Tag Archives: Arbitration

Counselling Implications of Conflict and Conflict Resolution in Secondary Schools in Ebonyi State (Published)

The study investigated the counselling implications of conflict and conflict resolution in secondary schools in Ebonyi State.  Specifically the study assessed the extent to which school principals adopt dialogue, arbitration, third party and sanction in conflict resolution in their schools. The population for this study consisted of all the principals of public Secondary Schools numbering one hundred and fourty-seven (147), and the entire population was used. Four research questions and one null hypothesis guided the study.  The instrument for data collection was a four point modified likert-type questionnaire – conflict resolution assessment scale (CRAS), while the data collected were analyzed using mean and standard deviation for the research questions and t-test for the hypothesis. The findings showed that while sanction was used to a great extent, dialogue, arbitration and third party were used to a low extent.  Again, gender of principals does not significantly influence the type of conflict resolution method used.  The counselling implications of the findings were outlined including: the fact that people have problems which should not be taken for granted or sub-summed in their conflict.  Recommendations were also made for example that Government officials who relate with the school authority should also be involved in dialogue, arbitration and third party methods of conflict resolution instead of just using sanction as the only option.

Keywords: Arbitration, Conflict, Counselling, Dialogue, resolution, third party and sanction

Recognition and Enforcement of Foreign Judgments and Arbitral Awards in Albania (Published)

This paper aims at providing an analysis of the Albanian legislation and jurisprudence on the recognition and enforcement of foreign judgments and arbitral awards in Albania. Such an analysis is especially relevant in the current situation of the development of Albania and in this crucial moment of its European integration process and the implementation of the Stabilization and Association Agreement with the European Union.The analysis is composed of three parts, starting with the definition of the foreign judgments and arbitral awards as enforceable orders. Also, apart from the Albanian legislation, the analysis includes the legislation of other European countries, as well as the impact in its domestic legislation of different international treaties on the recognition and enforcement of foreign judgments and arbitral awards.The paper is enriched with the analysis of the Albanian jurisprudence, among others by including the unifying judgments of the Joint Benches of the Supreme Court, because of their special leading role for the courts in Albania. Further, the analysis continues with the detailed procedure of the recognition and enforcement of foreign judgments and arbitral awards in Albania, ending with the conclusions.

Keywords: Arbitration, Court, Enforcement, Judgment, Legislation, Recognition

Critical Review of Adjudication and Mediation Methods of Dispute Resolution In Terms Of Time, Costs, Effectiveness and the Overall Interests of the Parties (Published)

This paper identifies the positive and negative aspects of adjudication and mediation as alternative methods of construction dispute resolution to arbitration and litigation.  Upon examination of relevant literature, judicial findings, and anecdotal evidence, it is evident that adjudication and mediation have proven to be less adversarial and more efficient and cost effective approaches to resolving disputes in the Industry.  With the recent improvements in the adjudication process, these have resulted in reducing the incidence of court hearings, and maintaining a working relationship between contracting parties for present and future project purposes.  This research information will allow parties in dispute situations to understand such aspects, and make an informed decision as to which dispute resolution process may best suit their interests, and the interests of those concerned.

Keywords: Adjudication, Adjudicator, Arbitration, Cash flow, Claim, Construction Act, Contract, Cost, Dispute, Jurisdiction, Litigation, Mediation, Mediator, Natural Justice, Notice, Scheme, Summary Judgement, Time, Without Prejudice