Dispute Resolution and Toxics: Case Studies

2018 ◽  
pp. 37-73
Author(s):  
Robert D. Bullard
Keyword(s):  
Dispute Resolution ◽  
Case Studies

7. The Structure of the Tribunals

2019 ◽  
pp. 225-242
Author(s):  
Alisdair A. Gillespie ◽  
Siobhan Weare
Keyword(s):  
Dispute Resolution ◽  
Case Studies ◽  
Parallel System ◽  
Judicial System ◽  
Legal Questions ◽  
Oversight System

This chapter examines the jurisdiction and structure of tribunals. It then considers two very different tribunals through the use of case studies, namely the Employment Tribunals and the Investigatory Powers Tribunal. Tribunals have existed for many years but have traditionally operated as an oversight system for administrative issues. In recent years, the number of tribunals has increased and their work has begun to involve more complicated legal questions. Tribunals are now, in essence, a parallel system of dispute resolution and their complexity is recognized by the fact that their presiding officers now bear the title of ‘judge’. This chapter examines this parallel judicial system and identifies similarities between and differences from court justice.

7. The Structure of the Tribunals

2017 ◽  
Author(s):  
Alisdair Gillespie ◽  
Siobhan Weare
Keyword(s):  
Dispute Resolution ◽  
Case Studies ◽  
Parallel System ◽  
Judicial System ◽  
Legal Questions ◽  
Oversight System

This chapter examines the jurisdiction and structure of tribunals. It then considers two very different tribunals through the use of case studies, namely the Employment Tribunals and the Investigatory Powers Tribunal. Tribunals have existed for many years but have traditionally operated as an oversight system for administrative issues. In recent years, the number of tribunals has increased and their work has begun to involve more complicated legal questions. Tribunals are now, in essence, a parallel system of dispute resolution and their complexity is recognized by the fact that their presiding officers now bear the title of ‘judge’. This chapter examines this parallel judicial system and identifies similarities between and differences from court justice.

Part II Investor-State Arbitration in the Energy Sector, 14 Energy Investor-State Disputes in Asia

2018 ◽  
Author(s):  
Yen Koh Swee
Keyword(s):  
Dispute Resolution ◽  
Case Studies ◽  
Bitter Taste ◽  
East Asian ◽  
Energy Sector ◽  
Asian Countries ◽  
Critical View ◽  
Energy Cooperation ◽  
Recent Growth ◽  
Investment Agreement

This chapter takes a critical view on some energy-related investor-state disputes in Asia which have ‘left a bitter taste in the Host State's mouth’. Using selected case studies, the chapter concludes that some Asian countries, who once saw agreeing to investor-state arbitration as a means to attract investment, are nowadays more reticent towards this type of dispute resolution. The chapter discusses how to revive investor-state arbitration in Asia. In particular, it considers investor-state arbitration against the backdrop of recent growth in outward Asian investment. It emphasizes the importance of regional and international energy cooperation and initiatives such as the Association of South-East Asian Nations (ASEAN) Comprehensive Investment Agreement.

scholarly journals ARBITRATION (TAHKIM) AND RECONCILIATION (SULH) IN ISLAM AS ALTERNATIVE DISPUTE RESOLUTION MECHANISMS

2020 ◽  
pp. 31-37
Author(s):  
Saidilyos Kh
Keyword(s):  
Conflict Resolution ◽  
Dispute Resolution ◽  
Case Studies ◽  
20Th Century ◽  
Alternative Dispute Resolution ◽  
The World ◽  
Flexible Integration ◽  
The Rich ◽  
Legal Frameworks ◽  
Wide Usage

The main reason behind this work is to illustrate the current need for Islamic alternative dispute resolution methods and offer analysis to show the benefts of their applications. There has been a vivid rise in ADRs’ recognition globally as a substitute for litigation and related issues that would be better if addressed with an Islamic perspective. The wide usage of the term has been intensifed uninterruptedly after the second half of the 20th century. This paper intends to introduce a 1,5-centuryyear-old background of legally institutionalized arbitration (Tahkim) and reconciliation (Sulh), Islamic means or ways of alternative dispute resolution. I will show it by presenting and analyzing some reliable historical and current shreds of evidence. A few Quranic ayas and prophetic hadiths will prove the Islamic nature and foundation of ADRs. The paper contains some discussions of meanings and applications of terms and differences of the contemporary. There is a part that defnes classical terms and matches them with their current standings to prove the success in flexible integration and adaptation of the mechanisms as an assistant, or in some cases, more favorable choice to adjudication. It tries to offer the rich experience of Islamic legal laws, doctrines, and several case studies of local and international nature that can easily be accessed. Besides, some indications of current applications of ADR, especially Islamic ones, will be discussed to show the way of solving conflicts outside the courtrooms without leaving today’s legal frameworks. Rich, vast, and mature Islamic legal experience will be a vital guideline in the world of conflict resolution.

Alternative Dispute Resolution

2019 ◽  
pp. 177-201
Author(s):  
Bruce Mitchell
Keyword(s):  
Environmental Management ◽  
The Netherlands ◽  
Dispute Resolution ◽  
Case Studies ◽  
Alternative Dispute Resolution ◽  
Inadequate Information ◽  
Effective Use ◽  
Frame Disputes ◽  
Resolution Processes ◽  
Experiences Of Women

Conflicts often emerge during resource and environmental management, but can be positive as well as negative. Positive aspects occur when conflict helps to identify ineffective processes, highlights poorly developed ideas or inadequate information, and reveals misunderstandings. In contrast, conflict can be negative if it is ignored or consciously set aside and leads to misunderstanding and mistrust. This chapter turns first to the nature of disputes, with particular attention to the concept of intractability, as well as how to frame disputes. Four different ways of dealing with disputes are reviewed, with special attention to conditions or factors necessary or desirable for effective use of alternative dispute resolution (ADR). Case studies consider limits for selenium in Colorado, and experiences of women mining activists in Peru and Ecuador. The guest statement by Jeroen Warner analyzes experience with multistakeholder dispute resolution processes for water in the Netherlands.

Non-Adversarial Dispute Resolutions: Studying Of Japanese Non-Litigious Country And Society

2020 ◽  
Vol 7 (8) ◽  
pp. 188-201
Author(s):  
Nor’Adha Bt Abdul Hamid ◽  
Mohamad Hafifi Hassim ◽  
Tuan Nurhafiza Raja Abdul Aziz
Keyword(s):  
Content Analysis ◽  
Literature Review ◽  
Dispute Resolution ◽  
Case Studies ◽  
Small Scale ◽  
Global Trade ◽  
Resolution System ◽  
Complete Set ◽  
The Impact ◽  
Dispute Resolution System

In line with the changing of times, the transition from small-scale trade to global trade has invoked changes to the existing trade system to a more challenging one. This has made the impact being felt by the consumers. Users are getting more repressed in many forms of trade that are becoming more and more challenging besides testing the intellectual capabilities of consumers. The latest trading trend needs a change in its dispute resolution system to become more efficient and meet the demands of consumers and traders. The current trade scenario as well as the rise in matters of consumerism have made it crucial to outline a perfect and complete set of laws that is capable to protect the consumers’ rights and solve disputes that are usually arise in consumer-trader contract matters, that  is  sometimes unexpected. The laws formed can be beneficial if transparent and able to protect consumers involved in trade with traders, both nationally and internationally. This research aimed to discuss on the Japanese non-adversarial dispute resolutions which popularly known as non-litigious country and society. Being a library based-research, reference will be made to relevant authoritative texts, case studies, and applies the method of literature review through content analysis of documents. Overall, this paper finds that, without looking at the different theories introduced, until today, the Japanese still believe that disputes should not occur. If disputes do occur, the resolution is through a mutual resolution agreement contract. In this situation, they will give honest effort to compromise or resolution that they mutually agree upon.

Premises recovery through adoption of alternative dispute resolution (ADR) techniques

2019 ◽  
Vol 11 (1) ◽  
pp. 67-80
Author(s):  
Daramola Thompson Olapade ◽  
Biodun Olapade ◽  
Bioye Tajudeen Aluko
Keyword(s):  
Dispute Resolution ◽  
Case Studies ◽  
Alternative Dispute Resolution ◽  
Design Methodology ◽  
Content Type ◽  
Study Approach ◽  
Alternative Approach ◽  
The Cost ◽  
Property Markets

Purpose This paper aims to explore the use of alternative dispute resolution (ADR) techniques as a legitimate means of ejection of recalcitrant tenant in property. This is with a view of providing information that will improve property investment and management. Design/methodology/approach The paper adopts a case study approach using five selected case studies where ADR approach was used to recover premises. Findings The experience from the case studies shows that the use of ADR in premises recovery is effective but has its challenges. In the five case studies, consent judgment, mediation and negotiation were used to recover premises in less than three months compared to an average of 18 months using litigation. Also, the cost in all the cases were lower where they exist at all than when litigation are used. The paper provides useful information to practitioners on the use of the effective alternative approach to recover premises from recalcitrant tenants. Originality/value The paper provides practical ways through which recovery of premises could be achieved through non-adversarial technique in developing property markets, which hitherto was not available in literature.

Case studies of transboundary dispute resolution

2010 ◽  
pp. 169-248
Author(s):  
Joshua T. Newton ◽  
Jerome Delli Priscoli ◽  
Aaron T. Wolf
Keyword(s):  
Dispute Resolution ◽  
Case Studies
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