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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.

This paper aims to highlight resolution of Islamic finance dispute by common law-oriented courts in Nigeria with respect to Sharīʿah non-compliance and legal risks thereof, as well as the lesson to learn from Malaysia in that regard. This is with view to ensuring Sharīʿah compliance and legal safety of Islamic finance practice as prerequisites for sustainability of the Nigerian Islamic finance industry.

A qualitative method was used; interviews were conducted with different categories of experts and primary data collected in relation to Sharīʿah non-compliance and legal risks in adjudicating Islamic finance dispute by civil courts and the role of expert advice as basis for court referral to Financial Regulation Advisory Council of Experts. A doctrinal approach was adopted to analyse relevant legislative provisions and content analysis of secondary data relevant to applicable provisions in matters of finance before civil courts.

The paper discovers an indispensable role of conventional financial regulations in sustaining Islamic finance industry. Appropriate laws for Islamic finance under the conventional framework foster legal safety and Sharīʿah compliance of Islamic finance activities in related cases handled by courts. Nigeria civil courts can aid sustainability of Islamic finance when so equipped and enabled by laws that address apparent Sharīʿah non-compliance and legal risks in judicial dispute resolution. Inadequate legal provisions for dispute resolution breeds Sharīʿah non-compliance and legal risks in Islamic finance, undermine its prospects and stand inimical to its sustainability.

This research is limited by its focus on Sharīʿah non-compliance and legal risks alone, which emanate mainly from judicial resolution of Islamic finance dispute by Nigerian civil courts.

This research seeks to motivate a determined and deliberate regulatory action and change in approach towards addressing apparent risks associated with Islamic finance while resolving disputes therein by civil courts. It has implications on common law jurisdictions generally that adopt similar approach as Nigeria's while introducing Islamic finance into their conventional finance framework.

Dispute resolution and other regulatory functions of civil courts are important to Islamic finance though apparently overlooked while introducing Islamic finance in Nigeria as in other emerging jurisdictions. This research ascertains the role of the civil courts as indispensable for Islamic Financial Institution (IFIs) operations and demonstrates that such courts are needed for the development and sustainability of Islamic finance industry. The research demonstrates the end-to-end requirement of Sharīʿah compliance of Islamic financial transactions as absolute and needs be ensured and guarded at dispute resolution level by properly equipped courts.

The purpose of this paper is to present a theoretical framework for assessing the effects representatives have on their client's perceptions of justice, outcome and satisfaction, as well as the treatment received by clients from other stakeholders, in workplace dispute resolution processes.

Research propositions are advanced based on constructs and theories drawn from the literature on organizational justice, in particular, as well as social psychology in general.

Representatives are hypothesized to have a profound effect on their client's perceptions of voice, participation and satisfaction as well as on the treatment accorded the client by the other side and third‐party neutral. Representation, per se, is heralded as neither a positive nor a negative force in workplace dispute resolution processes.

The framework of a representative's effects is limited by a focus on individual employees who pursue disputes arising out of the employment relationship against management and, therefore, excludes disputes involving groups as well as non‐employment related disputes.

Suggestions for expanding or contracting the role of representatives in workplace dispute resolution are discussed.

Although it is ubiquitous in US jurisprudence and is a growing presence in alternative dispute resolution, the representative‐client dyad has been unexplored. The impact representatives have on the client's perceptions of justice, and the effects representatives have on other stakeholders in the process, bear scrutiny.

The purpose of this paper is to review the literature on Islamic finance vis-à-vis legal and Sharīʿah non-compliance risks in its transactions and judicial dispute resolution in Nigeria. This is with a view to putting forward direction for future studies on the duo of legal and Sharīʿah non-compliance risks and their impact in Islamic finance.

This review is designed as an exploratory study and qualitative methodology is used in examining relevant literature comprising of primary and secondary data while identifying legal risk and Sharīʿah non-compliance risks of Nigeria’s Islamic finance industry. Using the doctrinal approach together with content analysis, relevant Nigerian laws and judicial precedents applicable to Islamic finance practice and related publications were examined in determining the identified risks.

Undeveloped laws, the uncertainty of Sharīʿah governance and enforceability issues are identified as legal gaps for Islamic finance under the Nigerian legal system. The gaps are inimical to and undermine investor confidence in Nigeria’s Islamic finance industry. The review reveals the necessity of tailor-made Sharīʿah-based regulations in addition to corresponding governance and oversight for a legally safe and Sharīʿah-compliant Islamic finance practice. It brings to light the imperative for mitigating the legal and Sharīʿah non-compliance risks associated with Islamic finance operations as crucial for Islamic finance businesses, Islamic finance institutions and their sustainable development.

Based on content analysis, the review is wholly doctrinal and does not involve empirical data. Legal safety and Sharīʿah compliance are not to be compromised in Islamic finance operations. The review would assist relevant regulators and investors in Islamic financial enterprises to understand and determine the impact and potential ramifications of legal safety and Sharīʿah non-compliance on Islamic Finance Institutions.

This study provides an insight into the dimensions and ramifications of legal and Sharīʿah non-compliance risks of Nigeria’s Islamic finance industry. This study is premised on the imperative for research studies whose outcome would inform regulations that strike a balance between establishing Islamic financial institution/business and ensuring legal certainty and Sharīʿah compliance of their operations. This study paves way for this kind of research studies.

The findings and discussions provide a guide for regulators and researchers on the identification and mitigation of legal and Sharīʿah non-compliance risks in Islamic finance via a literature review. This study, the first of its kind in Nigeria, advances the idea that research into legal and Sharīʿah non-compliance risks of Islamic financial entities is key to mitigating the risks and fostering the entities and their businesses.

The purpose of this paper is to examine the post-enactment status of China’s Labour Contract Law and Labour Dispute Mediation and Arbitration Law, focusing on the dramatic rise in remuneration litigation amidst much criticism of weak or ineffective implementation of these laws.

This paper deploys both quantitative and qualitative analysis methods to investigate the features of remuneration litigation. Remuneration judgments by Beijing People’s Courts from 1 January 2014 to 31 December 2017 provide the primary empirical data. The intrinsic features of remuneration disputes are investigated to delineate subcategories of claims. Several judges were also interviewed to further explore the nature of remuneration disputes.

Four types of remuneration claims were identified: regular wage, minimum wage, overtime and others (including subsidies and welfare). Examination of these four types, especially how they are processed until concluded by court adjudication, provides a fuller picture of the post-enactment status of these laws and yields objective and rational findings. To explain the continuing steady rise in the volume of remuneration claims, as more workers have knowledge of their rights and access to the courts, this study identifies an increase in the number of factually complicated cases (e.g. overtime claims) and abmiguity in the relevant law, leaving some remuneration disputes difficult, if not impossible, to adjudicate. Conversely, the study also finds significant positive trends following these laws’ enactment, particularly a reduction in straightforward cases, such as disputes concerning non-payment of wages/minimum wages, on which the law is clear. It is evidently imperative to improve the clarity of the current laws through further legislation, as the most appropriate next step in China’s juridification process of developing its own rule of Labour Law.

This study is purposely limited to examining remuneration litigation in Beijing’s courts from 2014 to 2017, which is representative of the national trend of dramatically rising remuneration disputes, and thus provides valuable insights. Future studies should cover a wider geographic territory and other categories of labour disputes to provide an even more comprehensive picture of the challenges and potential solutions.

By understanding the driving factors of rising labour remuneration disputes, the legislature, workers and employers can act accordingly to curb labour conflicts. The growing complexity and technicality of remuneration litigation indicates that the pressing need of labour juridification is to deploy a subtle, comprehensive method to improve legal clarity and judicial professionalism.

This study uniquely divides the types of remuneration litigation in Beijing, adopting methods and yielding findings absent from the prior literature. Both the progress and challenges in China’s rule of Labour Law process are reflected in this work, together with public policy and theoretical implications for further study.

This paper describes the experiences and the contentious issues on eight existing PPAs in Nepal with varying type of investment, the key areas where IPPs are treated fairly and the areas where IPPs are discriminated against by the clauses are highlighted. Power Purchase Agreements on IPPs in Nepal are of three types: with foreign investment, local investment and investment in JV with the Utility. A critical issue in designing power purchase agreements is to create a level playing field for the players to secure successful and sustainable IPPs and PPAs. To create this environment, discriminatory clauses or unequal treatment to IPPs in the key issues of the PPAs should be avoided; the key issues being power purchase guarantees, force majeure guarantees, financial and foreign exchange guarantees, operation guarantees, and guarantees concerning insurance and dispute resolution. The analysis shows that discriminatory clauses and unequal treatment are present in the key issues of the agreements.

Adversarial contracting methods are used for most public infrastructure procurement and timely delivery on budget remains a problem. In the past 20 years, OECD countries have adopted a number of alternative procurement methods that are based on collaborative principles including public private partnerships, long-term outsourcing arrangements and relationship/alliance contracts. We review the theoretical principles that operate for both adversarial and collaborative contracting methods. We identify the characteristics of non-adversarial contracting methods such as the output specification, qualitative selection criteria, the alignment of incentives, discrete allocation of residual control rights, life cycle costing, and risk-weighted value for money measurement that are delivering better procurement outcomes for government.

The purpose of this paper is to propose a disruption claim management (DCM) life cycle and a risk management framework to provide comprehensive guidance to construction practitioners for facilitating effective and efficient DCM.

DCM life cycle was initially developed through a focus group discussion (FGD) with the participation of the construction practitioners who have diverse experiences about DCM. The life cycle is comprised of 6 phases and also includes proper reactions of the owners and contractors. Then, 42 risk factors that can impact the deliverables of DCM were identified through a literature review and an additional FGD session. This was then followed by a Fuzzy Analytical Hierarchy Process (FAHP) which was performed to evaluate the importance of each risk factor in terms of the factor's impact on the success of DCM. Additionally, consistency analysis was performed to further maximize the reliability of the results.

Findings revealed that a proactive and systematic approach should be adopted and DCM practices should be initiated before any disruption event is triggered. Accordingly, the proposed framework recommends DCM practices to be initiated early in the contract development phase since compensation for the disruption might be recovered only to the extent that the contract permits. The contract-related risks were given top priority by the experts so that the results of the fuzzy AHP analysis also verified the significance of the contract development phase. Besides contract-related risks, risks related to insufficient site observation, ignorance of the project team, cognitive bias and conflict of interest were determined as the most significant DCM risks, needing an urgent and sophisticated risk response plan. Lastly, results suggested that “Site observation and record-keeping” is the most formidable phase since the phase's implementation on a continuous basis could create unforeseen organizational challenges such as mismanagement of project records, especially in the dynamic and turbulent environment of the construction projects.

Disruption – which is caused mostly by change – is inevitable in construction projects due to their sophisticated nature. DCM, therefore, becomes crucial to compensate losses of contractors and eliminate or diminish the prolonged dispute resolution process. Existing studies, however, do not provide a comprehensive theoretical basis for the DCM life cycle and DCM life cycle's potential risks so that DCM life cycle's promising benefits can hardly be materialized. Thus, developing a DCM life cycle and associating DCM life cycle with risk management, this study is highly believed to make a promising theoretical contribution to the DCM domain since this is one of the earliest attempts in the literature. Additionally, this research provides construction practitioners with an insight into the effective implementation of DCM practices in construction projects.

In this article, we use the case of religious research universities to explore the presence of multiple institutional logics with the potential for contradiction and conflict. In particular, building on existing research on conflicting institutional logics, we assess the most common forms of resolution (replacement, dominant logic, decoupling, compartmentalization, and coexistence) and identify the potential for a new form of resolution – a transformative outcome that resolves the conflicts through adoption of a superordinate logic. Drawing on the history of Baylor University, we illustrate different forms of resolution, proposing its most recent efforts may represent a transformative outcome. We close by presenting a model for resolving institutional contradictions which suggest some resolutions may trigger cycles of institutionalization and deinstitutionalization when they are inherently unstable because they mitigate rather than resolve the conflict between institutional logics.