Search results for "Dispute Resolution"

ARBITRATION AND ADR, COMPONENTS OF THE NEW PARADIGM OF THE JUSTICE IN THE MODERNITY

2018

Arbitration is a piece of the new conception of Justice. The legislators have changed the rules of arbitration and there is a sort of uniform Act of global arbitration. CNUDMI Act is the protagonist of this metamorphosis. With some contractual and jurisdictional elements arbitration is arbitration and this is its real legal nature. Two fundamental elements constitute its essence. The freedom and autonomy of the parties, on the one side, and the exercise of the function of the arbitrators and its effects, on the other. There is not arbitration without them.

The BRICS Centres of Dispute Resolution: causes, state of the art, and prospects

2023

The idea of an enhanced cooperation and exchange of knowledge and best practices among its member states in the fields of trade, commerce, and investments -among others- is at the heart of BRICS. In fact, intra-BRICS trade has nearly tripled over the last decade, supported by an increase in intra-regional trade for all member countries. Thanks to their influential and remarkable progress in promoting local currency (for de-dollarisation purposes), regional FDI, and regional trade, the BRICS economies have emerged and have taken a new space in the twenty-first century. This reinforced one of the core objectives pursued by BRICS which is that of enhancing the five developing economies’ role i…

General Report: New Developments in Civil and Commercial Mediation – Global Comparative Perspectives

2015

Modern societies are very much linked to the idea of litigation. The incessant increase in the level of litigation puts the whole judicial system under pressure because the volume of disputes brought before State courts increases, the proceedings become more and more lengthy and the costs incurred by the parties in such proceedings also greatly increase. This situation can impair the full implementation of the principle of access to justice for citizens.

Innovation: transforming hierarchies in South Asia

2014

This special issue examines innovation as social change in South Asia. From an anthropological micro perspective, innovation is moulded by social systems of value and hierarchy and simultaneously potentially transforms them. The articles in this special issue examine a number of innovations in South Asian contexts: the printing press's changing technology and its intersections with communal and language ideologies in India (Peterson); mobile telephony, gender, and kinship in West Bengal (Tenhunen); microcredit and its relationship with social capital in Bangladesh (Uddin); imbalanced sex ratios and the future of marriage payments in north-western India (Jeffery); and how alternative dispute…

Civil and Commercial Mediation and National Courts: Towards a New Concept of Justice for the XXI Century?

2017

Modern societies are very much linked to the idea of litigation. The incessant increase in the level of litigation puts the whole judicial system under pressure because the volume of disputes brought before State courts increases, the proceedings are getting more and more lengthy and the costs incurred by the parties in such proceedings are also greatly increasing. This situation can impair the full implementation of the principle of access to justice for citizens.

Mediation for resolving family disputes

2016

Nowadays the understanding of the institute of marriage and its importance in the society has changed. Marriage is no longer assumed to be a commitment for a lifetime. As the principle of equality has replaced hierarchy as the guiding principle of family law it gave more grounds for family disputes and it became socially acceptable to leave marriages that are intolerable or merely unfulfilling. The aim of this article is to suggest an alternative dispute resolution method-mediation as a worthy option for resolving family conflicts.

意大利调解的新发展Italian and Chinese Reform on Mediation: an overview

2013

Neutralidad y honorabilidad del árbitro: : De la ética a la diligencia

2021

One of the main principles of arbitration is that the arbitral tribunal must be independent, impartial, neutral and diligent in carrying out its duties throughout the arbitration proceedings. However, the sophistication and complexity of arbitration as an extra-judicial dispute resolution procedure can undermine confidence in the efficiency of the system. In this regard, the professional (arbitral) ethics and the honourability of the arbitrator are of major importance. This article aims to highlight the importance of the neutrality of the arbitrator, the integrity of the arbitration and the reputation of this procedure

Criminal Mediation as a Restorative Instrument for Victim: In All Cases and for All Victims?

2012

Insofar as the intention is to provide legal protection, to speak of victims and of certain victims in particular, implies recalling the obscure past that enveloped them with regard to their invisibility in the criminal system as a whole. Society assumed the burden of the criminal response, through the expropriation of the victims’ rights by the State in the interests of that social safeguard. We have for centuries accepted that it was what society required –it was the conquest of civilization, ending “an eye for an eye and a tooth for a tooth” and the lex talionis. That was the best solution, although the outcome of these responses to that situation, owing to frustration, disenchantment an…

Alternative Dispute Resolution Systems Across the European Union, Iceland and Norway

2014

Abstract Alternative dispute resolution schemes (ADR) have been developed differently across the EU. It is difficult to determine which of the countries have developed the most successful schemes. Therefore the aim of this article is to summarize different organizational aspects of ADR schemes across the EU, to determine similarities across different countries and to define them in specific systems. Defining these schemes in systems will not only help to evaluate and compare ADR schemes and their success between different countries but will help also professionals, governments and other stakeholders to develop more effective ADR schemes across the EU, Iceland and Norway.