REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION最新文献_第2页

The Consent Award in India: an Alternative within an Alternative 印度的同意裁决：替代方案中的替代方案

REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION Pub Date : 2023-12-01 DOI: 10.52028/rbadr.v5i10.art01.ind

Akshay Verma

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引用次数: 0

ChatGPT and other intelligent Chatbots: legal, ethical and dipute resolution concerns ChatGPT 和其他智能聊天机器人：法律、道德和争议解决方面的问题

REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION Pub Date : 2023-12-01 DOI: 10.52028/rbadr.v5i10.art07.ru

Elizaveta A. Gromova, Daniel Brantes Ferreira, Ildar R. Begishev

{"title":"ChatGPT and other intelligent Chatbots: legal, ethical and dipute resolution concerns","authors":"Elizaveta A. Gromova, Daniel Brantes Ferreira, Ildar R. Begishev","doi":"10.52028/rbadr.v5i10.art07.ru","DOIUrl":"https://doi.org/10.52028/rbadr.v5i10.art07.ru","url":null,"abstract":"Day by day, new technologies are capturing our lives. ChatGPT and other intelligent chatbots are among the most promising ones. As an LLM based on machine learning, an intelligent chatbot represents a perfect human chatbot assistant that can give an answer to any question asked, write a poem, or analyze and improve the code. Despite its potential, ethical and legal issues of using intelligent chatbots, which also might be a reason for the disputes, are among the most significant concerns. Based on the idea of responsible innovation, this paper aimed to define critical ethical and legal issues arising from using ChatGPT and other intelligent chatbots and then attempt to overcome them to increase the trustworthiness of this technology. For intelligent chatbots to be actively and effectively used for the benefit of humanity while not undermining the credibility of LLMs, we have attempted to outline the technical, legal, and ethical problems, as well as significant dispute resolution concerns arising from the use of intelligent chatbots, and to make recommendations on how to minimize the risks and threats related to it. The results of this study can be used both in the process of law-making in the field of artificial intelligence and to contribute to the limited research in this area.","PeriodicalId":101933,"journal":{"name":"REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION","volume":"9 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138609817","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Use of AI technologies in dispute resolution at the pre-trial stage and in court proceedings 在预审阶段和法庭程序中使用人工智能技术解决争议

REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION Pub Date : 2023-12-01 DOI: 10.52028/rbadr.v5i10.art03.us

Bakhteev Dmitry Valeryevich, Buglaeva Elena Anatolievna

引用次数: 0

Digital tools to facilitate the implementation of mediation in criminal proceedings 促进在刑事诉讼中实施调解的数字工具

REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION Pub Date : 2023-12-01 DOI: 10.52028/rbadr.v5i10.art08.ru

G. Rusman, Svetlana Surmeneva

{"title":"Digital tools to facilitate the implementation of mediation in criminal proceedings","authors":"G. Rusman, Svetlana Surmeneva","doi":"10.52028/rbadr.v5i10.art08.ru","DOIUrl":"https://doi.org/10.52028/rbadr.v5i10.art08.ru","url":null,"abstract":"The article is devoted to the issues of digitalization of criminal proceedings in general and conciliation procedures of restorative justice in particular. Mediation, as a form of resolving a criminal conflict, is used in many countries of the world and does not lose its relevance, being an alternative form of resolving a criminal conflict in cases of minor and moderate severity, aimed at restoring social balance by reconciling the accused and the victim, restoring his violated rights. In the context of the digital transformation of criminal proceedings and the expansion of the use of electronic and digital tools, mediation in criminal proceedings can take new forms that contribute to increasing the level of citizens’ access to justice, their interactive interaction and improving the efficiency of legal proceedings in general. The conducted research of the international experience of digitalization of interaction between the state and citizens in criminal proceedings shows not only the variety of electronic resources used in criminal proceedings, but also allows us to predict new architectures of criminal proceedings in small and medium-gravity criminal cases that meet the spirit of modern times. The authors have developed a model of the pre-trial procedure for the termination of a criminal case, which provides for the possibility of implementing a conciliation procedure using digital tools, allowing to terminate a criminal case for a minor crime using a universal multifunctional portal in which each of the subjects of the criminal process interactively implements their procedural rights and obligations, and the final decision is made by the court.","PeriodicalId":101933,"journal":{"name":"REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION","volume":"117 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138615230","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Mediation in Cases of Halal Abuse: A Consumer’s Perspective 清真食品滥用案件的调解：消费者的视角

REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION Pub Date : 2023-12-01 DOI: 10.52028/rbadr.v5i10.art12.my

Mustafa Afifi Ab Halim, Hendun Abdul Rahman, Adzidah Yaakob, Fadhilah Mohd Ali, Suhaida Che Musa, Nurul Anessa Binti Rosley

{"title":"Mediation in Cases of Halal Abuse: A Consumer’s Perspective","authors":"Mustafa Afifi Ab Halim, Hendun Abdul Rahman, Adzidah Yaakob, Fadhilah Mohd Ali, Suhaida Che Musa, Nurul Anessa Binti Rosley","doi":"10.52028/rbadr.v5i10.art12.my","DOIUrl":"https://doi.org/10.52028/rbadr.v5i10.art12.my","url":null,"abstract":"Halal is a term that is frequently used in both Muslim and non-Muslim nations. A growing demand for Halal goods and services together with instances of fraudulent or incorrect claims regarding the adherence to Halal standards has increased consumers’ ethical and religious concerns. The Halal sector is faced with innumerable problems, both domestically and internationally, which are mostly related to the misuse of the Halal stamp and other offences related to the Halal logo. Consumers are generally becoming increasingly aware of the Halal logo and information regarding the Halal status of a product’s ingredients before making a purchase. This qualitative study intended to identify the need for mediation when resolving Halal-related disputes from a consumer’s perspective. Information and data were sourced from statutes, articles, journals, newspapers, and magazines. Findings from the document analysis indicated that consumer expectations and producer education on Halal standards, procedures, and practices can all be accomplished through mediation. The ensuing awareness could aid in averting potential conflicts and raise general consumer satisfaction concerning the current degree of Halal abuse prevalent in the consumer market.","PeriodicalId":101933,"journal":{"name":"REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION","volume":" 30","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138612684","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Impact of Digital Technologies on Alternative Dispute Resolution 数字技术对非诉讼纠纷解决方式的影响

REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION Pub Date : 2023-12-01 DOI: 10.52028/rbadr.v5i10.art16.ind

Tripti Bhushan

引用次数: 0

Unleashing Alternative Dispute Resolution (ADR) in Resolving Complex Legal- Technical Issues Arising in Cyberspace Lensing E-Commerce and Intellectual Property: Proliferation of E-Commerce Digital Economy 在解决网络空间中出现的复杂法律-技术问题时采用非诉讼纠纷解决方式（ADR） Lensing E-Commerce and Intellectual Property：电子商务与知识产权：电子商务数字经济的扩散

REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION Pub Date : 2023-12-01 DOI: 10.52028/rbadr.v5i10.art04.ind

Bhupinder Singh

{"title":"Unleashing Alternative Dispute Resolution (ADR) in Resolving Complex Legal- Technical Issues Arising in Cyberspace Lensing E-Commerce and Intellectual Property: Proliferation of E-Commerce Digital Economy","authors":"Bhupinder Singh","doi":"10.52028/rbadr.v5i10.art04.ind","DOIUrl":"https://doi.org/10.52028/rbadr.v5i10.art04.ind","url":null,"abstract":"The rapid growth of cyberspace has brought about numerous legal and technical challenges, often requiring innovative solutions for effective dispute resolution. The exponential growth of the digital era has ushered in a dynamic landscape known as cyberspace, replete with intricate legal and technical challenges. The online interactions and intellectual property rights become increasingly prevalent, that’s why the disputes and conflicts arise within this virtual realm. Navigating these multifaceted complexities requires innovative approaches to dispute resolution that transcend traditional legal paradigms. Alternative Dispute Resolution (ADR) emerges as a compelling solution offering a versatile toolkit for resolving disputes that meld intricate legal considerations with complex technological dimensions. By probing the depths of its methodologies, exploring its advantages and limitations, and addressing the integration of technical expertise into the dispute resolution process, we pave the way for an in-depth understanding of how ADR not only bridges the gap between law and technology but also propels the evolution of dispute resolution mechanisms in the ever-evolving realm of cyberspace. The paper explores the applicability of ADR methods, such as mediation, arbitration, and negotiation, to navigate complex disputes in online environments, focusing on e-commerce and intellectual property realms. By analyzing legal frameworks and practical implications, this paper highlights the benefits and challenges of employing ADR to resolve intricate disputes arising in the digital landscape.","PeriodicalId":101933,"journal":{"name":"REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION","volume":" 46","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138620852","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Introduction to Singapore International Mediation Centre – SIMC 新加坡国际调解中心简介

REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION Pub Date : 2023-06-01 DOI: 10.52028/rbadr.v5i9.simc

Chuan Wee Meng

{"title":"Introduction to Singapore International Mediation Centre – SIMC","authors":"Chuan Wee Meng","doi":"10.52028/rbadr.v5i9.simc","DOIUrl":"https://doi.org/10.52028/rbadr.v5i9.simc","url":null,"abstract":"Mediation is about collaboration: SIMC is pleased to collaborate with the Brazilian Centre for Mediation and Arbitration – CBMA to collate this special series of articles dedicated to Mediation in Asia for the Brazilian Journal for Alternative Dispute Resolution – RBADR, Issue 9. SIMC was set up in 2014 as a not-for-profit organisation that offers professional dispute resolution services tailored to the evolving needs of businesses, working across multiple jurisdictions covering both common and civil law traditions. Over the last 9 years, SIMC has seen its caseload grow by multiple folds to a total of more than 300 case filings with a total dispute value of US$15.6 billion. The parties are from more than 50 countries. These disputes arise from various industries and specialty areas: construction, shipping, energy, intellectual property and most recently from investor-state disputes and cryptocurrency disputes. We have also been organising mediation workshops in various cities to train mediators from China, India, Japan, South Korea, Sri Lanka, Maldives, Philippines, Pakistan, Mongolia, Nepal and other Asian countries. In August 2023, we will hold a workshop in Costa Rica with participants from the Latin American region representing countries such as Costa Rica, Mexico, Colombia, Peru, Brazil and the Bahamas. We are helping to build a global community of experienced and passionate mediators to support counsel and parties to resolve disputes in a professional, creative and cost-effective way. With the signing of the Singapore Convention on Mediation in 2019 and its coming into force in 2020, we expect to see many more countries sign and ratify the Convention in the years ahead. We are privileged to be at this juncture in history to witness and participate in the growth of mediation globally.","PeriodicalId":101933,"journal":{"name":"REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117194933","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Dispute Board Manual: A Guide To Best Practices And Procedures 争议委员会手册:最佳做法和程序指南

REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION Pub Date : 2023-06-01 DOI: 10.52028/rbadr.v5i9.res-dbm

Daniel Brantes Ferreira, Elizaveta A. Gromova, Bianca Oliveira de Farias

引用次数: 0

Future of Dispute Resolution and Investment in BRICS 金砖国家争端解决和投资的未来

REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION Pub Date : 2022-12-01 DOI: 10.52028/rbadr.v4i8.9

Naazish Fatima

引用次数: 0