The Challenge of Arbitral Awards in Nigeria – Its Procedure and Impact on the Effectiveness of Arbitration as a Dispute Resolution Mechanism

2019 ◽  
Author(s):  
Chisanya Attamah
Keyword(s):  
Dispute Resolution ◽  
Dispute Resolution Mechanism

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.

Assessing the efficacy of forum selection agreements in Commonwealth Africa

2020 ◽  
Vol 7 (2) ◽  
pp. 1-40
Author(s):  
Theophilus Edwin Coleman
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Arbitral Tribunal ◽  
African Countries ◽  
The Subject ◽  
Dispute Resolution Mechanism ◽  
Domestic Support ◽  
Commercial Disputes

Any international commercial agreement has the potential to be the subject of a dispute. In resolving international commercial disputes, parties to a contract are at liberty to choose any dispute resolution mechanism that best serves and meets their commercial interests. Generally, parties to an international commercial contract may resort to courtroom litigation or choose an alternative dispute resolution (ADR) mechanism as a method of resolving their transnational disputes. Underlying almost every international commercial contract, therefore, is a very primary question about where, by whom and how the parties prefer their disputes to be litigated. The response to this question depends on whether parties prefer traditional courtroom litigation, or an ADR mechanism. In most instances, countries put in place dispute resolution regimes that seek to afford contracting parties the liberty to submit their disputes to a foreign forum or an arbitral tribunal for legal redress and/or a remedy. However, while the efficacy of resolving international disputes through arbitration has garnered immense international and domestic support, the submission of disputes by parties to a foreign forum through a forum selection agreement is regarded with much ambivalence in most countries. This article assesses the efficacy of forum selection agreements in Commonwealth Africa. It appraises the judicial approach of courts in Commonwealth African countries relative to the essence and effect of forum selection agreements. This article argues and calls for a higher degree of judicial commitment to the juridical choices of private individuals who are party to an international commercial contract, especially with regard to forum selection agreements.

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