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Journal articles on the topic 'Pre-trial settlement of economic disputes'

Author: Grafiati

Published: 28 May 2022

Last updated: 31 July 2025

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1

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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Gut, S. F. "Pre-trial procedure for settlement of economic disputes." Analytical and Comparative Jurisprudence, no. 6 (December 16, 2024): 315–19. https://doi.org/10.24144/2788-6018.2024.06.51.

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The article is devoted to the institution of pretrial dispute settlement as a type of reconciliation of the parties to the dispute. The question of assigning such an order to the stages of the judicial process is being investigated. It is proven that the pre-trial (claim) dispute settlement procedure should be recognized as an optional stage of the economic court process, because it affects the formation of the evidence base and the choice of the form of proceedings. It was concluded that, by its nature, this institute in Ukraine should be called «out-of-court (claim) procedure for dispute se

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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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Kniazev, D. V., and A. N. Kukartseva. "Mandatory Pre-trial Procedure for the Settlement of Disputes in Civil Procedure (Analysis of the Application of Part 5 of Article 4 of the Arbitration Procedure Code of the Russian Federation)." Rossijskoe pravosudie 3 (February 26, 2021): 35–47. http://dx.doi.org/10.37399/issn2072-909x.2021.3.35-47.

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The provisions of the arbitration procedural legislation on the pre-trial procedure for the settlement of the dispute are additional requirements to the filing to the court in comparison with civil procedural legislation. According to the legislator, on the one hand, these requirements encourage the independence of commercial organizations and individual entrepreneurs in the settlement of economic disputes, on the other hand, indicate the desire of the legislator to reduce the number of arbitration disputes and increase the effectiveness of justice. About three years have passed since the appe

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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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Arzumanova, L. L. "Mediation as an alternative form of pre-trial settlement of a tax dispute: doctrinal approaches and law enforcement practice." Law Enforcement Review 5, no. 3 (2021): 156–66. http://dx.doi.org/10.52468/2542-1514.2021.5(2).156-166.

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The subject of research is the study of mediation procedure and embedding of mediation techniques in such a specific area of relations, the participants of which are the tax authority and the taxpayer. The settlement of tax disputes is quite understandable, since this mechanism allows to keep an economic entity on the market, on the one hand, and to replenish the state budget on the other.The purpose of the article is to confirm or disprove hypothesis that the current mechanism of pre-trial settlement of disputes established in the Russian Tax Code does not correspond to the techniques of the

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Sokolova, S., and K. Shumova. "Actual Problems of Family Mediation in Court Proceedings." Bulletin of Science and Practice 5, no. 10 (2019): 217–22. https://doi.org/10.33619/2414-2948/47/28.

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The article deals with the problems of family mediation in the judicial process. Currently, the settlement of family law disputes is an urgent problem of theory and practice. The development of legislation, social, legal and economic relations, as well as various crisis phenomena,  contribute to an increase in the number of civil cases in the courts. Resolution of disputes, the participants of which cannot independently come to a compromise, rests with the courts, but also the fact that the decisions taken by the court are not always the most suitable for the parties to the dispute. The i

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Yuspin, Wardah, and Abdul Aziz. "Business Dispute Settlement Through Mediation in State Courts and Arbitration Institutions." International Journal of Social Science Research and Review 5, no. 10 (2022): 352–58. http://dx.doi.org/10.47814/ijssrr.v5i10.600.

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In social life, there are often differences in perceptions between humans, causing problems or disputes, whether minor or serious. Likewise in the relationship of economic activities or more commonly known as business relations. Not infrequently humans experience a clash and differences of opinion that lead to disputes. Various problems will always arise in business as long as humans run their business solely for profit, so there are often differences of opinion because the parties will not be harmed which will eventually lead to disputes. In the end, dispute resolution, especially business di

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Petersmann, Ernst-Ulrich. "Administration of Justice in the World Trade Organization: Did the WTO Appellate Body Commit 'Grave Injustice'?" Law & Practice of International Courts and Tribunals 8, no. 3 (2009): 329–74. http://dx.doi.org/10.1163/156918509x12537882648507.

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AbstractJudicial administration of justice through reasoned interpretation, application and clarification of legal principles and rules is among the oldest paradigms of 'constitutional justice'. The principles of procedural justice underlying WTO dispute settlement procedures, like the conformity of WTO dispute settlement rulings with principles of 'substantive justice', remain controversial. This contribution criticizes the recent, harsh condemnation of the WTO dispute settlement rulings in the Brazil Tyres case as 'committing grave injustice'. After recalling the customary law requirement of

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IVANOVA, D. A., and A. A. SPIRIDONOV. "LEGAL BASES OF PRE-TRIAL SETTLEMENT OF ACTIONS OF OFFICIALS BY BUSINESS ENTITIES THROUGH THE PORTAL “STATE SERVICES”." EKONOMIKA I UPRAVLENIE: PROBLEMY, RESHENIYA 2, no. 9 (2021): 66–71. http://dx.doi.org/10.36871/ek.up.p.r.2021.09.02.009.

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The article substantiates the need to take special regulatory measures to enable controlled persons to challenge decisions, actions (inaction) of state bodies and settle emerging economic disputes in a pre-trial manner using the public services portal. This will make it possible to relieve the judicial system and free business from excessive illegal control and will contribute to the development of the economy at all levels.

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Khan, B. Zorina. "Commerce and Cooperation: Litigation and Settlement of Civil Disputes on the Australian Frontier, 1860–1990." Journal of Economic History 60, no. 4 (2000): 1088–119. http://dx.doi.org/10.1017/s0022050700026383.

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I examine the evolution of conflict and cooperation during economic growth by analyzing civil disputes in New South Wales between 1860 and 1900. Disputes per capita fell over time and the proportion of cases settled before trial increased, but patterns varied across locations and types of disputes. Economic conflicts were likelier to be settled than personal disputes, and the fraction of cases settled was significantly lower in frontier areas and in districts without access to transportation. The results suggest that increased market exchange facilitates the development of informal rules and e

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Konyukhova, A. A. "Settlement of Tax Disputes in the Russian Federation and Germany." MGIMO Review of International Relations, no. 2(41) (April 28, 2015): 269–75. http://dx.doi.org/10.24833/2071-8160-2015-2-41-269-275.

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This article is devoted to the settlement of tax disputes in the Russian Federation and the Federal Republic of Germany. The features of the conflict settlement mechanism are both shown in the stage of administrative and judicial review. In accordance with German law, the administrative stage of dispute resolution, carried out by the tax authority, always precedes the filing of a complaint to a court. Consequently, the taxpayer submits his first application in writing to the tax authority that issued the tax act, though in some cases to a higher tax authority. This obligatory procedure was bor

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Bakay, Y., and V. Kuzminа. "Mediation as an alternative way of settlement of disputes in agricultural export relations." Analytical and Comparative Jurisprudence, no. 4 (April 28, 2022): 112–17. http://dx.doi.org/10.24144/2788-6018.2021.04.19.

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The article considers the concept of mediation, which are proposed by domestic and foreign scientists. By analyzing the concept of mediation, it turned out that this alternative method of settling disputes in export relations in the agricultural sector has several advantages: no significant financial and time costs, the ability of the parties to reach a settlement compromise that allows a decision that satisfies both parties, and the presence of an impartial mediator which only has the right to guide the parties towards a common decision. Mediation is a common way of resolving disputes i

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Jelinić, Zvonimir. "Fighting recession at the expense of access to justice." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 38, no. 1 (2017): 223–39. http://dx.doi.org/10.30925/zpfsr.38.1.7.

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It is hard to remember when the last time was that one legal document raised as much controversy among legal and economic experts, entrepreneurs and wider public as it is the case with the Act on Financial Operations and Pre-Bankruptcy Settlements (AFOPS). As stated by the Croatian Government at the time of its delivery, the primary aim of the pre-bankruptcy (or insolvency) settlement proceedings was to help troubled companies to revitalize their businesses, keep jobs and to help creditors to recover their claims in a larger proportion than it would be possible if standard bankruptcy proceedin

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Mikhaylova, Ekaterina V. "Judicial Power in the System of Protection of Private and Public Rights in the Implementation of Anti-Crisis Measures." Russian judge 1 (January 11, 2024): 43–47. http://dx.doi.org/10.18572/1812-3791-2024-1-43-47.

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The ways of improving the civil procedural and arbitration procedural legislation in order to improve the anti-crisis measures taken by the state are considered. It is proposed to exclude the possibility of both extrajudicial and judicial reconciliation of the parties to public law conflicts. It is shown that the mandatory pre-trial (claim) procedure for the settlement of civil disputes needs regulatory regulation and the consolidation of clear criteria for determining the proper fulfillment of the obligation to resolve the dispute. It is recommended to fix the presence of a notarized mediatio

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MirantiDwiCahyani, Intan Pelangi M. Sofwan Taufiq. "PENYELESAIAN SENGKETA EKONOMI SYARIAH SECARA LITIGASI DI PENGADILAN AGAMA METRO KELAS IA." Muhammadiyah Law Review 6, no. 2 (2022): 18. http://dx.doi.org/10.24127/lr.v6i2.2212.

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Along with the development of the era of growth and development of Islamic Financial Institutions (LKS) in Indonesia is now increasingly rapidly. The rapid development of Islamic banking and financial institutions also has an impact on the greater possibility of problems or disputes between related parties such as service providers and the people being served.The problems of this research are as follows: 1. How is the settlement of sharia economic disputes in litigation with Case Number 0431/Pdt.G/2020/PA.Mt in the Metro Religion Court Class IA?. 2. What is the judge's decision on the settleme

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17

Suhendar, Heris, and Yadi Janwari. "REGULATION AND SIGNIFICANCE OF SHARIA ECONOMIC DISPUTE RESOLUTION IN RELIGIOUS COURTS." Jurnal Ilmu Hukum Tambun Bungai 8, no. 2 (2023): 304–19. http://dx.doi.org/10.61394/jihtb.v8i2.267.

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Religious courts have a function as actors of independent judicial power at the first level to administer justice to uphold law and justice. To carry out their functions, religious courts are given the duty and authority to examines, decide and resolve cases at the first instance between people of the Islamic faith, one of which is in the field of sharia economics. The urgency of this research is to explain and analyse the implementation of Radbruch's legal objectives in the trial process, so as to produce a fair and certain court decision. Therefore, this research aims to examine the regulati

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Barabanov, Anton A., and Vladimir I. Kaynov. "Referees Court as an Alternative Way of Settlement of Disputes in the Sphere of Business: History and Present." Administrative Consulting, no. 11 (June 7, 2018): 139–44. https://doi.org/10.22394/1726-1139-2018-11-139-144.

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In the article, problems of activity of the referees courts on the example of Ancient Rome and its current state are considered. For our country the referees courts — rather new system of solving of economic disputes. Now activity of the referees courts is subject to criticism from business community and demands further improvement. One of the main advantages of transfer to the referees court of the arisen dispute is its faster consideration. Nevertheless, now the number of appeals to the referees courts are not enough. The low authority of institute of the referees courts and low awaren

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Mafruh, Muhamad Hasan, Muhammad Iqbal Fasa, and Ahmad Kumedi Ja'far. "Penyelesaian Sengketa Ekonomi Syariah di Pengadilan Agama pada Masa Pandemi Covid-19." Al-Kharaj : Jurnal Ekonomi, Keuangan & Bisnis Syariah 4, no. 2 (2021): 542–56. http://dx.doi.org/10.47467/alkharaj.v4i2.697.

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The authority to adjudicate sharia economic disputes has absolutely become the authority of the Religious Courts since the issuance of Law No. 3/2006 concerning Amendments to Law No. 7/1989 concerning Religious Courts and strengthened by Law No. 21/2008 concerning Sharia Banking and the Constitutional Court Decision No. 93/PUU-X/2012. Every year, Islamic economic transactions always increase, even though during the pandemic, Islamic banking in Indonesia grows positively. However, the higher and increasing sharia economic transactions in Indonesia, the more disputes that occur. During the curre

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Muhammad, Hasanuddin. "Efektifitas dan Efisiensi Penyelesaian Sengketa Ekonomi Syariah di Peradilan Agama." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 7, no. 1 (2024): 33. http://dx.doi.org/10.29300/mzn.v7i1.2561.

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The Supreme Court, as the highest judicial body, should ensure the realization of effective and efficient justice with the principles of simplicity, speed, and affordability. This study assesses the extent to which Supreme Court Regulations govern and achieve an effective and efficient judicial system in resolving Islamic economic disputes within religious courts. Employing a qualitative approach with a normative juridical perspective, it was found that the Supreme Court has enacted various regulations to enhance the efficiency of the judiciary. These include Supreme Court Regulation Number 2

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Muhammad, Hasanuddin. "EFEKTIFITAS DAN EFISIENSI PENYELESAIAN SENGKETA EKONOMI SYARIAH DI PERADILAN AGAMA." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 7, no. 1 (2020): 35. http://dx.doi.org/10.29300/mzn.v7i1.3192.

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The era of the industrial revolution 4.0 has brought great changes to the human. The Supreme Court as the highest judicial body should embody effective and efficient justice with the simple, fast, and low cost princeples. This study examines the extent to which the Supreme Court Regulations regulate and embody an effective and efficient judicial system in resolving Islamic economic disputes in religious courts. This type of research is qualitative with a normative juridical approach. As a result, the Supreme Court has issued several rules as an effort to embody an effective and efficient judic

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Himayasari, Neng Dewi, Arif Rijal Anshori, and Ira Siti Rohmah Maulida. "Legal Effectiveness of The Supreme Court Regulation on Sharia Economic Dispute Settlement in West Java Religious Court." Mizan: Journal of Islamic Law 6, no. 1 (2022): 77. http://dx.doi.org/10.32507/mizan.v5i3.1072.

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Religious Courts are given the authority to settle sharia economic disputes in Article 49 of Act Number 03, 2006 about Religious Courts and has been confirmed by the decision of the Constitutional Court number 93/PUU-X/2012. Implementation the Supreme Court is given attributive authority to fill legal voids because the settlement of sharia economic disputes carried out by the Religious Courts does not yet have a formal law so that there is a legal vacuum. To realize the principle of a simple, fast and low-cost trial, the Supreme Court issues various legal policies, one of which is in the form

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Barthel, Erik R., Bruce E. Stabile, David Plurad, et al. "Surgical Malpractice in California: Res Judicata." American Surgeon 80, no. 10 (2014): 1007–11. http://dx.doi.org/10.1177/000313481408001021.

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Medical negligence claims are of increasing concern to surgeons. Although noneconomic damage awards in California are limited by the Medical Injury Compensation Reform Act (MICRA) law to $250,000, the total amount of such settlements can increase significantly based on claims for economic damages. We reviewed negligence litigation involving California surgeons to determine outcomes and monetary awards through retrospective review of surgical malpractice cases published in a legal journal. This review was limited to actions involving general surgeons. Such litigation was voluntarily reported by

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Vennikova, V. V. "Disputes in the sphere of social security: ways of prevention, essence and methods of resolution in the countries of the European Union." Analytical and Comparative Jurisprudence, no. 3 (September 28, 2022): 98–102. http://dx.doi.org/10.24144/2788-6018.2022.03.17.

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The article examines the European experience of considering disputes in the field of social security, the ways of their prevention, the essence and methods of resolution, the possibility of borrowing positive assets of foreign states in the law enforcement practice of Ukraine is considered. Having analyzed the European experience of resolving disputes in the field of social security, three ways of their possible settlement are distinguished: 1) with the help of special courts on social security issues (sectoral justice); 2) through a civil process in general courts; 3) by means of concil

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Mardani, Mr. "Penyelesaian Sengketa Bisnis Syariah." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 22, no. 2 (2012): 298. http://dx.doi.org/10.22146/jmh.16224.

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The fast development of Islamic economic system in Indonesia stimulates a number of sharia-based businesses. This writing discusses the settlement methods of shariabased business disputes through Islamic arbitration, mediation, and court trial process whereby the parties may choose to be tried under the jurisdiction of district court or Islamic court. Ekonomi Islam di Indonesia berkembang pesat sehingga memunculkan berbagai bentuk bisnis yang berbasis syariah. Tulisan ini akan membahas berbagai cara penyelesaian sengketa bisnis yang berbasis syariah, seperti melalui arbitrase Islam, mediasi, a

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Kudeikina, Inga, and Sandra Kaija. "Truth in Criminal and Civil Proceedings: Ensuring Sustainable Development of Society and Social Peace." European Journal of Sustainable Development 12, no. 4 (2023): 355. http://dx.doi.org/10.14207/ejsd.2023.v12n4p355.

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The right to a fair trial is a key element of the rule of law. It should be noted that the right to a fair trial has a complex structure, because securing this right is both a goal, or a state’s positive commitment to ensuring citizens’ rights, and a means of achieving this goal. The obligation to tell the truth as a principle of procedure constitutes the core of a fair trial. The concept of ‘fair trial’ would be a mere fiction if the state would not demand that parties to the case tell the truth in proceedings. There is no doubt that a dispute can be solved in reliance on true facts, true sta

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Nevagi, Abhay, and Siddharth Jabade. "New Labour Codes & Better Management Skills Equals Ease of Doing Business." Journal of Law and Sustainable Development 11, no. 11 (2023): e1372. http://dx.doi.org/10.55908/sdgs.v11i11.1372.

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Objective: To examine whether new labour codes are enough for Ease of Doing Business? Or are there some Management Skills that are required? Conceptual Foundation: Sensitive handling of labour disputes is important for Ease of Doing Business in any nation seeking economic stability. India’s efforts to attract investments by improving Ease of Doing Business through labour reforms are significant. The Centre subsumed 29 Labour Laws into four Labour Codes, cut the number of sections from 1,548 to 480 and is framing rules and aligning these codes with State laws. While these changes are important,

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UIMANOVA, VALERIA. "EXPERT PROCEDURE AS A TYPE OF ALTERNATIVE PRE-ARBITRATION PROCEDURE." LEGAL BULLETIN 1, no. 8 (2023): 143–52. https://doi.org/10.5281/zenodo.11189882.

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Cross-border proceedings of business entities have become an important part of the foreign economic activity of companies. In this regard, the parties, taking into account the nature of the relationship between them, the features of the concluded contract, construct an arbitration agreement in advance, which helps the parties to resolve the dispute. Business entities are increasingly turning to alternative dispute resolution procedures that meet such principles as speed, efficiency and cost minimization. One of the possible arbitration procedures is the procedure of expert trial. The main goal

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Aiyub Kadir, M. Ya'kub, and Lena Farsia. "The Inconsistency of ICSID Awards Over Argentina Cases." Hasanuddin Law Review 6, no. 1 (2020): 1. http://dx.doi.org/10.20956/halrev.v6i1.1844.

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This paper discusses the inconsistency of International Centre for Settlement of Investment Disputes (ICSID) awards over an emergency situation in Argentina in 2001. Utilising a doctrinal methodology under Third World Approach to International Law (TWAIL) paradigm, this paper explores the argument set out in Argentina case in the first trial and its appeals, then makes an effort to find out the better and systematic argument for Argentina. Therefore, this paper contributes to factually understanding the different argument from two perspectives in ICSID proceedings which has been contested and

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Payne, Julien D. "Family Conflict Management and Family Dispute Resolution on Marriage Breakdown and Divorce: Diverse Options." Question d’actualité en droit de la famille comparé 30, no. 4 (2014): 663–87. http://dx.doi.org/10.7202/1027763ar.

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Family law is only one piece of the puzzle as separating and divorcing couples attempt to manage the conflict and deal with the practical problems arising on marriage breakdown. Divorce is a process, not an event. It is multi-faceted. The emotional dynamics of marriage breakdown may require a time consuming therapeutic response but parenting and economic arrangements must be resolved expeditiously. There is a tendency to assume that spouses who are locked in conflict will find themselves in court. In reality, fewer than four per cent of divorces proceed to trial. The costs of litigation are fa

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Mukharinov, A. A. "Some Problems of Patent Law Development in the Russian Federation." Russian Law Online, no. 2 (July 31, 2024): 64–71. http://dx.doi.org/10.17803/2542-2472.2024.30.2.064-071.

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The paper presents and analyzes the problems associated with the development of patent law. The development of the patent system in Russia will have a positive impact on economic growth and will provide a certain autonomy in the economic sphere. The urgency of this problem is associated with the rapid technological development of other states. The author gives three main reasons for the weak development of the patent sphere in the Russian Federation: intellectual migration, imperfection of the legal regulation of patent legislation and problems associated with the legal protection of a patent,

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SARDINHA, ELSA. "Towards a New Horizon in Investor–State Dispute Settlement? Reflections on the Investment Tribunal System in the Comprehensive Economic Trade Agreement (CETA)." Canadian Yearbook of international Law/Annuaire canadien de droit international 54 (October 2017): 311–65. http://dx.doi.org/10.1017/cyl.2017.10.

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AbstractThe Comprehensive Economic Trade Agreement (CETA) between Canada and the European Union is the first treaty to specify new rules governing the identity and tenure of arbitral members and provide a more extensive review function through a two-tiered investment tribunal system (ITS). CETA signals a shift towards a more public and judicialized system, akin to that of many national legal systems and the World Trade Organization. The ITS creates a permanent first instance tribunal and an appeal tribunal (featuring a pre-elected roster of tribunal members), which is competent to review the t

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Деркач, Е. М. "Щодо способів захисту прав та інтересів суб'єктів господарювання у сфері транспорту". Форум права 66, № 1 (2021): 75–84. https://doi.org/10.5281/zenodo.4249263.

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<strong>Постановка проблеми. </strong>Сьогодні проблемними є питання захисту прав та інтересів суб'єктів господарювання в сфері транспорту, визначення напрямків розвитку відповідного законодавства. Зазначається, що з розвитком транснаціонального права електронної торгівлі виникають специфічні правові утворення, спрямовані на забезпечення саморегуляції відносин комерційного характеру, можливості їх учасників самостійно обирати право, що підлягає застосуванню, при врегулюванні відносин у сфері транспорту (lex maritime тощо). <strong>Метою </strong>роботи є розробка нових теоретико-правових п

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Ahmad, Zulkarnain, Nila Sastrawati, and Ashar Sinilele. "Peranan Mediator dalam Penyelesaian Sengketa Ekonomi Syariah di Pengadilan Agama Makassar Kelas 1A." Iqtishaduna: Jurnal Ilmiah Mahasiswa Hukum Ekonomi Syari'ah 2, no. 3 (2020): 62. http://dx.doi.org/10.24252/iqtishaduna.v2i3.18829.

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AbstrakPenelitan ini dilakukan dengan tujuan untuk mengetahui peranan mediator dalam menyelesaikan sengketa ekonomi syariah melalui mediasi di Pengadilan Agama Makassar Kelas 1A, Jenis penelitian yang digunakan dalam penelitian ini adalah kualitatif yang berbentuk penelitian lapangan (field research), dengan menggunakan pendekatan secara empiris. Sumber data penelitian ini adalah data dan wawancara kepada hakim ekonomi syariah yang memiliki serfikat mediator di Pengadilan Agama Makassar kelas 1A. Hasil penelitian menunjukkan bahwa peranan dan proses mediator dalam penyelesaian sengketa ekonomi

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Shahi, Charu, and Sachin Rastogi. "Challenges in Enforcing Awards in Investor State Disputes." GLS Law Journal 3, no. 2 (2021): 18–38. http://dx.doi.org/10.69974/glslawjournal.v3i2.47.

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For many centuries, the pursuit of justice has been a universal human aspiration. Aspirations such as justice-social, economic, and political may be found in the Constitution's preamble. According to the Constitution, Article 39-A ensures that everyone has equal access to the court system. Adversarial litigation isn't the only way to settle conflicts, as the world has seen. Overcrowding in courtrooms, a scarcity of personnel, and other issues including delay, expense, and formality all point to the need for more innovative solutions. If you want to use an ADR mechanism, all you have to do is c

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Jones, Chris. "Plus Ça Change, Plus Ça Reste le Même? The New Zanzibar Land Law Project." Journal of African Law 40, no. 1 (1996): 19–42. http://dx.doi.org/10.1017/s0021855300007105.

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The picture of pre-Protectorate and Protectorate land tenure that emerges from the reported judicial resolutions of land disputes in Zanzibar and the legislation introduced is that of overlapping interests in one and same parcel of land (such as planting banana trees on someone else's land), a charitable toleration of land occupation by persons who had little but their labour to subsist by (such as not having to pay rents on the Sultan's lands or waqf properties, or at least very little), mobility by way of settlement on unoccupied lands through negotiation or silent acquiescence without forma

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Azizov, Bunyod. "ISSUES OF SIMPLIFICATION AND IMPROVEMENT OF ADMINISTRATIVE DISPUTE RESOLUTION PROCESSES IN UZBEKISTAN." Jurisprudence 2, no. 2 (2022): 61–70. http://dx.doi.org/10.51788/tsul.jurisprudence.2.2./gzfv3225.

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The article analyzes the experience of pre-trial settlement of administrative disputes abroad and in the Republic of Uzbekistan. The experience of foreign countries has shown that there are different ways to resolve disputes and that pre-trial settlement mechanisms are being used effectively. Establishing mechanisms for the pre-trial resolution of administrative disputes will allow for faster, easier and more peaceful settlement of disputes. Excessive time and money of citizens will be prevented, public resources will be saved, and the workload of administrative courts will be reduced. Of cour

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Zeng, Ka. "Legal Capacity and Developing Country Performance in the Panel Stage of the WTO Dispute Settlement System." Journal of World Trade 47, Issue 1 (2013): 187–213. http://dx.doi.org/10.54648/trad2013006.

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Existing literature has yielded some evidence suggesting that developing countries are less likely to file World Trade Organization (WTO) trade disputes or to secure concessions in the consultation stage instead of the panel stage of the dispute settlement process. Furthermore, this 'bias' in the use of the dispute settlement mechanism against developing countries has often been attributed to developing countries' lack of legal capacity, or the financial, human and institutional resources available to analyse, pursue or litigate a dispute. However, much of this literature focuses on the constr

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Denikaeva, Razela N., Evgeniy A. Pervyshov, and Alina M. Dinaeva. "TO THE QUESTION OF PRE-JUDICIAL SETTLEMENT OF TAX DISPUTES." EKONOMIKA I UPRAVLENIE: PROBLEMY, RESHENIYA 10/1, no. 130 (2022): 116–21. http://dx.doi.org/10.36871/ek.up.p.r.2022.10.01.016.

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In the article, the author analyzes the features of pre-trial settlement of tax disputes in Russia. The problems that reduce the use of the pre-trial procedure are analyzed, as well as proposals are formulated for improving the legal regulation of the pre-trial procedure for the settlement of tax disputes. Particular attention is paid to the institution of tax mediation.

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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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FILCHENKO, D. G., and E. A. EVTUKHOVICH. "ON THE CONCEPT AND CONTENT OF “ANOTHER ORDER OF PRE-TRIAL SETTLEMENT OF DISPUTES, ESTABLISHED BY THE AGREEMENT”." Herald of Civil Procedure 11, no. 4 (2021): 282–98. http://dx.doi.org/10.24031/2226-0781-2021-11-4-282-298.

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The article analyzes the provisions of the arbitration procedural legislation and the practice of its application on a different pre-trial dispute settlement procedure established by the contract. A different pre-trial procedure is considered as an alternative to the general claim procedure for resolving disputes. The characteristic features of a different pre-trial order have been revealed. The authors summarized the practice of arbitration courts, highlighting other demanded pre-trial dispute settlement procedures. In particular, examples of atypical other methods of dispute settlement are p

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Pertli, I. R., and V. A. Sinenko. "Pre-trial procedure settlement disputes on land tax." RUDN Journal of Agronomy and Animal Industries, no. 2 (2016): 31–38. http://dx.doi.org/10.22363/2312-797x-2016-2-31-38.

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Kolpakov, V. K., and D. V. Holoborodko. "Principles of pre-trial settlement of administrative disputes." Legal position, no. 4 (2022): 173–77. http://dx.doi.org/10.32782/2521-6473.2022-4.32.

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Pauwelyn, Joost. "WTO Dispute Settlement Post 2019: What to Expect?" Journal of International Economic Law 22, no. 3 (2019): 297–321. http://dx.doi.org/10.1093/jiel/jgz024.

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ABSTRACT What does the imminent demise of the WTO Appellate Body (AB) mean for the settlement of ongoing and future trade disputes? This editorial discusses two ‘unlikely solutions’, at least in the short term: the US lifts its veto on AB appointments; a WTO organ unlocks the impasse. Appeals pending on 10 December 2019 will most likely be carried-over pursuant to (contested) Rule 15 of the AB Working Procedures. For panel reports released after that date, four main scenarios emerge: (i) appeals ‘into the void’ blocking the panel report, (ii) no appeal ex post, or ex ante no appeal pacts, (iii

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Jerzak, Norbert. "Starania wrocławskiego Kościoła o uzyskanie swobody gospodarczej i sądowej na swych dobrach w I poł. XIII wieku – umowa z 1249 r." Wrocławski Przegląd Teologiczny 21, no. 2 (2013): 213–30. https://doi.org/10.52097/wpt.2878.

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By the end of the twelfth century the bishopric of Wrocław owned a lot of goods and become a major economic power, although it was not sovereign against princely power. On the lands, which were granted to the Bishop, were goods belonging to the prince or knights and it was the separation of power. This situation has helped the prince to keep the right to use the benefice of ecclesiastical property. The Church had to apply for the immunity privileges, defining the power of the Church to his estate (the statute of Łęczyca from 1180), the acquisition of the economic and judicial immunity and the

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Nazarova, Anna Sergeevna. "The procedure for moving goods purchased in foreign online stores." Mezhdunarodnaja jekonomika (The World Economics), no. 9 (September 20, 2021): 692–99. http://dx.doi.org/10.33920/vne-04-2109-04.

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This article discusses possible ways to improve the system of comprehensive prevention of violations of customs legislation, provided for by the Development Strategy of the customs service of the Russian Federation until 2030. Ways to improve the system of comprehensive prevention of violations of customs legislation are qualitative increase in the level of legal literacy of all participants in customs legal relations; development of interactive services for interaction of customs authorities with participants in customs legal relations to clarify issues related to compliance with mandatory re

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В.В., Прядкин,. "The Place of Pre-Trial Dispute Settlement Mechanisms in Civil Proceedings." Vestnik of Russian New University. Series "Man and society", no. 4 (October 15, 2022): 109–16. http://dx.doi.org/10.18137/rnu.v9276.22.04.p.109.

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Рассматривается вопрос места механизмов досудебного урегулирования споров в отечественной правовой системе в рамках гражданского судопроизводства. Приведена и проанализирована имеющаяся судебная и досудебная статистика по разрешенным спорам. Проведен анализ правового и фактического статуса механизмов досудебного урегулирования споров. The article deals with the issue of the place of mechanisms of pre-trial settlement of disputes in the domestic legal system in the framework of civil proceedings. The available judicial and pretrial statistics on resolved disputes are presented and analyzed. The

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Pertli, I., and V. Sinenko. "Settlement of disputes on land tax. Pre–trial procedure." Bulletin of Science and Practice, no. 2 (February 15, 2017): 348–55. https://doi.org/10.5281/zenodo.291948.

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Currently, land resources are increasingly acting subject to various transactions, procedures and projects, which is required to estimate their value. According to the Federal Law of 29.07.1998 №135-FZ “On Valuation Activities in the Russian Federation” under the cadastral value is the value of which is established as a result of state cadastral valuation of any consideration of disputes on the results of determination of the cadastral value of the court or the Commission for disputes about the results of the definition cadastral value. The cadastral value of the land is a certain calculated v

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Vasilyev, Ilia A. "Pre-trial settlement of individual labor disputes of athletes: A brief review." Russian Journal of Labour & Law 15 (2025): 259–69. https://doi.org/10.21638/spbu32.2025.118.

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The Federal Statute “On Physical Culture and Sports in the Russian Federation” 04.12.2007 No. 329-FZ provides for the right of all-Russian sports federations to establish jurisdictional bodies for the pre-trial resolution (settlement) of disputes in high-performance sports and professional sports. One of the categories of such disputes is individual labor disputes between athletes and coaches, from the one hand, and clubs, national federations, from the other hand. The International Football Federation (FIFA) is one of the few international sports associations that have established norms on th

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Степанова, Марина. "Development of the pre-trial settlement system for insurance disputes." Известия Иркутской государственной экономической академии 26, no. 4 (2016): 622–28. http://dx.doi.org/10.17150/2500-2759.2016.26(4).622-628.

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