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Journal articles on the topic 'Parties to a public law dispute'

Author: Grafiati

Published: 30 May 2022

Last updated: 31 July 2025

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1

Astreyko, Viktoriya Viktorivna. "Mediation as an alternative way of resolving disputes in public-law relations." Alʹmanah prava, no. 15 (September 1, 2024): 481–86. https://doi.org/10.33663/2524-017x-2024-15-481-486.

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The article is devoted to establishing the possibilities and features of using mediation in public-law relations as one of the alternative ways of resolving disputes in this area. Taking into account Recommendation (2001) 9 of the Committee of Ministers of the Council of Europe on alternatives to judicial review of disputes between administrative bodies and parties-persons, the Code of Administrative Procedure, the Laws of Ukraine «On Mediation», «On Administrative Procedur», it has been proven that mediation can be applied not only in the sphere of administrative proceedings, but also in proc

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2

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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3

Sianturi, Michael, Ari Dwi Putra, and Muhammad Fernanda. "Analysis of Patterns for Settlement of Dispute Rights to Land of Indigenous Law Communities." Return : Study of Management, Economic and Bussines 1, no. 02 (2022): 72–84. http://dx.doi.org/10.57096/return.v1i02.15.

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Backgrounds: Solution Dispute on soil Public law custom conducted through discussion for consensus with each other honor the position of each party that also involves Local Government . aim: for analyze pattern solution dispute right on soil Public law custom Methods: use p approach comparative approach _ this conducted with stage studies comparison law . Findings: Solution disputes that can taken in solution dispute soil ulayat is through discussion for consensus and solution through track law that is lawsuit to State Administrative Court for get certainty law and protection

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Sianturi, Michael, Ari Dwi Putra, and Muhammad Fernanda. "Analysis of Patterns for Settlement of Dispute Rights to Land of Indigenous Law Communities." Return : Study of Management, Economic and Bussines 1, no. 2 (2022): 72–84. https://doi.org/10.57096/return.v1i2.15.

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Backgrounds: Solution Dispute on soil Public law custom conducted through discussion for consensus with each other honor the position of each party that also involves Local Government . aim: for analyze pattern solution dispute right on soil Public law custom Methods: use p approach comparative approach _ this conducted with stage studies comparison law . Findings: Solution disputes that can taken in solution dispute soil ulayat is through discussion for consensus and solution through track law that is lawsuit to State Administrative Court for get certainty law and protection for the parties t

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5

Leshchina, E. L. "The Legal Nature of Public Service Disputes concerning the Legality of Imposition of Disciplinary Sanctions." Lex Russica, no. 9 (October 2, 2021): 21–31. http://dx.doi.org/10.17803/1729-5920.2021.178.9.021-031.

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The paper examines the concept of a public service dispute as a type of a legal conflict, as a protective legal relationship and a juridical procedural activity. The author analyzes the modern terminology of a public service dispute enshrined in the legislation regulating public service, identifies the shortcomings of legal definitions. The author establishes and describes the mechanisms for the consideration of public service disputes provided for by the legislation.The main approaches to the definition of a public service dispute are analyzed. The author has highlighted its features as a com

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6

Slyvka, Mariia. "The concept and socio-legal value of the reconciliation of the parties in the administrative judiciary of Ukraine." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 11, no. 41 (2024): 327–31. http://dx.doi.org/10.23939/law2024.41.327.

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The article is aimed at research of the concept and socio-legal significance of the reconciliation of the parties in the administrative proceedings of Ukraine. On the basis of legal methods of scientific knowledge, such as: dialectical, logical-formal, comparative-legal, etc., modern approaches to understanding the legal nature and essence of the concept of “reconciliation” are considered. It is proposed to consider the reconciliation of the parties in administrative proceedings as based on the principles of law and the norms of the current legislation, a voluntary and quick way of amicable (p

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Siregar, Nurdin, and Radisman Saragih. "Penyelesaian Sengketa Para Pihak di Bidang Bisnis melalui Arbitrase." to-ra 2, no. 1 (2016): 305. http://dx.doi.org/10.33541/tora.v2i1.1133.

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Arbitration is a way of solving civil disputes outside the public courts based the arbitration agreement made in writing by the parties to the dispute. The arbitration agreement is an agreement in the form of the arbitration clause contained in a written agreement made by the parties before a dispute arises or a separate arbitration agreement made by the parties after a dispute arises. In everyday life with various activities of members of today’s society, immense possibility of friction-friction in running business and trade that ended with disputes between members of the public and businesse

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8

Ustyuzhaninova, Ekaterina A. "Mediation in Public Law of Great Britain." Administrative law and procedure 6 (June 17, 2021): 64–67. http://dx.doi.org/10.18572/2071-1166-2021-6-64-67.

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Mediation as one of alternative dispute resolution means has been successfully applied in the civil relationship sphere in Great Britain for a long time, for example, in cases on protection of consumer rights or cases involving commercial activities. Mediation is not an obligatory condition for addressing a court, refusal from mediation may lead to negative consequences for the parties in the legal expense distribution. Courts are constantly emphasizing their interest in early settlement of disputes including public law ones that are reviewed in the judicial review procedure: the jurisdiction

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9

Slyvka, V. V., and M. M. Slyvka. "Grounds for reconciliation of the parties in the administrative proceedings of Ukraine." Uzhhorod National University Herald. Series: Law, no. 67 (January 16, 2022): 220–23. http://dx.doi.org/10.24144/2307-3322.2021.67.42.

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The article is devoted to the study of the grounds for reconciliation of the parties in the administrative proceedings of Ukraine. It is noted that under the grounds of reconciliation in the administrative proceedings of Ukraine it is advisable to understand a set of mandatory circumstances of the actual reality, the combined presence of which allows to resolve a public law dispute through reconciliation. It is indicated that in the administrative proceedings of Ukraine there are three groups of grounds for reconciliation of the parties: – normative – is a system of norms of

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10

Dewi, Ni Made Trisna. "Penyelesaian Sengketa Non Litigasi Dalam Penyelesaian Sengketa Perdata." Jurnal Analisis Hukum 5, no. 1 (2022): 81–89. http://dx.doi.org/10.38043/jah.v5i1.3223.

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The judiciary is basically formed to try and solve problems, but in reality sometimes it is not able to solve the problems faced by the parties, sometimes even causing new problems, namely prolonged hostility between the disputing parties. The problems that will be discussed in this research are What are the legal remedies for non-litigation settlement in dispute resolution according to civil law?, and what are the obstacles to resolving non-litigation disputes according to civil law? The research method used is an empirical research method that is guided by data collection techniques with dir

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11

Amarini, Indriati, Noorfajri Ismail, Yusuf Saefudin, Zeehan Fuad Attamimi, and Astika Nurul Hidayah. "Exploring the Effectiveness of Mediation in Resolving Disputes in the Indonesian Administrative Court." Journal of Indonesian Legal Studies 9, no. 1 (2024): 353–84. http://dx.doi.org/10.15294/jils.vol9i1.4632.

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This study analyzes mediation in administrative dispute resolution in Indonesian Administrative Courts. The settlement of administrative disputes through mediation is not recognized in the Administrative Court procedural law. Mediation in the dispute resolution process in Administrative Courts is still a matter of debate. One of the parties to the dispute is a public body or official who is included in the realm of public law, so that mediation is not possible. The execution of Administrative Court decisions that have permanent legal force does not guarantee justice and legal certainty. This r

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12

Arestova, L. "THE CASE OF ADMINISTRATIVE JURISDICTION: THEORETICAL ASPECTS OF LEGAL DISPUTES ARISING FROM PUBLIC-LEGAL RELATIONS." Scientific Notes Series Law 1, no. 11 (2021): 97–102. http://dx.doi.org/10.36550/2522-9230-2021-11-97-102.

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The author determined that the conflict of interests is that in substantive or procedural legal relations, according to the non-governmental entity, violates his subjective public interest in the implementation of subjective public (eg, the right to vote, civil service) or private law (for example, the right to land), the satisfaction of public (for example, the desire to use the road surface in excellent condition) or private interest (for example, the desire to become a lawyer). It is determined that the administrative court, resolving the dispute between the parties, promotes the settlement

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13

Melezhik, Y. "Dispute resolution with the participation of a judge, mediation, amicable agreement, dispute resolution in an arbitration court as measures of alternative dispute resolution." Analytical and Comparative Jurisprudence, no. 1 (March 1, 2025): 200–204. https://doi.org/10.24144/2788-6018.2025.01.32.

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The article notes that in accordance with the pilot decisions of the European Court of Human Rights, Ukraine should develop the institution of reconciliation of the parties. An innovative legal institution that was introduced into the system of civil procedural law of Ukraine was the institution of dispute resolution with the participation of a judge. In 2021, the Law of Ukraine “On Mediation” was adopted, which defined the legal principles and procedure for conducting mediation as an out-of-court procedure for resolving a conflict (dispute), the principles of mediation, the status of a mediat

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14

Abdullah, Iqbal Alan. "The Comparative of Arbitration Performance and Public Court on Settlement of Civil Disputes in Indonesia." Academic Journal of Interdisciplinary Studies 12, no. 5 (2023): 212. http://dx.doi.org/10.36941/ajis-2023-0139.

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The purpose of this study is to describe the comparison of dispute resolution mechanisms by arbitration and dispute resolution through general courts. This study uses normative juridical, referring to legal norms which include laws and regulations, court decisions and applicable legal rules. Furthermore, this research will answer legal issues regarding dispute resolution through arbitration. Normative legal research is "legal research conducted by examining literature (secondary data). The results of the study indicate that there are two choices of arbitral institutions to resolve disputes, na

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15

Abney, Sherrie R. "The Evolution of Civil Collaborative Law." Texas Wesleyan Law Review 15, no. 3 (2009): 495–515. http://dx.doi.org/10.37419/twlr.v15.i3.1.

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The alternative dispute resolution family has experienced a number of changes over the last century. Litigation, the great grandfather of modern day dispute resolution, has been the procedure chosen by the majority of people to resolve their problems for literally thousands of years-primarily because it was the only legal choice available to most parties. Litigation has been tweaked by lawmakers and courts, but it is basically conducted in the same manner that it was conducted before the Pilgrims landed at Plymouth Rock. The only other institutions that have survived with little change over th

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16

Sasmiar, Sasmiar, Umar Hasan, and Suhermi Suhermi. "LEGAL CERTAINTY OF ALTERNATIVE DISPUTE RESOLUTION MEDIATION." Bengkoelen Justice : Jurnal Ilmu Hukum 14, no. 1 (2024): 25–44. http://dx.doi.org/10.33369/jbengkoelenjust.v14i1.33432.

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If you look deeper into the substance of arbitration, the regulations are more dominant compared to the regulations regarding alternative dispute resolution. This arrangement is very important regarding the legal capacity of a mediator in carrying out his mediation function. Alternative dispute resolution in Indonesia is a tradition that has been implemented for a long time, such as in customary law in rural communities. An alternative model for resolving disputes in customary law communities is carried out by means of deliberation to reach a consensus. Dispute resolution through mediation is

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17

Yarema, O. G. "Alternative forms of resolution of administrative and legal disputes." Analytical and Comparative Jurisprudence, no. 1 (March 20, 2024): 467–71. http://dx.doi.org/10.24144/2788-6018.2024.01.83.

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Alternative forms of administrative-legal dispute resolution are considered in the article based on current legislation. The object of the study is public- legal relations that are formed in the process of resolving administrative-legal disputes. The subject of the research is the theoretical, organizational, legal and applied aspects of public legal regulation of alternative resolution of administrative-legal disputes. The purpose of the research is to build a theoretical model of alternative resolution of legal disputes. The methodological basis is a dialectical method of cognition using spe

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18

Suadi, Amran. "Preference of Non-litigation Procedures through Alternative Dispute Resolution in the Settlement of Sharia Economic Disputes." Lex Publica 5, no. 2 (2018): 1–12. http://dx.doi.org/10.58829/lp.5.2.2018.1-12.

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Besides the settlement of cases through litigation in courts, there is another institution of non-litigation settlements through Alternative Dispute Resolution (ADR). From the normative side, it is clear that alternative dispute resolution is given a wide space to solve disputes between citizens and citizens and the state, especially regarding sharia economic disputes. Law No. 30 of 1999 concerning Arbitration and Alternative Case Resolution regulates dispute resolution outside the Court through Consultation, Negotiation, Mediation, Conciliation, and Expert Assessment. Law No. 30 of 1999 conce

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19

Tejo, Eko Susanto, Mega Rahayu, Andrian Yogapranatha, Verawati Gunawan, Imas Rosidawati Wiradirja, and Nugraha Pranadita. "Violation of Arbitration Principles in the Cancellation of National and International Arbitration Decisions by Judicial Institutions." International Journal of Research and Review 12, no. 1 (2025): 376–88. https://doi.org/10.52403/ijrr.20250147.

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The development of globalization has brought Indonesian into free market and free competition, so that it is impossible to avoid disputes. Disputing parties generally resolve their disputes through courts. However, the parties can also choose alternative dispute resolution outside the courts, one of which is through arbitration. The only advantage of arbitration is its confidential nature as the decision is not published and the arbitration decision is final and binding on the parties. Businessmen avoid publicity over disputes between them, because they do not want company secrets to be known

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20

de Vries, Rachel Frid. "Jurisdictional Competition: Domestic Courts or Arbitral Tribunals? Lessons from the CJEU Judgments on EU’s Economic Agreements with Non-EU States." European Studies 9, no. 2 (2022): 15–61. http://dx.doi.org/10.2478/eustu-2022-0013.

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Abstract Summary A judgement by a domestic court in an international economic dispute, where the parties have agreed on an International Dispute Settlement Mechanism (IDSM), may be legitimate from the perspective of domestic law. However, it might entail concerns from the perspective of third states and Public International Law (PIL). Such concerns might be aggravated by the broadening of delicate foreign relations elements and protections for investors woven into international economic agreements. In the absence of clear PIL rules for conflicts arising from overlapping jurisdictional claims,

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21

Sobakar, A., and R. Opatskyi. "Mediation as a form of pre-trial resolution of disputes regarding forced alienation of property for public needs or for reasons of public necessity." Analytical and Comparative Jurisprudence, no. 1 (May 29, 2023): 396–400. http://dx.doi.org/10.24144/2788-6018.2023.01.67.

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In order to fulfill the tasks of the research, an attempt was made to solve the following tasks: to find out the essence of the mediation procedure, the principles and legal bases of its implementation in public legal relations; to reveal the content of mediation as a form of pre-trial settlement of disputes regarding forced alienation of property for public needs or for reasons of public necessity. It was found that mediation is one of the alternative (out-of-court) ways of resolving public-law disputes, by means of which two or more parties to a dispute try to reach an agreement within

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22

Koroleva, V. V., and D. A. Dykun. "PROBLEMATIC ASPECTS OF PRE-TRIAL SETTLEMENT OF COMMERCIAL DISPUTES." Legal Bulletin 76, no. 4 (2022): 47–53. http://dx.doi.org/10.31732/2708-339x-2022-04-47-53.

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The article is devoted to the main problems of such an important institution of law as pre-trial settlement of commercial disputes. The paper considers public relations in the field of pre-trial settlement of legal disputes related to he implementation of business and other economic activities, in their relationship with the mechanism of consideration and resolution of cases in commercial courts. The authors investigate the legal nature and essence of pre-trial settlement of commercial disputes; its types are analyzed; the main approaches to the similar settlement of economic disputes in devel

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23

Drličková, Klára. "Arbitrability and Public Interest in International Commercial Arbitration." International and Comparative Law Review 17, no. 2 (2017): 55–71. http://dx.doi.org/10.2478/iclr-2018-0015.

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Summary The aim of this article is to analyse the mutual relationship between arbitrability and public interest. The definition of arbitrability has remained in the domain of national law; there is no internationally unified definition, although a common trend towards the extension of its scope may be observed. There is no doubt about arbitrability in disputes concerning only the individual interests of the parties. However, if the dispute shows elements of public interest, it does not automatically imply that it is not arbitrable. A sign of equation thus cannot be put between public interest

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Isa, Mohamad Jusuf Husain, Nur Zakiah, and Fitri Fuji Astuti Ruslan. "Upaya Non Litigasi Dalam Penyelesaian Sengketa Penyerobotan Tanah." Jurnal Multidisiplin Madani 2, no. 3 (2022): 1461–76. http://dx.doi.org/10.54259/mudima.v2i3.591.

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Non litigation efforts in dispute revolution of land invasions (study implementation of article 1 paragraph (10) law no. 30 in 1999 in the manuba village, malusetasi district, district of barru). In this paper, the authors raised the issue of Non-Litigation Efforts In Dispute Resolution of land invasions. The choice of the theme motivated by resolving disputes in court that takes a long time and certainly need much money, as well as the final result determine the losing and the winning side, because the principle of Indonesian society are conference and kinship. According to Article 1, paragra

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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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CÎMPEAN, Daniela, Roxana VORNICU, and Dacian C. DRAGOȘ. "Public-Private Arbitration in Romanian Law." Transylvanian Review of Administrative Sciences, no. 64 E (October 15, 2021): 24–46. http://dx.doi.org/10.24193/tras.64e.2.

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The article endeavors to introduce the constitutional and statutory framework for arbitration in Romania, whilst discussing the dilemmatic legislative provisions allowing for public entities to become parties in an arbitration dispute. It includes a discussion of the concept of administrative contracts in Romania and a chronological analysis of the evolution of public-private arbitration under administrative contracts. Some of the landmark Romanian public-private arbitrations under international investment treaties have held the public agenda in recent years and they shape the public debate on

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Meshel, Tamar. "Procedural Cross-Fertilization in International Commercial and Investment Arbitration: A Functional Approach." Journal of International Dispute Settlement 12, no. 4 (2021): 585–616. http://dx.doi.org/10.1093/jnlids/idab024.

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Abstract This article examines the potential for beneficial procedural cross-fertilization between internationalcommercial and investment arbitration from a functional perspective. The article argues that botharbitration regimes share a ‘private’ dispute resolution function of resolving specific disputes, butonly investment arbitral tribunals also exercise a ‘public’ law-making function of developing the lawapplicable to the resolution of disputes. The article considers two recent procedural developmentsin international arbitration rulesjoinder of third parties and publication of arbitral awar

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Meshel, Tamar. "Procedural Cross-Fertilization in International Commercial and Investment Arbitration: A Functional Approach." Journal of International Dispute Settlement 12, no. 4 (2021): 585–616. http://dx.doi.org/10.1093/jnlids/idab024.

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Abstract This article examines the potential for beneficial procedural cross-fertilization between internationalcommercial and investment arbitration from a functional perspective. The article argues that botharbitration regimes share a ‘private’ dispute resolution function of resolving specific disputes, butonly investment arbitral tribunals also exercise a ‘public’ law-making function of developing the lawapplicable to the resolution of disputes. The article considers two recent procedural developmentsin international arbitration rulesjoinder of third parties and publication of arbitral awar

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Melianus T, Giovanni, I. Nyoman Budiana, and Sheanny Scolastika. "JURIDICAL ANALYSIS ON THE LEGAL CHOICE CLAUSE AND DISPUTE SETTLEMENT IN THE FRANCHISE AGREEMENT." Journal Equity of Law and Governance 1, no. 1 (2021): 37–47. http://dx.doi.org/10.55637/elg.1.1.3243.37-47.

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Collaboration in the trade sector both at the national and international levels in the form of a franchise looks simple, but behind it, there are various problems that require attention from both the public or parties as well as from the Indonesian government. This is because the franchise agreement conducted by the parties often involves foreign parties who have a different legal system from Indonesia. This situation has the potential to create a conflict of law. Therefore, this study aims to provide legal solutions to disputes that may occur between the franchisor and the franchisee so that

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Abdoli, Fardin. "Examining the Status of Arbitration in Iranian Law with an Emphasis on Imami Jurisprudence." Interdisciplinary Studies in Society, Law, and Politics 4, no. 2 (2025): 59–71. https://doi.org/10.61838/kman.isslp.4.2.6.

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Arbitration is an ancient institution that Iranians have long utilized, and particularly in light of Islamic regulations, arbitration and the non-adversarial resolution of disputes have been regarded as a commendable practice among Iranians. In recent decades, arbitration has gained a special position in international trade, and merchants and those involved in international commercial affairs have found it to be a favorable and relatively reliable method for resolving their commercial disputes. Consequently, today, the dispute resolution clause has become a relatively essential and standard pr

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Revano, Mochamad Ricky, Muh Nasir, and Andhyka Muchtar. "The Role of the National Sharia Arbitration Board in Alternative Dispute Resolution." Journal of Legal and Cultural Analytics 3, no. 1 (2024): 33–40. http://dx.doi.org/10.55927/jlca.v3i1.7668.

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The Sharia Arbitration Board is an institution whose mission is to resolve disputes peacefully based on Sharia principles without interference from public courts. This effort is made to provide legal certainty for legal subjects in dispute in Sharia economics. Law Number 30 of 1999 regulates that arbitration has the right to resolve problems and disputes related to civil law, including the economic, business, financial, trade, and industrial sectors by applying sharia principles. The method used is a qualitative descriptive and library research approach by analyzing documents, data, and inform

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Slyvka, Maria, and Vasyl Slyvka. "Subject composition of the procedure for conciliation of the parties in the administrative judiciary of Ukraine and EU member states." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 10, no. 37 (2023): 195–201. http://dx.doi.org/10.23939/law2023.37.195.

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he article discloses the subject composition of the procedure of conciliation of the parties in the administrative proceedings of Ukraine and EU member states. It is noted that the main subjects of the procedure of conciliation of the parties in administrative proceedings are the parties to the dispute themselves, who wished to reconcile, and the legislation should influence these subjects only with the aim of facilitating their achievement of peace. It is indicated that today the judge appears in the conciliation procedure as: 1) "relatively active conciliator"; 2) the subject of judicial con

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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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Mikhailova, Ekaterina V. "Methods and forms of resolution of interstate disputes." Gosudarstvo i pravo, no. 3 (2023): 128. http://dx.doi.org/10.31857/s102694520024819-1.

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The article is devoted to the search for an answer to the question about the criteria for determining the methods and forms of protection of violated or contested rights in interstate legal conflicts. The problem of dispute resolution procedures in which sovereign states and international entities act as parties is currently particularly acute. International cooperation is acquiring the broadest forms, which results not only in the improvement of the positions of states in certain areas, but also in the growth in the number of interstate and international conflicts. Based on the analysis of th

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Schepard, Andrew. "The Uniform Collaborative Law Act: Behind and beyond ABA approval." Family Court Review 63, no. 2 (2025): 305–23. https://doi.org/10.1111/fcre.12852.

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AbstractIn 2011 the American Bar Association's (ABA) House of Delegates (HOD) voted against endorsing the Uniform Collaborative Law Act (UCLA) drafted by the National Conference of Commissioners on Uniform State Law (NCCUSL). In 2024 the ABA HOD reversed position and endorsed the UCLA. This article explores why and how the change came about and its implications for the future of collaborative law. Collaborative Law is a dispute resolution process in which lawyers represent clients for a limited purpose—to negotiate settlement of a dispute. Parties and their counsel sign a participation agreeme

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ZAKALENKO, Olena, and Olha BOLSHAKOVA. "Lawsuit as a protective tool for subjective rights, freedoms, interests and exercises of authorities in administrative jurisdiction (theoretical aspect)." Economics. Finances. Law 11/1, no. - (2022): 5–9. http://dx.doi.org/10.37634//efp.2022.11(1).1.

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Given the current conditions of Ukraine's development as a legal state, administrative justice is the institution that is designed to guarantee the protection of human rights against possible arbitrariness and abuse by authorities. A lawsuit in administrative proceedings is the legal instrument that ensures the initiation of administrative-judicial protection of the rights and freedoms of citizens against illegal decisions, actions and inaction of subjects of authority, which is implemented according to the rules of administrative proceedings. An administrative lawsuit performs the function of

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Bansal, Sharad. "The Dampening Effect of Foreign Mandatory Laws." Asian International Arbitration Journal 14, Issue 2 (2018): 165–79. http://dx.doi.org/10.54648/aiaj2018009.

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Party autonomy – a foundational facet of international arbitration – is often at loggerheads with public policy elements. A recurrent debate in international arbitration has been the extent of limits imposed by public policy on party autonomy. One aspect of this debate is when parties expressly opt for a law governing the merits of the dispute, can an arbitral tribunal derogate from such law and apply a mandatory rule which it finds to be relevant to the dispute? This issue has repercussions on the enforceability of arbitration agreements as well as arbitral awards where mandatory rules are in

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Tsuvina, Tetiana. "Realization of res judicata principle in civil proceedings: the experience of foreign countries." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 220–25. http://dx.doi.org/10.36695/2219-5521.1.2020.44.

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 The article is devoted to the analysis of res judicata as an essential element of the legal certainty. Res judicata is considered to be one of the main guaranties of the legal certainty principle in civil procedure which allows a stability of the court decisions in democratic society and increase the public confidence to judiciary.  The author analyzes national characteristics of the realization of the principle of res judicata in civil procedure of foreign countries. The author explores the preclusion effect of court decisions, highlighting two effects of the res judicata princip

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Santoso, Purwanto Budi, Wira Fanciska, and Dhody AR Widjaja Atmadja. "PENYELESAIAN SENGKETA PEMBERIAN GANTI KERUGIAN DALAM PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM ATAS TANAH HAK GUNA BANGUNAN DIATAS HAK PENGELOLAAN DIKAITKAN DENGANASAS KEPASTIAN HUKUM." CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah 2, no. 3 (2025): 360–76. https://doi.org/10.62335/cendekia.v2i3.1020.

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Disputes over compensation generally arise from two things: First, the lack of public understanding regarding the scope of land acquisition objects. Second, the community does not understand the basis for calculating the amount of compensation and even believes they can determine the amount of compensation according to their wishes. Although dispute resolution has been regulated in detail and openly in legislation (Law No. 2 of 2012), the majority of the public still feels compelled to accept the outcome of the decision. Dispute resolution in land acquisition for public development prioritizes

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Ebenezer Hutagalung, Zainal Mutaqqin, and Muhamad Amirulloh. "Opportunities for Implementing Alternative Dispute Resolution (ADR) in Settlement of Tax Disputes in Indonesia." Journal of Law, Politic and Humanities 5, no. 3 (2025): 2196–204. https://doi.org/10.38035/jlph.v5i3.1572.

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The emergence of tax disputes as a consequence of differences in interests between tax authorities and taxpayers is a normal thing to happen. However, if an excessive number of tax disputes occur, this has the potential to create legal uncertainty, both for taxpayers and tax authorities. In theory and practice, a dispute resolution mechanism has developed as an implementation of law enforcement outside of court (non-litigation), namely a form of dispute resolution using the services of a neutral third party without going through a court process agreed upon by the parties. Indonesia already has

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Arsal, Fathur Riyadhi. "The Role of International Arbitration Institutions in Resolving Business Disputes Between Countries." Indonesian Journal of Law and Justice 1, no. 4 (2024): 11. http://dx.doi.org/10.47134/ijlj.v1i4.2137.

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Arbitration is an option that businesses frequently use to resolve conflicts. Arbitration, as an institution in the field of judicial proceedings outside of public courts, is a highly useful way of settling disputes or disagreements that arise in the fulfillment of agreements or contracts, particularly in both national and international private law. This arbitration organization is commonly utilized in commercial and investment transactions. In this research, the approach used is normative juridical, which evaluates and tests secondary facts in the form of positive law. This research is descri

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Wolfrum, Rüdiger. "The Normativity of Public International Law Reconsidered." Proceedings of the ASIL Annual Meeting 114 (2020): 33–37. http://dx.doi.org/10.1017/amp.2021.5.

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The Order of the International Court of Justice (ICJ) of January 23, 2020 on the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar) might form a preliminary starting point for this brief address. The Order confirms that public international law defines through international treaties, customary international law, and general principles legally binding commitments and rights of states. As a matter of consequence, based upon those norms, judgments, orders, and awards of international courts and tribunals are legally binding on the parti

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Qtaishat, Khaldoun Said Saleh. "Jurisdiction in Intellectual Property Disputes." Journal of Law and Sustainable Development 12, no. 1 (2024): e2759. http://dx.doi.org/10.55908/sdgs.v12i1.2759.

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Objectives: This study seeks to highlight what international jurisdiction in intellectual property disputes is contractual or non-contractual, in order to identify problems related to the subject, including specific controls, and the extent to which the governing rules relate to public order. The scope of the research is limited to the relevant provisions of the Convention and of the law, indicating the position of the Iraqi and Egyptian legislature and referring to certain French and other laws. There are two types of disputes raised by intellectual property rights. The first is violations su

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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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Wardi, Utama, Yaswirman Yaswirman, Ismail Ismail, and Gafnel Gafnel. "Comparative Analysis of Islamic Family Law and Customary Law in the Settlement of Inheritance Disputes in Indonesia." Hakamain: Journal of Sharia and Law Studies 3, no. 1 (2024): 13–25. http://dx.doi.org/10.57255/hakamain.v3i1.330.

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The settlement of inheritance disputes in Indonesia is a complex issue involving various legal systems, including Islamic family law and customary law. This study aims to conduct a comparative analysis between these two legal systems in the context of inheritance dispute resolution. This research employs a qualitative approach with case study methods, examining court decisions, interviews with legal practitioners, and a review of relevant legal literature.The findings show that Islamic family law, based on Sharia principles, has a formal structure and stricter procedures in resolving inheritan

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Manik, Herlina. "Eksistensi Lembaga Adat Melayu Jambi Dalam Penyelesaian Sengketa Masyarakat Adat." Jurnal Selat 6, no. 2 (2019): 213–24. http://dx.doi.org/10.31629/selat.v6i2.1323.

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Disputes that arise in the community can disrupt the public order. For this reason, efforts are needed so that’s every dispute can be resolved so that the balance in the community order can be restored. The purpose of this study is to determine the extent of the existence of customary institutions in resolving disputes and also to find out what processes or steps are taken by traditional institutions in resolving disputes. This research was conducted in Jambi. This type of researsh is sociological juridical. Data collection was conducted through interviews, data were analyzed by qualitative an

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Zhu, Weidong. "The Recognition and Enforcement of the Foreign Arbitral Awards with No Foreign Element in China." Journal of International Arbitration 32, Issue 3 (2015): 351–59. http://dx.doi.org/10.54648/joia2015014.

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It is a hot topic in China in recent years among arbitration scholars and practitioners whether Chinese parties may submit their disputes with no foreign element to a foreign arbitral institution. The ruling made by the No. 2 Intermediate People's Court of Beijing on 20 January 2014 refusing the recognition and enforcement of an arbitration award made by the Korean Commercial Arbitration Board raised public concern over the issue again. This is the first arbitration award made by the Korean Commercial Arbitration Board denied recognition and enforcement in China and also the first foreign arbi

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Šumpíková, Markéta, and Ina Ďurčeková. "Transaction Costs, Outsourcing, and the Public Procurement Review Process in the Czech Republic and Slovakia." NISPAcee Journal of Public Administration and Policy 12, no. 2 (2019): 233–50. http://dx.doi.org/10.2478/nispa-2019-0021.

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AbstractPublic procurement is a crucial activity undertaken by the public sector. However, public procurement entails a wide range of transaction costs. While many papers focus on the ex-ante transaction costs, it is equally important to evaluate the types of ex-post transaction costs. The disputes stemming from conflicts between procuring authorities and proposers often bring additional costs to both parties. One of the ways to ensure that the procuring authority wins the dispute is using the services of an external law firm to represent the procuring authority in the review process. The aim

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Wellington, Alex. "Taking Codes of Ethics Seriously: Alternative Dispute Resolution and Reconstitutive Liberalism." Canadian Journal of Law & Jurisprudence 12, no. 2 (1999): 297–332. http://dx.doi.org/10.1017/s0841820900002253.

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Alternative dispute resolution has the potential to be many things to many people, although it cannot, of course, be everything to everybody. A careful reflection on the appropriate role and scope of alternative dispute resolution will evidence that it has much to offer the legal profession and the legal system. For one thing, it can rejuvenate the practice of law for its practitioners, being both fun and fascinating. It can also help to improve the public perceptions of lawyers, which may be sinking to all time lows. One way of approaching the topic is to suggest that lawyers need alternative

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Thoe, Maria Suryati Dorman, Darius Mauritsius, and Chatryen M. Dju Bire. "Penerapan Hukum Adat Terkait Sengketa Tanah Wida Antara Masyarakat Kampung Lawir Dan Masyarakat Kampung Kakor Kecamatan Langke Rembong Kabupaten Manggarai Nusa Tenggara Timur." Artemis Law Journal 2, no. 2 (2025): 667–80. https://doi.org/10.35508/alj.v2i2.21360.

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This empirical legal research investigates a land dispute in Indonesia between the Lawir village community (descendants of Rona) and the Kakor village community (descendants of Wina), originating from a land grant to Wina upon her marriage. The study identifies the factors causing this potential conflict and examines the provisions of customary law in its resolution. Data was collected through interviews and literature review, and analyzed descriptively-qualitatively. The findings reveal that the dispute is triggered by the Kakor community's desire to sell the land, the absence of formal owner

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