REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION最新文献

{"title":"The Brazilian domestic regulation of arbitration by Public Administration: a comparative and critical approach.","authors":"Rafael Oliveira, L. Souza","doi":"10.52028/rbadr.v4i7.11","DOIUrl":"https://doi.org/10.52028/rbadr.v4i7.11","url":null,"abstract":"This article addresses the relevant aspects of the arbitration standards that Public Administration entities have been edited. Due to its nature as a general law, Federal Arbitration Law allows public entities that wish to use this institute the specific treatment of concepts and criteria according to their particularities. Under a constitutional, historical and comparative analysis, we discuss the importance of such regulations for the consecration of legal certainty in applying arbitration by the Public Power.","PeriodicalId":101933,"journal":{"name":"REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122113912","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}

{"title":"Prior Corporate Insolvency System - previous mediation and conciliation","authors":"Gustav Schmidt, Juliana Bumachar","doi":"10.52028/rbadr.v4i7.7","DOIUrl":"https://doi.org/10.52028/rbadr.v4i7.7","url":null,"abstract":"This paper addresses, from a theoretical and dogmatic perspective, the new legal doctrine applicable to previous mediation and conciliation in the reorganization of companies in difficulty. The central argument is that mediation (and all other non-adversarial methods of conflicts) can contribute significantly to making recovery plans more transparent. Therefore it allows for realistic and sustainable reorganizations plans, adapts to the interests of creditors and the company, and increases the commitment of all stakeholders to the company's recovery. Keywords: mediation; conciliation; alternative dispute resolution. company reorganization; Act nº 14.112/2020.","PeriodicalId":101933,"journal":{"name":"REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117136546","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}

{"title":"Alternative ways of resolving shareholder disputes in property relations in Ukraine and the EU","authors":"B. Derevyanko, D. Selikhov, Nadiia Armash, O. Severinova, I. Orlova","doi":"10.52028/rbadr.v4i7.4","DOIUrl":"https://doi.org/10.52028/rbadr.v4i7.4","url":null,"abstract":"In the conditions of a war caused by the invasion of Russian troops on the territory of Ukraine in February 2022, an unstable exchange rate of the dollar and euro, the suspension of various structures. After such a full-scale invasion, Ukraine will need more than a decade to restore the economy. All business entities must work and ensure economic recovery. For the proper functioning of joint-stock companies, it is necessary that their activities are not hindered by the delayed resolution of disputes in court. It is necessary to settle disputes that arise in joint-stock companies using alternative","PeriodicalId":101933,"journal":{"name":"REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121593806","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}

{"title":"The Singapore Convention in the Framework of the Investor-State Dispute Settlement System","authors":"Anna Cometti, Valesca Moschen","doi":"10.52028/rbadr.v4i7.3","DOIUrl":"https://doi.org/10.52028/rbadr.v4i7.3","url":null,"abstract":"The aim of the present contribution is to analyse the plausibility of the extension of the scope of the Singapore Convention on Mediation to include settlement agreements arising out of investor-State mediation. To this end, the paper firstly approaches the ISDS crisis jointly with the UNCITRAL Working Group III reform proposals. Secondly, analyses the use of mediation in the scope of investor-State disputes and the rise of the Singapore Convention on mediation. Finally, argues for the applicability of the Convention to the context of ISDS. In addition, this work comprises the hypothetical-deductive methodology through the analysis of normative texts, cases and international instruments","PeriodicalId":101933,"journal":{"name":"REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123084276","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}

{"title":"Conditions for conclusion an agreement in criminal proceedings with the participation of the victim’s representative","authors":"V. Zavydniak, Galina Mular, T. Chasova, I. Sopilko, Nataliya Mudrolyubova","doi":"10.52028/rbadr.v4i7.15","DOIUrl":"https://doi.org/10.52028/rbadr.v4i7.15","url":null,"abstract":"The main task of this article is to study the essence and purpose of the institute of criminal proceedings “conclusion of an agreement in criminal proceedings”, to reveal the application of this institute of criminal proceedings in practice, to determine its role in legal and social life and to study the conditions of conclusion of the above agreement for a peaceful resolution of the dispute between parties. Among the methods by which the problem of the given topic is studied it is possible to distinguish a dialectic method, comparative-legal, system method, historical-legal, formal-legal method,method of analysis and synthesis. The authors studied the experience of foreign countries in combating corruption and proposed to introduce international experience in the national legislation for successful experience of entering into agreements in criminal proceedings, as well as for the effectiveness of these agreements and maximum compliance with the rights of the parties of the disputes. The study describes the current state of legal acts regulating the conclusion of agreements, the concept of agreements in criminal proceedings and their types and the main reasons for the conclusion of agreements, the terms of the agreement between the parties to criminal proceedings as a wat for a peaceful resolution of disputes, the stages and elements of the conclusion of agreements. The participation of the victim in the process of concluding the agreement was also investigated. On the example of international experience of development and application of this institute the establishment of the institute and its further development, as well as the conditions of conclusion of the agreement in such states are investigated.","PeriodicalId":101933,"journal":{"name":"REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129324441","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}

{"title":"The active position of the court is the basis for the successful application of alternative measures in criminal proceedings","authors":"G. Rusman","doi":"10.52028/rbadr.v4i7.6","DOIUrl":"https://doi.org/10.52028/rbadr.v4i7.6","url":null,"abstract":"The institution of encouragement in criminal proceedings is an alternative form of making a final decision on a criminal case. The resolution of a criminal case through the use of incentive forms entailing the release from criminal liability of the defendant involves active actions of participants in procedural relations: the will and desire of the parties to terminate the criminal case in one of the alternative ways to the court verdict; negotiating to determine the main mutually beneficial conditions and their coordination; the fulfillment of these conditions and the final confirmation of such agreements by a single «conventional» petition for the termination of the criminal case on the appropriate grounds. The parties exercise active procedural powers within the framework of the principles of disposability and adversarial criminal proceedings. This indicates the universality of the incentive norm. It is possible to effectively apply alternative measures in criminal proceedings with the mandatory explanation by the court to the persons participating in the case of the procedural possibilities of these measures. The conducted analysis indicates the need for legislative consolidation of the procedural obligation of the court when considering criminal cases against persons brought to criminal responsibility for the first time on charges of committing a crime of small or medium gravity, to explain to the participants of the process the non-rehabilitating grounds for termination of criminal prosecution provided by the current legislation. The author believes that this duty of the court will allow to resolve the issue of initiating the procedure for the application of incentive norms by the parties, as well as the court to understand the procedural perspective of this procedure for resolving a criminal case.","PeriodicalId":101933,"journal":{"name":"REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132059893","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}

{"title":"Online Sports Betting in Brazil and conflict solution clauses","authors":"D. Ferreira, E. Gromova, Bianca Farias, C. Giovannini","doi":"10.52028/rbadr.v4i7.5","DOIUrl":"https://doi.org/10.52028/rbadr.v4i7.5","url":null,"abstract":"Sports betting sites are now a reality in Brazil. According to Exame1 magazine, in 2018, it moved around 2 billion reais per year, and with the imminent regulation of Act n. 13.756 /2018, it should move approximately 8 billion reais annually. Online gambling will only reach the peak of its market, according to Rohan Miller,2 when consumers’ risk perception is reduced or neutralized. Questions such as who to look for if something goes wrong and which laws apply in the event of a conflict should be answered clearly by the betting sites’ Terms of Service (EULAs). Therefore, this article’s general objective will be to analyze the methods of conflict resolution included in the Terms of Use of the 9 (nine) main sports betting sites used by Brazilians, namely: 1. Bet365; 2. SportingBet; 3. Betboo; 4. Betway; 5. Rivalo. 6. 22Bet; 7. Betmotion; 8. Bumbet; 9. Bet9. As a specific objective, we will analyze the mediation and arbitration procedures as well as the statistics of two ODR (Online Dispute Resolution) service sites used by the betting sites: the e-Commerce Online Gaming Regulation and Assurance (e-Cogra - online mediation service ) and Independent Betting Adjudication Service (IBAS online arbitration service). Both legally based in England. We could realize that the Brazilian bettor, as a rule, does not read the terms of service and is unaware of the conflict resolution clause provided by the website. Besides, through data analysis from eCOGRA and IBSA, we can state that Brazilian gamblers who access ODR service providers are very rare both because they are unaware and because of linguistic difficulties. Also, the chances of success in resolving conflicts in favor of the consumer through mediation are greater than through online arbitration. In short, we can say that the model established by the UK Gambling Act and the Great Britain Gambling Commission is a model that guarantees the fundamental principles of both mediation and arbitration (impartiality, due process, and easy access). The fact that arbitration and mediation are not binding on bettors under any circumstances also guarantees the parties equal treatment.","PeriodicalId":101933,"journal":{"name":"REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115505479","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}

{"title":"Extrajudicial bodies for labor conflicts resolution","authors":"Ruslan Piestsov, L. Kupina, N. Karpova, S. Vyshnovetska, Iryna Ustynova","doi":"10.52028/rbadr.v4i7.12","DOIUrl":"https://doi.org/10.52028/rbadr.v4i7.12","url":null,"abstract":"The article studies the legal status of extrajudicial bodies for the resolution of labor conflicts as well as the procedure of labor conflicts resolution. It also analyses domestic and foreign extrajudicial bodies experience in resolving labor disputes. The resolution of labor disputes is traditionally associated with the judiciary. However, due to the overload of the latter, the length of the judicial procedure of considering and resolving conflicts and the high level of court costs, the search for alternative extrajudicial solutions to labor disputes is highly in demand. On the other hand, alternative extrajudicial methods of resolving labor disputes will significantly reduce the workload of judicial bodies and the social tension among the participants in the process of resolving labor disputes. The comradely courts were endowed with the trust of the staff, acted as its willpower and were accountable to it. These courts turned into a kind of public courts which were created to consider and resolve minor legal conflicts that did not affect essential human rights. The main purpose of the newly created comradely courts was to educate people through persuasion and social influence. Their activity was based on such principles as production-territorial principle, that of expediency, election and accountability of judges. In addition, the comradely courts, as a body of justice, operated on the same principles as courts of general jurisdiction, in particular, election and independence of judges, open and oral character of court proceedings.","PeriodicalId":101933,"journal":{"name":"REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127292673","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}

{"title":"RBADR Volume 4 Issue 7 Editorial","authors":"G. Schmidt, Ferreira Daniel","doi":"10.52028/rbadr.v4i7.1","DOIUrl":"https://doi.org/10.52028/rbadr.v4i7.1","url":null,"abstract":"Issue Editorial","PeriodicalId":101933,"journal":{"name":"REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129453871","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}

{"title":"The Development of New Technology Intergration in E-commerce Dispute Resolution in Vietnam","authors":"T. Nam, N. Minh, Tran Vai, Thomas G. Giglione","doi":"10.52028/rbadr.v4i7.13","DOIUrl":"https://doi.org/10.52028/rbadr.v4i7.13","url":null,"abstract":"Regulatory authorities all over the world are making plans to observe and advise cryptocurrency action in their countries in a responsible way. This is to ensure, among other things, market rate behavior, market economics, the implementation and regulation of tax laws, and consumer safety inside the distinctive attributes of the investments, all while encouraging the development of a profitable bitcoin economy. Vietnam is no different, especially as cryptocurrencies are known to be cross-jurisdictional, and as such, supervisory difficulties do not end at state boundaries. Recent developments in Vietnam indicate that they are moving toward cross-jurisdictional regulatory norms to promote regulatory clarity, remove loopholes, and prevent regulatory arbitrage, all while adhering to stringent currency control. There also has been some recent recognition of crypto-based inventions and efficiency in money and trade, notably for cross-border dealings. Some progressive examples in this paper are illustrated to develop dispute resolution mechanisms for e-commerce using new technology. Recommendations are made in respect to the use of viewpoints of a comprehensive cross-section of the Quadratic Voting /Smart Contracts with permission-based blockchain network as useful tools to assist Vietnamese controllers in emerging online dispute mechanisms towards a streamlined e-commerce economy.","PeriodicalId":101933,"journal":{"name":"REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129801942","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}