AN OVER VIEW OF ALTERNATE DISPUTE RESOLUTION FROM THE CONTRACTUAL PERSPECTIVE IN EUROPE

The Alternative Dispute Resolution ("ADR") is an alternative conflict settlement strategy. It follows the main objective of solving conflicts between parties stunningly through the help of independent professionals and renowned personalities. Today the role of the ADR is more important, and the number of agreements with ADR is increasing. One of the reasons for this development is that the ADR is usually more efficient and time-saving compared to normal justice delivering procedures. The current paper examines the most popular techniques for the solution of alternative disputes within the EU, through mediation. This paper associates ADR development and the European Law Legislative International Trade Conciliation (2002) along with other Laws and ADR services, such as ICC and different Laws related to the services. It then conjointly makes comparisons between the bound “member state” MS Courts to observe problems concerning ADR. Additionally, it recognizes the ADR in the light of the right to valid remedy (European Union Principles). To administer a deep insight into the subject, the paper describes additionally the ADR origin, its features, and relevance. Hence, this paper will shed light on the issues faced by parties in ADR concerning agreements and shall thereby, provide a solution to overcome the same.

Contextualizing alternate dispute resolution: an agile approach to resolve disputes in infrastructure projects

This paper examines the potential disputes in infrastructure projects’ environment, critiques the available Alternate Dispute Resolution options in practice both in local and international jurisdictions and proposes a diagnostic approach to resolve the disputes prevalent in infrastructure projects

Global Trends of Online Dispute Resolution (ODR) with reference to Online Trade in Pakistan

Online Trading in Pakistan has been rising with every passing day. State level regulation for online trade is inevitable reality. Online trade has systematically entered in Online Dispute Resolution (ODR) System that is the format of Alternate Dispute Resolution System (ADR). Many multi-national vendors such as Amazon and Alibaba are using Online Dispute Resolution mechanism to make the trade efficient and less dependent on conventional remedial systems of Civil Laws and cumbersome procedures of classical courts. Online Trade in Pakistan is a novel idea and is flourishing by every passing day. On the same time, online trade faces issues of dispute resolution. This paper will aim at introducing Online Dispute Resolution (ODR) as a model through case studies of various developed nations and international framework. Moreover, this paper will identify the prospect and limitations of Online Dispute Resolution in Pakistan.

Integrated Justice in Pakistan: From Legal Pluralism to Normative Convergence

Legal pluralism, throughout most of developing countries, has been extant since the onset of colonial era. Manifested in a variety of forms, legal pluralism is inherently characterized by both promises as well as limitations. In Pakistan, legal pluralism is epitomized by the prevalence and functioning of parallel systems of justice such as formal courts and Alternate Dispute Resolution Mechanism (ADRM), such as “Jirga. Poor coordination and tenuous enforcement mechanisms, however, render the formal justice system in Pakistan one of poorest performers in terms of judicial efficacy world-wide. This article seeks to explore the possibility of a convergence between traditional and modern models of dispute resolution, i.e. Jirga and court system and the resultant efficacy thereof through devising a conceptual framework. The framework reveals that both formal courts and Jirga demonstrate marked discrepancies concerning their efficacy with respect to the provision of justice and dispute resolution. Findings from the field, however, evince that Jirga stand out to be a relatively more effective mechanism of dispute resolution than formal courts. The conceptual framework, however, implies that by converging both systems it is possible to cope with the limitations of each of the two systems such that while courts could provide legal legitimacy to the Jirga by improving its decency and accountability through regulations, Jirga could enhance the legitimacy of courts by improving its accessibility and transparency through feedback mechanisms. The article concludes by way of arguing that instead of parting ways with each other, both courts and jirga shall seek to go hand in hand in order avoid delays in the provision of justice.

Settlement of Disputes by Way of Arbitration in Pakistan

<p><em>Arbitration is a method, through which, parties resolve their disputes; outside the court of law; by avoiding all types of technicalities of procedural law. It is one of the modes of Alternate Dispute Resolution. The Arbitration Act 1940 is the only statute in Pakistan, which deals with all types of arbitration processes in Pakistan, but it does not deal with the recognition and enforcement process of International Arbitral Awards in Pakistan. The New York Convention 1958 is enforced in Pakistan, through the Recognition and Enforcement Act 2011 and it deals with the recognition and enforcement process of International Arbitral Awards in Pakistan. The problem in Pakistan is that the majority arbitration processes are not conducted, in accordance with the provisions of the prescribed laws of arbitration, they are usually conducted, in accordance with the customs and usages of the society, which are not prescribed in the current Arbitration Act 1940. There are private Jirga and </em><em>Punchayat systems; in rural areas; throughout Pakistan, to resolve disputes of the poor people of the locality and the decision of that proceeding usually are not submitted in the court of law, for the implementation, which is the requirement under the Arbitration Act 1940, for the smooth implementation of the decision; through the executive wing of the state. Many countries of the world have amended their arbitration laws, as per the customs and usages of the society and under the light of the relevant International Conventions and Treaties. Similarly, in Pakistan, the Arbitration Act 1940 needs a lot of changes, as per the customs and usages of the society, relevant principles laid down in the Holy Quran and Sunnah of Prophet Muhammad and in accordance with the related International Conventions and Treaties. The UNCITRAL Model Law 1985 is not applicable in Pakistan, thus it is also a requirement and need of the time to be implemented in Pakistan, through the act of the Parliament</em><em>.</em></p>

Los mecanismos alternos de solución de conflictos en la ley penal nacional. / Alternate dispute resolution mechanisms in the national criminal law

El presente estudio tiene como objetivo fundamental desentrañar la aplicación actual y real con la cual cuentan los mecanismos alternos de solución de conflictos, dentro del sistema acusatorio, a través de las legislaciones nacionales en materia penal que imperan en nuestro marco normativo, específicamente en el Código Nacional de Procedimientos Penales y la Ley Nacional de Mecanismos Alternos de Solución de Conflictos en Materia Penal.Para tales fines, fue dable la utilización del método comparativo para contrastar la realidad de los sistemas de impartición de justicia en donde se basan estas nuevas legislaciones, así como el método deductivo, documental, exegético, sistemático jurídico y dialéctico.Dicha situación arrojó como resultado la ubicación precisa de las diferentes deficiencias con las cuales se maneja el tema de la justicia alternativa dentro de las leyes nacionales penales y dentro del propio sistema de impartición de justicia, así como sus posibles soluciones.

Organisational Conflict and Its Management

This chapter concerns itself with defining conflict and discusses the value it provides to organizations engaging in conflicts. The chapter is structured so that first we will provide a brief on the need to study conflict and negotiations in organizations. Then the discussion will move to the different drivers of organizational conflicts and will conclude with a typology of the different conflicts that exist within organizations. The third section will focus on the models (life-cycles) of conflicts that are available in conflict literature. The final section will focus on the different conflict handling techniques that are available. This section will include a discussion on the different conflict handling styles and negotiation tactics, and a brief on the process of alternate dispute resolution in conflict management.