bottleneck in state courts and consequence resulting form it and the advantages which the disputes settlement has outside the court for governments and especially the parties to dispute led to increasing promotion of arbitration and use of new method of dispute settlement which are described as “alternative dispute resolution” (adr) are described. meanwhile, many of this method settle the dispu...

the legal system of any given society, whether national or international, requires that legal disputes between the parties must be finally concluded and settled. abiding by judgments made by international courts and prevention of contradictory judgments are related to international public order. variety of international courts, arbitration tribunals and commissions increases the possibility of ...

dispute resolution procedures in contract construction: from iran’s legal and imamiyeh fiqh perspectives solmaz hadi [1] morteza haji pour [2] abstract in iranian civil law, in spite of the long tradition of using alternative dispute resolution (adr) methods, and existence of rules and regulation regarding conciliation and compromise, the use of adr methods were not welcomed by the conflicting ...

the propagation of utilization of arbitration as a method of dispute resolution depends on the public confidence in the method. in this regard, the independence of arbitrators and their impartiality are necessary conditions for the realization of such confidence. independence and impartiality of arbitrators ensure a fair trial in arbitration and the lack of aforementioned features makes it impo...

We present an unified methodology for representation and development of dialectical proof procedures in abstract argumentation based on the notions of legal environments and dispute derivations. A legal environment specifies the legal moves of the dispute parties while a dispute derivation describes the procedure structure. A key insight of this paper is that the opponent moves determine the so...

Why do agents engage in costly dispute resolution such as litigation and arbitration when costless settlement is available? It has been argued that parties are asymmetrically informed about facts and the law surrounding a dispute. This causes the expected payoff from litigation for an agent to be unobservable to her opponent. This unobservability can lead to the break down of pre-trial bargaini...

An essential problem in online forms of alternative dispute resolution is that it is difficult to structure and process the information that is exchanged between negotiating parties. This paper offers a simple scheme according to which users can enter claims and justify them with other claims. Claims can also be conceded, questioned and contradicted. Based on the information that is entered int...

Disputes are an inevitable event in all facets of life and in the same vein it permeates society, from family quarrels to multinational corporate clashes. The dynamics of today society which revolve around competition, misunderstandings, wrongful termination of contracts, product liability and hostility among communities have contributed greatly to the endemic nature of dispute in our society. ...