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An essay on pros and cons of arbitration
An essay on pros and cons of arbitration
Strengths of the tribunal system
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A settlement of disputes is not easy process as it seems. Since the time of Ancient Greece and Roman Empire, people had different methods of solution for conflicts. The certain part of them was cruel, barbaric, and inhumane. For instance, George Neilson (1858 – 1923), who is legal historian, explains the origin, meaning, and process of judicial duel in his book. It was a method, in which two parties in dispute had to fight in a single combat. Subsequently, the winner of this fight is declared to be right. Going back to the methods, it can be inferred that there were not only coarse solutions, but also tactful, considerate, and diplomatic ways too. Likewise, the institution similar to court was taking part in these processes. As a rule, this kind of settlements required presence of a third neutral party, some negotiations, and making of concessions. The foregoing shows that human being can take advantage of various methods for settlement of conflicts.
Today, judicial processes are highly popular in all spheres, where human interacts with another individual. People have to choose the way and the type of court with regard to solution of problems. It should be mentioned that these procedures cost a lot. Moreover, they take away a lot of time from both the plaintiff and the defendant. The problem is that the legal systems of the whole world have a complicated structure with specialized organs, institutions, and units. For instance, the person was knocked down by a car, wherein there was no any violation of traffic rules by the victim. The injured wants to appeal to constitutional court, but he cannot because it is not their jurisprudence. In this case the victim should appeal to district court, or take advantage of another way to set...
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...rbitration Guide, http://www.lawschool.cornell.edu/library/WhatWeDo/ResearchGuides/International-Commercial-Arbitration.cfm
13. George Franklin Edmunds, International Arbitratian, pp. 321. http://ldb.auca.kg:2060/stable/983659
14. The Federal Judicial Center, International Commercial Arbitration: A Guide for U.S. Judges, pp. 1, http://www.fjc.gov/public/pdf.nsf/lookup/strongarbit.pdf/$file/strongarbit.pdf
15. First Options v. Kaplan, http://www.oyez.org/cases/1990-1999/1994/1994_94_560
16. Eurasianet.org, Kyrgyzstan: At Kumtor Mine, “No Light at the End of the Tunnel”, http://www.eurasianet.org/node/67765
17. Mining Journal, Publishing Date 17 Dec 2013 12:53pm GMT. http://www.mining-journal.com/production-and-markets/centerra-mulls-arbitration-in-kyrgyzstan-gold-dispute
18. Mine Web, http://www.mineweb.com/mineweb/content/en/mineweb-fast-news?oid=221909&sn=Detail
Scientific Jurisprudence. Fifteen centuries ago the Roman Empire had collapsed. In many places there was no law and no courts. Whenever two individuals had a dispute, they had to work it out on their own. Before scientific law, disputes often led to mayhem, brawls, or worse.
In addition to this, the analysis of law was not considered thoroughly during judicial decisions. Therefore, the court uses backward reasoning where it uses the expected results it wants to deduce to make decisions. Such activities in the justice department have a lot of impediments to the impartiality of judicial system. The rights of the criminal in many instances are affected by the use of such methods to deliver justice. According to Marshall, the legal analysis used to determine the outcome of the courts has reduced since the changes in the judicial system. The rights of the individuals have significantly reduced with the changes in the court system because only the nine judges are privy to the outcome of the court proceedings; they are also not liable to the questions that may be raised about the legality of their
He explains that when a conflict arises, we are less capable to take on the situation and are more likely to hand it off to authorities. He then comes to the conclusion of how they are overlooked, in terms of importance, and that individuals own their conflicts as one would own property. Furthermore, he justifies that these properties are stolen by law, therefore, no longer owned by individuals. Christie urges the need to eliminate ‘professionals’ from the sphere of conflict resolution in order to prevent the theft of conflicts. He explains his perspective of “conflict as property” as not relating to material compensation but rather to the ownership of conflict itself. He then recognizes the effects of victim losing the “property” originally, and puts forth a fix for this process. He introduces a way to remodel the justice system for dealing with conflicts in which the court is victim
Macintyre, S. (1987), Holt and the Establishment of Arbitration: An Australian Perspective, New Zealand Journal of Industrial Relations, 12(3): 151-159.
6-9. When the litigants settle their case by compromise, let the magistrate announce it. If they do not compromise, let them state each his own side of the case, in the comitium of the forum before noon. Afterwards let them talk it out together, while both are present. After noon, in case either party has failed to appear, let the magistrate pronounce judgment in favor of the one who is present. If both are present the trial may last until sunset but no later.
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
M. E. McGuinness (Eds.), Words Over War: Mediation and Arbitration to Prevent Deadly Conflict (pp. 293-320). New York: Rowman and Littlefield Publishers, Inc.
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
All the employees of an organization have the right to work in an environment that is inclusive, free from discrimination, and respectful (Zhu, Yin, Liu, & Lai, 2014). It is the responsibility of an employee to carry out the duties of his or her position, to treat workers and customers with respect, not to participate in any discriminatory behavior, to inform the manager of any discriminatory behavior, and to comply with the laws/rules/policies/regulations of the workplace. In terms of due process, the employees have the responsibility of giving notices and the right of receiving notices. An employee can be complained against and can complain as well. An employee can be appealed against if not satisfied and has the right to appeal if not satisfied.
ADR holds an extensive, easily influenced and diverging choice of processes for finding solutions to disputes which are personified by structured negotiation and consensus. It is regarded that arbitration is a familiar ADR technique, however, it is more of an official adjudicative and adversary technique initially a confidential litigation process which has more commonality to litigation than the more original consensual processes which symbolise ADR. As simplified by Angyal (Alternative Dispute Resolution, 1987, p. 11). "The key difference between ADR and those traditional techniques of litigation and arbitration is that ADR techniques are used to produce a resolution to dispute through a negotiated agreement while litigation and arbitration are processes by which a result is imposed on the parties. " We can say that many issues arise with terms.
Part of the grounds for arguing in favor of the common law system over the codified system is its characteristically equitable qualities. Since antecedents are pursued in all cases, everyone gets the same treatment. This same legal procedure is administered to everyone in spite of their position or creed. Therefore, this system of going by antecedents which had hitherto been set usually leads to equity and fairness. This system of law also has the advantage over the codified system by offering protection to persons via the law of tort.
With in this courtroom observation paper I will form two articles and classroom knowledge to show the relevance they play within courts today. First, local legal culture, in "court culture" concept is based on dimensions of solidarity and sociability, the intersections of which create four cultures with associated case management types: hierarchical culture (rule-oriented case management); networked culture (judicial consensus); autonomous culture (self-managing); and communal (flexible case management). The second being, court guidelines and the sentencing structure, how’s it work, and why out comes different areas that defer from Kalamazoo and Southwest Michigan as a hole.
(2) An award on agreed terms shall be made in accordance with the provisions of article 31 and shall state that it is an award. Such an award has the same status and effect as any other award on the merits of the case.” The arbitral tribunal may be told of the settlement by one of the parties alone, especially if the settlement has been recorded in a contract. Upon learning of the settlement, and being convinced that it had really taken place, the arbitral tribunal is called upon to terminate the proceedings, by which is meant the entire arbitration. It would be rare that a tribunal would do so without having received assurances from both or all the parties that the settlement had truly been agreed upon (unictad.org).
Gies, T. P., & Bagley, A. W. (2013). Mandatory arbitration of employment disputes: What's new and what's next?. Employee Relations Law Journal, 39(3), 22-33.
‘A dispute is a problem to be solved, together, rather than a combat to be won.’