The paper explores the issues of active legitimacy to be a party in administrative dispute proceedings and representation protection parties’ rights before Administrative Court, established as court special jurisdiction by Act on Seats Areas Courts Public Prosecutor's Offices which entered into force January 2010. author first examines who can plaintiff, defendant, interested person an dispute,...

Executive summary The aim of this research was to investigate what the Legal Ombudsman can learn from other Alternative Dispute Resolution (ADR) providers. The research was commissioned by the Legal Ombudsman to help it review and develop its dispute resolution model and ensure it remains fit-for-purpose. The research involved a case study design and fieldwork was conducted with ten organisatio...

The outcome of a legal dispute, namely, the decision of its adjudicator, is uncertain, and both parties develop their strategies on the basis of their appreciation of the probability that the adjudicator will accept their arguments or the arguments of their adversary. Costs and gains have to be balanced in light of this uncertainty in order to identify the most convenient strategies. This paper...

The outcome of a legal dispute, namely, the decision of its adjudicator, is uncertain, and both parties develop their strategies on the basis of their appreciation of the probability that the adjudicator will accept their arguments or the arguments of their adversary. Costs and gains have to be balanced in light of this uncertainty in order to identify the most convenient strategies. This paper...

We analyze how reputational concerns of arbitrators affect the quality of their decision process, in particular, information acquisition and bias. We assume that arbitrators differ in their ability to observe the state of the world and that information acquisition is costly and unobservable. We show that reputational concerns increase incentives for information acquisition but may induce arbitr...

the 1965 washington convention on the settlement of investment disputes between states and nationals of other states created international center for settlement of investment disputes (icsid). this center conducts investment disputes arbitration according to the rules of the convention. the choice of law rules of the washington convention have been provided in article 42. second sentence of art...

We propose an argumentation framework for modelling jury-based dispute resolution where the dispute parties present their arguments before a judge and a jury. While the judge as the arbiter of law determines the legal permissibility of the presented arguments the jurors as triers of facts determine their probable weights. Such a framework is based on two key components: classical argumentation ...

An important feature of our judicial system is the discretion a court has to allow an individual or (more usually) a group who is not a party to proceedings to intervene in a dispute between others. While historically it has been comparatively rare for a non-party to become involved in litigation, over the past fifteen years, courts appear to have become more willing to allow such intervention....

Recent trends in communication technologies led to a shift in the already traditional Alternative Dispute Resolution paradigm, giving birth to the Online Dispute Resolution one. In this new paradigm, technologies are used as a way to deliver better, faster and cheaper alternatives to litigation in court. However, the role that technology plays can be even further enhanced through the use of art...