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Journal articles on the topic 'Dispute Resolution Mechanism'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 July 2025

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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 (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’. Care

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Meng, Haoqing. "The US-China BIT: Enhancing Dispute Settlement Mechanism." Advances in Economics, Management and Political Sciences 81, no. 1 (2024): 279–84. http://dx.doi.org/10.54254/2754-1169/81/20241537.

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This article critically examines the inadequacies of the International Centre for Settlement of Investment Disputes (ICSID) and the intricacies surrounding the divergent strategies employed by the United States and China in managing investor-state disputes. Given the lack of an explicit dispute resolution mechanism in the envisioned US-China Bilateral Investment Treaty (BIT), the paper advocates for a comprehensive strategy for shaping future agreements. It proposes integrating UNCITRAL Arbitration Rules as an alternative to ICSID; the inclusion of ad hoc Arbitration Panels is recommended for

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Lei, Li. "Study on International Dispute Settlement Mechanism." International Journal of Arts and Social Science 4, no. 4 (2023): 201–5. https://doi.org/10.5281/zenodo.7743387.

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Commercial disputes involving “One Belt, One Road” have obvious uniqueness, and to properly resolve commercial disputes and local conflicts, the existing international dispute resolution mechanism has a large gap. In order to properly resolve commercial disputes and resolve conflicts locally, the existing international dispute resolution mechanism has a large gap, drawing on and absorbing the existing dispute resolution mechanism and building a dispute resolution mechanism specifically for the “Belt and Road”, which is not only necessary to promote the construction of t

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Kasatkina, Marina. "Dispute Resolution Mechanism for Smart Contracts." Masaryk University Journal of Law and Technology 16, no. 2 (2022): 143–62. http://dx.doi.org/10.5817/mujlt2022-2-2.

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Disputes regarding smart contracts are inevitable, and parties will need means for dealing with smart contract issues. This article highlights the need for dispute resolution mechanisms for smart contracts. The author provides analysis of the possible mechanisms to solve disputes arising from smart contracts, namely dispute resolution by traditional arbitration institutions and blockchain arbitration. Article acknowledges the benefits and challenges of both mechanisms. In the light of this, the author concludes about instituting a hybrid approach aimed at resolving disputes that will not stymi

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Li, Wei Fang. "The Study on EPC Engineering Contract Dispute and Resolution Mechanism." Applied Mechanics and Materials 584-586 (July 2014): 2581–84. http://dx.doi.org/10.4028/www.scientific.net/amm.584-586.2581.

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As EPC engineering generally have long construction period,technically complex and other characteristics, disputes in construction projects inevitably become a major problem troubled owners and contractors. This paper focuses on the causes of EPC engineering contract dispute and resolution mechanism. The countermeasures of how to build the DAB dispute resolution mechanism of the EPC contract are proposed,by analyzing the constraints in the implementation of the DAB dispute resolution mechanisms.

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Ramteke, Nandkishor K. "Challenges before ADR (Alternative Dispute Resolution) Mechanism in India." RESEARCH REVIEW International Journal of Multidisciplinary 05, no. 02 (2020): 01–03. https://doi.org/10.5281/zenodo.3786882.

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Alternative Dispute Resolution is a generic term used to describe a range of procedures designed to provide ways to resolving a dispute as an alternative to court procedures. This paper discussed various modes of ADR mechanisms exist in India for resolving disputes outside the courts. Arbitration, conciliation, mediation and Lok Adalat technique of Alternative Disputes Resolution has been used by many countries for effective disputes resolution. This paper highlights the reasons behind introduction of ADR mechanism and laws relating to settlement of dispute in India. This paper also highlights

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Singh, Vaishali. "Arbitrability of Intellectual Property Dispute: A Pragmatic Dispute Resolution Mechanism." International Journal of Science and Research (IJSR) 12, no. 12 (2023): 1945–47. http://dx.doi.org/10.21275/sr231225231619.

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Hao, Haiyan. "Research on Dispute Settlement Mechanism of Economic and Trade Cooperation Between China, Mongolia and Russia." Asian Social Science 17, no. 5 (2021): 42. http://dx.doi.org/10.5539/ass.v17n5p42.

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The dispute resolution mechanism of economic and trade cooperation between China, Mongolia and Russia is a kind of dispute resolution mechanism specially used to solve the disputes of economic and trade cooperation between China, Mongolia and Russia. It is not only has the practical necessity, but also has the political and legal feasibility. The main problems of the dispute resolution mechanism are that the dispute resolution methods are too scattered, the dispute resolution basis is too old, and the cohesion and effectiveness of the dispute resolution methods are poor. Under the guidance of

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Utama, Meria, and Irsan Irsan. "General Overview on Selecting and Drafting Construction Contract Disputes Resolution." Sriwijaya Law Review 2, no. 2 (2018): 152. http://dx.doi.org/10.28946/slrev.vol2.iss2.129.pp152-169.

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A good international contract as the experts considered is the most complicated one the parties must draft carefully. It involves many stakeholders and containing documents to attach likewise financial judgment, technical specifications, work scope, rights, obligation, responsibility and other external factors which are beyond the parties’ consideration. A good design contract will prevent the parties from disputes. The dispute settlement mechanisms should be explicitly stated in the international construction contract. The nullity of the choice dispute settlement mechanisms or in the absence

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Polenchuk, Mariia Dmitrievna. "Tax Treaty Dispute Resolution Procedures." Налоги и налогообложение, no. 2 (February 2023): 52–69. http://dx.doi.org/10.7256/2454-065x.2023.2.38324.

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The subject of the work is a comparative analysis of the OECD approach and the EU approach to the resolution of international tax disputes. The research is conducted on the basis of the provisions of the OECD Model Tax Convention, the OECD Multilateral Tax Convention, the EU Arbitration Convention and the EU Directive. The purpose of the work is to find the most effective mechanism for resolving international tax disputes in terms of ensuring the protection of taxpayers' rights in the dispute resolution procedure. The methodological basis of the work was made up of general scientific (analysis

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Saeb, Abdollah, Mohd Suhaimi Mohd Danuri, Othman Mohamed, and Norhanim Zakaria. "A Mechanism for Dispute Resolution in the Iranian Construction Industry." Journal of Construction in Developing Countries 26, no. 1 (2021): 205–26. http://dx.doi.org/10.21315/jcdc2021.26.1.10.

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If disputes are not resolved promptly, they tend to become prolonged and escalated, creating a more complicated and less manageable scenario. Therefore, in this study, we formulated a mechanism for dispute resolution in the Iranian construction industry based on alternative dispute resolution methods. The formulated mechanism could aid disputing parties in the construction industry to settle their disputes more effectively and enhance dispute resolution methods in construction standard forms. To achieve this goal, we collected qualitative data using semi-structured interviews with 30 experts w

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Liang, Yizhuang. "Analysis Of the Suspension of WTO Dispute Resolution Mechanism." Highlights in Business, Economics and Management 20 (November 30, 2023): 688–94. http://dx.doi.org/10.54097/hbem.v20i.13316.

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The WTO dispute resolution mechanism, established in 1971, has been instrumental in resolving trade disputes and protecting parties' interests. However, since December 11, 2019, the mechanism has been suspended due to the United States' obstruction of new judge appointments. With only one judge remaining in the Dispute Settlement Body (DSB), the mechanism's effectiveness is at risk. This paper explores the reasons for the suspension and its implications on the international trade environment. It also examines the proposed Multi-Party Interim Arrangement (MPIA) as an alternative dispute resolut

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Hassan, Mumtaj, and Marina Hj. Hashim. "DISPUTE RESOLUTION MECHANISM IN AN INDUSTRIAL RELATIONS IN MALAYSIA: A REVIEW." International Journal of Law, Government and Communication 5, no. 19 (2020): 85–94. http://dx.doi.org/10.35631/ijlgc.519006.

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Employers, employees, and trade unions are in reliance on each other. Any acrimonious between employers, employees, and trade unions exigently to be resolved to maintain a harmonious industrial relationship. The parties have the option either to resolve the said dispute through the mechanism of alternative dispute resolutions of the court of law. Therefore, the objective of this paper is to discuss the alternative dispute resolutions with particular reference to the Industrial Relations Act 1967. The methodology used in this paper is pure legal research and data is collected from decided cases

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Muhammad, Dr Nasiruddeen. "Resolution of Maritime Disputes: Ad-hoc vs Institutional Mechanisms." International Conference on Advances in Business, Management and Law (ICABML) 2, no. 1 (2019): 189–92. http://dx.doi.org/10.30585/icabml-cp.v2i1.281.

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The maritime industry had for long, recognized the relevance and significance of arbitration as a method of dispute resolution. The industry has been utilizing quasi-ad-hoc mechanism in conducting its arbitrations. Of recent, the industry is witnessing a phenomenal shift from the traditional quasi –ad-hoc mechanism to institutional mechanisms whereby special administrative centers dedicated to the resolution maritime disputes are being established to administer the dispute resolution. Recently, the government of Dubai in the United Arab Emirates, pursuant to Decree No (14) of 2016 had establis

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Adetoyese Latilo, Ngozi Samuel Uzougbo, Munachi Chikodili Ugwu, Portia Oduro, and Onoriode Reginald Aziza. "Managing cross-border disputes in telecommunications: A case study approach." International Journal of Management & Entrepreneurship Research 6, no. 8 (2024): 2708–30. http://dx.doi.org/10.51594/ijmer.v6i8.1415.

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Managing cross-border disputes in telecommunications is a complex challenge that involves navigating diverse legal frameworks, regulatory environments, and cultural contexts. This paper provides an overview of the case study approach used to explore effective strategies for managing such disputes, focusing on key insights and practical solutions. The study examines a series of case studies involving cross-border disputes in the telecommunications sector, highlighting the unique challenges and intricacies of resolving conflicts that span multiple jurisdictions. These disputes often arise from i

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Pan, Xueyao, and Guizi Li. "Feasibility Analysis of the Integration of Guangdong Online Dispute Resolution (ODR) Mechanism and University Talent Resources." World Journal of Education and Humanities 6, no. 4 (2024): p115. http://dx.doi.org/10.22158/wjeh.v6n4p115.

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In recent years, online dispute resolution mechanisms have penetrated people's lives with the development of the Internet. Online dispute resolution mechanism not only efficiently solves the disputes of various contradictions of the parties, but also greatly alleviate the pressure of the court due to the lack of judicial resources and high cost, at the same time, the online dispute resolution platform is also faced with the dilemma of the lack of high-quality mediation talents. This paper mainly analyses the feasibility of the introduction of local university human resources into the Guangzhou

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Liu, Yuru, and Yan Wan. "Consumer Satisfaction with the Online Dispute Resolution on a Second-Hand Goods-Trading Platform." Sustainability 15, no. 4 (2023): 3182. http://dx.doi.org/10.3390/su15043182.

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With the development of internet-related technology, more and more consumers are trading on second-hand platforms. However, due to the uncertainty of second-hand products, there are a lot of transaction disputes on the platform. It is important to efficiently solve the transaction disputes on the platform. Based on the comment data on social media, this paper systematically studies the public opinion towards the online dispute resolution of Xianyu, China’s largest second-hand goods-trading platform, using word-frequency analysis, theme analysis and sentiment analysis. The study found that onli

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Zuo, Xiangbin, Nur Khalidah Dahlan, and Haniff Ahamat. "Online dispute resolution mechanism for cross-border e-commerce: Empirical evidence from China." Journal of Infrastructure, Policy and Development 8, no. 9 (2024): 6096. http://dx.doi.org/10.24294/jipd.v8i9.6096.

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With the rapid development of global e-commerce, cross-border e-commerce has become an important force in promoting international trade and economic globalization. Due to the rapid development of cross-border e-commerce, the number of online disputes is gradually increasing. These disputes demonstrate their complexity and diversity in terms of legal application, evidence acquisition, and enforcement. Tmall Global is a cross-border e-commerce platform under the Chinese e-commerce giant Alibaba Group. This study takes Tmall Global as an example to analyze the characteristics of disputes on this

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Taramountas, Konstantinos. "The Mutual Agreement Procedure: Coordinating the Global Tax Orchestra." LSE Law Review 4 (June 1, 2019): 39–62. http://dx.doi.org/10.61315/lselr.31.

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The OECD and G20, via the Base-Erosion and Profit Shifting (BEPS) project, have recently taken measures under Action 14 to improve tax dispute resolution mechanisms by promoting the timely resolution of treaty-related disputes via the Mutual Agreement Procedure (MAP). The purpose of this article is to understand how the existing tax dispute resolution mechanism works in the context of the MAP and to evaluate its suitability, effectiveness and efficiency. In this context, this article examines whether the emergence of new legal technology could complement the MAP and supplementary arbitration,

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Zheng, Pai, and Ningze Xie. "China’s First One-Stop Aviation Dispute Resolution Platform in Shanghai: Recent Development." Air and Space Law 48, Issue 4 /5 (2023): 419–44. http://dx.doi.org/10.54648/aila2023053.

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Integrating a diversified dispute resolution mechanism into civil and commercial aviation dispute resolution has become an emerging trend, aiming to allow the disputing parties to have access to all available dispute resolution alternatives in a convenient, efficient and cost-effective manner. In China, the most recent development regarding the integration of a diversified dispute resolution mechanism that combines arbitration, mediation and litigation specific to aviation disputes, as evidenced by the creation of the first One-Stop Aviation Dispute Resolution Platform (hereinafter ‘One-Stop A

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Islamiyati, Dewi Hendrawati, Aisyah Ayu Musyafah, Asma Hakimah, and Ruzian Markom. "Religious Practices of Land Endowment: Examining Reform and Dispute Resolution Alternatives of Land Waqf in Indonesia and Malaysia." International Journal of Public Policy and Administration Research 9, no. 3 (2022): 71–78. http://dx.doi.org/10.18488/74.v9i3.3204.

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The research aimed to analyze the land waqf dispute resolution mechanisms in Indonesia and Malaysia to provide the Indonesian government with ideas regarding land waqf dispute resolution laws. The approach adopted was a comparative study that highlights the mechanisms and models of waqf dispute resolution in Indonesia and Malaysia. The results show that the Indonesian waqf dispute resolution mechanism comprises two approaches: juridical and sociological. The juridical approach is based on Waqf Law No. 41 of 2004, Article 62. Meanwhile, the sociological approach is based on local wisdom and pol

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Ke, Zhihan. "Limited Practical Effect of APEC ODR: A Comparative Analysis of Platform ODR and APEC ODR." Lecture Notes in Education Psychology and Public Media 69, no. 1 (2024): 80–88. http://dx.doi.org/10.54254/2753-7048/69/20240145.

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Abstract: The actual demand and effect of the ODR (Online Dispute Resolution) mechanism in the field of cross-border e-commerce dispute resolution are relatively limited, and the protection of the ODR mechanism within small and medium-sized cross-border e-commerce platforms is insufficient. The reasons why the ODR mechanism cannot be fully applied to such platform disputes include the complexity of cross-border, diverse types of disputes, cost of time and money, and limited scope of application of the ODR mechanism. In addition, the lack of neutrality and standardized operating rules of the OD

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Wihellmina, Quein, Hamzah, Rohaini, and Br Tobing Margaret. "Analysis of Consumer Condition Solvements through Consumer Condsolution Translators." International Journal of Social Science and Human Research 07, no. 05 (2024): 3176–82. https://doi.org/10.5281/zenodo.11237598.

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This study aims to analyse the mechanisms of consumer dispute resolution through the Consumer Dispute ResolutionAgency (BPSK) in Central Lampung and to measure the effectiveness of such dispute settlement. The research used is a normativeempirical approach. The results of the research show that the settlement of consumer disputes through BPSK can be done throughmediation, conciliation, or arbitration according to the agreement of the parties. While a settlement by arbitration still stands asidefor the dissatisfied parties to undertake legal action through litigation. The effectiveness of dispu

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Daibu, Abdulrazaq Adelodun, Khairat Oluwakemi Akanbi, and Toheeb Aremu Jamiu. "Resolution of Marital Disputes and Domestic Violence in Nigeria: The Role of Alternative and Traditional Dispute Resolution Mechanisms." African Journal of Legal Studies 17, no. 1 (2025): 106–36. https://doi.org/10.1163/17087384-bja10109.

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Abstract Marital unions that are normally expected to be blissful and ever-lasting are sometimes riddled with all manner of disputes often resulting in domestic violence. This is because of the inevitability of disputes in human interactions including marital unions. Sometimes, for cultural and religious reasons, victims of domestic violence in marital disputes are warned against reporting the violence to ensure marriage sustainability, marital privacy as well as to protect the welfare of the children of the marriage among other reasons. This approach seems to be ineffective as endurance of do

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Goh, Allison. "Framework for the Resolution of Disputes Under the Belt and Road Initiative." Arbitration: The International Journal of Arbitration, Mediation and Dispute Management 87, Issue 2 (2021): 243–67. http://dx.doi.org/10.54648/amdm2021018.

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This article proposes a decision-making framework for the selection of a dispute resolution mechanism within the context of Belt and Road Initiative (BRI) projects. While arbitration remains the default choice for the resolution of international disputes, there is increased appetite for other mechanisms. Bolstered by the Singapore Convention on Mediation, the use of mediation, including in hybrid procedures like Med-Arb, is increasing. Dispute boards, such as under the Singapore Infrastructure Dispute-Management Protocol, are also a valued option as they are well-suited for large-scale infrast

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Wang, Chensheng, Shuchun' Wang, and Gafur Gubaevich Salikhov. "Analysis of creation of the mechanism of resolution of disputes within the Shanghai Cooperation Organization." Международное право и международные организации / International Law and International Organizations, no. 1 (January 2021): 12–30. http://dx.doi.org/10.7256/2454-0633.2021.1.34983.

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The object of this research is the Shanghai Cooperation Organization (SCO). In 2017 India and Pakistan were admitted to the SCO, which resulted in its territorial, economic, geopolitical, and legal expansion. Expansion of the SCO increased disputes between the member-states, and there is yet no well-developed mechanism for their resolution. The subject of this research is the disputes between the SCO countries. Member-states of the Shanghai Cooperation Organization, considering the peculiarities of universal approaches towards dispute resolution on the international level, developed sufficient

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Nur, Hakim1* Roni Pandiagan2. "The Role of Alternative Business Dispute Resolution from a Legal and Consumer Protection Perspective." ISRG Journal of Multidisciplinary Studies (ISRGJMS) III, no. II (2025): 29–36. https://doi.org/10.5281/zenodo.14862884.

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<strong>Abstract</strong> <em>Settlement of business disputes between consumers and business actors is becoming an increasingly important issue amidst the increasing complexity of transactions in the digital era and economic globalization. This study aims to examine the role of the Consumer Dispute Resolution Agency (BPSK) in supporting alternative business dispute resolution as a measure to protect consumer rights in Indonesia and to analyze the effectiveness of these alternative mechanisms in providing protection for consumers. This study uses a normative legal method. The research findings

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Thapa, Bindakumari. "Alternative Dispute Resolution (ADR): A Theoretical Framework in context of Nepal." Samsad Journal संसद जर्नल 2, no. 1 (2025): 91–116. https://doi.org/10.3126/sj.v2i1.79830.

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Conflict is an inevitable facet of human interaction, permeating various facets of society, from interpersonal relationships to complex business transactions. Traditional litigation processes, often associated with protracted timelines and exorbitant costs, May not always serve as the most efficient or satisfactory means of dispute resolution. This article examines into the realm of Alternative Dispute Resolution (ADR) as a pragmatic and increasingly popular approach to resolving conflicts. The literal meaning of ADR is the use of methods of mediation or an arbitration along with other alterna

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Nugroho, Hizkia Ivan, Novianti Lestari, and Rasji Rasji. "Legal Protection Efforts for Taxpayers in the Tax Dispute Resolution Mechanism." QISTINA: Jurnal Multidisiplin Indonesia 2, no. 2 (2023): 839–45. http://dx.doi.org/10.57235/qistina.v2i2.811.

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Tax is one of the income of the state treasury as an instrument of development with the ultimate goal of people's welfare and prosperity. Rather than that, paying taxes is a mandatory payment for all Indonesian citizens which is coercive by using a self-assessment system that focuses on taxpayer awareness in determining the amount of tax owed to taxpayers. Over time, many tax disputes have occurred in Indonesia. A tax dispute is a problem that arises as a result of a discrepancy in terms of tax collection with tax regulations, causing a dispute regarding the implementation of tax regulations.

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Gao, Yuanfei, and Yuan Liu. "Construction and Application of International Commercial Dispute Resolution Mechanism Model." Security and Communication Networks 2022 (April 12, 2022): 1–12. http://dx.doi.org/10.1155/2022/2978056.

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In specific judicial practice, the ODR mechanism has played an important role in the settlement of e-commerce disputes and network disputes. However, ODR is still in the exploratory stage in many aspects, and it is inevitable that there will be some problems. This article focuses on the A priori algorithm and frequent pattern growth algorithm in association with rule mining learning. The shortcomings of A priori algorithm and frequent pattern growth algorithm are described and researched accordingly, and an improved algorithm for learning A priori association rules based on matrix is proposed.

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Hourani, Sara. "An Introduction to Blockchain-based Dispute Resolution: The Emergence of New Procedural Designs." BCDR International Arbitration Review 10, Issue 1 (2023): 89–110. https://doi.org/10.54648/bcdr2023007.

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The recent rapid growth of the cryptocurrency and cryptoasset markets utilsing blockchain technology is generating a growing number of related disputes. These disputes may be resolved through state court litigation, through conventional arbitration, or through blockchain-based arbitration. The focus of this article is on this last form of dispute resolution, analysing what blockchain-based arbitration or dispute resolution is by examining the procedural design of blockchain-based dispute resolution, analysing the reasons behind the design of this type of dispute resolution, and exploring the e

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Rifdah, Ayudia Nur, Mulyani Zulaeha, and Yulia Qamariyanti. "Commercial Business Dispute Settlement Through Online Non-Litigation Dispute Settlement in Indonesia." Lambung Mangkurat Law Journal 6, no. 2 (2021): 267–87. http://dx.doi.org/10.32801/lamlaj.v6i2.247.

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The purpose of the research entitled Settlement of Commercial Business Disputes through Online Non-Litigation Dispute Resolution in Indonesia is to analyze the mechanism for resolving commercial business disputes through non-litigation in the form of ODR in Indonesia and its legal consequences. The research method is in the form of normative legal research, which is a method that uses statutory regulations, which are then analyzed and drawn conclusions from general matters into a specific conclusion. The results of the research obtained are, First: that the legal basis that contains and states

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Ayudia Nur Rifdah. "COMMERCIAL BUSINESS DISPUTE SETTLEMENT THROUGH ONLINE NON-LITIGATION DISPUTE SETTLEMENT IN INDONESIA." Lambung Mangkurat Law Journal 6, no. 2 (2021): 267–87. http://dx.doi.org/10.32801/abc.v6i2.127.

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The purpose of the research entitled Settlement of Commercial Business Disputes through Online Non-Litigation Dispute Resolution in Indonesia is to analyze the mechanism for resolving commercial business disputes through nonlitigation in the form of ODR in Indonesia and its legal consequences. The research method is in the form of normative legal research, which is a method that uses statutory regulations, which are then analyzed and drawn conclusions from general matters into a specific conclusion. The results of the research obtained are, First: that the legal basis that contains and states

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Gayo, Sabela. "Alternative Dispute Resolution in Mining Disputes with the Mechanism of Mediation." International Journal of Research and Review 9, no. 3 (2022): 401–16. http://dx.doi.org/10.52403/ijrr.20220345.

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In Article 33 of the constitution of the Republic of Indonesia Year 1945, the management and exertion needed protection and legal certainty both to the public as a common property over the excavated material, the entrepreneur as a manager, and the government as a regulator. Mining activities often cause disputes involving the government, employers mining (investors), and the community in the territory of the mining operations. Therefore, need to be pursued to resolve the dispute through the dispute settlement mechanism. Issues to be examined include the development of the regulation of busines

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Li, Dezhi, Huiyan Zhang, and Xuehua Fang. "The deficiency of dispute settlement mechanism seen in Chinese construction field from FIDIC." MATEC Web of Conferences 251 (2018): 05022. http://dx.doi.org/10.1051/matecconf/201825105022.

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Since formally introduced the friendly Amicable Settlement mechanism in 1987, FIDIC’ s efforts to promote and improve the alternative dispute settlement mechanism for construction work have been greatly developed. The current laws and regulations in China on alternative dispute resolution mechanisms for construction disputes are not perfect, and the newly revised “Conditions of contract for Construction” (GF2017-0201) lacks operability. It is of great significance to improve the dispute settlement mechanism by drawing on the provisions of article 20 of FIDIC (New Red Book), accumulate internat

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Tnalin, Kanat, and Antonina Kizdarbekova. "Electronic dispute resolution in business: Opportunities for implementation in Kazakhstan." Scientific Herald of Uzhhorod University Series Physics, no. 56 (February 20, 2024): 591–600. http://dx.doi.org/10.54919/physics/56.2024.59brj1.

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Relevance. The relevance of conducting a study on alternative dispute resolution between business entities stems from the fact that the current processes of digitalisation and globalisation have extended the opportunities for the introduction of innovative technologies in court proceedings. Purpose. Among the key tasks and objectives of the study was the analysis of the mechanism for implementing electronic dispute resolution in business activities, highlighting its characteristic features and the principles on which this activity is based. Methodology. The methods used in the present study ar

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Rusni Hassan, Ibtisam @ Ilyana Ilias, and Tuan Nur Hanis Tuan Ibrahim. "ISLAMIC BANKING DISPUTE RESOLUTION: THE EXPERIENCE OF MALAYSIA AND INDONESIA." IIUM Law Journal 30, S2 (2022): 317–58. http://dx.doi.org/10.31436/iiumlj.v30is2.771.

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The dispute resolution mechanism in a country involving Islamic banking depends on its applicable law. A workable mechanism guarantees a harmonious settlement and ensures justice is upheld in conjunction with the spirit of Islamic law. This study aims to analyse various mechanisms to resolve Islamic banking disputes in Malaysia and Indonesia by referring to the latest legal and judicial developments in both jurisdictions. It adopts doctrinal and comparative legal research methodology whereby the relevant primary and secondary sources of law were meticulously appraised. Findings of this study r

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Lam, Le Doan, and Le Pham Anh Tho. "Dispute resolution mechanism by dispute resolution board according to FIDIC contract model and experience for Vietnam." International Journal of Multidisciplinary: Applied Business and Education Research 5, no. 1 (2024): 291–301. http://dx.doi.org/10.11594/ijmaber.05.01.26.

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The article “Dispute resolution mechanism by the Dispute Board according to the FIDIC contract form and experience for Vietnam” researches the theoretical issues related to the FIDIC Contract and the Dispute Settlement Board of the FIDIC. In addition, the article also focuses on researching and analyzing the practice of applying dispute settlement mechanisms by Dispute Settlement Boards in various nations throughout the world. The article's usefulness stems from the knowledge gained while researching this dispute resolution mechanism in countries throughout the world, as well as the present si

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

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The study sought to establish the effectiveness of Conciliation and Arbitration as dispute resolution mechanism with the case of Ferro –Alloy Industry in Zimbabwe. A case study of 2 major players in the industry were examined in a descriptive research design. Backing the research is the concept of legal pluralism which then defined conciliation and arbitration as alternative dispute resolution systems. Management and Trade Union representatives, general employees and Labour Officers participated through interviews. The research uncovered that the current legal framework was not providing a con

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Daibu, Abdulrazaq Adelodun, Taiye Oniyide, and Yunus Adelodun. "Covid-19 Pandemic and Emerging Trends in Dispute Resolution in Nigeria: From Alternative Dispute Resolution to Online Dispute Resolution." African Journal of International and Comparative Law 33, no. 1 (2025): 29–52. https://doi.org/10.3366/ajicl.2025.0511.

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The impacts of the Coronavirus disease otherwise known as the Covid-19 pandemic on the human race cannot be overemphasised. The outbreak of the Covid-19 pandemic has not only led to a paradigm shift from the old order to a new norm but also increased the deployment of Information and Communication Technology (ICT) to almost all spheres of human endeavour, including the administration of justice and Alternative Dispute Resolution (ADR) mechanisms. Most of the measures adopted by stakeholders to fight the scourge otherwise referred to as Covid-19, protocols such as social distancing, restriction

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Oluwaseye, Oluwayomi Ikubanni, and Adekunle Saheed Abiola. "Impact of Technology on Alternative Dispute Resolution in Nigeria and the Birth and Challenges of Online Dispute Resolution." Global Journal of Politics and Law Research 10, no. 4 (2022): 1–13. http://dx.doi.org/10.37745/gjplr.2013/vo10.n4pp113.

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Technological advancement has impacted every sphere of human endeavours including the dispute resolution space. Dispute is bound to happen between parties in commercial transactions. Traditionally, such dispute was known to be resolved through the adoption of any of the alternative dispute resolution mechanisms which requires parties meeting physically at an agreed location. However, the advent of Covid-19 in Nigeria hampered the operation of physical meeting for dispute resolution, hence, the adoption of Online Dispute Resolution (ODR) mechanism which is a novel development in Nigeria. It is

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Gayo, Sabela. "Maritime Dispute Resolution With Mediation Techniques." SASI 29, no. 3 (2023): 589. http://dx.doi.org/10.47268/sasi.v29i3.1477.

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Introduction: In resolving ordinary maritime disputes related to national borders, from several types of dispute resolution, mediation is the right way to resolve disputes involving third parties.Purposes of the Research: This paper aims to find out that in resolving martim aurann disputes the law is contained in international law, namely UNCLOS 1982 which regulates martim disputes.Methods of the Research: The type of research is normative juridical with analysis using legal documents in the form of primary legal materials, secondary legal materials, and tertiary legal materials.Results of the

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Mabelele, Buluba, and Allen Mrindoko. "The Influence of Dispute Resolution Mechanism on Managing Procurement Contract in Tanzania: A Case of CRDB Bank Plc." Asian Journal of Management, Entrepreneurship and Social Science 4, no. 04 (2024): 1650–65. https://doi.org/10.63922/ajmesc.v4i04.1198.

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The banking sector is a critical component of any modern economy, and procurement contracts are essential for the smooth operation of banking institutions. However, disputes can arise during the execution of these contracts, which can result in significant delays, increased costs, and reputational damage. This study examined the influence of dispute resolution mechanisms in managing procurement contract in Tanzania: a case of CRDB Bank Plc. The study was guided by theory of dispute resolution while the study was conducted using descriptive research design, quantitative approach, sample size of

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Gayo, Sabela. "RESOLVING ENVIRONMENTAL DISPUTE WITH MEDIATION METHOD." International Asia Of Law and Money Laundering (IAML) 1, no. 1 (2022): 23–29. http://dx.doi.org/10.59712/iaml.v1i1.5.

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Dispute the Environment is a dispute between two or more parties that posed the presence or suspected presence of contamination and / or destruction of the environment. Dispute settlement environment in the outer court was held to reach an agreement regarding the form and amount of compensation and/or for specific actions to ensure the will not the occurrence or recurrence of a negative impact on the environment. In the settlement of disputes environment outside the court can use the services of a third party, both of which do not have the authority to take decisions and who has the authority

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Sa'adah, Nabitatus. "Mekanisme Penyelesaian Sengketa Pajak dalam Sistem Peradilan di Indonesia." Administrative Law and Governance Journal 2, no. 1 (2019): 19–33. http://dx.doi.org/10.14710/alj.v2i1.19-33.

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AbstractThis study aims to determine the mechanism of tax dispute resolution in the justice system in Indonesia, specifically knowing the mechanism of tax dispute resolution and the characteristics of tax dispute resolution if juxtaposed with the justice system in Indonesia. The research method used is normative legal research that uses laws and regulations (positive law). The results show that tax disputes in Indonesia, especially disputes over tax assessment letters, can be resolved through dispute resolution efforts in the executive domain, namely objection efforts which are one form of dis

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Kugler, Kholofelo. "The AfCFTA’s Success Depends on Effective Dispute Settlement Mechanisms for the Private Sector." Global Trade and Customs Journal 16, Issue 11/12 (2021): 558–63. http://dx.doi.org/10.54648/gtcj2021070.

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The state-to-state nature of the dispute settlement mechanism (DSM) of the Agreement Establishing the African Continental Free Trade Area (AfCFTA) could serve as a barrier to ensuring dispute resolution under this regional trade agreement. African countries’ low participation in trade dispute resolution at the World Trade Organization (WTO) and within their own regional economic communities (RECs) indicates that these countries either do not have the capacity to resolve trade issues through contentious litigation or those types of dispute settlement mechanisms are not suited to their needs. Ho

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Siswanto, Pabidang, Pakendek Adriana, and Jaeni Ahmad. "The Strategy Dispute Resolution of Health Care Worker in Indonesia." International Journal of Innovative Science and Research Technology (IJISRT) 9, no. 12 (2024): 1604–9. https://doi.org/10.5281/zenodo.14575864.

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The main objectives of study were to determine the causes of medical disputes and provide a detailed analysis of the medical dispute resolution mechanism. The research method used a qualitative approach with a focus on judicial normative analysis and legal analysis. This study used a normative legal approach to analyze relevant legal norms in resolving medical disputes through mediation The result showed it can be concluded that 1) the cause of medical disputes is due to communication failure,medical misdiagnosis and treatment, non-compliance with ethical and legal standards, dissatisfaction w

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SUTIYOSO, Bambang. "Implementation of Mediation As Online Dispute Resolution (ODR) in Civil Jurisdiction." International Journal of Environmental, Sustainability, and Social Science 4, no. 1 (2023): 297–308. http://dx.doi.org/10.38142/ijesss.v4i1.487.

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This writing aims to examine and analyze business/civil dispute resolution through online dispute resolution (ODR), institutionalization of mediation in civil cases in court, implementation of mediation as online dispute resolution (ODR) in civil courts, obstacles and legal implications for parties - the litigants. Mediation as an alternative dispute resolution mechanism outside the court has long been used in various business and civil cases, the environment, labor, land, housing, consumer disputes, and so on which is a manifestation of society's demand for fast, effective and efficient dispu

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Casey, Angela. "Individualarbeitsrechtliche Streitigkeiten im Schiedsverfahren." ASA Bulletin 35, Issue 2 (2017): 266–80. http://dx.doi.org/10.54648/asab2017025.

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In the last decade, arbitration as a mechanism for alternative dispute resolution has become increasingly important. Questions of arbitrability move to the forefront as arbitration expands to disputes whose commercial character might be less obvious. One recent question of interest is whether individual employment disputes can be the subject of arbitration proceedings in Switzerland. This paper identifies two areas of employment disputes which lend themselves to final resolution through arbitration. In particular, sports related and “executive”-employee disputes benefit from dispute resolution

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Joris, Tesalonika Luana, Ronald Saija, and Marcelo Valentino Geovani Pariela. "Strategy of Dispute Resolution By Business Enterprises in Online Sale Transactions." TATOHI: Jurnal Ilmu Hukum 5, no. 1 (2025): 15. https://doi.org/10.47268/tatohi.v5i1.2940.

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Introduction: The practice of online buying and selling, there are often defaults that disadvantage related parties and cause disputes. Dispute resolution is often faced with problems such as complicated procedures, lack of public understanding of available mechanisms, imbalance of power between business owners and consumers, and limited capacity of dispute resolution institutions.Purposes of the Research: The purpose of this research is to find out how consumer protection against online buying and selling disputes.Methods of the Research: This research is normative in approach with a statutor

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