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Journal articles on the topic 'Settlement And enforcement'

Author: Grafiati

Published: 4 June 2021

Last updated: 4 February 2022

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1

Anzenberger, Philipp. "The Cross-Border Enforcement of Court Settlements within Brussels Ia Regulation: From a European and an Austrian Perspective." Lexonomica 12, no. 2 (2020): 149–62. http://dx.doi.org/10.18690/lexonomica.12.2.149-162.2020.

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Despite the enormous practical relevance of court settlements, the Brussels Ia Regulation contains only a few explicit provisions for the cross-border enforcement of this legal instrument. This can cause difficulties in borderline cases, for example when it is doubtful whether the legal act in question is to be classified as a settlement or a judgment or which specific European regulation is applicable to a settlement containing several different claims. This paper provides a general overview of the rules for the enforcement of court settlements under the Brussels Ia Regulation and examines so

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2

Sławicki, Piotr. "Settlement concluded before a mediator in criminal proceedings as an enforcement." Nowa Kodyfikacja Prawa Karnego 58 (March 3, 2021): 25–40. http://dx.doi.org/10.19195/2084-5065.58.3.

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The article presents the legal nature of mediation settlements in criminal proceed-ings. The ﬁ rst chapter describes the genesis of the provisions governing a mediation settlement. Subsequently, proceedings will be presented regarding the issue of a writ of enforcement. The last part will deal with the issue of the legal nature of a settlement in enforcement proceedings.

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Žukauskaitė, Miglė. "Enforcement of Mediated Settlement Agreements." Teisė 111 (May 20, 2019): 205–17. http://dx.doi.org/10.15388/teise.2019.111.12.

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[full article, abstract in English; abstract in Lithuanian] Upon the recent finalization of the Singapore Mediation Convention, a comparative analysis is conducted in the article between the newly prepared instrument and two other international enforcement mechanisms of mediated agreements offered by the EU Mediation Directive and SIAC-SIMC Arb-Med-Arb protocol, both currently in force.

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Van Zelst, Bastiaan, and Mathew P. Good. "Transatlantic enforcement of Dutch collective settlement judgments: the case of Canada." Maastricht Journal of European and Comparative Law 27, no. 1 (2020): 29–54. http://dx.doi.org/10.1177/1023263x19888590.

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This article aims to discuss the enforcement of foreign collective action and settlement judgments in Canada. More specifically, it investigates the enforceability of the decision by the Amsterdam Court of Appeal declaring binding a class settlement in the Ageas case. The development of the Netherlands into a prime venue for (cross-border) collective settlements – including with respect to claimants and defendants residing across the Atlantic – renders a discussion of the enforceability of court decisions pertaining to the collective settlement of disputes of interest from a Dutch, EU and extr

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Pelzman, Joseph, and Amir Shoham. "WTO Enforcement Issues." Global Economy Journal 7, no. 1 (2007): 1850105. http://dx.doi.org/10.2202/1524-5861.1245.

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In theory, the WTO dispute settlement system is expected, via an elaborate system of sequential legal maneuvers to ensure the implementation of the dispute settlement body (DSB) recommendations. In reality when trade issues rise above some critical threshold to a respondent, the theory behind the DSU enforcement breaks down and the well meaning legal system only leads to prolonging the dispute rather than resolving it. Since 1995, more than 300 complaints have been filed through the WTO dispute settlement system. In most cases, the parties reach a mutually satisfactory solution in accordance w

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6

Sharp, Alan, and Conan Fischer. "The Versailles Settlement: Enforcement, Compliance, Contested Identities." Diplomacy & Statecraft 16, no. 3 (2005): 419–22. http://dx.doi.org/10.1080/09592290500245271.

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7

Zaring, David. "Enforcement against the Biggest Banks." Journal of Financial Regulation 7, no. 1 (2021): 1–47. http://dx.doi.org/10.1093/jfr/fjab005.

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ABSTRACT Being a big bank means the regular payment of huge fines to a number of different regulators, paired with profuse apologies, and promises to do better next time. This article makes use of a hand-collected dataset to show how this enforcement worked in the United States after the passage of the Dodd-Frank Wall Street Reform Act. American regulators have tended to hunt the big banks in packs, with multiple regulators pursuing fines against financial institutions for the same misconduct. Regulators frequently enforce in a ‘viral’ manner: once they sanction one bank for a type of miscondu

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G. Schwab, Gregory. "SEC changes course: some companies must now admit wrongdoing." Journal of Investment Compliance 15, no. 1 (2014): 33–34. http://dx.doi.org/10.1108/joic-01-2014-0005.

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Purpose – To educate the audience about a significant change in SEC enforcement policy Design/methodology/approach – Research was performed of SEC officials' recent public statements about the change in enforcement policy. Findings – The SEC has increased enforcement activity in recent years, and the commission will begin insisting on admissions of wrongdoing in future settlement negotiations. Practical implications – Private litigants will seize on any admissions exacted by the SEC from corporate defendants. This could result in huge damage awards in private civil litigation. Originality/valu

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Greene, Carlton, Thomas Hanusik, Cari Stinebower, and Sarah Bartle. "AML compliance in the age of individual accountability." Journal of Investment Compliance 18, no. 3 (2017): 44–47. http://dx.doi.org/10.1108/joic-06-2017-0045.

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Purpose To analyze FinCEN’s settlement with Thomas Haider and examine regulatory agencies’ emphasis on individual accountability and the implications of this emphasis for anti-money laundering (AML) compliance personnel, and to provide practical guidance for personnel who have involvement with or oversight of corporate AML programs. Design/methodology/approach This article analyzes the Thomas Haider settlement and its importance for individuals involved in AML compliance functions. This analysis includes an examination of several recent corporate and individual enforcement actions to contextua

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10

Treichl, Clemens. "The Singapore Convention: Towards a Universal Standard for the Recognition and Enforcement of International Settlement Agreements?" Journal of International Dispute Settlement 11, no. 3 (2020): 409–29. http://dx.doi.org/10.1093/jnlids/idaa013.

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Abstract The Singapore Convention seeks to establish a universal standard for the recognition and enforcement of international settlement agreements resulting from mediation. Assuming it finds wide acceptance, the Convention could harmonize existing enforcement mechanisms, the effect of which typically does not extend to foreign jurisdictions. Ideally, this could leverage mediation in a similar way as the New York Convention helped establish arbitration as the prime means of dispute settlement on the international plane. After contextualizing the Singapore Convention in light of the increasing

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11

Berlin, Artyom. "Legal Nature and Enforcement of Settlement Agreements: Comparative Review." Russian Law Journal 8, no. 3 (2020): 116–40. http://dx.doi.org/10.17589/2309-8678-2020-8-3-116-140.

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The article is devoted to two major issues: the substantive nature of settlement agreement, and legal remedies available for a creditor under compromise which interest is not satisﬁed voluntarily. Both issues are covered from comparative perspective employing Russian and the United States statutes, case law and doctrine. First, the paper demonstrates that, while Russian doctrines has evolved a sui generis approach to substantial nature of settlement agreement, United States tend to consider it as special contractual type with consideration granted speciﬁcally for termination of a legal dispute

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12

Bown, Chad P., and Kara M. Reynolds. "Trade Agreements and Enforcement: Evidence from WTO Dispute Settlement." American Economic Journal: Economic Policy 9, no. 4 (2017): 64–100. http://dx.doi.org/10.1257/pol.20150145.

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This paper examines implications of the terms-of-trade theory for the determinants of outcomes arising under the enforcement provisions of international agreements. Like original trade agreement negotiations, formal trade dispute negotiations are modeled as potentially addressing the terms-of-trade externality problem that governments implement import protection above the globally efficient level so as to shift some of the policy's costs onto trading partners. The approach first extends the Bagwell and Staiger (1999, 2011) model from trade agreement accession negotiations to the setting of enf

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Guo, Yvonne. "From Conventions to Protocols: Conceptualizing Changes to the International Dispute Resolution Landscape." Journal of International Dispute Settlement 11, no. 2 (2020): 217–41. http://dx.doi.org/10.1093/jnlids/idz023.

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Abstract The recently-concluded Singapore Mediation Convention and Hague Judgements Convention have aimed to facilitate the cross-border enforcement of mediated settlement agreements and court judgements in the same way that the New York Convention has facilitated the cross-border enforcement of arbitral awards. This shift in the international dispute resolution landscape is analysed on three levels: normative, strategic and operational. Drawing from theories of private international law, international political economy and comparative public policy, this article asserts that convergent public

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Sattler, Thomas, Gabriele Spilker, and Thomas Bernauer. "Does WTO Dispute Settlement Enforce or Inform?" British Journal of Political Science 44, no. 4 (2013): 877–902. http://dx.doi.org/10.1017/s0007123413000136.

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Whereas some researchers emphasize how World Trade Organization (WTO) dispute settlement reduces complexity and clarifies legislation, others argue that dispute rulings promote co-operation by providing an enforcement mechanism. This article identifies empirical implications from these distinct arguments and tests them on WTO disputes from 1995 to 2006. The study's analytical approach combines a three-step coding of dispute escalation with a strategic bargaining model and statistical backwards induction to account for governments’ forward-looking behavior. It finds strong support for the argum

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Yakovleva, I. A. "A Settlement Agreement in an Administrative Dispute: Problems of Theory and Tendencies in Law Enforcement." Actual Problems of Russian Law 15, no. 1 (2020): 54–61. http://dx.doi.org/10.17803/1994-1471.2020.110.1.054-061.

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The paper has analyzed approaches to the issue of conclusion of a settlement agreement in administrative cases. The author justifies the possibility of conclusion of the settlement agreement in an administrative dispute. The settlement agreement (a conciliation agreement) serves an evidentiary and compromise function and, in the case of a dispute with the antimonopoly authority, may be resorted to as a means of protecting competition by referring in the text of such agreements to specific acts commission of which or omission to commit which is aimed at securing competition. The paper considers

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Grosskopf, John W., and Michael Mutnan. "Use of environmental management systems in settlement of enforcement actions." Environmental Progress 21, no. 3 (2002): 175–81. http://dx.doi.org/10.1002/ep.670210315.

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17

Brinn, Hope. "Improving Employer Accountability in a World of Private Dispute Resolution." Michigan Law Review, no. 118.2 (2019): 285–314. http://dx.doi.org/10.36644/mlr.118.2.improving.

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Private litigation is the primary enforcement mechanism for employment discrimination laws like Title VII, the Americans with Disabilities Act, and many related state statutes. But the expansion of extrajudicial dispute resolution—including both arbitration and prelitigation settlement agreements—has compromised this means of enforcement. This Note argues that state-enacted qui tam laws can revitalize the enforcement capacity of private litigation and provides a roadmap for enacting such legislation.

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Juška, Žygimantas. "The Effectiveness of Private Enforcement and Class Actions to Secure Antitrust Enforcement." Antitrust Bulletin 62, no. 3 (2017): 603–37. http://dx.doi.org/10.1177/0003603x17719764.

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The U.S. system has relied heavily on antitrust class actions as a means of ensuring compensation and deterrence. Although this tool seems sensible in theory, the reality is that it remains highly controversial. On the one hand, commentators argue that class actions force defendants to settle cases lacking merit. Even if a settlement agreement is assumed to have a merit, class actions are accused of doing a poor job in compensating victims and deterring wrongdoers. On the other hand, the proponents of class actions claim that there is no reliable empirical evidence proving that class action sc

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Rusdiana, Erma. "MEDIATION EXISTENCE CRIMINAL PENAL SETTLEMENT." UNTAG Law Review 2, no. 1 (2018): 38. http://dx.doi.org/10.36356/ulrev.v2i1.720.

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Indonesian Constitution states that all people of Indonesia are entitled to equal treatment before the law as stated in Article 28 D, paragraph 1 of the 1945 Constitution, but they are not always easily access it. The principle of justice is simple, fast and low cost can’t be reached by most people. Currently, there is also a change and dynamics of complex societies and regulations in some legislation. It also has implications on the public nature of the criminal law has shifted its relative entered the private sphere with known and practiced penal<em> </em>mediation.<strong>

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Rodliyah, Rodliyah. "Diversion as an Alternative Criminal Case Settlement." International Journal of Multicultural and Multireligious Understanding 6, no. 4 (2019): 433. http://dx.doi.org/10.18415/ijmmu.v6i4.1013.

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This study examines diversion as an alternative settlement of criminal cases. The method used in conducting research is a normative method with a statutory approach. Implementatively diversion in the settlement of criminal cases other than adults will greatly reduce the burden of law enforcement officials in handling cases, besides that the diversion policy will also meet the needs of people who want to handle cases quickly and at a low cost.

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21

Umar, Iswandi. "IMPLEMENTASI RENCANA TATA RUANG PERMUKIMAN DAN ARAHAN KEBIJAKAN PEMBANGUNAN DI KABUPATEN TANAH DATAR, PROVINSI SUMATERA BARAT." Jurnal Pengelolaan Sumberdaya Alam dan Lingkungan (Journal of Natural Resources and Environmental Management) 9, no. 2 (2019): 276–87. http://dx.doi.org/10.29244/jpsl.9.2.276-287.

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In Indonesia the implementation of the spatial plan is only a small part of the plan. The impact of incompatibility with spatial planning is the deterioration of environmental quality. Tanah Datar District has a growth rate of settlements of 0.8 percent/year period 2000-2017. The purpose of this research is to determine index consistency of spatial plan and determination of policy direction of development of settlement area. To determine the consistency index of spatial planning to do a comparison between land use with the spatial plan. Land use map produced from Landsat ETM + 8, and map spati

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22

Jeong, Sun Ju. "Singapore Convention on Mediation and Recognition and Enforcement of Settlement Agreement." CIVIL PROCEDURE 24, no. 2 (2020): 1–37. http://dx.doi.org/10.30639/cp.2020.06.24.2.1.

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23

Peters, Niek. "The enforcement of mediation agreements and settlement agreements resulting from mediation." Corporate Mediation Journal 3, no. 1-2 (2019): 13–19. http://dx.doi.org/10.5553/cmj/254246022019003102005.

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24

Mozhilyan, Sergey A. "Challenging Issues of Settlement Enforcement in a Civil and Arbitration Procedure." Arbitrazh-civil procedure 9 (September 10, 2020): 43–47. http://dx.doi.org/10.18572/1812-383x-2020-9-43-47.

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25

Rosas, A. "Implementation and enforcement of WTO dispute settlement findings: an EU perspective." Journal of International Economic Law 4, no. 1 (2001): 131–44. http://dx.doi.org/10.1093/jiel/4.1.131.

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26

Bradley, Kieran. "Agreeing to Disagree: The European Union and the United Kingdom after Brexit." European Constitutional Law Review 16, no. 3 (2020): 379–416. http://dx.doi.org/10.1017/s1574019620000231.

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Brexit – Withdrawal Agreement – Article 50 TEU – Negotiations – Legal character of agreement – Transition period – ‘New legal order’ – ‘Due regard’ – ECJ jurisdiction – Governance – Enforcement and supervision – Dispute settlement – Future relations

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Pigawati, Bitta, Nany Yuliastuti, and Fadjar Hari Mardiansjah. "PEMBATASAN PERKEMBANGAN PERMUKIMAN KAWASAN PINGGIRAN SEBAGAI UPAYA PENGENDALIAN PERKEMBANGAN KOTA SEMARANG." TATALOKA 19, no. 4 (2017): 306. http://dx.doi.org/10.14710/tataloka.19.4.306-319.

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The need to settle is a basic need of people that must be fulfilled. The weakness of law enforcement and public awareness on the spatial planning implicate the emergence of settlement areas in various locations that are less suitable for its allocation. The settlements in Semarang are growing very fast and tending to be unfocused. The increase of built area especially in residential areas indicates reduced of green open space and the catchment area. This phenomenon begins to appear in the outskirts of Semarang. This study aims to examine the development of settlements that occurred during the

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Ikbal, Muhammad. "THE IMPLEMENTATION OF DISCRETION ON CRIMINAL SETTLEMENT IN THE THEFT CASES." IJCLS (Indonesian Journal of Criminal Law Studies) 2, no. 1 (2017): 90–101. http://dx.doi.org/10.15294/ijcls.v2i1.10818.

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On criminal law enforcement in Indonesia based on the principle of legality, especially in the case of theft criminal acts is necessary understanding of the purpose of punishment.Theft is a crime that has been formulated in the Indonesian Criminal Code, under Article 362. But punishment is not always done although the formulation of the offense is met because it sees in terms of subjective considerations of law enforcement. This research is normative research, so all data obtained in this research using secondary data.The results of this research are on the application of discretionary in sett

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Ngatmin, Ngatmin, and Umar Ma�ruf. "Law Enforcement Against Handling Traffic Accidents Through Non Line Under Penal of Legal Culture of Indonesian Police in Kudus." Jurnal Daulat Hukum 1, no. 4 (2018): 909. http://dx.doi.org/10.30659/jdh.v1i4.3991.

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The Police of the Republic of Indonesia (POLRI) is a tool that contributes to maintaining state security and public order. The purpose of this research: knowing and analyzing the traffic accident set in the current positive criminal law further handling traffic accidents and then through non penal later barriers and settlement solutions handling traffic accidents then then through non penal.This research is legal using empirical juridical approach or commonly referred to as the Juridical Sociological. According to his level, the study was specified as descriptive analytical research.The result

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Saputra, Happy Agung, Iwan Rachmad Soetijono, and Shofi Munawwir Effendi. "Reformulating Political Party Court Procedures in Parties' Dispute Settlement." Indonesian Journal of Law and Society 1, no. 2 (2020): 181. http://dx.doi.org/10.19184/ijls.v1i2.19345.

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This paper aims to revisit the procedures for internal dispute resolution of political parties through political party courts. Reformulation is the stage of law enforcement in abstracto by the legislature or is limited to the formulation of provisions and substances that will be regulated in law in accordance with the situation and conditions, both present and future. The political party court is an important institution in the law enforcement process that has a mixed-function, namely as a regulator, administrator, and even adjudicator with a quasi-judicial nature. Internal dispute resolution

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H. Newman, Bruce, Elizabeth Mitchell, Stephanie R. Nicolas, Andre Owens, and Ashley E. Bashur. "Recent regulatory developments provide some clarifications regarding the market access rule for broker-dealers." Journal of Investment Compliance 15, no. 3 (2014): 10–19. http://dx.doi.org/10.1108/joic-08-2014-0034.

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Purpose – To provide an overview of recent developments relating to the Securities and Exchange Commission (SEC)’s Market Access Rule, Rule 15c3-5 promulgated under the Securities Exchange Act of 1934. Design/methodology/approach – Provides a brief overview of the Rule’s requirements; highlights key points of guidance from the Frequently Asked Questions released by the Staff of the SEC’s Division of Trading and Markets in April 2014; and discusses the SEC’s first enforcement actions for alleged violations of the Rule, which include a settlement with Knight Capital Americas, LLC and administrat

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Setiawan, Peter Jeremiah, Xavier Nugraha, and Elma Putri Tanbun. "Reformulation of Dispute Resolution Mechanisms for Public Information Requests to Achieve Constructive Law Enforcement and Legal Certainty." Substantive Justice International Journal of Law 4, no. 1 (2021): 25. http://dx.doi.org/10.33096/substantivejustice.v4i1.122.

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The nature of law enforcement in resolving multi-dimensional information disputes has a logical consequence on the need for constructive law enforcement. This research aims to examine the forms of law enforcement that exist in resolving disputes over requests for public information and to formulate a constructive mechanism to realize a series of law enforcement procedures with legal certainty. This research is normative legal research using a statutory and conceptual approach. The results showed that law enforcement in the settlement of public information disputes consists of the objection, no

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Mukhtar, Sohaib. "Settlement of Disputes by Way of Arbitration in Pakistan." World Journal of Social Science Research 3, no. 4 (2016): 518. http://dx.doi.org/10.22158/wjssr.v3n4p518.

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<p><em>Arbitration is a method, through which, parties resolve their disputes; outside the court of law; by avoiding all types of technicalities of procedural law. It is one of the modes of Alternate Dispute Resolution. The Arbitration Act 1940 is the only statute in Pakistan, which deals with all types of arbitration processes in Pakistan, but it does not deal with the recognition and enforcement process of International Arbitral Awards in Pakistan. The New York Convention 1958 is enforced in Pakistan, through the Recognition and Enforcement Act 2011 and it deals with the recognit

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Putriyanti, Ayu. "The Role of Administrative Court in Settlement Administrative Dispute of General Election." SHS Web of Conferences 54 (2018): 03006. http://dx.doi.org/10.1051/shsconf/20185403006.

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The Administrative Court has competence to settlement the administrative disputes. In the regulations of general election stated that election offence administrative disputes, election dispute process, adminsistrative disputes of election should be proceeded in Administrative Court, High Court of Administrative Court and Supreme Court. The existing regulations of Administrative Court do not regulates the procedural process to proceed general election administrative disputes, and the competence of Adminisitrative Court are limited. This becomes a legal gap in law enforcement and legal certainty

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Junaidi, Muhammad. "SEMANGAT PEMBAHARUAN DAN PENEGAKAN HUKUM INDONESIA DALAM PERSPEKTIF SOCIOLOGICAL JURISPRUDENCE." Jurnal Pembaharuan Hukum 3, no. 1 (2016): 48. http://dx.doi.org/10.26532/jph.v3i1.1346.

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The spirit of renewal and law enforcement is often considered only based on a process of renewal and change the old Act to the new Act. If the renewal and law enforcement just conceived so, then the law will continue to be considered not present in the midst of society as part of the settlement of the problem. As a solution needs to be established is to integrate the spirit of renewal and law enforcement collaborated with social reality. Thus the ideal model is expected become law unifying identity as an expression of popular sovereignty and the pattern of State laws harmonization purposes.

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Laksminarti, Laksminarti. "Rekonstruksi Hukum Mediasi Penal Sebagai Alternatif Penyelesaian Perkara Tindak Pidana Lingkungan Hidup Berbasis Keberlanjutan Lingkungan." Pencerah Publik 6, no. 2 (2019): 1–8. http://dx.doi.org/10.33084/pencerah.v6i2.1062.

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This research aims to obtain an overview of the construction of the Law on the mediation of penal as an alternative to environmental criminal action-based sustainability. In environmental matters, about the criminal environment, the legislation does not provide an ADR (Alternative Dispute Resolution) opportunity in which the parties are permitted to choose a dispute resolution Through negotiations, mediation, and conciliation. This is contained in article 85 paragraph (2) of UUPPLH stating that the settlement of disputes outside the courts does not apply to environmental criminal acts as provi

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Feng, Nancy Chun, and Ross D. Fuerman. "Securities class actions of Chinese companies." Corporate Ownership and Control 15, no. 4 (2018): 107–30. http://dx.doi.org/10.22495/cocv15i4art10.

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This paper provides the first empirical evidence documenting the determinants and outcomes of private securities class action lawsuits filed in the US and Canada against Chinese companies and their auditors. Our findings show that, in the global context, Chinese companies are positively associated with their auditors being defendants and experiencing an adverse outcome (for example, related government enforcement actions and/or settlement payments to terminate class actions). A group of companies from outside the US with low country level audit quality, the Chinese companies, and the overall g

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Agyemang, Augustus A. "African Courts, the Settlement of Investment Disputes and the Enforcement of Awards." Journal of African Law 33, no. 1 (1989): 31–44. http://dx.doi.org/10.1017/s0021855300007968.

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An indication of the reluctance of some African states to submit to international arbitration when investment disputes arise under investment contracts providing for international arbitration of disputes is to be found in their insistence that such disputes should be settled by their national courts. For instance, Article 35 of the Oil Code of Madagascar provides for the exclusive jurisdiction of the Madagascar Courts in respect of disputes arising under the Code. In theLibyan Nationalisation Cases, Libya was insistent that only its national courts could settle the arbitrations. In theHoliday

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Bonakele, T., and L. Mncube. "DESIGNING APPROPRIATE REMEDIES FOR COMPETITION LAW ENFORCEMENT: THE PIONEER FOODS SETTLEMENT AGREEMENT." Journal of Competition Law and Economics 8, no. 2 (2012): 425–47. http://dx.doi.org/10.1093/joclec/nhs010.

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Verbist, Herman. "UNCITRAL Instruments on Enforcement of International Commercial Settlement Agreements Resulting from Mediation." Tijdschrift voor mediation en conflictmanagement 22, no. 4 (2018): 6–22. http://dx.doi.org/10.5553/tmd/138638782018022004003.

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Bidabad, Bijan, Saeid Abdollahi, Mahshid Sherafati, and Roohollah Mohammadi. "Proposed Regulations for Enforcement of the Purports of Binding Banking Documents in Rastin Banking." International Journal of Small and Medium Enterprises 2, no. 1 (2019): 22–46. http://dx.doi.org/10.46281/ijsmes.v2i1.321.

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To facilitate and accelerate the enforcement of binding banking documents and distribute the enforcement burden of the registration offices of the State Organization for Registration of Deeds and Properties, courts, and judicial authorities, a new mechanism for “enforcement of the purports of binding banking documents in Rastin Banking” was designed. This mechanism can lead to positive and essential effects toward creating public trust in financial obligations and increasing the speed of collecting demands, in order to remove the problems resulting from enforcement of the purports of binding d

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Healy, Terence, Amy J. Greer, and Daniel Z. Herbst. "The Securities and Exchange Commission (“SEC”) prevails in the second circuit in defending its no-admission settlement policy." Journal of Investment Compliance 15, no. 4 (2014): 41–43. http://dx.doi.org/10.1108/joic-09-2014-0039.

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Purpose – To explain the impact of a recent decision by the USA Court of Appeals for the Second Circuit on the SEC’s “neither admit nor deny” practice on SEC enforcement matters after the practice was called into question by a federal district court judge. Design/methodology/approach – Explains the background on the practice of no-admission, the challenge by Judge Rakoff to the practice, and the ruling of the Second Circuit and its practical approach on enforcement matters. Findings – The ruling should resolve much of the uncertainty that has surrounded court approval of SEC settlements since

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Wong, Diana. "Transience and Settlement: Singapore's Foreign Labor Policy." Asian and Pacific Migration Journal 6, no. 2 (1997): 135–67. http://dx.doi.org/10.1177/011719689700600201.

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Foreigners constitute 15 percent of the population and over 20 percent of the labor force in Singapore. They are bifurcated into the highly-skilled, high end as well as the unskilled, low end of the labor market. This large foreign labor force is managed by a comprehensive and highly selective foreign labor policy, which is described in this paper. The strict enforcement of a guestworker policy of transience on the one hand, and the liberal encouragement of settlement on the other, are the twin pillars of this policy. Seen originally as a dispensable appendage to a labor-scarce economy, foreig

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Handayani, Tri. "PERTANGGUNGJAWABAN DOKTER DAN MODEL PENYELESAIAN PERKARA MALPRAKTIK MEDIK DI INDONESIA." Mizan: Jurnal Ilmu Hukum 9, no. 1 (2020): 74. http://dx.doi.org/10.32503/mizan.v9i1.1057.

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There is an international tendency to divert medical dispute from the litigation model (in court settlement) to the out-of-court dispute models (out of court settlement) which leads to the win-win situation of the paradigm. This paradigm has actually started to be adopted in Indonesia only the implementation is still not encouraging. Law Number 36 Year 2009 on Health (Health Law) provides that disputes arising out of negligence of health personnel must be resolved through mediation (Article 29). This provision has not fully become the reference of the public and law enforcement officers

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Rusman, Rusman. "PENEGAKAN HUKUM PIDANA PROFESIONAL BERPIHAK PADA FAKTA HUKUM DAN KEADILAN." Jurnal Hukum Mimbar Justitia 3, no. 2 (2017): 234. http://dx.doi.org/10.35194/jhmj.v3i2.261.

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Law enforcement criminal court must dare to be assertive in the process of law enforcement should not be legalitik the chained stream normatik dogmatik, it's time to find the ideal concept in accordance with the sense of Justice in favour of society ( public) and realized that the dynamic laws of development. The small settlement of cases does not always have to be boiled down to the Court, using the means and utilizing the penal imprisonment or confinement sentence need to be considered again for the sake of the values of Justice. Investigator required material provisions of law and guided by

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Kestenbaum, Lionel. "Preventing Price Fixing by Israeli Banks: Antitrust Rules in Settlement of a Criminal Case." Israel Law Review 21, no. 2 (1986): 177–200. http://dx.doi.org/10.1017/s0021223700009031.

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Israel's Restrictive Trade Practices Law, 1959, after a period of relative quiescence, appears to have become the subject of significant enforcement efforts. A major event reflecting this development was the filing of criminal charges against the country's four leading banks (and a top executive of each) in mid-1984 for illegally combining to fix interest rates paid on negotiable certificates of deposit. The prosecution was eventually resolved early in 1986 by a plea bargain which included another major event – the first negotiation of remedial rules of conduct to prevent future violations (he

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Malnar, Vlatka Butorac. "Access to Documents in Antitrust Litigation – EU and Croatian Perspective." Yearbook of Antitrust and Regulatory Studies 8, no. 12 (2015): 127–60. http://dx.doi.org/10.7172/1689-9024.yars.2015.8.12.6.

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The paper analyses access to documents in cartel-based damages cases from the EU and Croatian perspective. It considers all relevant EU and Croatian legislation and case-law primarily focusing on the expected impact of the newly enacted Damages Directive. It is argued that the new rules on access to documents provided by the Directive will not necessarily have a significant impact on damages proceedings following cartel decisions issued by the Commission. This is due to the introduction of an absolute ban on the disclosure of leniency statements and settlement submissions via a ‘maximum harmon

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Kalinkina, Viktoriya Viktorovna. "Pretrial procedure for disputes settlement associated with challenging transactions of the debtor within the framework of the case of insolvency (bankruptcy)." Юридические исследования, no. 1 (January 2021): 38–47. http://dx.doi.org/10.25136/2409-7136.2021.1.34977.

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The object this research is the social relations developed in terms of the mandatory pretrial of disputes settlement associated with challenging transactions of the debtor. Subject of this research is the set of legal norms regulating the relations in the area of challenging transactions of the debtor, as well as the law enforcement practice. The research is carried out through the prism of consideration of such problem as the absence in the current legislation of the Russian Federation of the norm that establishes compliance with the pretrial procedure for dispute settlement associated with c

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Meidanis, Haris P. "Enforcement of mediation settlement agreements in the EU and the need for reform." Journal of Private International Law 16, no. 2 (2020): 275–99. http://dx.doi.org/10.1080/17441048.2020.1796226.

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PHAN, Hao Duy, and Lan Ngoc NGUYEN. "The South China Sea Arbitration: Bindingness, Finality, and Compliance with UNCLOS Dispute Settlement Decisions." Asian Journal of International Law 8, no. 1 (2017): 36–50. http://dx.doi.org/10.1017/s2044251317000121.

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AbstractOn 12 July 2016, the Tribunal in theSouth China Seaarbitration issued its final award. China rejected the ruling as “null and void”. The Philippines dismissed it as “a piece of paper” after initially hailing the ruling a “milestone decision”. The reactions of the parties concerned raise important questions about the bindingness, finality, and state compliance with UNCLOS dispute settlement decisions. This paper addresses these questions by dissecting China’s arguments that the award “has no binding force” and by examining the options available for promoting compliance with the award. T

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