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1 – 10 of over 11000
Article
Publication date: 1 January 1975

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis…

Abstract

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis rather than as a monthly routine affair.

Details

Managerial Law, vol. 18 no. 1
Type: Research Article
ISSN: 0309-0558

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…

9542

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 August 1996

Sid Kessler and Gill Palmer

Examines the history of the Commission on Industrial Relations (CIR) 1969‐74 ‐ its origins, organization and policies ‐ and then evaluates its contribution as an agent of reform…

1358

Abstract

Examines the history of the Commission on Industrial Relations (CIR) 1969‐74 ‐ its origins, organization and policies ‐ and then evaluates its contribution as an agent of reform in the context of the perceived problems of the 1960s and 1970s. Considers whether there are any lessons to be learnt for the future given the possibility of a Labour Government, developments in Europe and the 1995 TUC policy document Your Voice at Work. Despite the drastic changes in industrial relations and in the economic, political and social environment, the answer is in the affirmative. In particular, the importance of a new third‐party agency having an independent governing body like the CIR and not a representative body like the Advisory, Conciliation and Arbitration Service (ACAS); in its workflow not being controlled by government; and in its decisions on recognition being legally enforceable.

Details

Employee Relations, vol. 18 no. 4
Type: Research Article
ISSN: 0142-5455

Keywords

Article
Publication date: 1 June 2002

Polonca Koncar

Outlines the present system of labour and social disputes settlement in Slovenia. Looks at the construction of the courts, precedural aspects and the areas which they govern…

Abstract

Outlines the present system of labour and social disputes settlement in Slovenia. Looks at the construction of the courts, precedural aspects and the areas which they govern. Provides some suggestions for improvement and change. Considers alternative methods of dispute settlement and the impact of the European convention on Human Rights.

Details

Managerial Law, vol. 44 no. 3
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 1 March 1993

Robert S. Peirce and Dean G. Pruitt

This research concerned preference and choice among six procedures commonly used to resolve disputes. Two experiments revealed that, compared to complainants, respondents liked…

Abstract

This research concerned preference and choice among six procedures commonly used to resolve disputes. Two experiments revealed that, compared to complainants, respondents liked inaction and disliked arbitration. However, the most striking findings concerned general preferences among the procedures: consensual procedures (negotiation, mediation, and advisory‐arbitration) were best liked, followed by arbitration, with inaction and struggle least liked. Further analysis suggested that perceptions of self‐interest and societal norms underlie these procedural preferences, with the latter perceptions apparently more important. An examination of choices among the procedures revealed that negotiation was by far the most common first choice of action. If negotiation failed to resolve the conflict, the following escalative sequence of actions was typically endorsed: mediation, then advisory arbitration, then arbitration, and finally struggle.

Details

International Journal of Conflict Management, vol. 4 no. 3
Type: Research Article
ISSN: 1044-4068

Article
Publication date: 17 March 2023

Veltrice Tan

This paper aims to determine whether a connection can be formed between corruption, plea-bargaining and civil alternative dispute resolution.

Abstract

Purpose

This paper aims to determine whether a connection can be formed between corruption, plea-bargaining and civil alternative dispute resolution.

Design/methodology/approach

Academic articles and textbooks are examined as are relevant reports by various academic institutions.

Findings

Despite the similarities between plea-bargaining and civil alternative dispute resolution, the differences between the two overwhelmingly supersede their similarities. As such, there is unlikely to be an interplay between corruption, criminal plea-bargaining and civil alternative dispute resolution.

Research limitations/implications

There are limited data available in relation to the prevalence of corruption activities by Chinese officials within the Belt and Road Initiative. Any discussions within this study is based on the impressionistic observations of the author, which may not reflect the true state of affairs in China.

Practical implications

Those who are interested in examining the relationship between the criminal plea-bargaining and civil alternative dispute resolution will have an interest in this topic.

Originality/value

The value of the paper is to demonstrate the difficulties in cross-fertilizing criminal law procedures with civil dispute resolution.

Details

Journal of Financial Crime, vol. 30 no. 3
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 5 December 2016

Youngmin Kwon

The purpose of this paper is to investigate differences among member groups, with more detailed division of groups than the existing literatures, during the WTO’s dispute…

Abstract

Purpose

The purpose of this paper is to investigate differences among member groups, with more detailed division of groups than the existing literatures, during the WTO’s dispute settlement procedures.

Design/methodology/approach

Trade disputes requested through the WTO’s DSU regimes up until 2011 were statistically described and analyzed using logit regression models.

Findings

Despite capacity gaps, developing nations have encountered stronger legal challenges from the US and, although without much capacity gaps, similar patterns of litigation rivalries between the US and other advanced countries, with the exception of the EU, have been also found during dispute settlements in the WTO regimes.

Research limitations/implications

Although the DSU procedures themselves might not be biased for/against certain member groups, there has been some evidence of the struggles of weaker opponent groups of the US during the actual litigation processes.

Originality/value

Power dominances of the US against developing nations as well as developed nations, other than the EU, have been neglected in many previous researches on the topic with a simple developed-developing dichotomy classification.

Details

Journal of Korea Trade, vol. 20 no. 4
Type: Research Article
ISSN: 1229-828X

Keywords

Open Access
Article
Publication date: 31 August 2015

Won-Mog Choi

The Korea-China-Japan Investment Promotion, Facilitation and Protection Agreement is the first treaty in the economic field that binds the three Northeast Asian countries together…

Abstract

The Korea-China-Japan Investment Promotion, Facilitation and Protection Agreement is the first treaty in the economic field that binds the three Northeast Asian countries together under a single legal instrument. The existence of effective dispute-settlement procedures under the treaty will contribute to the creation of a favourable investment climate in the host country. Nevertheless, there have been fears about frivolous or vexatious claims that could inhibit legitimate regulatory actions by governments. How to compose an investment chapter of the Korea-China-Japan FTA that is being negotiated is a pressing demand for all in the region. Any pertinent answers to such a quest require a thorough comparison of the benefits and drawbacks of any development of relevant rules and governance. In the end, a quest for better international investment governance in Northeast Asia in the future requires sound evaluation of lessons from the past and present.

Article
Publication date: 1 March 1984

J.R. Carby‐Hall

The discussion on the incorporation of the collective agreement into the individual contract of employment has treated so far direct incorporation and its various facets, implied…

Abstract

The discussion on the incorporation of the collective agreement into the individual contract of employment has treated so far direct incorporation and its various facets, implied and express incorporation, the multiplicity within the hierarchy of individual agreements, what may or may not be incorporated, and so on.

Details

Managerial Law, vol. 26 no. 3
Type: Research Article
ISSN: 0309-0558

Open Access
Article
Publication date: 14 October 2022

Aaron C.K. Lau

This paper aims to provide insight into mediation as an Alternative Dispute Resolution (ADR) to resolve interpersonal conflicts for undergraduate students in Hong Kong.

1828

Abstract

Purpose

This paper aims to provide insight into mediation as an Alternative Dispute Resolution (ADR) to resolve interpersonal conflicts for undergraduate students in Hong Kong.

Design/methodology/approach

Mixed methods research approach was utilised to examine university students' understanding of dispute resolution at their respective universities in Hong Kong, and factors that may influence their decision to utilize ADR on campus.

Findings

The tendency for university students in Hong Kong to voice criticisms was low due to: (1) unawareness of proper grievance channels; and (2) fear of potential academic retribution from the institution. This may be the result of inadequate promotion and transparency in the existing higher education dispute resolution framework. Academic staff acknowledged the limitation of the existing closed-door dispute resolution system and the need for an alternative conflict management system which emphasises on restoration of harmony in the university community.

Originality/value

As there is a lack of study focusing on ADR practices in Hong Kong universities, this paper provides insight into the feasibility of integrating ADR into the existing dispute resolution processes in resolving interpersonal conflicts at universities in Hong Kong.

Details

Public Administration and Policy, vol. 25 no. 3
Type: Research Article
ISSN: 1727-2645

Keywords

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