Settlement of Disputes Within the World Trade Organisation: A Guide to the Jurisprudence

The Urugauy Round of Multilateral Trade Negotiations led to the development of a revised set of procedures on dispute settlement. These procedures dealt with a number of significant problems that had arisen under GATT dispute settlement experience. In spite of these important reforms, there are numerous, complex and contentious questions of legal adjudication that any formal dispute settlement system must face. The article outlines the aims and organs of dispute settlement under the WTO. It addresses some of the key questions as to standing, interpetation, evidence and adjudicatory practices and processes. While ongoing moitoring and reform is necessary, an important thesis is that the inherent nature of legal adjudication forces uncertain determinations that can too easily give rise to unwarranted criticism of the system as a whole.

Causal modelling of construction disputes

Disputes have become an inherent feature of the construction industry. A plethora of studies have been undertaken to identify the causes of disputes so as to determine the most appropriate prevention and resolution strategies. While it is widely known what the main causes of dispute are, they still remain prevalent in the Australian construction industry. This is because there is a need to better understand the complexity and interplay between causal variables. Using data derived from the
literature a conceptual causal model of construction disputes is developed. The model identifies the key causal variables and pathogens that can contribute to disputes.

Current findings on Australian children in postseparation disputes : outer conflict, inner discord

This paper sets out descriptive baseline data on the first 111 Australian families participating in a current study of the efficacy of child-focused and child-inclusive Family Law Mediation. The families come from the first of two treatment groups in that comparative study. While outcome data are not yet available on this group, the baseline data, gathered prior to intervention, are of interest and value. The paper describes the nature of parents' conflict with each other, the strength of their parental alliance, and the psychological functioning of their children at the time of presentation to the mediation service. High mental health risk for the children in these families is evident, both from parents' and children's perspectives. Uniquely, the paper includes the perceptions of 73 children about their parents' conflict and its impact on them. Implications are discussed, underscoring the imperative of early intervention with separating families that includes screening of the children's experience of conflict and their own needs for recovery.

'Murderous coppers': police, industrial disputes and the 1929 Rothbury shootings

Norman Brown, a coalminer engaged in picketing the Rothbury colliery, was shot dead by police in 1929. The Rothbury incident and the police suppression which followed became part of both union folklore and the personal legend of one police officer, William John MacKay, later New South Wales Police Commissioner. This article probes beneath the layers of myth that surround Rothbury and argues that the initial tragedy was largely the result of police incompetence, and that MacKay’s association with the shooting is deeply ironic. The more measured police actions that followed the shootings were Mackay’s responsibility, however, and they had damaging long-term consequences.

The role of emotional intelligence on the resolution of disputes involving the electronic health record

Numerous authors have expressed concerns that the introduction of the Personally Controlled Electronic Health Record (PCEHR) will lead to an escalation of disputes. Some disputes will concern the accuracy of the record whereas others will arise simply due to greater access to health care records. Online dispute resolution (ODR) programs have been successfully applied to cost-effectively help disputants resolve commercial, insurance and other legal disputes, and can also facilitate the resolution of health care related disputes. However, we expect that health differs from other application domains in ODR because of the emotional engagement patients have with their health and those of loved ones. In this study we will be looking at whether the success of an online negotiation is related to how people recognise and manage emotions, and in particular, their Emotional intelligence score.

The syntactic priority thesis and ontological disputes

The article focuses on the neo-Fregean's claim that syntactic priority thesis (SP) can constitute a decision-procedure in relation to substantive ontological disputes. It examines alternative interpretations of SP and demonstrates why SP cannot settle disputes about the existence of numbers or deliver on the stronger meta-ontological claims made on behalf it. Problems associated with the attempt to establish ontological theses through logical and linguistic analysis are tackled.

Reconciliation and the Goguryeo/ Gāogōulì disputes between China and South Korea

Just as the failure to reconcile views of the past and to address historical injustice has damaged inter-state relations in East Asia, the Goguryeo/Gāogōulì dispute has harmed relations between South Korea and China. In this chapter, we provide a detailed analysis of the dispute, and explore how this contestation has been reconciled through elite settlement, UNESCO's arbitration and the idea of shared history.

Examining the viability of windows impact/update method for delay analysis in construction disputes

Nowadays, construction delay disputes often end up on the arbitration route where the delay experts appointed by the parties advise the tribunal on the extension of times entitlements of the parties. For this purpose, the identification and quantification of concurrent and pacing delays are integral aspects of resolving these disputes using a proper delay analysis methodology. The aim of the study is therefore, threefold. Firstly, the available literature on the concurrent and pacing delays are analyzed in detail to establish the principles for the evaluation of the concurrency and pacing delays. Secondly, a robust delay analysis methodology called ‘windows impact/update method’ is explained often used by the experts for the effective quantification of concurrent and pacing delays. This methodology is an improved version of time impact analysis and normal windows analysis. For better demonstration, the explanation of the methodology is facilitated with the help of a typical case study analysis. Finally, the principles of concurrency and pacing, as explained in the literature review, are promptly applied to the case study results to show the applicability of the analysis method on any types of delay disputes. The study shows the effectiveness of the windows impact/update method for the quantification of the concurrent and pacing delays.

Disputes resolution : can Bim help overcome barriers?

Many researchers consider disputes as part of the project lifecycle. Although preventative actions exist, it is not utterly possible to avoid them. Once the disputes arise, an appropriate resolution technique should be adopted. Common perception is referring to a resolution method either internally or via a third party; which may also be binding by law. The resolution process requires attention to the disputed claims. Hence, deep investigation of the claims and choosing the appropriate method is crucial for the successful project delivery and reputation of the industry.

Preparation of disputed claims and resolution process also faces many debates. Conducting To effective dispute resolution requires attention to proper preparation and presentation of the incurred events. All the required information should be acquired to estimate and present the claim, for a smooth settlement. As an integrated digital model of the project, BIM, stores all the information of the projects in detail. Retrieval of the required information for the disputed issues can easily be obtained from the model. It is also possible to embed the construction schedule, change orders and variations, specifications and financial data such as cash flow along with the multidisciplinary drawings. As this model stores all the information at every particular time and phase, disputes can be concluded quick and accurate.

In this research, using a case study and literature review, disputes and resolution processes are deeply studied. A BIM model is created to investigate benefits on overcoming the challenges; during claiming, and resolution of the disputes. It is seen that the claims are prepared faster and more accurate in a visualized environment provided by BIM. Furthermore, substantiating and presenting the disputes for the resolution purpose was incomparable to the traditional methods. The conclusions recommend that; even the project did not adopt a BIM model earlier; it can be created for a smooth process, during claiming and resolution of disputes.

The restorative role of apology in resolving medical disputes: Lessons from Chinese legal culture

This article is the first exploration of the Chinese notion of apology from a comparative legal perspective. By reviewing the significance of apology in the context of Chinese culture, the article presents a three-dimensional structure of apology that, in contrast to the understanding the research community now has, defines acknowledgement of fault, admission of responsibility, and offer of reparation as three essential elements of an apology. It is the combination of these three elements that enables apology to serve as a form of reparation. The article further places the three-dimensional apology in the context of the Chinese concept of "the relations of humanity," arguing that an apology accompanying admission of fault and responsibility may help to restore the harmony of relations and, by so doing, resolve medical disputes positively.

Investigating the factors influencing the quality of adjudication of complex payment disputes in Australia

Statutory adjudication has been enacted throughout Australia on a state-by-state basis. The original enacting legislation may be broadly divided into two models which have become known as the East Coast and West Coast models. The East Coast model adjudication scheme – which is operational in NSW, Victoria, Queensland, Tasmania, ACT and South Australia – has in recent times come under much criticism for failing to facilitate determinations of sufficient quality with respect to large and/or complex payment claims. By carrying out a thorough desktop study approach whereby evidence is garnered from three primary sources – government commissioned consultation papers, academic publications and judicial decisions – this paper reviews this criticism and therefrom distils the key factors influencing the quality of adjudication of large and/or complex claims in Australia.

A proposed roadmap to optimise the adjudication of complex payment disputes in Australia

In Australia, statutory construction adjudication has recently received a lot of criticism due to the increasing amount of determinations that have been quashed upon judicial review, and anecdotal evidence from some quarters showing dissatisfaction with the quality of adjudication decisions. Such criticism is particularly aimed at adjudications of large and technically and legally complex payment disputes, where adjudicators are under pressure to consider substantial volumes of submissions in very tight timeframes. More specifically, criticisms have been directed at, inter alia, adjudicator’s regulations, procedural fairness, jurisdictional powers and finality of decisions. This paper reviews the measures to improve the quality of adjudications of complex payment disputes then proposes a roadmap by selecting the Qld model as a benchmark but suggesting further improvements identified and explained via specific steps or pit stops. The pit stops include criteria for timeframes of complex claims, appointment, regulation and powers of adjudicators and a review system on the merits to control the quality of adjudication decisions replicating the Singapore model. The findings remain as blunt instruments and deemed as hypotheses to inform subsequent empirical research which the authors are currently undertaking to further investigate, strengthen and validate the findings of this study in order to propose a reliable and useful guide to any parliament seeking to optimise its statutory adjudication to effectively deal with complex payment disputes.

Modeling relevant legal information for consumer disputes

Accessing relevant legal information found in text excerpts from heterogeneous sources is essential to the decision making process in consumer disputes. The Ontology of Relevant Legal Information in Consumer Disputes (ric) is the domain-independent ontology modeling this relevant legal information comprising rights, their requisites, exceptions, constraints, enforcement procedures, legal sources. Its use is exemplified with one extension thereof, the Air Transport Passenger Incidents Ontology (ric-atpi), representing both the possible incidents triggered by a complaint in the air transport passenger domain and the related legal information that might be applicable. The Ontology models the key provisions found in the hard law, and those in soft law, comprising heterogeneous sources in a structured manner. An ontology-based system provides the knowledge embedded in the legal sources and their relation to the specific scenario.