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Journal articles on the topic 'Dispute settlement'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 July 2025

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1

Harun, Refly. "Rekonstruksi Kewenangan Penyelesaian Perselisihan Hasil Pemilihan Umum." Jurnal Konstitusi 13, no. 1 (2016): 1. http://dx.doi.org/10.31078/jk1311.

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Construction of authority in the settlement of dispute over the result of local election is still in transformation to become the ideal format. At the same time, the authority in the settlement of election dispute which is distributed to many agencies is also demanding simplification. The fact requires that there must be reconstruction on the settlement of all kinds of legal problems in election, including the dispute over local election results. Related to this, one of the proposals offered through this paper is the simplification of settlement system and the courts involved in the settlement

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2

KANG, Taewook. "Problems of Investor-State Dispute Settlement (ISDS)." Journal of Advanced Research in Law and Economics 10, no. 2 (2020): 561. http://dx.doi.org/10.14505//jarle.v10.2(40).16.

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The research deals with Problems of Investor-State Dispute Settlement (ISDS) focused on Investment Arbitration. The author especially focuses on the problems under BIT (Bilateral Investment Treaties) and FTA (Free Trade Agreements. Mentioned in this article, International investment disputes are generated due to host countries and foreign investors. ISDS is Dispute settlements between investors and countries. This is not suit proceedings but arbitration proceedings. That is, ‘activities of the third party to arbitrate and settle disputes by intervening between parties in dispute. ’However, Dis

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Supeno, Supeno. "INTERNATIONAL TRADE DISPUTE SETTLEMENT THROUGH DISPUTE SETTLEMENT BODY (DSB) AND INTERNATIONAL ARBITRATION BODY." Nurani: Jurnal Kajian Syari'ah dan Masyarakat 20, no. 1 (2020): 147–62. http://dx.doi.org/10.19109/nurani.v20i1.6043.

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The current trend in international trade is growing rapidly, along with these developments, the problems occurring in trade transactions are also increasing on the other hand the disputes arising in international trade are also increasing, under such conditions it is necessary to have greater legal role to overcome international trade issues. Several international trade dispute settlement institutions have been established but have not been well known and maximized in resolving international trade disputes whereas dispute settlement institutions play a huge role in the effort to create economi

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Zakiyah, Zakiyah, Diana Rahmawati, Nur Mohammad Kasim, Muhammad Aulia Rahmady, and Muhammad Azhari Rahman. "Consumer Financing Dispute Settlement Patterns During the Covid-19 Pandemic in Wetland Environments." International Journal of Law, Environment, and Natural Resources 2, no. 2 (2022): 81–95. http://dx.doi.org/10.51749/injurlens.v2i2.43.

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The pandemic Covid it had an impact on all economic sectors which had an impact on the smooth running of consumers in paying consumer financing installments, which led to consumer financing disputes. The people of South Kalimantan who live in a wetland environment have local wisdom in resolving disputes with Adat Badamai tradition. This study aims to find patterns of dispute resolution between consumers and finance companies during the covid 19 pandemic and to analyze whether local wisdom in the wetland environment, namely the Bahamian custom is reflected in the settlement of consumer financin

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Zakiyah, Zakiyah, Diana Rahmawati, Nur Mohammad Kasim, Muhammad Aulia Rahmady, and Muhammad Azhari Rahman. "Consumer Financing Dispute Settlement Patterns During the Covid-19 Pandemic in Wetland Environments." International Journal of Law, Environment, and Natural Resources 2, no. 2 (2022): 81–92. http://dx.doi.org/10.51749/injurlens.v2i2.27.

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The pandemic Covid it had an impact on all economic sectors which had an impact on the smooth running of consumers in paying consumer financing installments, which led to consumer financing disputes. The people of South Kalimantan who live in a wetland environment have local wisdom in resolving disputes with Adat Badamai tradition. This study aims to find patterns of dispute resolution between consumers and finance companies during the covid 19 pandemic and to analyze whether local wisdom in the wetland environment, namely the Bahamian custom is reflected in the settlement of consumer financin

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A. Papaconstantinou, George, and Luigi F. Pedreschi. "Alternative Dispute Settlement and the Jurisprudential Legacy of the World Trade Organization’s Appellate Body." Journal of World Trade 56, Issue 2 (2022): 261–82. http://dx.doi.org/10.54648/trad2022011.

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This article analyses the possible impact of the disputes advanced through the Multiparty Interim Appeal Arbitration Arrangement (‘MPIA’) and preferential trade agreements (‘PTAs’) on the jurisprudential legacy of the Appellate Body (‘AB’) and shows that those alternative dispute settlement mechanisms can play a significant role in preserving and further developing World Trade Organization’s (‘WTO’) case law. In the future, the importance of alternative dispute settlement mechanisms resolving arguments of international trade law is bound to increase (especially, in light of the ongoing deadloc

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Rudenko, L. D., and D. S. Semko. "TO THE QUESTION ON PRE-CASE SETTLEMENT OF ECONOMIC DISPUTES." Legal horizons, no. 19 (2019): 54–58. http://dx.doi.org/10.21272/legalhorizons.2019.i19.p54.

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The article identifies the nature of pre-trial settlement of an economic dispute, analyzes the features of the pretrial settlement of an economic dispute. Taking into account the provisions of the current Commercial Code and the Commercial Procedure Code of Ukraine, the article examines the procedure for pre-judicial settlement of the economic dispute, including the analysis of the rules of economic law and commercial procedural law, which regulate the general procedure for pre-trial settlement of economic disputes. It is determined that pre-trial settlement of economic disputes is an independ

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Marmazov, Vasyl, and Pavlo Pushkar. "The Right of Access to Non-State Dispute Resolution in the Legal Order of Larger Europe: A Yardstick to Harmonise Approaches to State and Non-State Dispute Settlement in Ukraine." NaUKMA Research Papers. Law 7 (July 20, 2021): 33–43. http://dx.doi.org/10.18523/2617-2607.2021.7.33-43.

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The Ukrainian legal thought has traditionally regarded the right of access to justice as a right of access to the State court, or to State managed or controlled procedures for dispute settlement. One of the main reasons for that was that the non-state, or uncontrolled by the State dispute settlement was not formally permitted, prohibition being imposed by the Soviet system and even to a certain extent during the period of domination on parts of the territory of the modern Ukraine, of the various externally imposed requirements of various legal systems in force at the material time. Non-state d

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ZHENGYI, ZHANG, and YUE QIANG. "INVESTMENT DISPUTE SETTLEMENT MECHANISM UNDER THE IMPLEMENTATION OF CHINESE FOREIGN INVESTMENT LAW." Sociopolitical Sciences 11, no. 2 (2021): 32–41. http://dx.doi.org/10.33693/2223-0092-2021-11-3-32-41.

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With the formal implementation of the Foreign Investment Law, a multi-level dispute settlement mechanism targeted at disputes has been formed. Under the background of the implementation of the foreign investment law, diversified investment dispute settlement is forming and will go through innovation, especially under the background of open-up investment dispute settlement mechanism. Multi-level investment disputes relate to both domestic and international level, “wall” function for international investment dispute settlement mechanism may realize through the principle of exhaustion of local re

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Maulaya, Muhammad Zulfa, Aditya Fani Pradana, Muhammad Choerul Umam, Tiyas Vika Widyastuti, and Muhammad Wildan. "Analisis Yuridis Bentuk Penyelesaian Sengketa Tanah Melalui Mediasi dan Arbitase." Journal of Contemporary Law Studies 2, no. 1 (2024): 75–84. http://dx.doi.org/10.47134/lawstudies.v2i1.2157.

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The aim of this article is to describe the form of land rescue resolution using normative juridical analysis techniques. Settlements and land-related cases are usually settled through the official legal system and the applicable courts. There are some studies on the settlement of land disputes in Indonesia. This research uses a qualitative descriptive method, namely explaining the phenomenon or relationship of a problem in text form. The data source for this research is obtained through primary and secondary data. Primary data from this research uses legal materials consisting of: 1) the 1945

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Han, Ziyue. "The Application Dilemma and Optimization Path of RCEP Dispute Settlement Mechanism." Advances in Economics, Management and Political Sciences 24, no. 1 (2023): 346–53. http://dx.doi.org/10.54254/2754-1169/24/20230461.

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On January 1, 2022, the Regional Comprehensive Economic Partnership Agreement (RCEP), one of the world's largest free trade agreements, came into force. In order to breakthrough the dilemma faced by the current WTO dispute settlement mechanism, Chapter 19 of the RCEP sets up a particular international dispute settlement mechanism, providing global trade governance. This has injected new vitality into global trade governance. However, due to various reasons, the RCEP dispute settlement mechanism still has applicable dilemmas including the absence of a dispute management body, the inadequacy of

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Dong, Limin. "Why International Conciliation Can Resolve Maritime Disputes: A Study Based on the Jan Mayen Case." Sustainability 15, no. 3 (2023): 1830. http://dx.doi.org/10.3390/su15031830.

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The settlement of maritime disputes is an important issue faced by many countries. Choosing an appropriate settlement method is the primary task of policy makers. International conciliation, which results from careful and systematic evaluation, could become the primary choice of dispute settlement. During conciliation, parties have dominant and final decision-making power over the settlement of disputes, and there is flexibility in the application of law and procedural rules. The Conciliation Commission provides independent third-party advice, and the political and time costs of dispute settle

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Sthoeger, Eran. "The International Law Commission: Dispute Settlement and Dispute Settlement Clauses." Max Planck Yearbook of United Nations Law Online 27, no. 1 (2025): 458–84. https://doi.org/10.1163/18757413_02701017.

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Abstract The International Law Commission (ILC) has rarely considered substantive topics focused on dispute settlement as such, though in 2022 the ILC added the topic ‘the settlement of international disputes to which international organizations are parties’ to its programme of work. Furthermore, there is a perception that, generally, the practice of the ILC is to leave the matter of dispute settlement clauses to the negotiating States. In reality, however, many ILC drafts that formed the basis for treaty negotiations between States contained dispute settlement clauses. This contribution will,

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Lakićević, Snežana, Jelena Matijašević, and Marija Jakovljević. "THE SIGNIFICANCE OF THE LAW ON AMICABLE RESOLUTION OF LABOR DISPUTES AND THE REVIEW OF THE PRACTICE THUS FAR." KULTURA POLISA 21, no. 1 (2024): 242–65. http://dx.doi.org/10.51738/kpolisa2024.21.1r.242lmj.

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During the work process, numerous instances of dispute regarding the positions of the employees, or the interpersonal relations between them or between them and their employer may arise. In addition to the traditional judicial method of labor dispute resolution, it is necessary to develop independent and impartial negotiation mechanisms between the parties in the area of individual and collective labor disputes. In Serbia, these are certainly the arbitration settlement of individual and collective labor disputes, and conciliation as a method of resolving collective labor disputes within and th

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Fathin, Lalu Ammar, Arba, and Widodo Dwi Putro. "Empirical Legal Analysis of Land Rights Dispute Resolution between Indigenous Communities and Mandalika Special Economic Zone Development Companies." RESEARCH REVIEW International Journal of Multidisciplinary 9, no. 9 (2024): 105–13. http://dx.doi.org/10.31305/rrijm.2024.v09.n09.013.

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This study aims to analyze the implementation of the settlement of land rights disputes between indigenous peoples and special economic zone development companies. Mandalika, as well as factors that influence the resolution of land rights disputes between indigenous peoples and Special Economic Zone development companies. Mandalika. Using empirical legal research methods. The results of this study indicate that the settlement process in the dispute resolution process, there are 2 dispute resolution processes, namely: Settlement through Non-Litigation and Litigation. Settlement of disputes outs

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FROESE, MARC D. "Mapping the Scope of Dispute Settlement in Regional Trade Agreements: Implications for the Multilateral Governance of Trade." World Trade Review 15, no. 4 (2016): 563–85. http://dx.doi.org/10.1017/s1474745616000057.

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AbstractThis article argues that the inclusion of provisions for the settlement of disputes in regional trade agreements enhances, rather than disrupts, the centrality of the World Trade Organization's dispute settlement system. Using a dataset that organizes exclusion clauses and special provisions for dispute settlement in regional trade agreements, the study develops a thematic typology that is used to examine the ways that disputes may be channelled between regional and multilateral dispute settlement institutions. This comparative empirical dimension offers a more accurate picture of the

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Melki T. Tunggati. "Projection of Predatory Pricing Dispute Resolution in The Context of Business Competition Between UMKM in The Digital Economy Era Based on Win-Win Solution." JILPR Journal Indonesia Law and Policy Review 5, no. 2 (2024): 336–48. http://dx.doi.org/10.56371/jirpl.v5i2.216.

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Predatory pricing disputes between UMKM have been in the public spotlight since the alleged practice of predatory pricing by UMKM businesses selling through the Tik-Tok Shop application. UMKM players in the Jakarta Tanah Abang Market suffered losses due to lack of visitors because the products sold through the Tik-Tok Shop application were twice as cheap. Government policy by modifying the Regulation of the Minister of Trade as a responsive effort in anticipating Predatory Pricing disputes, instead causing losses to Tik-Tok Shop UMKM actors. This research aims to analyze the regulation of Pred

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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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Setjoatmadja, Sylvia, Made Warka, Slamet Suhartono, and Hufron a. "THE PRINCIPLE OF RESTORATIVE JUSTICE IN TAX DISPUTE SETTLEMENT BY THE TAX COURT." International Journal of Advanced Research 9, no. 04 (2021): 26–33. http://dx.doi.org/10.21474/ijar01/12653.

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Tax dispute resolution has a number of uniqueness. Its judiciary system takes a procedure starting from filing objections in the executive realm, appeals and filing lawsuits as well as judicial review in the judicial realm. All of these legal remedies do not delay the obligation of the tax payers to pay taxes and the task of Fiscus to collect taxes. Dispute settlement using administrative power has weaknesses as the resolver is one of the parties in the dispute (the Fiscus). Judicial branc of power come to play to settle tax disputes through the Tax Court. No cassation in the settlement of tax

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Hien, Ho Ngoc, and Le Lan Anh. "CRITICAL ASSESSMENTS OF ANTI-DUMPING DISPUTES SETTLEMENT MECHANISM AT THE WTO AND VIETNAM’S PARTICIPATIONS." American Journal of Political Science Law and Criminology 5, no. 8 (2023): 55–62. http://dx.doi.org/10.37547/tajpslc/volume05issue08-11.

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Anti-dumping disputes are types of trade disputes in international trade. There are more and more countries actively conducting anti-dumping investigations on imported goods, including Vietnam’s export goods. Many decisions taken by the Authorities have not received the approval of the involved parties. As a result, disputes over anti-dumping investigations happen. The settlement of anti-dumping disputes has become a necessity for parties to protect their legitimate rights and interests. This prompted the establishment of a dispute settlement body between member countries of the WTO including

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Tang, Yanyan, and Qingxia Guo. "The Return of the State and the Reform of the International Investment Dispute Settlement Mechanism: Reasons and Reflections." International Journal of Law and Society 8, no. 3 (2025): 140–51. https://doi.org/10.11648/j.ijls.20250803.11.

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In recent years, as economic globalization has deepened, international investment has expanded rapidly. This growth has been accompanied by a surge in investment disputes, making the reform and development of the international investment dispute settlement mechanism one of the most important topics in international investment governance. As criticisms of investor-state dispute settlement (ISDS), the dominant mechanism for resolving international investment disputes, have intensified, the evolution of dispute settlement provisions in certain international investment agreements reveals a signifi

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Tzeng, Peter. "Investment Protection in Disputed Maritime Areas." Journal of World Investment & Trade 19, no. 5-6 (2018): 828–59. http://dx.doi.org/10.1163/22119000-12340112.

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Abstract Disputed maritime areas are often sources of valuable natural resources, but they are also often sources of conflict. It is thus important for investors investing in such areas to know the array of investment protection mechanisms available to them. This article examines four such mechanisms (dispute settlement under international investment agreements (IIAs), dispute settlement under the United Nations Convention on the Law of the Sea (UNCLOS), dispute settlement under contracts, and political risk insurance) in the context of three scenarios of disputed maritime areas (unregulated a

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Jyoti and A. S. Sidhu. "Satisfaction of Textile Workers with Awards/Settlements: An Empirical Analysis." Management and Labour Studies 30, no. 3 (2005): 236–46. http://dx.doi.org/10.1177/0258042x0503000303.

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The Indian industrial relations model is based on the free enterprise-cum-planning-cum-growing public sector-cum parliamentary democracy model of growth. For the purpose of securing peace in industry and to give a fair deal to the workers, Indian industrial relations system has also designed different organs for the settlement of industrial disputes. Two methods are generally followed in the state of Punjab as well as in the country as a whole to deal with the industrial disputes viz., (1) Direct settlement, and (2) Third party settlement. A number of studies have been carried out to evaluate

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Serdiuk, Olexandr Vasiliovich, and Georgiy Viktorovich Grabchak. "Problematic issues of submitting of counterclaims in International centre for settlement of investment disputes." Problems of Legality, no. 155 (December 20, 2021): 238–53. http://dx.doi.org/10.21564/2414-990x.155.239558.

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The counterclaim institute is one of crucial legal defense options during the dispute settlement in domestic and international jurisdictions; investment arbitration is not an exception. The most famous dispute settlement platform is International centre for settlement of investment disputes (ICSID). One of the key ideas of establishment of such a dispute settlement instrument was an implementation of autonomous and objective system of Investor-states dispte sttlement (ISDS) by the “independent forum”. While procedural rights of ISDS parties are conceptually equal. However, the concept of equal

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Moh. Alfajar Mursidah, Nirwan Junus, and Sri Nanang M. Kamba. "Peran Badan Penyelesaian Sengketa Konsumen (BPSK) dalam Menyelesaikan Sengketa Finance di Kota Gorontalo." Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 1, no. 3 (2023): 121–40. http://dx.doi.org/10.55606/birokrasi.v1i3.576.

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A situation that is very unbalanced between consumers and business actors is a big potential that can lead to disputes between consumers and business actors. The government has issued laws that regulate consumer protection, in particular Law Number 8 of 1999 concerning Consumer Protection. The goal is to provide protection to consumers. This research is intended to: (1) to find out the role of the Consumer Dispute Settlement Agency (BPSK) in resolving Finance disputes (2) to find out what are the obstacles faced by the Consumer Dispute Settlement Agency (BPSK) in resolving Finance disputes. Th

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Akhtamova, Yulduz Akhtamovna Abdumannopov Khumoyun Mirzo Shokirjon ugli. "INTERNATIONAL INVESTMENT DISPUTE SETTLEMENT PROCEDURE." CENTRAL ASIAN JOURNAL OF EDUCATION AND INNOVATION 2, no. 5 (2023): 96–100. https://doi.org/10.5281/zenodo.7947202.

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This resorch shows the investment disputes that arise within the framework of international investment law, types of investment disputes, countries where they are most common, investment dispute resolution mechanisms, good and bad effects of investment disputes on the economy.  

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Yuliyanto Waisapi, Jeffery. "The Role of The Construction Dispute Board in The Settlement of Construction Disputes." Eduvest - Journal of Universal Studies 3, no. 8 (2023): 1498–505. http://dx.doi.org/10.59188/eduvest.v3i8.891.

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This study aims to analyze the role of the dispute board in the construction dispute resolution system in Indonesia. This study uses descriptive research methods. This method is used to describe and explain the phenomena that occur. The dispute board exists as an alternative to resolving construction disputes that can provide various benefits, such as saving time. The settlement of construction disputes in Indonesia is regulated in Article 88 of Law Number 2 of 2017 concerning services. In the settlement of construction disputes, the dispute Board has an important role in the settlement stages

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Andryawan, Andryawan. "DUALISME PENYELESAIAN SENGKETA KONSUMEN DI SEKTOR JASA KEUANGAN." Jurnal Muara Ilmu Sosial, Humaniora, dan Seni 1, no. 2 (2018): 481. http://dx.doi.org/10.24912/jmishumsen.v1i2.1469.

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The estabilishment of alternative dispute settlement institutions in the financial service sector by financial services authorithy as if it wants to compete with the existence of consumer dispute settlement agency. The estabilishment institutions of alternative dispute settlement in the financial service sector on the basic of financial service authority regulatory law number 1 year 2014 on the financial service authority, while consumer dispute settlement agency formed by the law number 8 year 1999. Verdict generated by these two institutions are final and binding, however against the verdict

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Agapa, Manula. "Peran Badan Penyelesaian Sengketa Konsumen dan Lembaga Alternatif Penyelesaian Sengketa di Sektor Jasa Keuangan Dalam Penyelesaian Sengketa Konsumen." Justice Legislation and Crime Journal 1, no. 1 (2025): 15–21. https://doi.org/10.57235/jlc.v1i1.6096.

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The estabilishment of alternative dispute settlement institutions in the financial service sector by financial services authorithy as if it wants to compete with the existence of consumer dispute settlement agency. The estabilishment institutions of alternative dispute settlement in the financial service sector on the basic of financial service authority regulatory law number 1 year 2014 on the financial service authority, while consumer dispute settlement agency formed by the law number 8 year 1999. Verdict generated by these two institutions are final and binding, however against the verdict

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Karmenita, Karmenita, Rakha Kafi Habib, and Irma Maulida. "JURIDICAL ANALYSIS ON DISPUTE RESOLUTION IN CASES OF UNLAWFUL ACTS." Hukum Responsif 15, no. 2 (2024): 409–14. https://doi.org/10.33603/responsif.v15i2.9552.

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The primary purpose of the law is to realize justice; Aristotle said that justice is to give everyone what is his right. Legal facts show difficulties in resolving disputes, such as settlements that are not under the law and things considered unfair. For example, the plaintiffs felt the settlement was unfair in settling disputes concerning unlawful acts between farmers and PT PG Rajawali II. This study aims to 1) analyze the dispute resolution in the case of unlawful acts and the efforts made to resolve disputes in the case, and 2) the impact on the plaintiffs who dispute in the case using the

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Huang, Jie (Jeanne), and Jiaxiang Hu. "Dispute Resolution Mechanisms and Organizations in the Implementation of One Belt, One Road Initiative: Whence and Whither." Journal of World Trade 52, Issue 5 (2018): 815–37. http://dx.doi.org/10.54648/trad2018035.

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The existing dispute settlement mechanisms in the treaties concluded by China and under Chinese domestic law are insufficient to resolve all disputes related to the ‘One Belt, One Road (OBOR)’ Initiative. It is critically important for China to design dispute settlement mechanisms and organizations to facilitate the OBOR Initiative. This article suggests, for trade disputes, the first choice should be to refer the disputes between WTO members to the Dispute Settlement Body. The regional trade regimes may function as supplements. Investment disputes may be submitted to investor-state dispute re

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Falls, Scott. "Outsourcing FTA Dispute Settlement Administration to Third-Party International Arbitral Institutions: Opportunities and the Role of the Permanent Court of Arbitration." Law & Practice of International Courts and Tribunals 19, no. 1 (2020): 49–78. http://dx.doi.org/10.1163/15718034-12341416.

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Abstract With the future viability of WTO dispute settlement being uncertain, states may be required to rely on the dispute settlement mechanisms of their FTAs to provide a forum for litigating international trade disputes. Given however that these mechanisms have historically been inefficient and ineffective, it would be judicious for states to consider delegating the administrative functions of FTA dispute settlement to a third-party arbitral institution in order to remedy these deficiencies. This article analyzes both the factors impelling states to consider contracting out the administrati

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Riezdiani Restu Widyoningrum. "Penyelesaian Sengketa Investasi Asing Melalui Mekanisme Arbitrase Internasional (Studi Kasus: Rafat Ali Rizvi Melawan Republik Indonesia)." Student Research Journal 1, no. 3 (2023): 274–91. http://dx.doi.org/10.55606/srjyappi.v1i3.339.

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One of the goals of the state is to create fair and prosperous society by carrying out development in various fields including the fields of economy, education and infrastructure. The country's development certainly requires large amounts of funds, but not all countries have these funds. The lack of funds which needed by the state is an entry point for investors to invest their capital, which is through foreign investment. Besides the investment, foreign investment also brings expertise, technology transfer, and can increase the productivity of the host country. However, the implementation of

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Agung, Anak Agung Istri, and I. Nyoman Sukandia. "DISPUTES SETTLEMENT OF BALI TRADITIONAL INHERITANCE THROUGH PEACE AGREEMENT." NOTARIIL Jurnal Kenotariatan 6, no. 1 (2021): 16–26. http://dx.doi.org/10.22225/jn.6.1.3613.16-26.

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The inheritance and the division of inheritance that is felt to be unfair is often a source of dispute. The disputes that occur can sometimes be resolved by making a peace agreement between the disputing parties. The peace desired by the parties is, of course, expected to end disputes/conflict and to provide legal certainty among those in dispute. However, sometimes peace agreements that have been made between those in dispute are disputed again in court. This study aims to examine the settlement of Balinese traditional inheritance disputes through a binding peace agreement between the parties

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Guan, Han. "On the Reform of WTO Dispute Settlement Mechanism and Suggestions." Advances in Economics, Management and Political Sciences 71, no. 1 (2024): 185–91. http://dx.doi.org/10.54254/2754-1169/71/20241487.

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WTO dispute settlement is a very important mechanism for settling international trade disputes, which plays an important role in promoting the stable development of international trade and creating a fair and just international trade environment. However, with the change of political and economic situations, dispute settlement mechanism has appeared more and more malpractice, including the lengthy and inefficient procedures, the unreasonable regulation of implementation and so on. The dispute settlement mechanism is now facing a crisis as a result of the closure of the Appellate Body. Expediti

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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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Mbengue, Makane Moïse. "The Settlement of Trade Disputes." Law & Practice of International Courts and Tribunals 15, no. 2 (2016): 207–48. http://dx.doi.org/10.1163/15718034-12341320.

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This article examines the question of whether the wto enjoys a monopoly over the settlement of trade disputes by examining the historical context of the Dispute Settlement Understanding of the wto, including early dispute resolution under the gatt and the goal behind the transformation leading to the wto of curbing potential unilateralism within the trade regime. It argues that this culminated in the intention to create a centralized rule-based system for the settlement of disputes, rather than an intention to create a monopoly for the wto. The article examines potential threats to the so-call

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Widjaja, Gunawan. "Managing Legal Disputes Through Alternative Disputes Resolution." Journal of Ecohumanism 3, no. 3 (2024): 451–60. http://dx.doi.org/10.62754/joe.v3i3.3347.

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Dispute management is an attempt to resolve a dispute or conflict through alternative dispute settlement strategies in a legal context. Alternative dispute resolution methods, such as negotiation, mediation, and arbitration have been widely used in dispute settlement in a variety of situations. The method of research carried out in this research is to discuss the related literature according to the title of the research. The results of this study conclude that alternative dispute settlement strategies can be an effective alternative to litigation in settling disputes. These alternative dispute

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Khan, Ali Nawaz, Zaheer Iqbal Cheema, and Jawwad Riaz. "Role of Actors and Factors for the Emergence of Contemporary Regime of Investor-State Dispute Settlement." Global Management Sciences Review V, no. IV (2020): 40–47. http://dx.doi.org/10.31703/gmsr.2020(v-iv).05.

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Dispute resolution mechanism happened to be the fundamental aspect of the protectionist discourse of foreign investment. The consistent efforts were rolled out on behalf of international economic organizations such as UNO, OECD and IBRD of World Bank Group for the establishment of an impartial forum for the settlement of investment disputes. The opposite approaches of capital-exporting developed economies and less developed recipients of foreign capital lead certain attempts to failure to build consensus for dispute resolution mechanism relating to foreign investments. The World Bank started i

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Muchamad Edith Afiat Atmaja. "Implikasi Hukum dalam Penyelesaian Sengketa Perdagangan Internasional Berdasarkan Mekanisme World Trade Organization." Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora 2, no. 4 (2024): 198–204. https://doi.org/10.59059/mandub.v2i4.1762.

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International trade plays a crucial role in driving the global economy. However, policy differences between countries often trigger disputes that require resolution through fair legal mechanisms. The World Trade Organization (WTO) provides a dispute settlement platform through its Dispute Settlement Body (DSB) to handle these cases. This article explores the legal implications of international trade dispute settlement at the WTO by analyzing the principles of Pacta Sunt Servanda and Distributive Justice. Using a case study of the trade dispute between the United States and China, the article h

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Serdiuk, Olexandr Vasiliovich, and Georgiy Viktorovich Grabchak. "Problematic issues of submitting of counterclaims in International centre for settlement of investment disputes." Problems of Legality 2021, no. 155 (2021): 238–53. https://doi.org/10.21564/2414-990X.155.239558.

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The counterclaim institute is one of crucial legal defense options during the dispute settlement in domestic and international jurisdictions; investment arbitration is not an exception. The most famous dispute settlement platform is International centre for settlement of investment disputes (ICSID). One of the key ideas of establishment of such a dispute settlement instrument was an implementation of autonomous and objective system of Investor-states dispte sttlement (ISDS) by the “independent forum”. While procedural rights of ISDS parties are conceptually equal. However, the conc

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Glodić, Duško. "Mirno rješavanje međudržavnih sporova – određeni aspekti upotrebe diplomatskih i pravnih sredstava / Peacefull Settlement of Interstate Disputes – Certain Aspects of the Use of Diplomatic and Judicial Means." Годишњак факултета правних наука - АПЕИРОН 6, no. 6 (2016): 151. http://dx.doi.org/10.7251/gfp1606151g.

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Development of inter-state relationships may lead to the point where diverging attitudes of States appear regarding a concrete issue. In certain situations, this divergence can be treated as a dispute, either of diplomatic or legal nature. All States are due to settle their disputes by peaceful means, which further implies their duty to undertake measures to overcome the dispute. The use of force is, in principle forbidden in the dispute settlement. The International Law and diplomacy have developed a number of means for dispute settlement. Those means are grouped in two sets: diplomatic and j

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Astuti, Hesti Dwi. "KENDALA PENYELESAIAN SENGKETA KONSUMEN MELALUI BADAN PENYELESAIAN SENGKETA KONSUMEN (BPSK)." Jurnal Hukum Mimbar Justitia 1, no. 2 (2017): 572. http://dx.doi.org/10.35194/jhmj.v1i2.41.

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Empowering costumers is a form of awareness on the specific characteristics in the world of costumers, the different interest among different parties which have various bargaining positions, has been given space in the field of costumer dispute settlement which is a good policy in empowering costumers. A special institution which has been appointed to resolve costumer disputes is the Costumer Dispute Settlement Agency (BPSK). Costumer Dispute Settlement Agency is an independent agency or institute, a public agency which has the duty and authority such as implementing the handling and settlemen

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Eddy. "The Role of the Dispute Settlement Body (DSB) in the Settlement of Trade Disputes Between Member Countries of the World Trade Organization (WTO)." Jurnal Hukum Prasada 10, no. 1 (2023): 36–42. http://dx.doi.org/10.22225/jhp.10.1.2022.36-42.

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The flow of globalization that is taking place more rapidly at this time makes free trade no longer unstoppable. The dominance of the WTO in regulating the international trade system cannot be separated from the rapid and dynamic economic growth and development among nations. In this development, disputes between countries in international trade will certainly occur. This research aims to examine the role of the Dispute Settlement Body (DSB) in the settlement of trade disputes between member countries of the World Trade Organization (WTO). This research uses a normative legal research method a

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Žunić Kovačević, Nataša. "Effectiveness of Tax Dispute Resolution Mechanisms – The Impact of the European Legal Framework on National Jurisdiction." Law, Identity and Values 4, no. 1 (2024): 271–91. https://doi.org/10.55073/2024.1.271-291.

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The search for a more effective resolution of cross-border tax disputes provokes the general question of the effectiveness of tax dispute resolution mechanisms. In recent years or even decades, a cross-border tax dispute settlement within the European Union (EU) internal market has engendered several issues and perspectives. With an overview of the Croatian tax dispute environment, there is a short analysis of alternative dispute resolution mechanisms with a basic description and a short practical evaluation. The tax dispute environment in Croatia shows that a vast majority of tax disputes the

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Jamaludin, Jamaludin. "Penyelesaian Sengketa Wakaf Melalui BASYARNAS." Misykat al-Anwar Jurnal Kajian Islam dan Masyarakat 2, no. 1 (2019): 63–84. https://doi.org/10.24853/ma.2.1.63-84.

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Each dispute must be resolved through an authorized institution. As a legal act, waqf management is a dynamic process that has the potential to cause dispute. The settlement of waqf disputes is carried out trough deliberation to reach consensus. If the settlement of the dispute is not succesful, the dispute can be resolved through mediation, arbitration, or court. If there is an arbitration clause, the court is not authorized to adjudicate the disputes of the parties who have been bound by the arbitration agreement.

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Ngangjoh-Hodu, Yenkong. "Re-constructing Dispute Settlement Mechanism in Trade and Investment Agreements: Key Considerations for the PACER Plus Negotiating Parties." Global Trade and Customs Journal 10, Issue 9 (2015): 291–307. http://dx.doi.org/10.54648/gtcj2015036.

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The last few decades have been characterized by a proliferation of Regional Trade Agreements (RTAs) which cover, inter alia, trade in goods, trade in services and investment. Hundreds of these agreements are currently in operation while a significant number are still currently being negotiated. The Pacific Agreement on Closer Economic Relations Plus (PACER Plus) falls under the latter category. While the launching of PACER Plus negotiations has been hailed by contracting parties as a development and integration instruments, the issue of the nature of dispute settlement in a final agreement tha

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Kurniawan, Rudi, and Sabela Gayo. "The Use of Mediation as Alternative Property Dispute Resolution." International Journal of Research and Review 10, no. 2 (2023): 330–38. http://dx.doi.org/10.52403/ijrr.20230242.

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Property disputes cannot be avoided in the present era, this is due to various primary needs that are very high in today's times for example the number of land plots is limited in the development of home property. This demands improvements in the field of arrangement and use of property for the welfare of the community and especially its legal certainty. For this reason, various efforts are made by the government to seek the settlement of property disputes quickly to avoid the buildup of property disputes, which can harm the community, for example, property cannot be used because the land is i

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Kyrii, O. A. "LEGAL NATURE AND CONTENT OF THE AGREEMENT BASED ON THE RESULTS OF PRE-TRIAL SETTLEMENT ADMINISTRATIVE AND LEGAL DISPUTES." Constitutional State, no. 53 (April 15, 2024): 52–62. http://dx.doi.org/10.18524/2411-2054.2024.53.300721.

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The article clarifies the essence and reveals the content of the legal nature of an agreement based on the results of the pre-trial settlement of administrative and legal disputes. The content of the agreement based on the results of the pre-trial settlement of public law disputes is investigated. As a result of the study, it is established that scholars often refer an agreement based on the results of pre-trial settlement of a public law dispute to a certain branch of law, namely, they consider it to be a type of civil law or administrative law contract. The author identifies the essential fe

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