Academic literature on the topic 'Massachusetts. Board of Conciliation and Arbitration'

Consumer Dispute Settlement Board (BPSK) , as mentioned in the Rules No. 8 Years 1999 about Consumer Protection (UUPK) which is formed by the government, is the institution that responsible for holding and resolving disputes between consumers and businesses. The basic concept of the establishment of this institution is to handle the disputes between consumers and businesses. BPSK formation is intended to overcome the vagaries of litigation that tends to have long, formal and convoluted process with the alternative dispute resolution outside the court that is based on the principle of fast, simple and low cost. This research was conducted on Consumer Dispute Settlement Board (BPSK) Kota Serang by using normative juridical approach. The author conducted a review of literature regarding consumer protection law and the settlement of consumer disputes according to consumer protection codes which were collected and classified by the record in detail, systematic and focused on literature. Furthermore, the author conducted a descriptive analysis of data, in order to obtain a complete overview of the issues regarding the settlement of consumer disputes at BPSK Kota Serang.The Results of this research conducted by the author suggest a role of BPSK Serang in solving consumer disputes according to the Law No. 8 of 1999 on Consumer Protection can be resolved in three ways, which are conciliation, mediation and arbitration on the basis of selection and consent of the parties to the dispute. Verdict forms of conciliation methods and mediation are final and binding, without having to request fiat execution to the local court, while the form of the decision taken by arbitration method has to be requested fiat execution to the local Court for the arbitration award to have the executorial power. Additionally, arbitration decision of BPSK council also still has opportunities for the objection to the District Court, counted before passing 14 (fourteen) days after the arbitration decision was notified to the parties , for the party who did not accept the decision of the BPSK’s council.

Claims are becoming inevitable and unavoidable in modern projects involving new technology, specifications, and complexities. There are many reasons for claims, for instance time extension, machinery change, material deviation, manpower, price escalation, accidents on site, changes in design, etc., which result into disputes. Confusion also exists in adoption of dispute resolution techniques, such as arbitration, conciliation, mediation, dispute resolution board, etc. In this paper, various factors responsible for claims and dispute in road projects and their intensity have been identified. The results are implied through a survey of clients, contractors, and consultants involved in road projects. The work focuses on the predominant causes of dispute and the methodology adopted by stake holders for settlement of the same.

The new Public Procurement Law introduces the Dispute Boards as a new settlement ofdisputes and contestations during the contractual execution of the work phase. The present article works, in the first place, the framework of public procurement and the controversies that are originated in the matter. Then, it will expose the development of the Dispute Boards in other countried and their characteristics. Finally, it concludes identifying the type of Dispute Boards that is being adopted in Peruvian law, showing his vantages and disadvantages.
La nueva Ley de Contrataciones del Estado, Ley N° 30225, incorpora la Junta de Resolución de Disputas, como un nuevo mecanismo de resolución de conflictos durante la fase de ejecución contractual de obras.En el artículo se desarrolla, en primer lugar, el marco de las contrataciones del Estado y las controversias que se originan en el mismo. Posteriormente, se expone el desarrollo de los Dispute Boards internacionalmente y sus características, y se concluye identificando el tipo de Dispute Boards adoptado en la legislación peruana, exponiendo sus fortalezas y debilidades.