parties, the magistrate, the dispute, argument and procedure with all its features at the hearing principally means the application of law on facts in order to resolution of conflicts, but it needs by itself to be organized with some techniques as a result of organizing the litigation process. some general norms are the means for achieving this goal which called principles of law. we can introd...

Is there a distinction between questions of fact and questions of language? Many philosophers have said no. But a version of the distinction is ubiquitous, in philosophy and elsewhere, in the notion of a verbal dispute. Intuitively, a dispute between two parties is verbal when the two parties agree on the relevant facts about a domain of concern, and just disagree about the language used to des...

This paper seeks to understand the factors that cause disputes at the World Trade Organization to move from the negotiation stage to the panel stage. We hypothesize that transfer payments between states are costly to arrange and that the lowest-cost transfers are those that relate directly to the issue in dispute. This implies that when the subject matter of the dispute has an all-or-nothing ch...

Is there a distinction between questions of fact and questions of language? Many philosophers have said no. But a version of the distinction is ubiquitous, in philosophy and elsewhere, in the notion of a verbal dispute. Intuitively, a dispute between two parties is verbal when the two parties agree on the relevant facts about a domain of concern, and just disagree about language used to describ...

Efficient and equitable dispute resolution is key to avoiding systemic disturbance in the use and valorization of top level domain names (TLDs). Such dispute resolution is also important given the increasing number of clashes between TLD providers and managers and between trademark owners and generic (gTLD)-related registrants. ICANN policies/rules form the basis of gTLD-related second level do...

With the growth of information technology and the Internet, a new always-on and global marketplace has transformed business: electronic commerce has appeared in the business and legal landscape. Inevitably, with this new form of commerce came new forms of disputes. As transactions in a global market mean an increased probability of transnational disputes, parties situated sometimes on different...

This paper investigates how contract structure influences interfirm dispute resolution processes and outcomes by examining a unique dataset consisting of over 150,000 pages of documents relating to 102 business disputes. We find that the level of contract detail affects the type of dispute resolution approach that is adopted when conflict arises, and that different approaches are associated wit...

Introduction This Overview of Alternative Dispute Resolution (ADR) is intended to serve as a practical introduction to the various mechanisms for resolving disputes between parties. It is designed to inform deliberations among judges, justice ministry officials, and administrators who are considering the possibility of adding new dispute resolution options to the traditional adjudicative model ...

We give a formal treatment of optimal risk sharing contracts in the face of ambiguity. The ambiguity in a contract arises from clauses that are interpreted by the parties in di¤erent ways. The cost of ambiguity is represented in terms of perceived dispute costs. Taking the potential for dispute into account, we …nd that risk averse agents may forgo potential gains from risk sharing and choose i...