's claim. Our empirical analysis is based on original survey data collected in the National Capital Territory of Delhi (NC

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Adigita, Monicha Rossalia, Umar Ma’ruf, and Aryani Witasari. "The Role and Protection of Laws to Notary Related To the Dispute That Made Between the Parties." Jurnal Akta 6, no. 4 (2020): 783. http://dx.doi.org/10.30659/akta.v6i4.7631.

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The purpose of this study to determine and analyze: 1) Factors leading to disputes between the parties relating to the deed of Notary. 2) Role of relevant Notary Deed had made in the event of a dispute between the parties. 3) The legal protection against related Notary Deed which is made in the event of a dispute between the parties. Legally sociological research approach. The data in this study are primary data obtained from the field by means of interviews and secondary data consists of primary legal materials, secondary law and tertiary legal materials by means of literature. Data were then

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Czermińska, Małgorzata. "EUROPEAN UNION IN WTO’S DISPUTE SETTLEMENT SYSTEM." Roczniki Administracji i Prawa 4, no. XX (2020): 33–49. http://dx.doi.org/10.5604/01.3001.0014.8376.

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The World Trade Organisation (WTO) serves as a forum for co-operation, currently for as many as 164 countries, and in addition, it allows for the resolution, also amicably, of trade conflicts between parties, consequently, settling disputes between them. One of essential provisions of the Uruguay Round (UR) of the General Agreement on Tariffs and Trade (GATT) included the introduction of a new dispute settlement mechanism, that is to say, the Dispute Settlement Understanding (DSU), which became effective on 1 January 1995. Member States of the European Union were not only actively involved in

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Tanwir S. H., M. H., Dr Ranti Fauza Mayana, and Daniel Hendrawan, S. H., M. Hum., M.Kn. "ALTERNATIVE RESOLUTION OF INTELLECTUAL PROPERTY DISPUTES AS PART OF INVESTMENT IN THE CREATIVE INDUSTRY SECTOR UNDER INDONESIAN LAW." Humanities & Social Sciences Reviews 7, no. 5 (2019): 93–97. http://dx.doi.org/10.18510/hssr.2019.7512.

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Purpose: The amount of investment in Indonesia both foreign and domestic increases in number each year. One of the growing investment in Indonesia is the creative industry. Creativity from this creative industry produces a variety of works protected by intellectual property. The development of intellectual property law advanced rapidly. One form of intellectual property is copyright. The many interests in the implementation of this copyright cause some problems and disputes. Indonesia itself recognizes some non-court settlement disputes namely arbitration and mediation so that intellectual pro

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Glavanits, Judit. "Dispute Resolution That Divides: The EU -USA Conflict on Investment -State Dispute Resolution." Białostockie Studia Prawnicze 25, no. 3 (2020): 43–53. http://dx.doi.org/10.15290/bsp.2020.25.03.03.

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Abstract Investment -state dispute resolution has been a hot topic recently, as we can observe a shift in the international trade agreements – both on the side of politics and economics. The European Union has started to negotiate several new trade agreements – some succeeded, some failed, and among the latter we find the TTIP with the USA. This article focuses on the neuralgic point of ISDS in the trade policy of the EU and the USA and summarizes the arguments for and against the ISDS mechanism reflecting also on the latest scientific literature and statistics.

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Musjtari, Dewi Nurul, Benny Riyanto, and Ro’fah Setyowati. "REFORMULATION OF MEDIATION IN DISPUTE SETTLEMENT ON ISLAMIC BANKING." Humanities & Social Sciences Reviews 7, no. 4 (2019): 184–94. http://dx.doi.org/10.18510/hssr.2019.7424.

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Purpose of the study: The general objective of this study was to explore the potential of the mediation process as a reformulation of Islamic banking dispute settlement after the Supreme Court Regulation (SCR) on mediation procedure in the court. On the one hand, this study tries to find a repositioning of mediation procedures in resolving disputes over Islamic Banking in religious courts. Methodology: This research was normative and empirical. The data collection techniques of this literature would be done utilizing literature study and field research. Primary data was obtained through

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McGuinness, Margaret E. "International Dispute Settlement in an Evolving Global Society: Constitutionalization, Accessibility, Privatization." Canadian Journal of Political Science 39, no. 1 (2006): 221–23. http://dx.doi.org/10.1017/s0008423906419995.

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International Dispute Settlement in an Evolving Global Society: Constitutionalization, Accessibility, Privatization, Francisco Orrego Vicuña, Cambridge: Cambridge University Press, 2005, pp.xxiii, 156.This compilation of the author's 2001 Hersch Lauterpacht Memorial Lectures at Cambridge provides a comprehensive overview of the methods and modes of international dispute settlement. Included in the broad survey are the central public and private dispute resolution processes at the United Nations and the International Court of Justice (ICJ), regional arrangements, national jurisdictions and priv

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Gunawan, Yordan, Desi Nur Cahya Kusuma Putri, Ravenska Marchdiva Sienda, Sigit Rosidi, and Ami Cintia Melinda. "PAKISTAN-INDIA CONFLICT AND THE RIGHT OF SELF-DETERMINATION OF KASHMIR." Diponegoro Law Review 6, no. 1 (2021): 139–56. http://dx.doi.org/10.14710/dilrev.6.1.2021.139-156.

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The dispute in Jammu and Kashmir has been tensed by the revocation of Article 370 of the Indian Constitution by the Indian government in the end of 2019. The existence of Kashmir has become one of matters as the main focus between India-Pakistan conflicts. People are under diverse senses of de facto and de jure martial law. Estimated from 1990, thereabouts 70,000 people have been killed, 8,000 people have been subjected to enforced disappearances, thousand of them also victims of repressive laws and Indian security forces humiliate the protestors and detainees frequently. The research is norma

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Betancourt, Julio Cesar. "Reexaminando la noción de Resolución Alternativa de Disputas (ADR) en el contexto del derecho de acceso a la justicia ‘no jurisdiccional’ = Reexamining the notion of Alternative Dispute Resolution (ADR) in the context of the right of access to ‘non-jurisdictional’ justice." CUADERNOS DE DERECHO TRANSNACIONAL 10, no. 2 (2018): 211. http://dx.doi.org/10.20318/cdt.2018.4376.

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Resumen: La noción de “Resolución Alternativa de Disputas”, generalmente conocida como “ADR”, ha recibido una importante acogida por parte de la literatura del common law y lo mismo puede decirse en cuanto sus principales categorías (negociación, mediación y arbitraje). ADR, lato sensu, se refiere a la idea de utilizar toda una gran variedad de mecanismos no jurisdiccionales destinados a prevenir, manejar, resolver o solucionar conflictos intersubjetivos. De modo que la expresión resolución alternativa de disputas es, en cierta manera, insuficiente para suministrar una visión integral de toda

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Wolff, Patrick M., and O. Randall Braman. "Traditional dispute resolution in Micronesia." South Pacific Journal of Psychology 11, no. 1 (1999): 44–53. http://dx.doi.org/10.1017/s0257543400000742.

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AbstractTraditional approaches to dispute resolution in Micronesia offer elements of reconciliation that are practical and essential for maintaining peaceful relationships on a small island. These elements include family involvement, ritualistic processes, symbolism, mediation, and restitution. Using information gathered through interviews and an observation of a simulation, and by reviewing literature related to cultural differences in general, this paper introduces these elements, describes their application in real life and ceremonial events, and discusses theoretical connections with the c

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Resmiyanti, Titi, Akhmad Khisni, and Achmad Sulchan. "Dispute over Double Certificate on the National Land Agency of Indramayu District." Jurnal Akta 6, no. 4 (2020): 703. http://dx.doi.org/10.30659/akta.v6i4.7577.

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The purpose of this study was to: 1) Analyze the dispute resolution on dual certificates in the National Land Agency Indramayu district, 2) Barriers and Solutions Upon completion of Certificate Associate at the National Land Agency Indramayu district.The approach used in this paper is empirical sociological juridical with the help of primary data or empirical data as the main data. Sociological research empirical law is a legal research methods that identify and conceptualize law as a social institution rill and functional in a real life system. The data collection was obtained by interview an

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Esfandiari, Fitria, and Sholahuddin Al Fatih. "INITIATING A PERMANENT ELECTORAL BODY TO RESOLVE DIGNIFIED ELECTION DISPUTES: ASSESSING THE EFFECTIVENESS OF GAKKUMDU." Yustisia Jurnal Hukum 9, no. 3 (2020): 333. http://dx.doi.org/10.20961/yustisia.v9i3.44437.

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<em>This study aimed to evaluate ineffectiveness in the process of resolving electoral disputes through Gakkumdu in simultaneous elections in 2019. However, in practice there are difficulties in handling the consequences of criminal norms and technical rules which are not clearly formulated, causing differences of opinion in resolving election disputes. The approach method used by the author with normative juridical approach method (legal Research) through literature study using primary legal data namely Law Number 7 of 2017 on Elections, KPU Regulation and Court Decision related to elec

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Khawaja, Ebad Ur Rehman, and Abdelhakim Mustapha. "Mitigating Disputes and Managing Legal Issues in the Era of Building Information Modelling." Journal of Construction in Developing Countries 26, no. 1 (2021): 111–30. http://dx.doi.org/10.21315/jcdc2021.26.1.6.

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Construction disputes are inevitable. They often arise between project stakeholders for numerous reasons and to resolve them, construction professionals adopt various dispute resolution methodologies. This study aims to identify the role of building information modelling (BIM) in mitigating such disputes and addresses the legal barriers faced by the architecture, engineering and construction (AEC) industry while adopting BIM. The study reveals that disputes can be mitigated and managed efficiently with the intervention of BIM, as BIM offers various designing, planning, estimating, collaboratin

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Djawas, Mursyid, and Sri Astuti Abdul Samad. "Conflict, Traditional, and Family Resistance: The pattern of Dispute Resolution in Acehnese Community According to Islamic Law." SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam 4, no. 1 (2020): 65. http://dx.doi.org/10.22373/sjhk.v4i1.5271.

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This study discusses the resolution of disputes through adat and family security in Acehnese society according to Islamic law. The problems examined are the pattern of resolving family conflicts through adat mechanisms in Aceh; The relationship between resolving conflicts through adat and family resilience in Aceh and a review of Islamic law towards resolving family conflicts through adat in Aceh. This study uses a qualitative approach, which is to explain, describe, and analyze in-depth the results of research. Data collection techniques used were literature study and interviews with informan

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Susan Penfold, P. "Mendacious Moms or Devious Dads? Some Perplexing Issues in Child Custody/Sexual Abuse Allegation Disputes." Canadian Journal of Psychiatry 40, no. 6 (1995): 337–41. http://dx.doi.org/10.1177/070674379504000610.

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Objective To explore relevant literature about sexual abuse allegations arising in child custody disputes. Method A literature review of false allegations is given and the contribution of gender bias to this issue is discussed. The role a child psychiatrist may play in such cases is outlined. Results Contrary to much popular and professional opinion, sexual abuse allegations are found in only 2% of child custody disputes, and, of these, 8% to 16.5% are false. While false allegations arise for a variety of reasons, the word “false” can imply both erroneous and deceitful activities. This ambigui

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Fattore, Christina. "Domestic legal traditions and the dispute settlement body." Journal of International Trade Law and Policy 13, no. 2 (2014): 123–35. http://dx.doi.org/10.1108/jitlp-10-2013-0029.

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Purpose – The purpose of this study is to focus on the influence of domestic legal traditions on dispute behavior, which has been widely examined in the conflict literature, within the World Trade Organization (WTO). States with a civil legal tradition hold treaties and agreements in high esteem. Therefore, they will be more likely to file trade complaints and pursue adjudication when compared to states with common or mixed legal traditions. Design/methodology/approach – The hypotheses in this study have been tested using a quantitative test with data from the WTO regarding trade disputes. Fin

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Aji, Fellista Ersyta. "The Meaning of the Expansion of Administrative Court that Covers Factual Actions." Journal of Law and Legal Reform 1, no. 1 (2019): 177–92. http://dx.doi.org/10.15294/jllr.v1i1.35417.

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The Administrative Court and Law No. 5 of 1986 on State Administrative Justice have been provided facilities for the public to sue the government and ask to cancel the decision made by the government. Law No. 30 of 2014 on Government Administration has been stipulated that Government Administration Act more or less supersedes the provisions contained in the Law of the State administrative justice. Especially in this Law which attracts attention is the expansion of object disputes state Administration. The object of the state Administration dispute in this Act is different from its elements to

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Herlambang, Dian, and Muhammad Ridho Wijaya. "PENYELESAIAN SENGKETA PERBANKAN BERKAITAN DENGAN PERLINDUNGAN KONSUMEN." PRANATA HUKUM 15, no. 1 (2020): 22–29. http://dx.doi.org/10.36448/pranatahukum.v15i1.215.

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The economy is one aspect of human life that is vulnerable to offense and even evil in it. As the development of the electronic world and the turnover of global money increasingly fast, demanded that people connect with other parties that are banking institutions to manage the money he has. It can be utilized by the person who is not responsible for dredge profit by utilizing the weakness of the banking system both using conventional and electronic media use. The problem in this article is how the banking dispute resolution mechanism relates to consumer protection? The approach to the problem

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Arsyam, Arsyam, Siti Musyahidah, and Malkan Malkan. "Islamic Law Perspective on Settlement of Inheritance Disputes." INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY 3, no. 1 (2021): 15–27. http://dx.doi.org/10.24239/ijcils.vol3.iss1.25.

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This study discusses the process of inheritance dispute resolution in the Religious Court of Palu City. This study is a literature review study. While the approach used in this study is a normative approach, which is based on the texts of the Qur'an, Al-Hadith and a juridical approach, which is based on the compilation of Islamic law and the Law of Religion Court authority. This research data analysis method uses an inductive pattern, which is an analysis that departs from concrete facts or events in the decisions of the Religious Courts even to the Supreme court then general conclusion was dr

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Adeuti, Bosede Remilekun. "Resolving Office Establishment Dispute in Nigeria through Alternative Dispute Resolution Mechanism: An Evolving Regime." Sriwijaya Law Review 5, no. 1 (2021): 115. http://dx.doi.org/10.28946/slrev.vol5.iss1.826.pp115-129.

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This paper examines contemporary issues in Office Establishment Dispute Resolution Mechanism in Nigeria. It explores strategic ways of resolving such office establishment dispute which has remained an intractable problem in Nigeria. The objective is to examine litigation challenges in settlement of this office dispute in Nigeria and other developing countries. This paper argues that adopting Alternative Dispute Resolution Mechanism in Office Establishment Dispute is not only a programmatic goal to be attained in the long term but rather an immediate obligation that is preferable to litigation

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Liyanage, Kananke Chinthaka. "The Regulation of Online Dispute Resolution: Effectiveness of Online Consumer Protection Guidelines." Deakin Law Review 17, no. 2 (2013): 251. http://dx.doi.org/10.21153/dlr2012vol17no2art78.

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Regulation of online dispute resolution (ODR) has become an important element in the conceptualisation of its role as an appropriate dispute resolution mechanism. Given the lack of specific legislation regarding ODR nationally and internationally, there is a growing tendency towards seeking appropriate regulatory models for its regulation in the ODR literature, international organisations, governments and the private sector. While recognising the valuable contributions made in all these fields, this article maps the regulatory approaches for ODR adopted by governments in the Guidelines for Con

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Press, Sharon. "Alternative Dispute Resolution (ADR): A Critical Review of the Recent Literature." Justice System Journal 14, no. 2 (1991): 257–64. http://dx.doi.org/10.1080/23277556.1991.10871129.

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Azizah, Agustine. "Kajian Yuridis Putusan Mahkamah Agung dalam Penyelesaian Sengketa Pada Perusahaan Leasing Dengan Badan Penyelesaian Sengketa Konsumen." Jurnal Panorama Hukum 6, no. 1 (2021): 1–10. http://dx.doi.org/10.21067/jph.v6i1.5093.

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The purpose of this study for reviewed the dispute resolution between the finance company and the consumer decided by BPSK in the case of Supreme Court Decision Number 210 K/Pdt.Sus-BPSK/2015 and examine the consideration of the Supreme Court Judge stating that BPSK is not authorized to decide case in between consumer financing companies.This research is normative descriptive who use secondary data and collecting data use literature study. Data analysis use interactive model.The result of the research indicates that the Supreme Court Decision Number 210 K/Pdt.Sus- BPSK/2015 in the case of spec

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Hamid, Nor’Adha Bt Abdul, Mohamad Hafifi Hassim, and Tuan Nurhafiza Raja Abdul Aziz. "Non-Adversarial Dispute Resolutions: Studying Of Japanese Non-Litigious Country And Society." Advances in Social Sciences Research Journal 7, no. 8 (2020): 188–201. http://dx.doi.org/10.14738/assrj.78.8779.

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In line with the changing of times, the transition from small-scale trade to global trade has invoked changes to the existing trade system to a more challenging one. This has made the impact being felt by the consumers. Users are getting more repressed in many forms of trade that are becoming more and more challenging besides testing the intellectual capabilities of consumers. The latest trading trend needs a change in its dispute resolution system to become more efficient and meet the demands of consumers and traders. The current trade scenario as well as the rise in matters of consumerism ha

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Chaphalkar, Nitin Balkrishna, and K. C. Iyer. "Factors influencing decisions on delay claims in construction contracts for Indian scenario." Construction Economics and Building 14, no. 1 (2014): 32–44. http://dx.doi.org/10.5130/ajceb.v14i1.3766.

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Construction industry in India is second largest next to agriculture. In current era of infrastructure development construction projects occupy a key position. In any construction project contract time and cost overrun is a common feature, which gives rise to claims leading to disputes. These disputes if not handled properly tend to consume time and money of all parties to the contract. To resolve the dispute in optimum time, it is essential to understand the root cause of disputes as early as possible. Hence there is a need of analyzing the disputes scientifically. The present study reveals f

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