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