The Changing Face of International Dispute Resolution: An Analysis of Factors Driving Trends in Investor-State Dispute Resolution and the WTO Dispute Resolution Mechanism

2014 ◽  
Author(s):  
Nicole Ann Shanahan
Keyword(s):  
Dispute Resolution ◽  
International Dispute ◽  
Dispute Resolution Mechanism

Part V International Dispute Resolution, 18 International Civil Procedure

2015 ◽  
Keyword(s):  
Dispute Resolution ◽  
Direct Determination ◽  
Civil Procedure ◽  
Private International Law ◽  
International Dispute ◽  
Domestic Courts ◽  
The Law ◽  
Dispute Resolution Mechanism ◽  
International Conventions

The law of international civil procedure, in some systems treated as part of the conflict of laws (private international law), governs international disputes where the parties to a transaction did not for arbitration as dispute-resolution mechanism and where such disputes are dealt with in domestic courts. The principal issues are as follows. Which courts have jurisdiction? Are provisional and protective measures available? How are proceedings conducted in cases involving parties from different countries, in particular how are they served with documents and how is the taking of evidence organized? Will a judgment or other type of decision rendered by the courts of one country be recognized and enforceable in other countries? In the EU these matters are dealt with by genuine Union law, such as the Brussels I bis Regulation. In the Member States of the MERCOSUR, the approach is still more conservative (‘indirect’ instead of ‘direct’ determination of adjudicatory jurisdiction). US courts apply the common law of the State where they sit, and their approach to using traditional concepts, such as discovery, as an alternative to rules provided for in international conventions creates what is known as the ‘judicial conflict’ between US and courts in other parts of the world. First steps to harmonize the law of civil procedure are currently bearing fruit.

Part III Practice and Procedure, 12 Advantages of Arbitration for International Mining Disputes

2017 ◽  
Author(s):  
Burnett Henry G ◽  
Bret Louis-Alexis
Keyword(s):  
Dispute Resolution ◽  
International Institutions ◽  
Decision Makers ◽  
International Arbitration ◽  
National Courts ◽  
Arbitration Process ◽  
International Dispute ◽  
Dispute Resolution Mechanism ◽  
International Chamber Of Commerce

This chapter discusses arbitration for international mining disputes. Such disputes often involve parties from different countries often with different legal systems and cultures. Arbitration in a neutral forum, with independent and impartial decision-makers, as opposed to litigation in the national courts of one party or the other, is, in most cases, the preferred international dispute resolution mechanism. Some of the more well-known international institutions include the International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), International Centre for Dispute Resolution (ICDR), and the International Centre for Settlement of Investment Disputes (ICSID). The remainder of the chapter provides a general overview of the role of national courts in connection with the international arbitration process and some of the primary issues that involve consideration by national courts.

Rule of Law in India

2018 ◽  
Author(s):  
Harish Narasappa
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Theory And Practice ◽  
The Rule Of Law ◽  
Social Challenges ◽  
Application Of Law ◽  
Primary Element ◽  
The Status ◽  
Dispute Resolution Mechanism

Rule of law is the foundation of modern democracies. It envisages, inter alia, participatory lawmaking, just and certain laws, a bouquet of human rights, certainty and equality in the application of law, accountability to law, an impartial and non-arbitrary government, and an accessible and fair dispute resolution mechanism. This work’s primary goal is to understand and explain the obvious dichotomy that exists between theory and practice in India’s rule of law structure. The book discusses the contours of the rule of law in India, the values and aspirations in its evolution, and its meaning as understood by the various institutions, identifying reason as the primary element in the rule of law mechanism. It later examines the institutional, political, and social challenges to the concepts of equality and certainty, through which it evaluates the status of the rule of law in India.

scholarly journals Mekanisme Penyelesaian Sengketa Informasi Publik di Pengadilan Tata Usaha Negara Denpasar

2020 ◽  
Vol 1 (2) ◽  
pp. 93-98
Author(s):  
I Made Bayu Ari Budi Utama ◽  
Ida Ayu Putu Widiati ◽  
Luh Putu Suryani
Keyword(s):  
Dispute Resolution ◽  
Public Information ◽  
Implementation Process ◽  
Empirical Method ◽  
Public Agency ◽  
Administrative Process ◽  
Material Sources ◽  
Litigation Process ◽  
Public Body ◽  
Dispute Resolution Mechanism

The sustainability of public information is an inseparable aspect of democracy, which upholds freedom and human rights. The sustainability of public information is an important aspect in fulfilling individual rights to public information. However, in practice, the public's understanding of the dispute resolution mechanism on the Sustainability of Public Information is still low. In addition, in the implementation of this Public Information Sustainability dispute, there are still obstacles that can interfere with the implementation process. That can be in the form of the applicant's lack of interest in requesting information and the applicant's lack of understanding of the administrative process in dispute implementation. Based on these problems, the purpose of this study is to know the efforts to resolve public information disputes and practice the process of dispute resolution on the sustainability of public information. The research method used is the empirical method assisted by primary and secondary legal material sources and uses qualitative techniques, namely by describing legal data first, then analyze through analysis techniques with interpretive techniques and shed descriptively in the form of a thesis. Efforts to resolve public information disputes can be carried out through two processes, namely the non-litigation process carried out at the competent Regional Information Commission and the litigation process undertaken at the State Administrative Court if the disputing public body is a State-owned public agency or a PN if the disputing public body is said. is a private public body. In practice, the process of resolving information sustainability disputes in Indonesia still has obstacles which can be in the form of misunderstandings caused by the applicant's lack of understanding of the application mechanism or the stages of the administrative process that must be passed in filing a dispute on the sustainability of public information.  

scholarly journals International Legal and Economic Aspects of Dispute Resolution within the WTO in the Context of International Integration

2021 ◽  
Vol 14 (2) ◽  
pp. 64-71
Author(s):  
V. P. Kirilenko ◽  
Yu. V. Mishalchenko ◽  
A. N. Shchepova
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
The European Union ◽  
Advantages And Disadvantages ◽  
Legal Remedies ◽  
The World ◽  
System Functioning ◽  
Dispute Settlement System ◽  
Dispute Resolution Mechanism ◽  
Settlement Of Disputes

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 resolved within the framework of the World Tr ade Organization, as well as to the crisis faced by the organization due to the absence of a permanent appeals body.

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