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Journal articles on the topic '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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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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3

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

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The pandemic Covid it had an impact on all economic sectors which had an impact on the smooth running of consumers in paying consumer financing installments, which led to consumer financing disputes. The people of South Kalimantan who live in a wetland environment have local wisdom in resolving disputes with Adat Badamai tradition. This study aims to find patterns of dispute resolution between consumers and finance companies during the covid 19 pandemic and to analyze whether local wisdom in the wetland environment, namely the Bahamian custom is reflected in the settlement of consumer financin
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Zakiyah, Zakiyah, Diana Rahmawati, Nur Mohammad Kasim, Muhammad Aulia Rahmady, and Muhammad Azhari Rahman. "Consumer Financing Dispute Settlement Patterns During the Covid-19 Pandemic in Wetland Environments." International Journal of Law, Environment, and Natural Resources 2, no. 2 (2022): 81–92. http://dx.doi.org/10.51749/injurlens.v2i2.27.

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The pandemic Covid it had an impact on all economic sectors which had an impact on the smooth running of consumers in paying consumer financing installments, which led to consumer financing disputes. The people of South Kalimantan who live in a wetland environment have local wisdom in resolving disputes with Adat Badamai tradition. This study aims to find patterns of dispute resolution between consumers and finance companies during the covid 19 pandemic and to analyze whether local wisdom in the wetland environment, namely the Bahamian custom is reflected in the settlement of consumer financin
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Afriana, Anita, Sudaryat Sudaryat, Rai Mantili, and Ema Rahmawati. "MENINJAU KEMBALI PENYELESAIAN SENGKETA KONSUMEN DI INDONESIA : ASPEK KELEMBAGAAN DALAM RANGKA TERCAPAINYA KEPASTIAN HUKUM." VYAVAHARA DUTA 14, no. 2 (2020): 74. http://dx.doi.org/10.25078/vd.v14i2.1255.

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<p>Due to the upward trends of business transaction both in conventional and online basis, it is deemed necessary to find an effective ways to settle disputes in the event of a losses to the consumers.In general, consumer disputesinvolve small amount of lossand complaint filed by the consumers for material compensation. In Indonesia, consumer disputeresolutionis carried out not only by the Consumer Dispute SettlementBody (BPSK)but also throughthecourts. Recently,there are manynewly-established consumer disputesettlement institutions.A quick, simple,<br />and low-cost consumer dispu
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Supeno, Supeno. "INTERNATIONAL TRADE DISPUTE SETTLEMENT THROUGH DISPUTE SETTLEMENT BODY (DSB) AND INTERNATIONAL ARBITRATION BODY." Nurani: Jurnal Kajian Syari'ah dan Masyarakat 20, no. 1 (2020): 147–62. http://dx.doi.org/10.19109/nurani.v20i1.6043.

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The current trend in international trade is growing rapidly, along with these developments, the problems occurring in trade transactions are also increasing on the other hand the disputes arising in international trade are also increasing, under such conditions it is necessary to have greater legal role to overcome international trade issues. Several international trade dispute settlement institutions have been established but have not been well known and maximized in resolving international trade disputes whereas dispute settlement institutions play a huge role in the effort to create economi
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7

Siahaan, Hotman. "KOMPETENSI PENGADILAN NIAGA DALAM PENYELESAIAN SENGKETA BISNIS DI INDONESIA." Solusi 16, no. 3 (2018): 274–82. http://dx.doi.org/10.36546/solusi.v16i3.130.

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In the Indonesian justice system found three (3) judicial institutions authorized to settle economic disputes, the District Court, Commercial Court and the Court of Religion. With the presence of the three courts that settle economics disputes, it can also be compared the advantages and disadvantages from each judiciary in the resolution of economic disputes.Assessment implemented through legislation approach as normative legal research which is equipped with study of the principles of law, systematic legal, comparative law, and history of law.This paper find that the settlement of economics d
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Karmenita, Karmenita, Rakha Kafi Habib, and Irma Maulida. "JURIDICAL ANALYSIS ON DISPUTE RESOLUTION IN CASES OF UNLAWFUL ACTS." Hukum Responsif 15, no. 2 (2024): 409–14. https://doi.org/10.33603/responsif.v15i2.9552.

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The primary purpose of the law is to realize justice; Aristotle said that justice is to give everyone what is his right. Legal facts show difficulties in resolving disputes, such as settlements that are not under the law and things considered unfair. For example, the plaintiffs felt the settlement was unfair in settling disputes concerning unlawful acts between farmers and PT PG Rajawali II. This study aims to 1) analyze the dispute resolution in the case of unlawful acts and the efforts made to resolve disputes in the case, and 2) the impact on the plaintiffs who dispute in the case using the
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9

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

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Dispute resolution mechanism happened to be the fundamental aspect of the protectionist discourse of foreign investment. The consistent efforts were rolled out on behalf of international economic organizations such as UNO, OECD and IBRD of World Bank Group for the establishment of an impartial forum for the settlement of investment disputes. The opposite approaches of capital-exporting developed economies and less developed recipients of foreign capital lead certain attempts to failure to build consensus for dispute resolution mechanism relating to foreign investments. The World Bank started i
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11

Warman, Arifki Budia, and Riska Fauziah Hayati. "Tahkim dalam Standar Syariah dan Urgensinya terhadap Penyelesaian Sengketa Ekonomi Syariah di Indonesia." Islamika : Jurnal Ilmu-Ilmu Keislaman 22, no. 01 (2022): 37–58. http://dx.doi.org/10.32939/islamika.v22i01.1246.

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The practice of sharia economics is growing and diverse, which has resulted in the emergence of various sharia economic disputes. This requires the development of alternative dispute resolutions, as has been done by the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) by presenting Sharia Standards that specifically discuss tahkim. This paper aims to explain the provisions of tahkim in the Sharia Standards of AAOIFI and the urgency of resolving sharia economic disputes. Using the content analysis method by collecting various relevant references, this study found
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Mazaraki, Nataliia Anatoliivna. "EFFECTIVE SYSTEM OF COMMERCIAL DISPUTES RESOLUTION AS A PREREQUISITE OF ECONOMIC PROGRESS." SCIENTIFIC BULLETIN OF POLISSIA 1, no. 2(14) (2018): 180–87. http://dx.doi.org/10.25140/2410-9576-2018-2-2(14)-180-187.

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Urgency of the research. The current state of the jus-tice system in Ukraine does not provide a quick and justified resolution of disputes that is particularly acute for business circles. Given the lack of qualitative changes in the area of justice in the course of ongoing reform of the judiciary and procedural legislation, the preservation of a critically low level of trust in the judiciary, the state should offer the soci-ery a new social contract on the procedure for resolving legal disputes in the state, which must necessarily include the institutionalization of alternative methods of reso
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13

Firdaus, Muhammad Irkham, May Shinta Retnowati, and M. Abdurrozaq. "Settlement of Sharia Economic Disputes: Efficiency of Implementation in Indonesian Religious Courts." Justicia Islamica 21, no. 2 (2024): 335–56. https://doi.org/10.21154/justicia.v21i2.9240.

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This research is a critique of the efficiency of the sources of material law used in the settlement of sharia economic disputes to see how great the urgency is in creating sources of material law that are more specific and can be used as legally binding in sharia economic cases. This research uses descriptive qualitative research methods. The data collection method is done through observation, interviews, and documentation. Furthermore, data analysis was carried out using the methods of data reduction, data display, and conclusion/verification. The results of this study show that the source of
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14

Hassner, Ron E. "The Path to Intractability: Time and the Entrenchment of Territorial Disputes." International Security 31, no. 3 (2007): 107–38. http://dx.doi.org/10.1162/isec.2007.31.3.107.

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Why do territorial disputes become more difficult to resolve over time? Why are states often unable to resolve long-standing territorial disputes over land that is of little strategic or economic value? One explanation for territorial dispute entrenchment draws on changes in dispute perception. Specifically, as territorial disputes mature they undergo processes that increase the integrity of the disputed territory, clarify the definition of the territory's boundaries, and make it more difficult to find substitutes for the territory. Territorial dispute resolution is both stochastic and exogeno
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15

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

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The last few decades have been characterized by a proliferation of Regional Trade Agreements (RTAs) which cover, inter alia, trade in goods, trade in services and investment. Hundreds of these agreements are currently in operation while a significant number are still currently being negotiated. The Pacific Agreement on Closer Economic Relations Plus (PACER Plus) falls under the latter category. While the launching of PACER Plus negotiations has been hailed by contracting parties as a development and integration instruments, the issue of the nature of dispute settlement in a final agreement tha
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16

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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17

Bore, Obert. "Dispute Settlement Mechanisms in African Regional Economic Communities: Lessons and New Developments." African Journal of Legal Studies 12, no. 3-4 (2020): 242–65. http://dx.doi.org/10.1163/17087384-12340051.

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Abstract African regional trade agreements often provide for dispute settlement mechanisms and procedures that should be followed. They also establish judicial bodies or tribunals for the respective African Regional Economic Communities. Despite the existence of judicial bodies, African governments do not usually litigate against each other on trade-related disputes. However, the few cases adjudicated by the regional judicial bodies are insightful of how contemporary trade disputes shape the development of community law. With reference to case law, this article presents lessons from regional j
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Gligoric, Cedomir, Jana Rodic, Milos Pavlovic, and Vladimir Grdinic. "ECONOMIC ANALYSIS OF SMALL VALUE DISPUTES IN THE REPUBLIC OF SERBIA." Economics & Law 5, no. 1 (2023): 1–14. http://dx.doi.org/10.37708/el.swu.v5i1.1.

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Small value disputes in the Republic of Serbia represent a great burden on the efficient working of the civil courts. Based on the setting of different expectations model, the economic analysis of small value claims shows tendency to initiate frivolous litigation, large disproportion between litigation costs and the value of a small claim, uneconomical litigation, excessive incentives for litigation and too established high threshold value. The paper analyses the economic effects of the planned changes in civil procedural rules of small value disputes. Based on the proposed changes, it is expe
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19

Nedumpara, James J., and Suhail Nathani. "India Back among WTO Disputes: An Update on India’s Current and Potential WTO Disputes." Global Trade and Customs Journal 7, Issue 11/12 (2012): 466–72. http://dx.doi.org/10.54648/gtcj2012057.

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After a fairly long lull in World Trade Organization (WTO) dispute settlement activity India has become active again. There are at least three disputes involving India before the WTO dispute settlement body. There are several other trade differences that are perceived as potential disputes as India engages with other Members of the WTO community for an early resolution of these differences. While some of these trade differences have already been reported by the media as 'WTO challenges', it is important to put in perspective the nature and type of these trade differences and whether they can c
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20

Khan, Hanna Ambaras, Foyasal Khan, and Soura Jit Barua. "Alternative Dispute Resolution and Sustainability of Economic Development for the Consumer’s Benefit: An Islamic Moral Economy Perspective." Asian Journal of Law and Policy 2, no. 2 (2022): 99–111. http://dx.doi.org/10.33093/ajlp.2022.7.

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Islamic Moral Economy (IME) rests on the idea of justice, goodness and fairness, and the social interest within the community. It provides a basic framework and moral-oriented principles to ensure the sustainability of economic development. In economics when contracts are formulated and signed, they are subjected to unexpected changes. Some issues may lead to disputes. The concept of Sulh (amicable settlement) can be used as an alternative dispute resolution (ADR) mechanism to solve these disputes. The scholars interpret such as mediation, arbitration, and conciliation. This paper aims to exam
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21

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

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The flow of globalization that is taking place more rapidly at this time makes free trade no longer unstoppable. The dominance of the WTO in regulating the international trade system cannot be separated from the rapid and dynamic economic growth and development among nations. In this development, disputes between countries in international trade will certainly occur. This research aims to examine the role of the Dispute Settlement Body (DSB) in the settlement of trade disputes between member countries of the World Trade Organization (WTO). This research uses a normative legal research method a
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22

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

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The existing dispute settlement mechanisms in the treaties concluded by China and under Chinese domestic law are insufficient to resolve all disputes related to the ‘One Belt, One Road (OBOR)’ Initiative. It is critically important for China to design dispute settlement mechanisms and organizations to facilitate the OBOR Initiative. This article suggests, for trade disputes, the first choice should be to refer the disputes between WTO members to the Dispute Settlement Body. The regional trade regimes may function as supplements. Investment disputes may be submitted to investor-state dispute re
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Han, Ziyue. "The Application Dilemma and Optimization Path of RCEP Dispute Settlement Mechanism." Advances in Economics, Management and Political Sciences 24, no. 1 (2023): 346–53. http://dx.doi.org/10.54254/2754-1169/24/20230461.

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On January 1, 2022, the Regional Comprehensive Economic Partnership Agreement (RCEP), one of the world's largest free trade agreements, came into force. In order to breakthrough the dilemma faced by the current WTO dispute settlement mechanism, Chapter 19 of the RCEP sets up a particular international dispute settlement mechanism, providing global trade governance. This has injected new vitality into global trade governance. However, due to various reasons, the RCEP dispute settlement mechanism still has applicable dilemmas including the absence of a dispute management body, the inadequacy of
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Triana, Nita. "Reconstructing Sharia Economic Dispute Resolution Based on Indonesian Muslim Society Culture." Ijtimā'iyya: Journal of Muslim Society Research 2, no. 1 (2017): 107–28. http://dx.doi.org/10.24090/ijtimaiyya.v2i1.1099.

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This paper describes the settlement of disputes in the field of Islamic economy based on Indonesian Muslim society culture. The research method used is Library research with normative juridical approach. In business, whether based on conventional or sharia, conflict or dispute sometimes happens and can not be avoided. The settlement of disputes in the Court, takes a long time, the cost is huge and the result is a win-lose, resulting in a sense of unfairness to either party. For that Sulh (peaceful) in resolving the dispute sharia economy becomes the choice of the sharia economic actors if ther
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ALTAMIMI, Abdulmalik M. "An Appraisal of the Gulf Cooperation Council's Mechanisms for Co-operation and the Settlement of Disputes." Asian Journal of International Law 10, no. 2 (2020): 321–45. http://dx.doi.org/10.1017/s2044251320000193.

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AbstractThis paper aims to provide a comprehensive legal analysis, reminding the reader of the missing roles and potential of the the Gulf Cooperation Council [GCC]. Interstate disputes threaten the very existence of the GCC. Moreover, they call into question the GGC's mechanisms for co-operation and for ensuring the peaceful settlement of disputes. For instance, the GCC's Charter, commercial arbitration rules, and the Basic Law of the Economic Judiciary Commission all provide provisions for peacefully settling disputes between GCC Member States and their citizens. GCC states are also members
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Minardi, Anton. "Two Lane Settlement of Sharia Economic Disputes Between Religious Court and National Sharia Arbitration Agency (BASYARNAS)." Indonesian Journal of Religion and Society 1, no. 2 (2020): 126–37. http://dx.doi.org/10.36256/ijrs.v1i2.66.

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The development of the sharia economy, particularly in the banking sector, both domestically and abroad, is very encouraging. Because of his young age and lack of adequate understanding of various economic practices, Sharia opens the possibility of strife. When there is a Sharia economic dispute, there are two institutions that have the authority to handle the settlement, namely the Religious Court and BASYARNAS. Both institutions, both the religious court and BASYARNAS, have advantages and disadvantages in handling Sharia economic disputes. Openness must be developed from various parties who
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27

Kirilenko, V. P., Yu V. Mishalchenko, and A. N. Shchepova. "International Legal and Economic Aspects of Dispute Resolution within the WTO in the Context of International Integration." EURASIAN INTEGRATION: economics, law, politics 14, no. 2 (2021): 64–71. http://dx.doi.org/10.22394/2073-2929-2021-02-64-71.

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The article discusses issues related to the settlement of disputes within the framework of the World Trade Organization, as well as assesses the advantages and disadvantages of this system. The specific problems of the dispute settlement system functioning today are considered, and options for optimizing the dispute resolution mechanism and various ways to improve the effectiveness of legal remedies in cases of non-compliance with decisions are proposed. Special attention is paid to the latest topical disputes involving the Russian Federation, the European Union, Ukraine, China and USA resolve
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Famulia, Ledy, and Rika Santina. "Sengketa Ekonomi Syariah: Suatu Kajian Penyelesaian Kasus Sengketa Di Indonesia." Justicia Sains: Jurnal Ilmu Hukum 9, no. 1 (2024): 234–47. https://doi.org/10.24967/jcs.v9i1.3249.

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The settlement of sharia economic disputes through litigation is the authority of the Religious Court. One of the sharia economic decisions is decision Number 1/Pdt.G.S/2024/PA. Lmg. This dispute was filed by PT. Bank Pembangunan Daerah Jawa Timur. Tbk as the plaintiff who sued Anang Fitrianto, S.E as the defendant with a lawsuit for default based on the qard financing extension agreement. This study will analyze the settlement of sharia economic disputes as stated in Decision Number 1/Pdt.G.S/2024/PA. Lmg. The research method used in analyzing the research is a qualitative research method wit
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Park, Jee-Hyeong, Dukgeun Ahn, and Jihong Lee. "Understanding Non-litigated Disputes in the WTO Dispute Settlement System." Journal of World Trade 47, Issue 5 (2013): 985–1012. http://dx.doi.org/10.54648/trad2013033.

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This article focuses on a less scrutinized aspect of the WTO dispute settlement system - non-litigated disputes. Legal rules concerning consultation and settlement during the panel proceedings are analysed with the case laws. We then propose, and empirically analyse, several key economic determinants of non-litigation in the WTO dispute settlement system that are motivated by the theory of bargaining with informational asymmetry. In particular, our logistic regressions show that a greater difference in the size of the pair of disputing countries reduces the likelihood of voluntary settlement o
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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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Tang, Yanyan, and Qingxia Guo. "The Return of the State and the Reform of the International Investment Dispute Settlement Mechanism: Reasons and Reflections." International Journal of Law and Society 8, no. 3 (2025): 140–51. https://doi.org/10.11648/j.ijls.20250803.11.

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In recent years, as economic globalization has deepened, international investment has expanded rapidly. This growth has been accompanied by a surge in investment disputes, making the reform and development of the international investment dispute settlement mechanism one of the most important topics in international investment governance. As criticisms of investor-state dispute settlement (ISDS), the dominant mechanism for resolving international investment disputes, have intensified, the evolution of dispute settlement provisions in certain international investment agreements reveals a signifi
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Jalil, Abdul. "Tumpang Tindih Kewenangan dalam Penyelesaian Sengketa Perbankan Syariah." Jurnal Konstitusi 10, no. 4 (2016): 627. http://dx.doi.org/10.31078/jk1044.

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This paper is going to discuss the decision of the Constitutional Court No. 93/ PUU-X/2012 related to granting of the petition for judicial review of Law No. 21 Year 2008 concerning Islamic Banking (State Gazette of the Republic of Indonesia Year 2008 Number 94, namely Article 55 paragraph (2) and paragraph (3) governing the settlement of disputes with respect to Article 28D paragraph (1) of the 1945 Constitution, which says that the Act should guarantee legal certainty and justice and do not have binding legal force. While in Article 55 paragraph (1), described Sharia Banking Dispute resoluti
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KOZLOVSKYI, Maksym. "Negotiation and mediation as a means of peaceful settlement of international economic disputes." Economics. Finances. Law 11/2, no. - (2021): 16–18. http://dx.doi.org/10.37634/efp.2021.11(2).3.

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Introduction. Interstate interaction and integration, on the one hand, are the key to the successful functioning of humanity, and on the other hand, they provoke the emergence of international differences and conflicts, including those of an economic nature. Successful settlement of economic differences in accordance with the principle of peaceful settlement of international disputes is a necessary condition for strengthening and developing international cooperation. The issue of peaceful settlement of economic disputes, including through the use of diplomatic means, has been studied by such a
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Yu, Yanning. "Trade Remedies: China and the WTO Dispute Settlement Resolution." Global Trade and Customs Journal 6, Issue 7/8 (2011): 343–50. http://dx.doi.org/10.54648/gtcj2011042.

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This article discusses and analyses an interesting phenomenon about China's journey in the World Trade Organization (WTO) dispute settlement mechanism since its accession to the WTO in 2001: an increasing number of the WTO disputes China is involved in are trade remedy cases. Section 2 of this article provides a general overview of all trade remedy disputes at the WTO in which China participated as complainant, respondent, or a third party. Based upon these facts and statistics, a detailed analysis of the disputes is offered from various perspectives in sections 3 and 4. This article begins by
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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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36

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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Sun, Yuexing. "The Influence of International Trade on Banks' International Settlement and Analysis of Countermeasuress." BCP Business & Management 21 (July 20, 2022): 41–46. http://dx.doi.org/10.54691/bcpbm.v21i.1173.

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With the advancement of economic globalization and integration, the economic and trade ties between countries and regions have been continuously strengthened, economic and trade exchanges have continued to increase, and the international settlement business between commercial banks has developed rapidly. In the ever-changing international market environment, China's booming international trade is also accompanied by a large number of trade frictions. The increasingly prominent international trade disputes have had an important impact on the international settlement business of my country's com
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Melillo, Margherita. "Informal Dispute Resolution in Preferential Trade Agreements." Journal of World Trade 53, Issue 1 (2019): 95–127. http://dx.doi.org/10.54648/trad2019005.

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Noting that very few disputes have been adjudicated, many scholars have expressed doubts whether the dispute settlement mechanisms of preferential trade agreements (PTAs) will ever be used. This article argues that looking only at the number of formal disputes (i.e. disputes that lead to the adoption of a decision by third party adjudicators) tells an incomplete story about dispute resolution in PTAs (i.e. resolution of disputed issues). Focusing on the PTAs concluded by the European Union (EU), this article contends that the framework established by the PTAs can have a complementary role to l
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Syariffudin Zaki, Muhammad Reza, Kyle Pietra Inggil, David Axel Irawan, and Benedicta Nasya Averine. "EXTRATERRITORIALITY PRINCIPLE IN INVESTMENT DISPUTE SETTLEMENT UNDER ASEAN ENHANCED DISPUTE SETTLEMENT MECHANISM." Transnational Business Law Journal 4, no. 1 (2023): 16–33. http://dx.doi.org/10.23920/transbuslj.v4i1.1426.

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Trade and Investment are among the ways that are often used by modern countries today to become one of the main sources of state income. Indonesia as a destination country for trade and investment also has an important role in economic growth both domestically and in the ASEAN region. Indonesia is also one of the initiators of the Free Trade Area (FTA). In the spirit of realizing ASEAN as a trade and investment friendly zone, ASEAN launched a method called the ASEAN Protocol on Enhanced Dispute Settlement Mechanism (EDSM). This customized mechanism is in accordance with the spirit of ASEAN, na
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40

Yuseini, Maulidya, Dian Rachmawati, Fransiska Yuardini, and Hafidh Lukmam Syaifuddin. "Artikel Penyelesaian Sengketa Laut Antara Indonesia dan Malaysia di Wilayah Selat Malaka Menurut Hukum Laut Internasional." Lentera Hukum 5, no. 3 (2018): 457. http://dx.doi.org/10.19184/ejlh.v5i3.7731.

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 Dispute settlement between Indonesia and Malaysia in the Malacca Strait Region started with the unilateral claims of both countries. The prevailing these unilateral claims resulted in the area of Exclusive Economic Zone in the Malacca Strait to overlap. UNCLOS 1982 is the existing International Law of the Sea and both countries ratified to this Convention. The purpose of this article is to find out how to resolve sea border disputes between Indonesia and Malaysia in the Malacca Strait Region under the Law of the International Sea. This article is also aimed to provide a narrativ
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Fitri, Devianty, Thohir Luth, Sihabudin, and Bambang Winarno. "The embodiment of Islamic personality principles in sharia economic dispute resolution in Indonesia." International Journal of Research in Business and Social Science (2147- 4478) 11, no. 5 (2022): 539–44. http://dx.doi.org/10.20525/ijrbs.v11i5.1844.

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This study aims to determine the manifestation of the Islamic Personality Principle in the settlement of Islamic Economic disputes in Indonesia, both litigation and non-litigation. This research is normative legal research using a historical approach and legislation related to the embodiment of Islamic Personality Principles in sharia economic disputes. Based on the results of the study, it is known that the manifestation of the Islamic Personality Principle in the settlement of Sharia Economic disputes is seen in proceedings in the religious courts, in which the judges who resolve the cases a
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42

Nurhisam, Luqman, and Nahara Eriyanti. "SIMPLE LAWSUIT IN SHARIA ECONOMIC DISPUTES. A CASE STUDY OF DECISION NUMBER 1/PDT.G.S/2019/PA.KDS." Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial 14, no. 2 (2024): 314. https://doi.org/10.22373/dusturiyah.v14i2.25842.

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As the activities of the Sharia economy develop, the number of Sharia economic dispute cases submitted to the Religious Court has increased. One of the cases decided by the Kudus Religious Court is the Breach of Contract Lawsuit with Decision Number 1/P.dt.G.S/2019/PA.Kds. The Supreme Court issued Regulation Number 14 of 2016 concerning Procedures for the Settlement of Sharia Economic Disputes, which includes simple lawsuits and ordinary lawsuits. Simple lawsuits are further regulated in Supreme Court Regulation Number 2 of 2015, which was later amended to Supreme Court Regulation Number 4 of
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43

Zvereva. "France's Approaches to Territorial Disputes Settlement." Contemporary Europe, no. 98 (October 1, 2020): 155–64. http://dx.doi.org/10.15211/soveurope52020155164.

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The article explores France's territorial disputes in Europe and beyond (in French overseas territories), as well as disputes settlement approaches adopted by Paris. The author outlines the historical background of the disputes and the motives of France to allocate significant funds in order to maintain high-cost overseas territories, some of them are disputed by regional countries. In Europe France relies on both bilateral mechanisms and EU instruments to settle disputes. The French territorial disagreements with other countries remain more acute overseas. Paris promotes a method of gradual s
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44

Siraji, Muhammad, and Ichwan Ahnaz Alamudi. "PENYELESAIAN SENGKETA EKONOMI SYARIAH WANPRESTARSI SECARA NON LITIGASI BAIK YANG DIATUR HUKUM POSITIF, HUKUM ISLAM DAN HUKUM ADAT." Mitsaqan Ghalizan 2, no. 2 (2023): 25–36. http://dx.doi.org/10.33084/mg.v2i2.5411.

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This research is motivated by the birth of Law No. 3 of 2006 on the amendment of Law No. 7 of 1989 on religious courts that have added authority to the religious courts in the field of sharia economics. Researchers want to know what are the ways to resolve economic disputes Sharia default in non-litigation both regulated punishable poitif, Islamic law and customary law. This research is a type of literature study or in the world of law is called juridical-normative legal research. This study shows that alternative dispute resolution with non-litigation model has several types and parts, includ
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Guan, Han. "On the Reform of WTO Dispute Settlement Mechanism and Suggestions." Advances in Economics, Management and Political Sciences 71, no. 1 (2024): 185–91. http://dx.doi.org/10.54254/2754-1169/71/20241487.

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WTO dispute settlement is a very important mechanism for settling international trade disputes, which plays an important role in promoting the stable development of international trade and creating a fair and just international trade environment. However, with the change of political and economic situations, dispute settlement mechanism has appeared more and more malpractice, including the lengthy and inefficient procedures, the unreasonable regulation of implementation and so on. The dispute settlement mechanism is now facing a crisis as a result of the closure of the Appellate Body. Expediti
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Koesrianti, Koesrianti. "Rule-based Dispute Settlement Mechanism for ASEAN Economic Community: Does ASEAN Have It?" Hasanuddin Law Review 1, no. 2 (2016): 182. http://dx.doi.org/10.20956/halrev.v1i2.303.

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ASEAN Charter 2007 as ‘constitution’ of ASEAN aims to establish ASEAN Community (AC) in 2015 that ASEAN constitutes as a rule-based organization. ASEAN Community consists of three pillars, namely, ASEAN Political Security Community (APSC), ASEAN Economic Community (AEC), and ASEAN Socio Cultural Community (ASCC). AEC will posses as the lead for the Communities. The objective of AEC is to form a single market and production base with some priority sectors. Accordingly, many economic regional organizations provide Dispute Settlement Mechanism (DSM) to resolve disputes that may arise among the me
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47

Koesrianti, Koesrianti. "Rule-based Dispute Settlement Mechanism for ASEAN Economic Community: Does ASEAN Have It?" Hasanuddin Law Review 1, no. 2 (2016): 182. http://dx.doi.org/10.20956/halrev.v1n2.303.

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ASEAN Charter 2007 as ‘constitution’ of ASEAN aims to establish ASEAN Community (AC) in 2015 that ASEAN constitutes as a rule-based organization. ASEAN Community consists of three pillars, namely, ASEAN Political Security Community (APSC), ASEAN Economic Community (AEC), and ASEAN Socio Cultural Community (ASCC). AEC will posses as the lead for the Communities. The objective of AEC is to form a single market and production base with some priority sectors. Accordingly, many economic regional organizations provide Dispute Settlement Mechanism (DSM) to resolve disputes that may arise among the me
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48

Zuhri, Lahmuddin, and Endra Syaifuddin. "NILAI LOKAL SEBAGAI MODEL MEDIASI PERDATA DI INDONESIA." Veritas et Justitia 3, no. 1 (2017): 22. http://dx.doi.org/10.25123/vej.2523.

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<p><em>Indonesian society in general does not view land only as economic capital, but perceive the value of land more from a cultural-ecological religious perspective. How land is valued from this perspective and the way it influences method of land dispute settlements at the local level may be used to develop alternate models of land dispute settlement at the national level. A legal anthropological approach is used here to examine mediation as the basic approach to settle land disputes. The main argument here is that mediation, which put forth local wisdom, consensus building with
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Vermulst, Edwin, and Edwin Vermulst. "Anti-Dumping Disputes in the GATT/WTO – Navigating Dire Straits." Journal of World Trade 31, Issue 1 (1997): 5–43. http://dx.doi.org/10.54648/trad1997001.

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“Over the last fifteen years, many countries have come to recognize the crucial vole that dispute settlement plays for any treaty system. This is particularly the case for a treaty system designed to address the myriad of economic questions of international relations today and to facilitate the cooperation among nations that is essential to the peaceful and welfare-enhancing vole of these relations. Dispute settlement procedures assist in making rules effective, thereby adding an essential measure of predictability and effectiveness for the operation of a rule-oriented system in the otherwise
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DIAKONOVA, M. O. "ALTERNATIVE METHODS TO RESOLVE CONSUMERS DISPUTES." Herald of Civil Procedure 10, no. 6 (2021): 42–65. http://dx.doi.org/10.24031/2226-0781-2020-10-6-42-65.

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The need to develop alternative dispute resolution methods has long been known, but most of all out-of-court dispute resolution is required in consumer relations. The expansion consumer access turn to dispute resolution and filing complaints even for small requirements will help to increase respect for consumer rights and, in general, create a favorable economic climate. The lack of a legal basis for resolving consumer disputes hinders the effective protection of their rights and is not typical of foreign legal systems. In this regard, the draft Federal law “On Amendments to the Law of the Rus
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