The allocation of risks among the contracting parties in a contract is an important decision affecting the project success. Some risks in a project are uncontrollable; these are imposed to a project by external factors. Since contracting parties can neither control nor affect the occurrence of such risks, their allocation to a party would be inequitable. Therefore the cost overrun related to un...

Background: ART contracts involving third parties have been created while clinical reproductive treatments are globally widespread. Iran is pioneer in applying these treatments in middle-east due to shii’at jurisprudence prescribing them. This key role in region, has raised Iranian jurists’ responsibility in developing a legal system regarding administration of ART. The most significant part of...

The purpose of this study was to determine the legal consequences and causative factors which lead construction land sale purchase deed not in accordance with procedures based on analysis Supreme Court's decision number-967K/Pdt/2010. In case it is known that factor cause dispute due PPAT did pre-check at Land Office regarding suitability rights certificate, attended by parties who carried out ...

Abstract This paper shows that reframing of conflict can be considered as a constitutive element “reconciliatory argumentative style” ( van Eemeren, 2019 ), which is typical dispute mediators, whose aim to steer parties towards the resolution their conflict. On basis systematic empirical analysis mediation cases, we first show encompasses change issue, may or not justified by arguments. Then, h...

Mediation is an important paradigm for dispute resolution which dates back to Ancient Greece. The goal is to reach an agreement, i.e. a mutually accepted solution, without resorting to a struggle. Yet, when people negotiate they demonstrate bounded rationality in their actions and diversity in their behaviors. This increases the difficulty to design automated mediators. To be successful, the me...

During the past decade, researchers have commonly employed one of two sets of interstate dyads as the population of cases in quantitative analyses of international conflict, either “all dyads” or “politically relevant dyads.” The main argument against using the “all dyads” set is that includes many dyads where there is no chance of conflict, and so analysts using this set are examining many pai...

The United States and Biological Warfare is about accusations that the United States resorted to bacteriological warfare at a time of great military stress during the Korean War. In December 1951, the then US Secretary of Defense ordered early readiness for offensive use of biological weapons. Soon afterwards, the North Korean and Chinese armies accused the United States of starting a large-sca...

Indonesia's decision to withhold samples of avian influenza virus A (H5N1) from the World Health Organization for much of 2007 caused a crisis in global health. The World Health Assembly produced a resolution to try to address the crisis at its May 2007 meeting. I examine how the parties to this controversy used international law in framing and negotiating the dispute. Specifically, I analyze I...

Up until now, most approaches to Online Dispute Resolution focused on "traditional" problems such as the generation of solutions, the support to negotiation or the definition of strategies. Although these problems are evidently valid and important ones, research should also start to consider new potential issues that arise from technological evolution. In this paper we analyse the new challenge...

IS professionals are primarily concerned with the development of a project to meet the goals of a client. Unfortunately, IS professional do not always pay close attention to the contract or to its management and are often unaware of the legal implications of the contracts to which they are assenting. Legal advice can be sought during pre-contractual processes to help ensure that the contract me...