244,278 research outputs found

    Managing Workplace Conflicts in Business Environment: The Role of Alternative Dispute Resolution (ADR) Ethiopian in Focus

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    A critical review of a journal article is an evaluation of an article's strengths, weaknesses and validity. It is used to inform readers of an article's value through explanation, interpretation and analysis. Ethiopia has for centuries been using traditional methods of dispute resolution. The institutions of Gadaa among the Oromo, the Shimagelle by the Amhara, and the other ethnic groups reviewer re used. But Alternative Dispute Resolution has not attained any significant position of usage and acceptance in its modern form. Recent incorporation of Alternative Dispute Resolution mechanisms in the legal polity has been greeted with a lukewarm attitude by the government, judiciary and the civil society (Shipi M, 2001). This article critically analyses alternative dispute resolution alternative dispute resolution in Ethiopia. it includes coverage of: various alternative dispute resolution techniques and the roles played by alternative dispute resolution practitioners in workplace conflict; the need for workplace grievance policies and the forms these can take; the suitability of alternative dispute resolution for various types of disputes; three case studies where alternative dispute resolution was utilized in workplace conflict and the experiences of both the human resource consultant and their clients (Barrister E, 2014). In this regard, the aim of the article is to examine all the possible and applicable alternative dispute resolution mechanism and literature synthesis in general. Keywords: alternative Dispute resolution, organizational, work place conflict, concept DOI: 10.7176/RJFA/10-1-0

    Heading towards online dispute resolution in the Slovak Republic

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    The paper highlights the various aspects of the electronisation of judicial and extra-judicial dispute resolution in the Slovak Republic. The author concludes that arbitration as a form of dispute settlement process may take an electronic form in Slovakia, with the exception of issuing the arbitration decisions which must always take a paper form – for the sake of legal certainty. An alternative dispute resolution in consumer disputes, taking the form of mediation is a novelty in Slovakia and was only introduced in 2016, under the respective EU Regulation. This also foresaw an electronic platform to facilitate online cross-border consumer dispute resolution. Finally, the recently introduced new rules on civil judicial procedure in Slovakia (1st July 2016) also brought about some enhancements with regard to electronisation of dispute resolution. In addition to the possibilities of filing electronic submissions, hearings can also take place with the use of electronic means; public notices must be published on a website of a court or relevant authority and the delivery of court documents was also widely electronised based on a recent Act on e-Government

    E-Commerce During COVID-19 Lockdown 2020: Challenges and Opportunities For Consumer Rights In Uganda

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    Both the government of Uganda and Jumia Uganda effectively used the Covid-19 pandemic lockdown measures of 2020 to promote e-commerce services. This study adopted a qualitative research methodology. The researcher elicited random responses over a Facebook page regarding consumer experience using Jumia Uganda during the lockdown. The study engaged a population size of about 5,000 persons and a target sample size of 100 participants on Facebook of which 50 persons responded. The study found that 66% of the respondents had a bad experience using the Jumia Uganda platform compared to 34% who had a good experience. Although e-commerce was widely promoted and used, e-commerce service consumers had a bitter-sweet cocktail of experiences. Critical challenges of the business include: poor quality and counterfeit products, delivery challenges, high cost of shipping and pricing of products, cancellation, return, refund, repurchase challenges, and lack of an effective dispute resolution mechanism. The study recommends the improvement of the delivery mechanisms, quality verification, and certification process, and the creation of an online dispute resolution mechanism to boost consumer confidence and interest in e-commerce. Key words: E-commerce/ Covid-19/ Consumer Rights/ Trade/ Online Trade/ Online Dispute Resolution. DOI: 10.7176/JMCR/82-06 Publication date:November 30th 202

    The Urgency of Regulating Online Arbitration in Dispute Settlement of E-Commerce Transactions in Indonesia

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    The purpose of this study is to analyze the urgency of arrangements regarding Online Arbitration in dispute resolution on e-commerce transactions and to analyze the conceptualization of Online Arbitration in dispute resolution on e-commerce transactions. This research uses the statue approach to analyzing and tracing the regulations related to Online Dispute Resolution (ODR) and trade disputes. The legal material analysis technique was carried out by using the descriptive analysis method. ODR must have a clear legal basis. But in reality, in Indonesia until now the ODR does not have a legal basis even though in several laws and regulations it has opened opportunities for ODR to enter and also in article 72 paragraph (2) of the Government Regulation No. 80 of 2019 concerning Trade Through Electronic System states that settlement of disputes through electronic systems can be resolved via ODR. The ODR concept, especially online arbitration, which will be adopted by Indonesia, can be implemented by first reformulating existing regulations, particularly in Law No. 30 of 1999 concerning Arbitration and Other Alternative Dispute Resolution. By reformulating the rules contained in the Law, it can be used as a rule that also underlies the use of ODR in Indonesia. Incorporating the ODR concept into Indonesia is also carried out by making comparisons with other countries that have used it first so that Indonesia has an overview and inspiration in making the concept of ODR in Indonesia

    Perancangan E-Government Pelayanan Pengaduan Dan Penyelesaian Sengketa Lingkungan di Era Kebiasaan Baru Pada Dinas Lingkungan Hidup Kota Makassar

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    At the Environmental Service, there is a PPLH Arrangement and Compliance Division. One of the environmental dispute reporting services is a dispute between two or more parties arising from activities that have the potential and or have an impact on the environment. The environmental complaint and dispute resolution service at the Makassar City Environmental Service have guidelines for verifying disputes involving many aspects of activities and data collection. The background of the research is the community's obstacles in quick access to reporting complaints due to allegations of pollution and or environmental destruction. Another problem is that the Department of the Environment still needs to prepare a verification plan for environmental disputes involving the reporter and related agencies. The impact of the pandemic that cities and even countries have felt makes the problem even more complicated. The research objective is to design an E-Government application for Complaints and Environmental Dispute Resolution Services that can be accessed by the public anytime and anywhere, especially in the era of new habits. The waterfall's system development method starts from system engineering, needs analysis, design, coding, testing and maintenance. Black box testing method for functional testing. The programming language used is the PHP programming language in building environmental dispute verification media and Android-based applications as a complaint medium. The results of this study are that this application can be a medium so that complaints become easier and can neatly document the dispute resolution process

    Applying Arbitration to Settle Disputes in Administrative Contracts Under the New Saudi Government Tenders and Procurement Law

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    Significant changes to the Kingdom’s legal system have been made in alignment with the Saudi vision 2030 to diversify the economy. One of the changes is the 2019 Government Tenders and Procurement (GTP) law that allows arbitration as a dispute resolution approach in administrative contracts. The research problem of focus was the limited understanding of Saudi Arabian legal professionals\u27 perception of arbitration as a dispute resolution approach in administrative contracts under the GTP law. The purpose of this qualitative case study was to understand the perception of legal professionals in Saudi Arabia towards arbitration as a dispute resolution approach in administrative contracts under the GTP Saudi law. Luhmann\u27s system theory provided the study with a scholarly underpinning. The study was conducted using a qualitative methodology and a case study design. A purposefully participants selection technique was applied to recruit 15 participants. Seven themes, namely, (a) positive, (b) progressive, (c) efficacious, (d) internationalization, (e) questionable fairness, (f) unconventional outcomes, and (g) procedural modifications were identified. Saudi Arabian legal professionals perceive arbitration reforms in the new GTP law as positive and progressive changes that could promote internationalization because of their effectiveness. Conversely, arbitration could result in questionable fairness and unconventional outcomes making is essential to consider the public’s interest before selecting the approach

    Privacy and data protection in e-commerce in developing nations: evaluation of different data protection approaches

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    The emergence of e-commerce has brought about many benefits to a country’s economy and individuals, but the openness of the Internet has given rise misuse of personal data. Several countries have enacted legislation and procedures to protect the information privacy of their citizens and corporations. However, many developing countries, such as Nigeria are yet to enact any procedures, despite the high level of identity theft and online fraud. Different approaches to data privacy and protection are found in different countries. These can be generally categorised as the self-regulation approach, as used in the United States and the government approach, as used in the United Kingdom. This paper investigates the reasons why developed countries adopt any particular system for data protection. The paper evaluates these data protection approaches to determine its applicability in developing nations, using Nigeria as a case study. This is done by identifying the issues affecting data protection in the developing country and then evaluating the approaches’ dispute resolution, enforcement and compliance monitoring processes for their applicability in the case of Nigeria. Benchmarks developed by the Australian government for Industry-Based Customer Dispute Resolution Schemes provide a suitable mechanism for evaluation

    Cyberlaw 2.0

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    This Article outlines two versions of cyberlaw, The first, characteristic of the scholarship of the late 1990s, is typified by a borclerless Internet and national laws that cease to have effect at their real-space borders, the regulatory power of code, and the virtue of selfregulatory solutions to Internet and e-commerce issues. In Cybet\u27law 2.0, the borderless Internet becomes bordered, bordered laws become borderless. the regulation of code becomes regulated code, and selfregulation becomes industry consultation, as government shifts toward a more traditional regulatory approach. The Article assesses each of these changes, calling attention to recent developments in copyright law, domain name dispute resolution, privacy, and Internet governance. At the heart of each is the question of the appropriate governmental role in Internet regulation and the need for cyberlaw to reconcile how government and regulation fit within the tensions of ever-changing technologies

    El dispute boards en los contratos de obra e Infraestructura en la ley Nº30225

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    La presente tesis tiene como propósito, demostrar que el Dispute Boards, como mecanismo alternativo de resolución de controversias, contribuye en la ejecución de los contratos de obra e infraestructura dentro del marco de la Nueva Ley de Contrataciones del Estado, en nuestro país. Para ello, se han utilizado técnicas como el fichaje, recolección de información y análisis del contenido; con la finalidad de analizar de manera precisa la doctrina y legislación correspondiente a la materia de investigación. El objetivo de esta investigación es determinar, como este mecanismo alternativo de resolución de controversias, contribuye en la ejecución de los contratos de obra e infraestructura dentro del marco de la Nueva Ley de Contrataciones del Estado, otorgando Celeridad a la solución de controversias, evitando la paralización de obras en el Perú. Para esto, se ha recurrido a la Ley N° 30225 y su Reglamento, para efectos de realizar la interpretación de las normas legales, determinando de manera precisa las conclusiones y recomendaciones de la investigación. Con los resultados obtenidos de la presente investigación, se ha podido concluir que; la incorporación y regulación del Dispute Boards, como mecanismo alternativo de resolución de controversias en la Nueva Ley de Contrataciones del Estado – Ley N° 30225, contribuye favorablemente en la ejecución de los contratos de obra e infraestructura, en la medida que garantiza la continuidad de la obra mientras se resuelven las controversias y desavenencias surgidas.This research aims to demonstrate that the Dispute Boards, as an alternative mechanism for dispute resolution, contributes to the execution of works contracts and infrastructure within the framework of the new Law on Government Procurement, in our country. To do this, they have used techniques such as signing, data collection and content analysis; in order to analyze accurately the doctrine and corresponding to research legislation. The objective of this research is to determine, as this alternative mechanism for dispute resolution contributes to the execution of works contracts and infrastructure within the framework of the new Law on Government Procurement, giving Celerity to the dispute, avoiding paralyzation of works in Peru. For this, it has resorted to Law No. 30225 and its implementing regulations, for purposes of making the interpretation of legal rules, determining precisely the conclusions and recommendations of the investigation. With the results of this investigation, it has been concluded that; the incorporation and regulation of Dispute Boards, as an alternative mechanism for dispute resolution in the New Law on Government Procurement - Law No. 30225, contributes favorably in the execution of construction contracts and infrastructure, to the extent that guarantees the continuity of the work while disputes and disagreement arising are resolved

    Rule-Based Dispute Resolution in International Trade Law

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    Why does the United States ever prefer to settle disputes under a system of rules rather than a system of negotiations? Powerful states are advantaged by negotiation-based approaches to settling disagreements because they have the resources to resolve individual disputes on favorable terms. By contrast, rule-based dispute resolution advantages weak states as a means to hold powerful states to the terms of their agreements. Then why did the United States want a rule-based system to settle international disputes in the WTO? To answer this question, we have to understand domestic politics as well as international politics. International constraints, particularly international courts, can influence bargaining at the national level by reallocating bargaining power among members of the government. This work addresses both the puzzle of the United States\u27 preference for rule-based dispute resolution and the broader implications for international law
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