Tag Archives: Arbitration

Arbitration clauses in labor contract and its relationship with public order according to the Jordanian legislator (Published)

On our study of the arbitration clause in labor contracts and its relationship to public order, and depended on the clauses of the Jordanian Arbitration Law No. (31) for the year 2001 and its amendments for the year 2018 and Labor Law No. (8) for the year 1996, the arbitration clause mentioned in the labor contract is annulled, the Jordanian legislator is keen on The Labor Law states that its clauses related to the worker are peremptory clauses and it is not permissible to agree to violate them in order to preserve the rights of the worker. The employment owner neglects the employment, and one of these guarantees is the anullement of the clauses in which the employer waives the right in the labor contract from a right granted to him by the law, as the arbitration clause in the labor contract deprives the Magistrate Court of its specific competence in considering labor proceedings and on the urgency status and is exempt from fees. The study concluded that the arbitration clause involved the labor contract is annulled since it relates to the public order of the Jordanian legislator, and a set of results and recommendations hoping to be achieved a keyvalue to the specialized studies in this field.

Keywords: Arbitration, Employer, arbitration clause, employment owner., labor contract, public order

Resolution of investment disputes through arbitration in Nigeria (Published)

States go into treatises in order to permit the nationals of one state to invest in another for mutual economic benefit and advancement. These treaties notwithstanding, disputes do come up as a result of the human tendencies and complexity of commerce. In Nigeria, certain statute such as law governing recognition and enforcement of arbitral agreement, law governing arbitration agreement, law governing substantive issues, law governing recognition and enforcement of award and the Arbitration and Conciliation Act, 1988 (ACA) and arbitration under Nigerian Investment Promotion Commission (NIPC) makes provision for  arbitration in the amicable settlement of investment disputes. This study therefore reveals that for the aim of having a uniform framework for the settlement of investment disputes, the International Centre for Settlement of Investment Dispute (ICSID) was created. The study also reveals that some of the statute prescribe mandatory arbitration and as such negates agreement and party autonomy. The article recommends that the statutes be reformed to be in line with jurisprudence of arbitration.

Keywords: Arbitration, Nigeria, investment disputes, resolution

External Non-Adjudicatory Mechanisms and Trade Disputes Settlement in Nigerian Oil and Gas Industry (2005-2018) (Published)

This study investigated the efficiency of external non-adjudicatory mechanisms (mediation, conciliation and arbitration) setting trade disputes in oil and gas industry in Nigeria from 2005 to 2018. The study was guided by three research objectives. In order to achieve these objectives, the study adopted the survey research design that involved a combination of in-depth interview and interpretation of existing data from the records of The Ministry of Labour and Employment. The population universe were NUPENG and PENGASSAN officials, but the sample was drawn from the officials of five selected oil and gas companies in Nigeria using purposive sampling technique. Fourteen (14) officials were drawn from NUPENG and sixteen (16) officials were drawn from PENGASSAN for the purpose of the interview. Content analysis was adopted in analyzing the responses to the interview questions, while tables, frequencies and percentages were used to analyze data from the records of The Ministry of Labour and Employment. It was found that Mediation was efficient in settling trade dispute in the oil and gas industry but it experienced low usage (10.94%); conciliation enjoyed the highest usage (57.81%), but was not very efficient; and industrial arbitration panel has not been efficient in settling disputes referred to it. Thus, the study concluded that the overall performance of these non-adjudicatory mechanisms in settling trade dispute in the oil and gas industry has not met the expectation of the stake-holders in terms of efficiency. Therefore, it was recommended that mediation should be adopted more frequently in settling trade dispute; the statutory period for conciliation and arbitration should be extended.

Keywords: Arbitration, Mediation, Settlement, Trade Dispute, conciliation, oil and ga industry

Emotional Intelligence and Industrial Conflict Resolution Mechanisms in Imo State Public Sector: An Empirical Approach (Published)

The focus of this paper is on Emotional Intelligence and Industrial Conflict Resolution Mechanisms in the Imo State Public Sector. The study used survey approach and covered a population of 305 senior staff of eight selected public sector organizations in Imo State. In determining the sample size, the researchers used purposive sampling technique to select 221 members of staff, however, only 198 copies of the survey tool was accurately filled and returned which yielded 89.59% return rate. The data used was generated from both primary and secondary sources but a five point likert scale survey tool titled Emotional Intelligence and Industrial Conflict Resolution Mechanisms Questionnaire (EI&ICRMQ) was the major instrument for data collection. The statistical tool used for data analysis is the one-way ANOVA test using the 23.0 version of SPSS. The study found that variations in the results obtained showed that emotional intelligence effect on negotiation is more significant as it posted the least output (0.000). This is closely followed by mediation that posted an output of (0.006). The result however showed that in arbitration, emotional intelligence plays little or no role as it posted an output (0.075) that is higher than the level of significance (0.05). The study concluded that emotional intelligence is key to conflict resolution especially when the conflicting parties opt for negotiation as a mechanism. Sequel to the findings and conclusion above, the study recommended that to enhance management-labour relations, conflicting parties should ensure that only representatives with high emotional intelligence quotient are sent when adopting negotiation as a conflict resolution mechanism. Training representatives of conflicting parties to imbibe and exhibit emotional intelligence can enhance the success rate of mediation as a conflict resolution mechanism and that conflicting parties adopting arbitration as a conflict resolution mechanism should focus on gathering needful data for evidence and avoid being emotionally sentimental

Keywords: Arbitration, Conflict, Emotional Intelligence, Mediation, Negotiation.

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