Disputes and conflict are inevitable and arise in every facet of business. While litigation is often unavoidable, Alternative Dispute Resolution (“ADR”) provides alternatives to protracted, costly, and public litigation and trials through courts and other public tribunals. Our purpose in...

Emerging mega-integration blocs such as the Trans-Pacific Partnership and the Transatlantic Trade and Investment Partnership are evolving outside of the World Trade Organization’s influence. Their most contested features are their investor-state dispute settlement (ISDS) systems. This article...

Today, many employers require their employees, as a condition of employment, to agree to arbitrate employment-related legal claims rather than pursue them in court. While arbitration can be mutually beneficial, allowing parties to avoid the cost, time, publicity, and unpredictability associated...

This paper aims to explore conflict as a process that includes antecedents, management strategy, and outcomes while examining the role of affective states in an elementary school working environment. After a theoretical overview and systematization of the conflict elements, a questionnaire was...

Disagreements over business deals, land boundaries, or loan non-repayment are very common sources of disputes, and courts are congested in developing countries. We evaluate the effects of the government introducing formal "village courts" (VCs) in rural Bangladesh using a randomized controlled...

Alternative dispute resolution procedures such as arbitration and mediation are the most common methods for resolving wage, contract, and grievance disputes, but they lead to varying levels of success and acceptability of the outcome depending on their design. Some innovative procedures, not yet...

During a tumultuous moment in history with shifts in power and politics, international dispute settlement stands at a crossroads. In theory, international dispute settlement should not institutionalize abuses of power, rely upon a monolithic one-size-fits-all model, or be a waste of resources,...

The market for crypto assets has grown rapidly in the last couple of years. Buzzwords like cryptocurrency, Non-fungible tokens (hereinafter “NFTs”) and metaverse have gone viral. Celebrities, artists, pop singers, e-commerce platforms, financial institutes, airlines, and many others are...

The legitimacy of using Alternative (or Amicable) Dispute Resolution (ADR) to give relief to the State-managed court system is debated in almost every advanced legal system. It seems that, while the theory of contemporary ADR, conceptually conceived by the so-called “School of Harvard”...

The purpose of the present study is to gain a conceptual understanding of the role of emotions and emotional intelligence in conflict formation, and resolution at the workplace. Organizational environment is such a place where individuals are jointly performing tasks and achieve organizational...

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...

The interaction of human beings in the group highlights the conflict of relationships and the combat of tasks. This finds out about pursuits to explore how to struggle administration affects performance. From it, we advise a theoretical framework modified with the aid of Nesterkin et. al. (2016)...

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...

The relationship between state initiatives in conflict resolution as a means of bringing about development in northeast India is the main topic of this article. The primary goal of this essay is to determine the historical significance of the state's position as a driving force behind...

This paper investigates the issue of strategic delegation by considering the role of management centrality in contracting with different stakeholders. Specifically, a sequential negotiation unionized duopoly model is analysed, in which the management relative bargaining power visà-vis...

One of the principal achievements of the GATT Uruguay Round of Multilateral Trade Negotiations (1986-1994), which resulted in the establishment of the World Trade Organization ("WTO"), was the creation of a ground-breaking system for the resolution of trade disputes between WTO Members. This...

The 12th WTO Ministerial Conference adopted a Ministerial Decision on the TRIPS Agreement on 17 June 2022. This partially concluded almost two years of protracted discussions in response to a proposal by India and South Africa for a waiver from certain obligations under the TRIPS Agreement for...

The Aegean conflict constitutes a dispute that has been affecting Greek-Turkish bilateral relations for the last five decades. It involves elements such as sovereignty, sovereign rights and national security. This paper suggests that the Torres Strait Treaty, an international agreement that...

The major bone of contention between the developed and developing countries in the TRIPS negotiations was patents for pharmaceuticals. The US-led developed countries bloc argued in favour of patents for pharmaceuticals amidst opposition from Brazil, India and other countries. Ample evidence,...

We discuss the dispute resolution procedures employed by the U.S. Internal Revenue Service (IRS) to resolve and avoid transfer pricing disputes. The IRS has enforced transfer pricing rules for decades and its experience can act as a guide for the KSA to consider the procedures to manage transfer...

I study information disclosure as a means to create conflict. A sender has information about two parties' relative strength and seeks to keep them engaged in a war of attrition for as long as possible. In the unique Markov Perfect Equilibrium, the sender employs “shifting rhetoric”: she...

One of the most important and disputed questions within the fields of international relations and conflict studies concerns the issue of mediator impartiality. Should mediators be biased—supportive of one but not both of the main disputants—or should mediators always be impartial? This paper...

Med-Arb is a dispute resolution process that combines mediation and arbitration. Interest is increasing in Med-Arb because of a growing similarity between arbitration and litigation. As attorneys legalize and formalize mediation into a more evaluative and adversarial process, Med-Arb...

Personalities and group interests are central to conflict management and negotiations. Conflict arises out of different opinions, beliefs, and ideologies. The purpose of this study is to conduct a mini- literature review on conflict, conflict management, and negotiations. The literature review...

When early startups stage the financing of their capital investments, they are at risk of being severely diluted by venture capitalists later on. It is puzzling that early startups do so in a competitive financial market. This paper shows that staging is beneficial to an early startup with a...

This contribution provides a cost-benefit analysis in a partial equilibrium framework to investigate the welfare consequences of a prohibitive regulatory non-tariff measure (NTM) in the form of a sanitary and phytosanitary (SPS) measure aimed at a foreign product with perceived negative...

This paper considers the use and impact of sanctions in the conflict between Russia and Ukraine. It proposes an alternative route to establishing and maintaining peace between Russia and Ukraine, using three types of human capital as a framework. This paper also identifies difficulties that must...

Conflicts arise in all areas where there is interaction between people, whether individuals or legal persons. Conflict resolution in a democratic state governed by the rule of law happens mainly through judicialization but aiming at a rapid and effective access to justice, Brazil, alongside...

International investment agreements employ dispute settlement procedures that differ markedly from their counterparts in trade agreements. We develop parallel models of trade and investment agreements and employ them to study these differences. We find that many of the observed differences can...

We conduct an experimental analysis of signaling games using three models of arbitration. In the signaling model, the informed party in the dispute makes a settlement demand to the uninformed party. In conventional arbitration (CA), the arbitrator is free to impose her preferred settlement. In...

International investment agreements employ dispute settlement procedures that differ markedly from their counterparts in trade agreements along three key dimensions: standing (i.e., the right to file grievances), the nature of the remedy, and the remedial period. In the state-to-state dispute...

The major bone of contention between the developed and developing countries in the TRIPS negotiations was patents for pharmaceuticals. The US-led developed countries bloc argued in favour of patents for pharmaceuticals amidst opposition from Brazil, India and other countries. Ample evidence,...

Online labor platforms provide freelancers the opportunity to work for clients on a project basis. However, disputes can occur as a result of the platform users' attempts to game the system, disagreement on the work quality or uncertainty of the quality outcomes. Traditionally, the dispute would...

Strategic litigation describes the phenomenon of lawsuits brought by civil society actors (activists and NGOs) in order to promote legal, political or social change. Prominent examples are business human rights and climate change litigation, where parallel lawsuits are filed in different fora at...

This contribution provides a cost-benefit analysis in a partial equilibrium framework to investigate the welfare consequences of a prohibitive regulatory non-tariff measure (NTM) in the form of a sanitary and phytosanitary (SPS) measure aimed at a foreign product with perceived negative...