Concept Rationale And The Implementation Of Alternative Dispute Resolution Adr Mechanisms In Malaysia

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Concept Rationale And The Implementation Of Alternative Dispute Resolution Adr Mechanisms In Malaysia

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Author : Badariah Sahamid
language : en
Publisher:
Release Date : 2002

Concept Rationale And The Implementation Of Alternative Dispute Resolution Adr Mechanisms In Malaysia written by Badariah Sahamid and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with categories.

Index To Theses With Abstracts Accepted For Higher Degrees By The Universities Of Great Britain And Ireland And The Council For National Academic Awards

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Author :
language : en
Publisher:
Release Date : 2006

Index To Theses With Abstracts Accepted For Higher Degrees By The Universities Of Great Britain And Ireland And The Council For National Academic Awards written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Dissertations, Academic categories.

Comparative Perspectives On Alternative Dispute Resolution

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Author : Nora Abdul Hak
language : en
Publisher:
Release Date : 2016

Comparative Perspectives On Alternative Dispute Resolution written by Nora Abdul Hak and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Dispute resolution (Law) categories.

This textbook explains various ADR processes such as mediation, arbitration, the role of the ombudsman and expert opinion. An examination of ADR in Islamic Law such as sulh, tahkim and muhtasibis also undertaken as ADR is an integral part of Islamic law, and it is as old as Islam itself. The concept of court annexed mediation and the development of its application is also discussed. Other topics included in this book are the Arbitration Act 2005 with reference to the powers of the court, construction disputes resolution and mediation in family disputes.

Alternative Dispute Resolution Adr

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Author : Khalid Yahyea
language : en
Publisher:
Release Date : 2012-10-18

Alternative Dispute Resolution Adr written by Khalid Yahyea and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-18 with categories.

Consumer Alternative Dispute Resolution In Emerging Economies

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Author : Eda Sahin-Sengül
language : en
Publisher: Taylor & Francis
Release Date : 2025-02-25

Consumer Alternative Dispute Resolution In Emerging Economies written by Eda Sahin-Sengül and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-02-25 with Law categories.

This book provides a comprehensive guide to consumer Alternative Dispute Resolution (ADRs) and the unconventional challenges they pose for emerging economies, aiming to advance their growth within developing nations. Written in response to the increasing number of transactions between consumers and traders in the digital age, and the accompanying rise in consumer disputes, the book details ADR systems which have come to the fore to settle complaints. Covering ADR techniques including arbitration, mediation and ombudsman services, it provides a guide to efficient dispute resolution and its application to emerging economies worldwide. The book also examines the role of technology in shaping ADR processes, given the prevalence of digital transactions in consumer markets. Thoughtfully explaining the challenges faced in implementing these systems suggests how governments and businesses can encourage the use of ADR, alongside providing practical case studies detailing past integrations into emerging economies. Practical, thorough, and internationally focused, this book will be of interest to researchers in the fields of dispute resolution, consumer law, and technology.

Alternative Dispute Resolution Adr

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Author : Dr. Kush Kalra
language : en
Publisher: Sultan Chand & Sons
Release Date : 2024-01-01

Alternative Dispute Resolution Adr written by Dr. Kush Kalra and has been published by Sultan Chand & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-01 with Law categories.

The goal of Alternative Dispute Resolution is to resolve disputes between parties in a more cost-effective and timely manner. As the name implies, Alternative Dispute Resolution (ADR) is a less adversarial method of resolving disputes than courts. The tedious processes of litigation, expense, and inadequacies of the court system are the key reasons for the ADR’s inception or need. It has the ability to deliver relief quickly and at a low cost. The current adversarial system is unable to provide true justice between the parties. A wide range of processes are characterised as Alternative Dispute Resolution Processes. Conflict resolution processes that are not adjudicated through court proceedings are typically referred to as alternative dispute resolution procedures. These approaches usually involve a neutral third party, a competent assistant who either supports the parties in a dispute or conflict in reaching an agreement or enables the parties in the disagreement in finding a solution to the problem. Because of the methods adopted, the alternative conflict resolution mechanism can preserve and enhance personal and business ties that would otherwise be harmed by the adversarial process. This book is supposed to be useful for Judges, Advocates, Lawyers and Law Students. The beauty of this book is that it will be of good use to one and all who are curious to know and study about the Alternative Dispute Resolution & Law.

The Legal Framework For Alternative Dispute Resolution In Courts With Shari Ah Jurisdiction In Nigeria Malaysia And Singapore

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Author : Umar Aimhanosi Oseni
language : en
Publisher:
Release Date : 2011

The Legal Framework For Alternative Dispute Resolution In Courts With Shari Ah Jurisdiction In Nigeria Malaysia And Singapore written by Umar Aimhanosi Oseni and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Dispute resolution (Islamic law) categories.

Amicable resolution of disputes is a policy enshrined in the prime sources of Islamic law and this has been consistently practised in Muslim communities across the world since the advent of Islam. Therefore, the legal framework for ADR in Islamic law has a lot to offer in streamlining the modern practice of ADR. This study examines the legal framework for ADR in courts with Sharī'ah jurisdiction in Nigeria, Malaysia and Singapore. The major part of the study is dedicated to proposed reforms in the administration of justice system in the courts with Sharī'ah jurisdiction in Nigeria. Meanwhile, the Malaysian and Singaporean models of court-annexed ADR in the Sharī'ah court are closely studied with a view to proposing practical reforms for their Nigerian counterparts. The existing legal framework for ADR in courts with Sharī'ah jurisdiction in Nigeria is examined using qualitative legal research method. While 15 judges and other main stakeholders were interviewed, 145 Sharī'ah lawyers responded to the qualitative survey. The findings of this study reveal that the Sharī'ah Court of Appeal of two States in Nigeria (Kwara and Kogi States) have an informal dispute resolution mechanism, even though the existing legal framework setting up the court does not provide for court-annexed ADR. Over 95% of the respondents supported the proposed reforms in the administration of justice system. For the Malaysian and Singaporean aspects of the research, structured interviews were conducted. Pertaining to the practice of court-annexed ADR in the Sharī'ah courts in Malaysia, this study reveals that there is a need for more Sulh Officers in Malaysia to cater for the increasing number of cases. The Singapore Sharī'ah court should address the procedural challenges in its rules of evidence through the amendment of section 42 of the Administration of Muslim Law Act. Its decisions should not be subject to any modicum of supervision by the civil courts, as this will have some bearing on court-annexed mediation. In all, the findings of this research illustrate the adaptability of the practices in Malaysia and Singapore in the courts with Sharī'ah jurisdiction in Nigeria. The study is a significant contribution to the existing literature through the proposition of a Sharī'ah Court of Appeal (Sulh) Rules in Nigeria, which inculcates principles of amicable resolution of disputes into the formalised administration of justice system.

Alternative Dispute Resolution Adr In Nigeria

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Author : Dele Peters
language : en
Publisher:
Release Date : 2004

Alternative Dispute Resolution Adr In Nigeria written by Dele Peters and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Dispute resolution (Law) categories.

Alternative Dispute Resolution

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Author : Victoria. Parliament. Law Reform Committee
language : en
Publisher:
Release Date : 2007

Alternative Dispute Resolution written by Victoria. Parliament. Law Reform Committee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Dispute resolution (Law) categories.

The purpose of this Discussion Paper is to outline current ADR mechanisms in Victoria and elsewhere and to identify issues and best practice. This information is intended to provide background information to relevant stakeholders and members of the public who may wish to make a submission to the Committee. In order to assist stakeholders, this Discussion Paper aims to give guidance in relation to the types of issues the Committee wishes to consider as part of its inquiry and poses a series of questions about issues relating to ADR. The questions are intended to be a general indication rather than an exhaustive list of the areas the Committee will cover in the Final Report. The Committee recognises that stakeholders can make an important contribution to identifying issues in an Inquiry. We welcome both submissions that directly address the questions identified in the Discussion Paper and comments on any other issues relevant to the terms of reference. It is important to note that this Discussion Paper reflects the fact that the Committee has not yet reached any conclusions in relation to the issues identified. The Discussion Paper summarises the current state of play in Victoria and other jurisdictions in relation to ADR and examines the views of other reform agencies. It does not favour any particular reform option.

Alternative Dispute Resolution In The Western Balkans

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Author : Marc Bungenberg
language : en
Publisher: Springer Nature
Release Date : 2025-01-30

Alternative Dispute Resolution In The Western Balkans written by Marc Bungenberg and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-01-30 with Law categories.

Alternative Dispute Resolution (ADR) is increasingly recognized as an attractive alternative to national court proceedings, especially in international business relations. This open access book focuses on ADR mechanisms in one specific geographical region: the Western Balkans. This region comprises Albania, Bosnia and Herzegovina, Croatia, North Macedonia, Montenegro, Kosovo, and Serbia. Although these countries generally have legal frameworks for ADR mechanisms in place, they remain largely underutilised in practice. Promoting ADR mechanisms in the countries of the Western Balkans could make them more attractive to foreign investors, thereby fostering economic growth. Additionally, the effective implementation of ADR mechanisms could have spill-over effects on national judiciaries, thereby increasing domestic rule of law standards. This would be highly beneficial for the Western Balkan countries, most of which are still aspiring to become Member States of the European Union (EU). To achieve this, they are required to promote the use of ADR mechanisms and align their legal frameworks with EU standards. Against this background, this book aims to explore the trends and challenges of ADR in the Western Balkans. The different chapters primarily focus on international commercial arbitration, investment treaty arbitration, and mediation. Some chapters address systemic challenges, such as capacity building and dispute prevention, which extend to the entire region. Others offer country-specific analyses of particular national framework. While some chapters adopt the perspective of international or EU law, others remain at the national level. Collectively, the wide diversity in topics and perspectives provides a comprehensive overview of the trends and challenges of ADR mechanisms in the Western Balkan.