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Article
Publication date: 1 April 2004

Georgios I. Zekos

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…

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Abstract

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

Details

Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 1 October 2005

Darlington C. Richards and Sonny Nwankwo

Purpose: This paper discusses some of the contending issues in the legal environment of business in Sub‐Saharan Africa (SSA) as they relate to Foreign Direct Investment (FDI)…

1440

Abstract

Purpose: This paper discusses some of the contending issues in the legal environment of business in Sub‐Saharan Africa (SSA) as they relate to Foreign Direct Investment (FDI). Given that ‘fear of national laws’ has been consistently cited as a major factor inhibiting foreign investments in the region, this paper argues that ‘arbitration/alternative dispute resolution’ (A/ADR) offers a strategically complementary adjudicative system to mitigate this adverse perception. Design/methodology/approach: Based on a synthesis of the literature, the paper, first, outlines the emerging A/ADR‐driven trends in global business. From this premise, it focuses the market transition challenges facing SSA and identifies the disparate regional legal systems, with their backgrounds and origins in common, civil and Islamic laws, as primary issues of concern. Findings: Apart from lacking uniformity in application, the legal strictures have made the resolution of legal and contractual obligations much more cumbersome and expensive, thereby discouraging significant FDI flow to SSA. Research limitations/implications: The need to secure the confidence of investors by reforming the law and the adjudication process appears compelling. However, the socio‐cultural considerations that should naturally embed effective arbitral protocols are not addressed in this paper. Originality/value: A/ADR mechanism is not presently a key feature in the legal environment of business in SSA. However, it is likely to prove a more functional adjudication process than the procedural formalities of litigation. By its characterization, this approach promotes the creative implementation of a “home‐grown” frame work for commercial dispute resolution, thus avoiding the drudgeries of litigation but at the same time providing the needed catalysts for enabling FDI.

Book part
Publication date: 19 November 2019

Michael D. Maffie

With the rise of employer-promulgated mandatory employment arbitration, scholars have become concerned that these policies may reduce the economic viability of lower value…

Abstract

With the rise of employer-promulgated mandatory employment arbitration, scholars have become concerned that these policies may reduce the economic viability of lower value employment claims. Of particular worry are claims made under the Fair Labor Standards Act since the FLSA does not include punitive damages. This study empirically tests the relationship between 368 Fortune 1000 companies’ employment arbitration policies and their wage and hour violations discovered during the Department of Labor inspections. Surprisingly, firms that used arbitration were found to have fewer violations and lower back wages for those violation compared to firms that did not use arbitration. This suggests that viewing arbitration merely as a cost-reduction tool may cast the practice too narrowly and instead it may be part of a larger conflict management system that seeks to address conflict at the earliest possible stage.

Book part
Publication date: 19 July 2016

Mark D. Gough

This chapter investigates attributes of an unexplored actor in the contemporary industrial relations system – plaintiff-side employment attorneys – and the premise that pre-dispute

Abstract

Purpose

This chapter investigates attributes of an unexplored actor in the contemporary industrial relations system – plaintiff-side employment attorneys – and the premise that pre-dispute mandatory employment arbitration expands employee access to justice.

Methodology/approach

It presents data from a novel survey of 1,256 employment plaintiff attorneys and the universe of employment disputes administered by the five largest arbitration providers in the United States.

Findings

I report multiple measures indicating employment lawyers hold negative views of arbitration and that arbitration acts as a barrier to employee access to justice: A majority of attorneys say employment arbitration clauses have a positive impact on their willingness to reject a case for representation and a negative impact on their willingness to accept a client under a contingency-fee arrangement, and report negative perceptions of the fairness of outcomes and the adequacy of due process protections in arbitration relative to litigation. Furthermore, attorneys report accepting potential clients covered by arbitration agreements at half the rate of potential clients able to sue in court. Finally, arbitration and litigation filing statistics reveal no evidence that low-income or low-value claimants or claims are accessing the arbitration forum.

Originality/value

Novel data compiled here illuminate the institutional characteristics of plaintiff-side employment lawyers and the arbitration forum. They question the assertion that arbitration is an accessible dispute resolution forum for employment disputes relative to civil litigation.

Details

Managing and Resolving Workplace Conflict
Type: Book
ISBN: 978-1-78635-060-2

Keywords

Article
Publication date: 1 September 2005

Duncan Reid‐Thomas and Richard Phillips

The UK has in recent years seen considerable growth of facilities management (FM) outsourcing across a range of industries. This paper considers the legal problems and risks…

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Abstract

The UK has in recent years seen considerable growth of facilities management (FM) outsourcing across a range of industries. This paper considers the legal problems and risks inherent in FM outsourcing. It also suggests ways to facilitate the transactional negotiating process and discusses the methods by which business and legal risks can be fairly apportioned (between the user and the provider), how to ensure good contract management and, importantly, managing risks on contract termination and exit. The paper is relevant to both users and providers in terms of best negotiating practice and risk management. From a legal perspective, both the UK (and the European Union) are more highly regulated jurisdictions for FM deals than are the US and Canadian markets, and this paper focuses on UK (and European) issues. Cross‐border legal issues are also considered.

Details

Journal of Facilities Management, vol. 3 no. 3
Type: Research Article
ISSN: 1472-5967

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Article
Publication date: 12 October 2018

Andrea Caputo, Giacomo Marzi, Jane Maley and Mario Silic

The purpose of this study is to map the intellectual structure of conflict management studies by investigating the key themes, concepts and their relationships for the period…

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Abstract

Purpose

The purpose of this study is to map the intellectual structure of conflict management studies by investigating the key themes, concepts and their relationships for the period 2007-2017. The study updates the previous decade (1997-2006) investigation by Ma et al. (2008) to reflect the increased publication efforts in the field.

Design/methodology/approach

Bibliometric analysis was used to trace the development path of the extant literature. The study included activity indicators such as distribution of articles and most-cited journals; relationship indicators such as co-author analysis and keyword analysis; and the mapping of the theoretical foundations.

Findings

The analysis identified five key themes that help track the direction of conflict management research: negotiation, mediation, trust, conflict management styles and performance.

Originality/value

These themes show a wider diversification of topics in the field than in the past, corroborating previous results about the reputation and maturity of conflict management as an independent scientific field of research. This study will help scholars to improve their understanding of the evolution of conflict management studies and the direction that conflict management research is taking, in particular, identifying available avenues for future research.

Details

International Journal of Conflict Management, vol. 30 no. 1
Type: Research Article
ISSN: 1044-4068

Keywords

Article
Publication date: 1 January 2001

Susan Curtis and Dennis Wright

Outlines the make‐up and role of ACAS. Considers the different areas of their work i.e. collective conciliation, advisory services, individual conciliation, and promotion work…

Abstract

Outlines the make‐up and role of ACAS. Considers the different areas of their work i.e. collective conciliation, advisory services, individual conciliation, and promotion work. Discusses each in turn before speculating on the future for ACAS, suggesting that it needs to keep pace with the changing nature of work. Cites that the body is attempting an arbitration alternative to the legalistic employment tribunal.

Details

Management Research News, vol. 24 no. 1/2
Type: Research Article
ISSN: 0140-9174

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Article
Publication date: 1 April 2000

Georgios I. Zekos

Outlines the meaning of arbitration and the legal characteristics it possesses under Greek Law. Looks at the type of cases subject to arbitration, the arbitration agreement and…

Abstract

Outlines the meaning of arbitration and the legal characteristics it possesses under Greek Law. Looks at the type of cases subject to arbitration, the arbitration agreement and the use of the civil court. Compares the situation to US Law, again outlining the legal stance and covering areas such as the methods employed with the courts, conduct of the hearing, limitations of the arbitrator’s power and the judicial review of awards made. Concludes that both systems rely on the courts to make vital decisions and advocates a secondary system without such reliance.

Details

Managerial Law, vol. 42 no. 2
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 13 April 2012

Adnan Enshassi, Faisal Arain and Bassam Tayeh

Subcontractors play a significant role in the Palestinian construction industry as about 90 per cent of the work is performed by subcontractors. The main objective of this paper…

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Abstract

Purpose

Subcontractors play a significant role in the Palestinian construction industry as about 90 per cent of the work is performed by subcontractors. The main objective of this paper is to identify and analyse the major problems which exist between the contractors and subcontractors in the construction industry in the Gaza Strip.

Design/methodology/approach

A questionnaire was designed to elicit contractors' and subcontractors' viewpoints regarding the most important causes of problems that affect the relationship between them. A total of 53 problems were identified based on a literature review, a pilot study was considered in this study and was listed under five groups. A total of 150 questionnaires were randomly sent to contractors and subcontractors. The respondents had extensive experience in the construction industry with average working experience of 20 years. The questionnaire was validated by the criterion‐related reliability test that measures the correlation coefficients between the factors selected for in each group and for all groups as one entity, and structure validity test (Spearman test).

Findings

The result of the survey indicated that, assigning part of the works to new subcontractor without informing the original subcontractor, contractor's financial problems, delay in contract progress payments, non‐adherence to the conditions of the contract, non‐adherence of the subcontractor to the time schedule, and lack of construction quality work were the most important causes of interface problems, while involvement in several projects with the contractor at the same time, weather conditions, and geological problems on site were considered as trivial causes of potential interface problems. Spearman's rank correlation tests showed that there are no differences in the viewpoints between contractors and subcontractors.

Originality/value

The research findings might assist practitioners to focus on major problems which have existed between the contractors and subcontractors in the construction industry in their present and future projects. By eliminating or minimizing these problems, subcontractors are encouraged to contribute significantly to the capital risk, resources, managerial effort, and business expertise supporting the largest industry in Palestine. The paper would be valuable for all academics and industry professionals involved in construction business in general.

Details

Journal of Financial Management of Property and Construction, vol. 17 no. 1
Type: Research Article
ISSN: 1366-4387

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Article
Publication date: 1 December 1998

John Goodman, Jill Earnshaw, Mick Marchington and Robin Harrison

Summarises some findings from recent empirical research into the factors influencing the incidence of claims of unfair dismissal to industrial tribunals. Using a paired comparison…

10388

Abstract

Summarises some findings from recent empirical research into the factors influencing the incidence of claims of unfair dismissal to industrial tribunals. Using a paired comparison case study method it focuses, primarily, on small businesses and small establishments, seeking to explore significant variations. These include the presence or absence of written disciplinary procedures, their mode of operation, content and meaning, and management style and consistency. Qualitative insights include the prevalence of informal first approaches to perceived employee shortcomings and the influence of overall employee assessment in selective disciplinary action. Contrary to earlier research in small businesses it finds little principled management opposition or resentment to the introduction of written disciplinary procedures, with managers highlighting the assistance they give to them when taking disciplinary action.

Details

Employee Relations, vol. 20 no. 6
Type: Research Article
ISSN: 0142-5455

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