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This chapter addresses the issue of arbitration in tourism from the perspective of litigation. International tourism requires two or more legal systems to solve a given problem, which creates great complexity. To diminish this effect, organizations have been encouraged to use arbitration instead of courts, and thus, it is necessary to measure its effect on them. The analysis used the Biplot methodology, a multivariate technique in the context of reduced dimensionality. The results obtained indicated that tourism demand and supply were willing to pay for arbitration, but the latter erroneously considered the former unwilling to pay. This chapter suggests that tourism companies can raise the price of their products to increase their profit.

This paper explores the experience of “Shari’a” as non-state law in the English courts through a historical analysis of past Islamic finance dispute resolutions (IFDRs). This paper aims to propose a conceivable scenario relating to the law applicable in international commercial contracts in the English courts with the emergence of the Hague Principles 2015.

This paper addresses several issues that have been raised in English case law: doubts about the legal nature of “Shari’a” as non-state law; the limits placed on freedom of choice of “Shari’a” law by the application of a single legal system; and the distinction between application of law and incorporation by reference of “Shari’a” in IFDRs. The paper then analyses the conformity of “Shari’a” with the provisions now used to resolve Islamic finance disputes (trade and investment) in the English courts, using an empirical analysis of The Accounting and Auditing Organization for Islamic Financial Institutions standards.

The paper provides that, in theory, “Shari’a” standards could play a significant role in IFDRs after Brexit, even though a gap persists in practice because the Hague Principles 2015 have not yet been adopted by the English legal system.

The study focuses on the English courts and shows how the IFDRs could be resolved with the emergence of Hague Principles 2015 in the post-Brexit era.

To the best of the author’s knowledge, this paper appears to be the first paper to provide a conceivable scenario relating to the future of the IFDRs in the English courts.

Construction projects commonly encounter complicated delay problems. Over the past few decades, numerous delay analysis methods (DAMs) have been developed. There is no consensus on whether existing DAMs effectively resolve delays, particularly in the case of complex concurrent delays. Thus, the primary objective of this study is to undertake a comprehensive and systematic literature review on concurrent delays, aiming to answer the following research question: Do existing delay analysis techniques deal with concurrent delays well?

This study conducts a comprehensive review of concurrent delays by both bibliometric and systematic analysis of research publications published between 1982 and 2022 in the Web of Science (WoS) and Scopus databases. For quantitative analysis, a bibliometric mapping tool, the VOSviewer, was employed to analyze 68 selected publications to explore the co-occurrence of keywords, co-authorship and direct citation. Additionally, we conducted a qualitative analysis to answer the targeted research question, identify academic knowledge gaps and explore potential research directions for solving the theoretical and practical problems of concurrent delays.

Concurrent delays are a critical aspect of delay claims. Despite DAMs developed by a limited number of research teams to tackle issues like concurrence, float consumption and the critical path in concurrent delay resolution, practitioners continue to face significant challenges. This study has successfully identified knowledge gaps in defining, identifying, analyzing and allocating liability for concurrent delays while offering promising directions for further research. These findings reveal the incompleteness of available DAMs for solving concurrent delays.

The outcomes of this study are highly beneficial for practitioners and researchers. For practitioners, the discussions on the resolution process of concurrent delays in terms of identification, analysis and apportionment enable them to proactively address concurrent delays and lay the groundwork for preventing and resolving such issues in their construction projects. For researchers, five research directions, including advanced DAMs capable of solving concurrent delays, are proposed for reference.

Existing research on DAMs lacks comprehensive coverage of concurrent delays. Through a scientometric review, it is evident that current DAMs do not deal with concurrent delays well. This review identifies critical knowledge gaps and offers insights into potential directions for future research.

The purpose of this research is to examine the relationship between employer and employees in a public power sector undertaking through the validation of CODE (compensation, organizational justice, dispute resolution and employee empowerment) and PLE (workforce productivity, employee loyalty and employee engagement) model.

A hypothesized research model was developed and validated by using structural equation modeling (AMOS 20). In total, 303 responses were accumulated by administering a structured questionnaire among the employees of a state-owned power sector.

The results revealed that a harmonious climate of employee relations is prevailing in the public power utility. Additionally, the findings suggest that the CODE and PLE model of employee relations are found to be positive and significant by investigating the impact of compensation, organizational justice, dispute resolution and employee empowerment as the predictors; and workforce productivity, employee loyalty and employee engagement as the critical outcomes of employee relations.

The study recommends some plausible insights for practitioners, decision-makers and policy formulators to develop strategies and policies for nurturing congenial employee relations and also to cultivate a facilitative work environment for generating contented and competent manpower.

Validation of CODE and PLE model of employee relations in the new perspective of power sector undertaking is an epoch-making and novel contribution that offers significant empirical evidence to the extant literature. Moreover, the exploration of employer–employee relations in this context is a unique and innovative effort toward existing research.

The link between relationship typologies and effectiveness of conflict resolution approaches remains to be tested despite its significance in conflict management in construction project delivery. By using the four relationships attributes based on the group attachment theory, the purpose of the study was to explore the cluster of relationships among project teams and organisations and the performance of conflict management strategies across these clusters in the Ghanaian construction industry.

Using a deductive questionnaire survey in the Ghanaian construction industry, a total of 137 responses were gathered and analyzed using cluster analysis, mean scores and ANOVA to reveal the relationship clusters and performance of conflict management strategies across these clusters.

The results revealed eight relationship clusters that exist among project teams and organisations with distinct influence of roles & tasks function, cognition, emotions and behavior attributes across the relationship clusters. In the aspect of the effectiveness of conflict management strategies, it was noted that the performance of these strategies were significantly different across the groups. For instance, integrating as a conflict management strategy was deemed to be effective in resolving conflict in unitary, adversarial, pluralist, mutuality, collaborative and partnering relationship clusters. In the case of coopetitive and coercive relationships, the performance of integrating as a conflict management strategy was less effective. This study thus has empirically proved that, different relationship clusters of teams and organizations exist within the Ghanaian construction industry, and that they perform different roles & tasks functions, cognition, emotions and behavioural attributes in their formation. Additionally, the performance effectiveness of conflict management strategies differed across the relationship clusters.

By aligning the relationship attributes to the dynamics of relationship clusters experienced in project teams and organisations, relationship quality, suitability and effectiveness of conflict management strategies can be optimized. The findings can inform project teams and stakeholders to develop fit-for-purpose relationship attributes among teams and organisations to enhance team effectiveness, relationship quality and conflict management in the industry.

Knowledge-intensive public organizations (KIPOs henceforth) rely heavily on knowledge as the primary resource to provide public services. This study deals with a specific kind of KIPO in the judiciary system: the courts. The paper aims to explore the court’s managerial and organisational change resulting from the national recovery and resilience plan (NRRP) reform in response to Covid-19, focussing on how this neglected KIPO responds to change, either by showing acts of resistance or undergoing a hybridisation process.

The paper adopts a qualitative research design, developing an explorative case study to investigate the process of a court’s managerial and organisational change caused by NRRP reform and to shed light on how this neglected KIPO reacts to change, showing resistance acts and developing the hybridisation process. Thirty-one interviews in six months have been conducted with the three main actors in Courts: judges, clerks and trial clerks.

The paper shows that in this understudied KIPO, judges fiercely resist the managerial logic that decades of reforms have been trying to impose. The recent introduction of an office for speeding up trials (Ufficio Per il Processo (UPP)) was initially opposed. Then, the resistance strategy changed, and judges started to benefit from UPP delegating repetitive and low-value tasks while retaining their core activities. Clerks approached the reform with a more positive attitude, seeing in UPP the mechanism to bridge the distance between them and the judges.

Considering their relevance to society, courts must be more addressed in KIPOs' studies. This paper allows the reader to enter such KIPO and understand its peculiar features. Secondly, the article helps to understand micropractices of resistance that may hinder the effectiveness of managerial reforms.

This research is very important to conduct to review government policy on Indonesian contract law that still uses contract law inherited from Dutch product (BW) and review which regulations are to be adapted to current development of contract law. This research’s novelty is that new rules will be found in Indonesian contract law.

This research used normative and empirical methods. Normative research is dogmatic research or one that analyzes legislation using secondary data consisting of primary, secondary and tertiary legal materials. Besides the normative method, the research was also conducted using empirical method through direct interview and observation in some government agencies, such as the Directorate General of Legislation, Ministry of Law and Human Rights (HAM) and Chairman of Legal Product Formation Division, House of People’s Representatives of the Republic of Indonesia and the Civil Law Teaching Association (APHK).

This research found that new Indonesian contract law is very important to give legal certainty and justice to the people, and the contract law must regulate important matters related to the sources of contract besides agreement and law, related to termination, unjust enrichment, negotiation, good faith, public contract and private contract and related to legal act and validity of electronic contract.

The novelty of this research is that new rules will be found in Indonesian contract law. This research is different from previous researches conducted by Sigit Irianto (2013) and Deviana Yuanitasari (2020), that discuss only on contract law development related only to the good faith principle.

Drafting contract law is a relatively heavy duty due to the factor of law pluralism that contains contract aspect in Indonesia such as customary law aspect, Islamic law aspect, regional aspect, international aspect and other aspects. In fact, meanwhile, there is rapid development in the community with regard to business transactions that are also followed with contract law development. Therefore, amendment is needed for the Indonesian contract law to adapt to the people’s need for law, and this change agenda is also addressed to updating the contract law.

Civil law reform, especially contract law, is deemed very important for Indonesia, because based on field fact, people do their business contract by applying contract law that is not yet regulated in the contract law in KUHPerdata; thus, new contract law is needed that regulates important matters related to sources other than agreement and law.

It is very important to conduct this research to review government policy in Indonesian contract law that still uses the contract law inherited from Dutch product (BW) and review what regulations should have been adjusted to current development of contract law. The novelty of this research is that new rules will be found in Indonesian contract law. This research is different from previous researches conducted by Sigit Irianto (2013) and Deviana Yuanitasari (2020), that discuss only on contract law development related only to the good faith principle.

This study aims to identify effective behaviors in labor-management negotiation (LMN) and, on that basis, derive overarching psychological principles of successful negotiation in this important context. These empirical findings are used to develop and test a comprehensive negotiation training program.

Twenty-seven practitioners from one of the world’s largest labor unions were interviewed to identify the requirements of effective LMN, resulting in 796 descriptions of single behaviors from 41 negotiation cases.

The analyses revealed 13 categories of behaviors critical to negotiation success. The findings highlight the pivotal role of the union negotiator by illustrating how they lead the negotiations with the other party while also ensuring that their own team and the workforce stand united. To provide guidance for effective LMN, six psychological principles were derived from these behavioral categories. The paper describes a six-day training program developed for LMN based on the empirical findings of this study and the related six principles.

This paper has three unique features: first, it examines the requirements for effective LMN based on a systematic needs assessment. Second, by teaching not only knowledge and skills but also general psychological principles of successful negotiation, the training intervention is aimed at promoting long-term behavioral change. Third, the research presents a comprehensive and empirically-based training program for LMN.

This paper aims to seek to and understand how civil conflict and international claims inform one another. Does the existence of ongoing civil and international conflicts affect how a government addresses an international claim? The paper builds on existing literature that link international and domestic conflict. However, it suggests that the logic behind civil conflicts may be different from that for international ones as states decide how to deal with any one claim.

The paper posits that states faced with domestic conflicts and additional international claims are more likely to seek to resolve an international claim than those without similar conflicts. It develops a series of hypotheses about the likelihood of claim escalation and peaceful settlement attempts and proceed to test them quantitatively using the Issue Correlates of War data combined with the uppsala conflict data program/peace research institute oslo Armed Conflict Data.

On the one hand, the paper finds support for the argument regarding the difficulty states are faced with when seeking to resolve multiple international claims. On the other hand, it finds that the presence of civil conflicts incentivizes states to resolve international claims either by force or peacefully, suggesting internal violence can both lead to diversionary behavior and attempts at conflict resolution.

The findings have important implications for work considering the complexity of domestic and international conflict linkages.

While many studies of claim militarization and peaceful attempts focus on dyadic and international characteristics, this paper creates a more nuanced understanding of the complexities of this foreign policy decision process.

Delay and disruption claims involve a complex process that often result in disputes, unnecessary expenses and time loss on construction projects. This study aims to review and synthesize the contributions of previous research undertaken in this area and propose future directions for improving the process of delay and disruption claims.

This study adopted a holistic systematic review of literature following Preferred Reporting Items for Systematic Reviews and Meta-Analysis guidelines. A total of 230 articles were shortlisted related to delay and disruption claims in construction using Scopus and Web of Science databases.

Six research themes were identified and critically reviewed including delay analysis, disruption analysis, claim management, contract administration, dispute resolution and delay and disruption information and records. The systematic review showed that there is a dearth of research on managing the wide-ranging information required for delay and disruption claims, ensuring the transparency and uniformity in delay and disruption claims’ information and adopting an end-user’s centred research approach for resolving the problems in the process of delay and disruption claims.

Complexities in delay and disruption claims are real-world problems faced by industry practitioners. The findings will help the research community and industry practitioners to prioritize their energies toward information management of delay and disruption claims.

This study contributes to the body of knowledge in delay and disruption claims by identifying the need for conducting more research on its information requirements and management. Subsequently, it provides an insight on the use of modern technologies such as drones, building information modeling, radio frequency identifiers, blockchain, Bigdata and machine learning, as tools for more structured and efficient attainment of required information in a transparent and consistent manner. It also recommends greater use of design science research approach for delay and disruption claims. This will help to ensure delay and disruption claims are the least complex and less dispute-prone process.