This paper presents a novel ‘legal process’ analysis to examine labour market institutions' role in addressing violations of migrants' labour rights in Indonesia. Examining 92 labour disputes and conducting qualitative interviews with stakeholders, the study explores Indonesia's primary...

This article investigates the significance of judicial review of arbitration awards for the continued efficiency and credibility of the arbitration system. It delves into why "judicial intervention" is so necessary for countries whose legislation and seat have been adopted since this guarantees...

Courts do not enforce contracts prohibiting a party from filing for bankruptcy, but what about contracts requiring that any bankruptcy filing and ensuing case be in arbitration rather than in court? This article is the first to envision unanimous arbitration agreements among all the parties to a...

Despite local instances of single arbitrators’ corruption not having proven completely absent from arbitration chronicles over the last decades, one may safely argue that until very recently, no scandal had ever been severe enough to shake the foundations of arbitration communities on a...

In the common law legal system, the main sources of law are habits that live in society as a legal culture, as well as agreements that have been agreed upon by the parties. Meanwhile, in the civil law legal system, the regulations set by the government are the main source of law. There are two...

The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system which is currently existing in Germany. To answer this question three essential characteristics of the current German patent litigation system are presented, i.e. the economic...

This paper attempts to appraise the use of alternative dispute resolution as a panacea to protracted election disputes in Nigeria. The hallmark of democracy in any given society is the conduct of free and fair elections. However, in almost every election, disputes are bound to occur and it is...

COVID-19 has been a crisis unexpected in scale and nature. It has changed many assumptions that we have about life and work. It has also forced drastic behavioural changes. Dispute lawyers everywhere are not spared. To a large extent, technology and the internet avoided a complete collapse in...

In recent years, advancements in blockchain as well as virtual and augmented reality technologies have led to the emergence of digital environments, commonly referred to as the “metaverse”. These virtual worlds offer users unprecedented ways to interact and conduct business, such as the use...

Mass arbitration has sent shock waves through the civil justice system and unnerved the defense bar. To see how quickly and dramatically this phenomenon has entered both the civil justice landscape and the public discourse, one need look no further than the January 2023 filings of hundreds of...