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Journal articles on the topic 'Dispute resolution (Law) – Swaziland'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

Wang, Zhiqiong June, and Jianfu Chen. "From alternative dispute resolution to pluralist dispute resolution: towards an integrated dispute-resolution mechanism in China." International Journal of Law in Context 16, no. 2 (June 2020): 165–80. http://dx.doi.org/10.1017/s1744552320000129.

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AbstractSince 1978, we have observed the steady development of institutions, mechanisms and processes of dispute resolution in China. In the last ten years or so, we then noted frequent issuance of new rules and measures as well as revision of existing laws, the promotion of mediation as the preferred method for resolving disputes and, more recently, the promotion of an integrated dispute-resolution system as a national strategy for comprehensive social control (as well as for resolving disputes), in the name of reforming and strengthening ‘the Mechanism for Pluralist Dispute Resolution’. Careful examination of these latest developments suggests that fundamental changes are taking place that may potentially alter the course of the development of the Chinese dispute-resolution system. These developments are the focus of this paper with an aim to ascertain the nature of the developments and their future direction or directions.

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2

Mueller, Tracy Gershwin. "Alternative Dispute Resolution." Journal of Disability Policy Studies 20, no. 1 (June 5, 2008): 4–13. http://dx.doi.org/10.1177/1044207308315285.

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3

Zariski, Archie. "Judicial Dispute Resolution in Canada: Towards Accessible Dispute Resolution." Windsor Yearbook of Access to Justice 35 (May 30, 2018): 433–62. http://dx.doi.org/10.22329/wyaj.v35i0.5789.

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This article argues that access to judges is an essential element of access to justice. Traditional civil litigation procedure aimed at preparation for trial that is complex, time-consuming and costly obstructs such access, especially for litigants without lawyers. To remedy this, the author proposes a summary judicial dispute resolution procedure comprising two stages: early judicial intervention followed by judicial dispute resolution that is determinative if necessary. At both points litigants would be given the opportunity to settle their dispute consensually, thus combining principles of self-determination with final disposition according to law. The proposal draws on and extends contemporary innovations in Canadian courts concerning summary proceedings and binding judicial dispute resolution. The new procedure should improve access to judges and thus access to justice.

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4

Fernandez, Carmen Collar, and Jerry Spolter. "International Intellectual Property Dispute Resolution." Journal of World Intellectual Property 1, no. 3 (November 1, 2005): 555–69. http://dx.doi.org/10.1111/j.1747-1796.1998.tb00021.x.

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5

D’Almeida, Giselle Beran Medella. "‘Digital family justice - from alternative dispute resolution to online dispute resolution?’." Journal of Social Welfare and Family Law 43, no. 2 (April 3, 2021): 231–33. http://dx.doi.org/10.1080/09649069.2021.1917706.

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6

Zhao, Y. "Environmental Dispute Resolution in China." Journal of Environmental Law 16, no. 2 (February 1, 2004): 157–92. http://dx.doi.org/10.1093/jel/16.2.157.

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7

Mustill, Lord. "Judicial Processes and Alternative Dispute Resolution." Israel Law Review 30, no. 3-4 (1996): 350–72. http://dx.doi.org/10.1017/s0021223700015168.

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8

Zhao, Yun. "A Dispute Resolution Mechanism for Cybersquatting." Journal of World Intellectual Property 3, no. 6 (November 1, 2005): 849–65. http://dx.doi.org/10.1111/j.1747-1796.2000.tb00156.x.

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9

Shavell, Steven. "Alternative Dispute Resolution: An Economic Analysis." Journal of Legal Studies 24, no. 1 (January 1995): 1–28. http://dx.doi.org/10.1086/467950.

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10

Connerty, Anthony. "Alternative Dispute Resolution in Small States∗." Commonwealth Law Bulletin 34, no. 2 (June 2008): 365–81. http://dx.doi.org/10.1080/03050710802038494.

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11

Melling, Tom. "Dispute Resolution within Legislative Institutions." Stanford Law Review 46, no. 6 (July 1994): 1677. http://dx.doi.org/10.2307/1229168.

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12

Woodman, Gordon R. "The alternative law of alternative dispute resolution." Les Cahiers de droit 32, no. 1 (April 12, 2005): 3. http://dx.doi.org/10.7202/043064ar.

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The perceptions afforded by the study of legal pluralism assist an understanding of the full scope and the social and moral significance of alternative dispute resolution. The latter term includes all modes and forms of dispute resolution within the legal order of the state other than the usual forms of adjudication by the ordinary courts. These modes may be classified in relatively wide and fluid categories as other forms of adjudication, and arbitration, mediation and negotiation. However, alternative dispute resolution also includes instances of all these processes which are not established, adopted, or made effective by the state. The study of legal pluralism throughout the world shows that almost everywhere are many such instances, generated within many semi-autonomous social fields other than the state, and falling into all the listed categories. The study of legal pluralism further suggests that the different dispute settlement processes are likely to be associated with different bodies of legal norms. There is evidence that to some extent alternative state processes employ different bodies of laws. The evidence also shows that non-state processes employ bodies of norms which always differ, and may differ widely from those of state law. While legal centralism denies these norms the name of "laws", there seems no good reason not to classify such rules and principles, which order relations within social fields other than the state, as "customary law", or by some similar term. Alternative dispure resolution processes have been lauded as enhancing the effectiveness of the law, providing wider access to justice or law. However, if the argument presented here is correct, it is not sufficient to represent them as implementing "the law". Rather each implements a different variety of law. The social functions of these different laws of different dispute resolution processes, both state and non-state, vary, and so need investigation in each particular case. Whether any law is to be approved as affecting power relations in the society concerned is similarly a matter for investigation. While it has been suggested that alternative dispute resolution processes can confer on the weak and underprivileged an opportunity to assert their interests, it has been argued against such a view that they may provide opportunities for the already powerful to increase their powers, free of the restraining influence of regular state courts. On the other hand, state processes may at certain historical moments be manipulated by the weak to their advantage. Non-state processes may, also in special circumstances, empower collectively the members of the social fields in which they operate.

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13

Chinkin, C. M., and Romana Sadurska. "Learning About International Law Through Dispute Resolution." International and Comparative Law Quarterly 40, no. 3 (July 1991): 529–50. http://dx.doi.org/10.1093/iclqaj/40.3.529.

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14

Witkin, Nathan. "Co-resolution: A cooperative structure for dispute resolution." Conflict Resolution Quarterly 26, no. 2 (September 2008): 239–56. http://dx.doi.org/10.1002/crq.231.

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15

Kawano, Masanori. "Arbitration as a transnational business dispute resolution." Acta Juridica Hungarica 49, no. 3 (September 2008): 299–303. http://dx.doi.org/10.1556/ajur.49.2008.3.4.

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16

LEWIS, R., and K. Ewing. "The Employment Rights (Dispute Resolution) Act 1998." Industrial Law Journal 27, no. 3 (September 1, 1998): 214–19. http://dx.doi.org/10.1093/ilj/27.3.214.

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17

Glasser, Cyril, and Simon Roberts. "Dispute Resolution: Civil Justice and its Alternatives." Modern Law Review 56, no. 3 (May 1993): 277–81. http://dx.doi.org/10.1111/j.1468-2230.1993.tb02672.x.

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18

Nadar, Aisha. "Islamic Finance and Dispute Resolution: Part 1." Arab Law Quarterly 23, no. 1 (2009): 1–29. http://dx.doi.org/10.1163/157302509x395623.

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AbstractThe Islamic Financial Industry is an industry that organises financial services in accordance with Islamic Law, in the same way as the traditional financial industry is organised in accordance with secular law. The unique challenges facing the industry in terms of compliance with Islamic law have been internationally recognised in relation to capital adequacy, risk management, corporate governance, transparency and disclosure. The same, however, has not been true in the area of dispute resolution. The purpose of this paper is to identify the unique challenges facing Islamic finance in compliance with Islamic law in the ambit of English courts, evaluate the features of international commercial arbitration as they relate to overcoming these challenges, and provide some suggestions for going forward. The paper is structured as follows: Section 1 will be used to introduce Islamic finance and frame the issues facing the industry in relation to dispute resolution. Section 2 will focus on providing the background required, while Section 3 frames Islamic finance in relation to conventional finance. Section 4 will provide an insight into Islamic law.

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19

Nadar, Aisha. "Islamic Finance and Dispute Resolution: Part 2." Arab Law Quarterly 23, no. 2 (2009): 181–93. http://dx.doi.org/10.1163/157302509x415701.

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AbstractThe Islamic Financial Industry is an industry that organises financial services in accordance with Islamic Law, in the same way as the traditional financial industry is organised in accordance with secular law. The unique challenges facing the industry in terms of compliance with Islamic law have been internationally recognised in relation to capital adequacy, risk management, corporate governance, transparency and disclosure. The same, however, has not been true in the area of dispute resolution. The purpose of this paper is to identify the unique challenges facing Islamic finance in compliance with Islamic law in the ambit of English courts, evaluate the features of international commercial arbitration as they relate to overcoming these challenges, and provide some suggestions for going forward. The paper is structured as follows. Section 1 will provide a discussion on governing law of contract and the limitations imposed by English courts on party autonomy. Section 2 discusses International commercial arbitration as an alternative dispute resolution forum. Section 3 presents some ideas for going forward, within the context of historical lessons. Finally the paper presents some conclusions in Section 4.

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20

Feulner, Gary R., and Amjad Ali Khan. "Dispute Resolution in the United Arab Emirates." Arab Law Quarterly 1, no. 3 (1985): 312–18. http://dx.doi.org/10.1163/157302585x00527.

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21

Feulner, Gary R., and Amjad Ali Khan. "Dispute Resolution in the United Arab Emirates." Arab Law Quarterly 1, no. 3 (May 1986): 312. http://dx.doi.org/10.2307/3381752.

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22

Gill, Chris, Jane Williams, Carol Brennan, and Carolyn Hirst. "Designing consumer redress: a dispute system design (DSD) model for consumer-to-business disputes." Legal Studies 36, no. 3 (September 2016): 438–63. http://dx.doi.org/10.1111/lest.12116.

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This paper proposes a model for designing consumer dispute resolution (CDR) mechanisms (including conciliation, adjudication, arbitration and ombuds schemes). This field has expanded significantly in recent years, replacing courts as the primary forum of dispute resolution in some areas of consumer-to-business activity. This expansion has been ad hoc, with a lack of consistency in the design of CDR mechanisms and in the overall shape of the CDR landscape. In light of the recent implementation of the EU's Directive on Consumer Alternative Dispute Resolution and Regulation on Consumer Online Dispute Resolution, Dispute System Design (DSD) requires urgent attention to ensure that the design of future mechanisms is based on coherent principles. A failure to address this issue risks undermining the legitimacy of state-sanctioned dispute resolution. The model described in this paper proposes a systematic approach and aims to: synthesise existing DSD models; apply the concepts of DSD to the field of CDR; and provide a framework that may be of use in other disputing contexts.

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23

Rosenberg, Joshua D., and H. Jay Folberg. "Alternative Dispute Resolution: An Empirical Analysis." Stanford Law Review 46, no. 6 (July 1994): 1487. http://dx.doi.org/10.2307/1229164.

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24

Walton, Douglas, and David M. Godden. "Persuasion Dialogue in Online Dispute Resolution." Artificial Intelligence and Law 13, no. 2 (June 2005): 273–95. http://dx.doi.org/10.1007/s10506-006-9014-0.

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25

Adelman, Madelaine. "Alternative Dispute Resolution Jus 470." PoLAR: Political html_ent glyph="@amp;" ascii=""/ Legal Anthropology Review 22, no. 1 (May 1999): 142–46. http://dx.doi.org/10.1525/pol.1999.22.1.142.

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26

Bookman, Pamela K., and Matthew S. Erie. "Experimenting with International Commercial Dispute Resolution." AJIL Unbound 115 (2021): 5–10. http://dx.doi.org/10.1017/aju.2020.78.

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In this essay, we describe the overlapping phenomena of new legal hubs (NLHs), international commercial courts, and arbitral courts. We survey their impact on the law and geopolitics of international commercial dispute resolution, identifying key issues these new dispute resolution institutions raise. While the rise of international commercial courts spans authoritarian and liberal states, Western and Asian states, common law and civil law traditions, it also highlights and builds upon regional differences. We question the assumption that the establishment of new courts is always consistent with an increase in the rule of law, particularly in non-democratic states. We close with thoughts about the potential influence and future role of these institutions. Some of the procedural innovations discussed here may lead to shifts in international commercial dispute resolution for years to come, but the question of whether there is sufficient demand for these new institutions lingers.

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27

Kawamura, Ai. "New Dispute Resolution Approach and Models for Islamic Finance." Arab Law Quarterly 34, no. 2 (January 30, 2020): 141–66. http://dx.doi.org/10.1163/15730255-14030058.

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Abstract This article aims to clarify two pioneering models for Islamic financial dispute resolution, which have been developed in the United Arab Emirates (UAE) and in Malaysia. The models have emerged from different political economic backgrounds and legal histories. In addition, this article discusses issues regarding alternative dispute resolution (ADR) systems for Islamic finance in the UAE and in Malaysia and will also feature diversification of the Islamic financial market through the dispute resolution system.

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28

RAHIMI, Haroun. "To Sue or Not to Sue: How Afghan Merchants Strategically Choose to Use or Avoid Courts." Asian Journal of Comparative Law 14, no. 2 (November 12, 2019): 211–44. http://dx.doi.org/10.1017/asjcl.2019.35.

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AbstractThis article explores how and why Afghan merchants choose to use courts or informal dispute resolution methods. It goes beyond the common corruption and inefficiency arguments, which maintain that Afghans do not use courts because they are corrupt and inefficient. It leverages rich, original data on variation of dispute resolution practices across provinces and types of disputes to gain insights into Afghan merchants’ dispute resolution decisions. In so doing, I reveal a more complex picture of commercial dispute resolution in Afghanistan. In this article, I demonstrate that Afghan merchants do choose courts when courts enforce the parties’ expectations and courts’ judgments are necessary and effective. Moreover, while Afghan merchants do prefer informal dispute resolution methods, they do so because informal methods hold important advantages over courts in the context of Afghanistan where the formal property rights system is a failure, and the business climate is highly volatile.

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29

Wang, Faye F. "Online Dispute Resolution Simulation." Amicus Curiae 2, no. 2 (March 1, 2021): 216–36. http://dx.doi.org/10.14296/ac.v2i2.5254.

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Online dispute resolution (ODR) simulation workshops are designed to provide students with a virtual learning environment that empowers our students to gain legal and digital skills for their readiness in future employment. Students are invited to act as complainants, opponents and arbitrators/mediators to resolve a real-life case in a team-based, student-centred and research-informed teaching and learning environment. The ODR simulation workshops have been conducted by the author among both undergraduate and postgraduate law students since 2007 at Brunel University and other places. This ongoing project was initially funded by the Nominet Trust in 2010. Throughout these years, ODR simulation workshops have been well-received by students from different cultures, particularly where English is not their first language. Students were asked to conduct online arbitration or mediation hearings and submit arbitral awards and mediation settlements, as well as delivering technical observation notes and group presentations after the process. This article promotes the use of ODR simulation to effectively enhance students’ learning experience, legal skills (i.e. critical thinking, legal reasoning, problem-solving skills) and digital skills. It puts ODR simulation into the context of the shift in teaching approaches in the digital age and explains how modern legal education can be shaped to prepare for digital lawyering. Keywords: online dispute resolution; online arbitration; digital literacy; digital empowerment; artificial intelligence; digital lawyering; flexible learning; team-based learning; student-centred learning, research-informed teaching.

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30

MacNeil, Roderick W. "Contract in China: Law, Practice, and Dispute Resolution." Stanford Law Review 38, no. 2 (January 1986): 303. http://dx.doi.org/10.2307/1228698.

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31

Henry, Stephen F. "Dispute resolution center flourishes at Willamette Law School." Alternatives to the High Cost of Litigation 3, no. 11 (November 1985): 9–18. http://dx.doi.org/10.1002/alt.3810031115.

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32

Kornbeck, Jacob. "Dispute Resolution in Sport: Athletes, Law and Arbitration." Sport, Ethics and Philosophy 11, no. 4 (May 28, 2017): 477–80. http://dx.doi.org/10.1080/17511321.2017.1332678.

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33

Tjukup, K., P. R. A. Potra, and P. A. H. Martana. "Environmental Dispute Resolution Through Class Action Lawsuit." Journal of A Sustainable Global South 1, no. 1 (February 14, 2020): 16. http://dx.doi.org/10.24843/jsgs.2017.v01.i01.p05.

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The procedural law of Class Action is a legal concept known in the Anglo-Saxon legal system (Common Law). Whilst this concept is not recognised in the Continental European legal system (Civil Law), likewise in Indonesian civil procedure that based on Herzien Inlandsch Reglement (H.I.R) and Rechtsreglement voor de Buitengewesten (RBg). Initially, the procedural law of class action in Indonesian legal system was arranged consecutively under Law No. 23 of 1997 (Environmental Protection Law), Law No. 8 of 1999 on Consumer Protection and Law No. 41 of 1999 on Forestry. The arrangement of class action lawsuit in the substantive law was inspired by the recognition of class action lawsuit in the United States through Article 23 of the US Federal Rule of Civil Procedure prescribing that the requirements for filing class action lawsuit are as follows: numerosity, commonality, typicality, and adequacy of representation. In Indonesia there is no procedural law setting out the class action lawsuit, thus Supreme Court Regulation No. 1 of 2002 was enacted. The replacement of Law No. 23 of 1997 (Environmental Protection Law) by Law No. 32 of 2009 (Environmental Protection and Management Law) allows the application of the class action with reference to this Supreme Court Regulation. The arrangement of class action lawsuit in the Supreme Court Regulation No. 1 of 2002 still encounters many challenges in its application. The initial process i.e. certification is very decisive whether the lawsuit can be accepted or is qualified as a class action lawsuit. In conjunction with this, the judges' active role is very important whilst waiting for a specific and adequate legislation to establish the class action procedure. Meanwhilst, the judges are supposed to patch up the Supreme Court Regulation No. 1 of 2002. Keywords: Environmental Disputes, Procedural Law, Class Action Lawsuit

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34

Gabuthy, Yannick. "Online Dispute Resolution and Bargaining." European Journal of Law and Economics 17, no. 3 (May 2004): 353–71. http://dx.doi.org/10.1023/b:ejle.0000028641.96459.51.

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35

Mansyur, M. Ali, and Hutrin Kamil. "KAJIAN HUKUM ONLINE DISPUTE RESOLUTION (ODR) DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 30 TAHUN 1999." Jurnal Pembaharuan Hukum 1, no. 2 (August 1, 2014): 111. http://dx.doi.org/10.26532/jph.v1i2.1461.

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Alternative dispute resolution (ADR) is an out of court dispute resolution. that the parties to the dispute by mutual agreement freely choose the form and procedures contained in the alternative dispute resolution and will be applied in the dispute resolution. One of the breakthrough by using a model of online arbitration, which is known as Online Dispute Resolution (ODR), so that the disputing parties can resolve anywhere he is. This research uses normative juridical approach, an approach to positive law or regulations reserved. By analyzing and evaluating legislation. Online dispute resolution process consists of: The parties agreed in the form of an agreement to resolve the dispute through arbitration online. Although legally, Online Dispute Resolution is not expressly provided in the Act No. 30 of 1999, does not mean there can be applicable in Indonesia. But the arbitrators and judges can use the method of the invention to overcome this law.

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36

Ballard, Allison, and Patricia Easteal. "(Alternative) Dispute Resolution and Workplace Bullying." Alternative Law Journal 41, no. 2 (June 2016): 105–9. http://dx.doi.org/10.1177/1037969x1604100208.

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37

Hassan, Kamal Halili. "Employment Dispute Resolution Mechanism from the Islamic Perspective." Arab Law Quarterly 20, no. 2 (2006): 181–207. http://dx.doi.org/10.1163/026805506777585658.

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38

Sims, John. "New approaches to dispute resolution." Computer Law & Security Review 3, no. 1 (May 1987): 9–10. http://dx.doi.org/10.1016/0267-3649(87)90073-2.

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39

Gillies, Peter. "Cross border Internet dispute resolution." Computer Law & Security Review 25, no. 5 (September 2009): 502–3. http://dx.doi.org/10.1016/j.clsr.2009.07.004.

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40

Rasyid, Abdul. "Relevance of Islamic Dispute Resolution Processes in Islamic Banking and Finance." Arab Law Quarterly 27, no. 4 (2013): 343–69. http://dx.doi.org/10.1163/15730255-12341267.

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Abstract In the Islamic legal system, the ways in which disputes are resolved generally fall under two categories. The first category is through litigation, namely in Islamic courts (al-qaḍāʾ or adjudication), and the second is through amicable means such as negotiation, conciliation and compromise (naṣīḥah or sincere advice), mediation (ṣulḥ), arbitration (taḥkīm), mediation along with arbitration (ṣulḥ and taḥkīm), an ombudsman (muḥtasib), expert determination (Mufti’s fatwā, pl. fatāwā), etc. These mechanisms are called alternative dispute resolution (ADR) that refers to a range of dispute resolution processes which are alternative to traditional litigation. Over time, the term ADR is now coming to mean ‘appropriate dispute resolution’ or the most appropriate resolution process in the given circumstances. One of the principal goals of ADR is to provide parties with choices for the effective and efficient resolution of disputes. The above-mentioned dispute resolution processes have different characteristics. This article will discuss only the relevant mechanisms with a view to examine how far they may be suitable to resolve Islamic banking and finance disputes effectively, cheaply and quickly.

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41

Mommers, Laurens. "Legitimacy and the Virtualization of Dispute Resolution." Artificial Intelligence and Law 13, no. 2 (June 2005): 207–32. http://dx.doi.org/10.1007/s10506-006-9012-2.

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42

Tyler, Melissa Conley, and Jackie Bornstein. "Accreditation of on-line dispute resolution practitioners." Conflict Resolution Quarterly 23, no. 3 (2006): 383–404. http://dx.doi.org/10.1002/crq.145.

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43

Pely, Doron. "Honor: The Sulha's main dispute resolution tool." Conflict Resolution Quarterly 28, no. 1 (September 2010): 67–81. http://dx.doi.org/10.1002/crq.20013.

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44

Bingham, Lisa B. "Employment dispute resolution: The case for mediation." Conflict Resolution Quarterly 22, no. 1-2 (2004): 145–74. http://dx.doi.org/10.1002/crq.96.

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45

Butler, Petra. "Foreword: International Dispute Resolution in New Zealand." Victoria University of Wellington Law Review 46, no. 4 (December 1, 2015): 1175. http://dx.doi.org/10.26686/vuwlr.v46i4.4887.

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This article is the foreword to this issue of the Victoria University of Wellington Law Review ('VUWLR') containing the New Zealand Law Foundation Dispute Resolution Fellowship Lectures from 2013 to 2015. International dispute resolution is central to New Zealand's future as a trading nation that has always looked to the wider world, and the yearly international dispute resolution week is now an established part of the yearly legal calendar. This issue of the VUWLR contains innovative and insightful discussions into the world of international arbitration.

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46

al-Humaidhi, Hamad. "Ṣulḥ: Arbitration in the Arab–Islamic World." Arab Law Quarterly 29, no. 1 (March 5, 2015): 92–99. http://dx.doi.org/10.1163/15730255-12341291.

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Ṣulḥ, the basis of dispute resolution in the Arab world, is governed not only by rules of law and legal process. Relational factors and the notion of collective interests such as family, tribe, community, country, religion, and race, also come into play. Harmony within the culture is perceived as a duty on its members, including third-party interveners: i.e., a judge, arbitrator, or conciliator. For this reason, regional implementation of alternative dispute resolution techniques should take into consideration collective interests as well as ṣulḥ as core of the Islamic system in order to resolve the dispute while maintaining familial, religious, and community ties. This article discusses the history of ṣulḥ, its foundations and implementation within the Arab–Islamic region. The conclusion will draw a distinction between the Arab view of ṣulḥ versus alternative dispute resolution in the West.

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47

Ott, Rachael. "Online Dispute Resolution: Review of Initiatives Worldwide." Computer Fraud & Security 2000, no. 5 (May 2000): 13–15. http://dx.doi.org/10.1016/s1361-3723(00)05023-5.

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48

Ho¨rnle, Julia. "Online Dispute Resolution: The Emperor's New Clothes?" International Review of Law, Computers & Technology 17, no. 1 (March 2003): 27–37. http://dx.doi.org/10.1080/1360086032000063093.

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49

Leenes, Ronald. "Introduction: Online Dispute Resolution and Data Protection." International Review of Law, Computers & Technology 21, no. 2 (July 2007): 79–80. http://dx.doi.org/10.1080/13600860701664371.

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50

Othman, Arez Mohammed Sediq. "Dispute Resolution in Petroleum Contracts." Journal of University of Human Development 4, no. 4 (October 6, 2018): 36. http://dx.doi.org/10.21928/juhd.v4n4y2018.pp36-41.

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Premeditated handling of settling disputes is one of the main issues that international parties have to take into consideration in concluding contracts. Having effective dispute resolution provisions is one of the key factors that will lead to success in international agreements. In the recent years, the Kurdistan Region of Iraq has made lots of transactions in petroleum industry by concluding many international agreements with various international companies in the energy sector. Negotiation, mediation and arbitration have been adopted by the Kurdistan Regional Government in details, through its Oil and Gas Law No.28 of 2007 and signed production sharing contracts, as means of dispute resolution. Nonetheless, having less experience in this field has weakened the position of the host government in front of foreign companies. Moreover, the recent case of Dana Gas versus Kurdistan Regional Government has proven this fact; it was an indication that the Kurdistan Region has to be more cautious when it comes to regulate the terms and conditions of the contracts with the international companies, particularly in dispute resolution part. This paper will shed light on the available mechanisms to resolve every kind of disputes between the conflicted parties, with the specific focus on Kurdistan Region. Investigating the effectiveness and enforceability of alternative dispute resolution mechanisms is another major part of this paper.

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