scholarly journals Engineering Informal Institutions: Long-run Impacts of Alternative Dispute Resolution on Violence and Property Rights in Liberia

2018 ◽  
Author(s):  
Alexandra Hartman ◽  
Robert Blair ◽  
Christopher Blattman
Keyword(s):  
Property Rights ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Informal Institutions ◽  
Long Run

scholarly journals STUDI KOMPARATIF PENYELESAIAN SENGKETA EKONOMI MELALUI PENGADILAN NIAGA DAN ARBITRASE

FIAT JUSTISIA ◽  
2016 ◽  
Vol 1 (2) ◽  
Author(s):  
Rilda Murniati
Keyword(s):  
Property Rights ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Trade Finance ◽  
Finance Industry ◽  
Broad Field ◽  
The Difference ◽  
The Postponement ◽  
Legal Consequences ◽  
Debt Payment

Formally, the economics of alternative dispute resolution can be done through the Commercial Court and Arbitration. Both are different in terms of the object of dispute, the procedures for dispute resolution and legal consequences. In terms of the object of dispute the equation is the Commercial Court and Arbitration courts can be resolving disputes in the field of property rights along a predetermined interlektual in UUHKI. While the difference is the scope of Arbitration has a broad field that encompasses all economic fields of trade, finance, industry, banking, and everything related to the rights of the parties. Commercial Court only has the authority in the field of IPR and bankruptcy as well as the postponement of debt payment obligations. Keywords: Economic Dispute Resolution, Commercial Court of Arbitration

scholarly journals Property Issues in Displacement and Conflict Resolution

Refuge ◽  
1997 ◽  
pp. 22-27
Author(s):  
Tim Wichert
Keyword(s):  
Conflict Resolution ◽  
Property Rights ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Displaced Persons ◽  
Post Conflict ◽  
Durable Solutions

Property plays an important role in the decisions made by refugees and displaced persons regarding durable solutions for them and their families. In particular, it will affect their decision whether to return to their homes. Understanding property rights in this context is imperative, especially for agencies involved in post-conflict rehabilitation. This paper sets out the context by outlining various legal and practical considerations. It then looks at specific initiatives in Mozambique, Bosnia and Nicaragua. For a variety of reasons, there is a move towards "non formal" resolution of property disputes, in particular the use of alternative dispute resolution mechanisms. These are considered, and seven points of comment and conclusion then follow.

ASAS KEPASTIAN HUKUM DAN ASAS KEBEBASAN BERKONTRAK SEBAGAI PERTIMBANGAN UTAMA DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH (Kajian Yuridis Putusan MK Nomor 93/PUU-X/2012)

2018 ◽  
Vol 3 (1) ◽  
pp. 69
Author(s):  
Edi Hudiata
Keyword(s):  
Dispute Resolution ◽  
Judicial Review ◽  
Alternative Dispute Resolution ◽  
Contract Law ◽  
Islamic Banking ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Ideal Norm ◽  
Freedom Of Contract ◽  
Binding Force

Since the verdict of the Constitutional Court (MK) Number 93/PUU-X/2012 pronounced on Thursday, August 29, 2013, concerning the judicial review of Law No. 21 of 2008 on Islamic Banking, it is no longer dualism dispute resolution. The verdict as well as strengthen the jurisdiction of Religious Court to resolve Islamic banking disputes. In consideration of the judges, judges agreed stating that Article 55 paragraph (2) and (3) of Law No. 21 of 2008 which is an ideal norm, contains no constitutional problems. The problem is the explanation of the constitutional article 55 paragraph (2) of the Act. The emergence of the Constitutional Court verdict No. 93/PUU-X/2012 which substantially states that the explanation of Article 55 paragraph (2) of Law No. 21 of 2008 does not have binding force, basically does not violate the principle of freedom of contract which is common in contract law. The parties are allowed to make a dispute resolution agreement out of religious court based on provisions as Act No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. Keywords: dispute resolution, legal certainty and the principle of freedom of contract

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