The Role of Mediation in International Commercial Disputes: Reflections on Some Technological, Ethical and Educational Challenges

2019 ◽  
Author(s):  
Katia Fach Gomez
Author(s):  
Mohammed bin Fahed al-Subaie

    This study aimed to identify the judicial implementation of the provisions of corporate crimes in Saudi law and determine the objectives of judicial execution and the competent authority in adjudicating the disputes of commercial companies and the role of lawyers in the trial proceedings in the crimes of commercial companies. Moreover, this study aimed at how to achieve justice in commercial courts. The researcher followed the descriptive method in this study as it has included all texts related to the activities and commercial relations contained in the current regulations. The results of the study reached several results, the most important of which are: The jurisdiction over the consideration of commercial disputes in the Kingdom has passed several stages, but in the recent past it is divided into two parts: the first is the Diwan of Grievances; the second is the committees with jurisdiction. However, Ombudsman for Commercial Disputes. As well as the judicial environment in the Kingdom is living a significant positive movement, especially in the legislative and executive aspects, and the non-unification of commercial judicial bodies in one hand led to duplication of the judiciary and resulted in the presence of more than one body charged with separating with the differentiation of competencies and their overlap in one conflict. The study recommended the need to unify the Saudi commercial judicial bodies in one jurisdiction, the commercial courts of the public judiciary, and rely on modern techniques of telecommuting methods to provide easy communication with lawyers.  


2020 ◽  
Vol 10 (11) ◽  
pp. 309
Author(s):  
Constanza Miranda ◽  
Julian Goñi ◽  
Bruk Berhane ◽  
Adam Carberry

The growth of undergraduate entrepreneurship education programs and research, both within and outside of business programs, has led to a diverse array of academic literature on this topic. The diversity of perspectives has led to many conceptual and educational challenges that remain unresolved within the literature. The following conceptual paper offers a critical perspective on challenges that have been identified. A narrative-style literature review was conducted to explore challenges emerging from both (a) the practice of teaching entrepreneurship and (b) the definitions and assessment of entrepreneurial mindsets and skills that result from those education processes in entrepreneurship education, particularly within an undergraduate engineering education context. We achieve this objective by discussing previously dispersed sources of literature from disciplines that have critically discussed and explored entrepreneurial themes, such as business education, sociology, psychology, and philosophy. Contemporary debates within multiple disciplines are integrated and organized as challenges to inspire new theoretical discussions among scholars, educators, and other practitioners that can inform a more comprehensive way to conceive and assess entrepreneurship in engineering education. Seven challenges were identified ranging from the definition of entrepreneurship in education to the role of ethics in the teaching and assessment of entrepreneurship. We use these seven challenges and research questions as a starting point for the disambiguation of the working definition of entrepreneurship in the context of engineering education.


2019 ◽  
Vol 15 (2) ◽  
pp. 203
Author(s):  
Musa Sinar Tarigan

<p>The challenge of Christian education today is how to implement biblical principles in the context of education properly to distinguish Christian education from other educational concepts. Christian education will have no true meaning without the work of Christ. This principle is important for answering various educational challenges that are incompatible with biblical truth. The role of Christian education is very important in the effort to implement God's truth in a world of creation that longs for freedom from slavery of sin. That's why Christian education must be holistic, rooted, grow, and bear fruit in Christ. This article aims to show that biblical truth must be the foundation of a holistic Christian education. This article uses literature research by examining the biblical concept of Christ's atonement and its implementation in the practice of Christian education. This research was carried out from 2018 until 2019, and concluded that Christ's atonement has very strong implications in the practice of biblical Christian education in realizing God's love for humans and restoring God's creation to His original purpose.</p><p><strong>BAHASA INDONESIA ABSTRAK: </strong>Tantangan pendidikan Kristen dewasa ini adalah bagaimana mengimplementasikan prinsip Alkitab dalam konteks pendidikan dengan benar untuk membedakan pendidikan Kristen dengan konsep pendidikan lainnya. Pendidikan Kristen tidak akan memiliki makna tanpa karya Kristus. Prinsip ini penting untuk menjawab berbagai tantangan pendidikan yang tidak sesuai dengan kebenaran Alkitab. Peran pendidikan Kristen sangat penting dalam upaya mengimplementasikan kehendak Allah dalam dunia ciptaan yang merindukan kemerdekaan dari perbudakan dosa. Itu sebabnya pendidikan Kristen harus holistis, berakar, bertumbuh, dan berbuah di dalam Kristus. Artikel ini bertujuan untuk menunjukkan bahwa kebenaran Alkitab harus menjadi landasan pendidikan Kristen yang holistis. Artikel ini menggunakan riset literatur dengan meneliti konsep Alkitab tentang penebusan Kristus dan implementasinya dalam praktek pendidikan Kristen. Riset ini dilaksanakan pada tahun 2018 hingga 2019, dan menyimpulkan bahwa karya penebusan Kristus memiliki implikasi yang sangat kokoh dalam praktek pendidikan Kristen yang alkitabiah dalam mewujudkan kasih Allah kepada manusia dan memulihkan ciptaan Allah kepada tujuan semula.</p>


2021 ◽  
Author(s):  
Violeta Vladova-Ivanova ◽  
Keyword(s):  

The report examines some aspects of commercial mediation in the context of the more and more often used mediation clauses in the commercial contracts. The advantages of mediation in resolving commercial disputes are analyzed, the role of mediation clause in the commercial contracts is specified and its content is considered, as well as some peculiarities in connection with its application. On this basis, specific conclusions and a proposal for improving the legislation are made.


2021 ◽  
Author(s):  
Violeta Vladova-Ivanova ◽  
Keyword(s):  

The report examines some aspects of commercial mediation in the context of the more and more often used mediation clauses in the commercial contracts. The advantages of mediation in resolving commercial disputes are analyzed, the role of mediation clause in the commercial contracts is specified and its content is considered, as well as some peculiarities in connection with its application. On this basis, specific conclusions and a proposal for improving the legislation are made.


Author(s):  
Malinvaud Carole ◽  
Camboulive Christian

This chapter evaluates the merits of Paris as a venue for international arbitration proceedings. It discusses the history and development of arbitration in France; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that the new French arbitration regime, resulting from the January 13, 2011 reform, continues to distinguish French arbitration law from the United Nations Commission on International Trade Law (UNCITRAL) Model Law. This new regime confirms the longstanding supportive approach of France towards arbitration, as an appropriate and adapted mean to resolve international commercial disputes in particular. Yet on certain issues, such as the possibility of waiving the right to challenge awards or the computation of the time limit to introduce such challenges, the innovative provisions of the new French regime have yet to be tested in the courts.


2020 ◽  
Vol 8 (2) ◽  
pp. 485-501
Author(s):  
Qiao Liu

Abstract This comment highlights the major civil or commercial (mostly contract) law provisions in 24 judicial documents newly released by the Supreme People’s Court or High People’s Courts in China in response to the outbreak of COVID-19 and assesses the significance of key changes to the pre-pandemic law. It concludes by noting the increased role of the doctrine of the change of circumstances and the ‘contract purpose’ test, the emphasis placed on consensual solutions (by way of mediation and contract renegotiation), and the flexibility and relatively clearer guidance afforded to lower courts in their adjudication of disputes arising in connection with COVID-19.


2021 ◽  
Vol 13 (7) ◽  
pp. 3654
Author(s):  
Ana Belén Cano-Hila ◽  
Rafel Argemí-Baldich

The COVID-19 pandemic is questioning the achievement of main challenges we face as a society, for instance, to ensure a free, equitable, and good quality compulsory education for all children or to reduce social inequality. During the spring lockdown, particularly in Spain, schools were closed for six months and a process of virtualization of teaching was total; that context generated important educational challenges. This paper presents and analyses forms of digital reciprocity and solidarity among pre-primary education children, families, and teachers, by presenting a case study of the parents’ WhatsApp class groups and a collaborative YouTube channel. The procedure developed was netnography and the data analysis followed the model of grounded theory. Both digital spaces created by parents have become a network of mutual support. It has had multiple positive impacts: (i) providing and receiving social support; (ii) generating dynamics of reciprocity and empowerment; and (iii) activating values that generate a sense of community (feeling of belonging, trust, etc.). The case study shows how virtual networks increase the subjective well-being of participants in a difficult context and also invites reflection about the key role of cultural capital of the parents as a key element in the conditions of educability of children, especially in e-learning of pre-primary education.


Author(s):  
Teni Husnul Khotimah ◽  
Natasya Siti Rokaibah ◽  
Suci Zahrotunnisa ◽  
Muhammad Wildan Firdaus ◽  
Rahimul Wiqi ◽  
...  

This study aims to determine the views of physics and non-physics teachers on the challenges and opportunities of education now and in the future, namely the entry of Indonesia in industry 4.0. Education is not a simple thing that we can ignore because basically education is the basis of the formation of a character. Countries are said to be developed if the quality of human resources possessed is high quality. In this study we used a participatory qualitative research method. The instrument used was a questionnaire response to the challenges and educational opportunities which amounted to 25 statements and was given to 10 educators in West Java. The results of this study indicate the profile of respondents' responses to educational challenges and opportunities is varied and the indicator profile of educational challenges and opportunities is at 70%. This study concludes that the level of educator response to the nature of education is quite low at 70%. The most dominant aspects of challenges and opportunities include the role of globalization and technological development. This study recommends that teachers improve the individual quality of each student and the placement of learning systems that are compatible with the education system in the era of the industrial revolution 4.0.


Sign in / Sign up

Export Citation Format

Share Document