REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION最新文献

{"title":"Arbitragem trabalhista na visão econômica do Direito","authors":"Adrianne Silva Maragno","doi":"10.52028/rbadr.v3i5.1","DOIUrl":"https://doi.org/10.52028/rbadr.v3i5.1","url":null,"abstract":"The article will analyze the labor arbitration institute, from an economic point of view, in relation to the employer, employee and the society itself – art 507-A of the CLT. Aiming for the social growth for all, the rules must bring benefits to the community and be written in a clear and objective way to enable the understanding so that the population fulfills its legal rights and obligations. If a conflict arises, it can use one of the appropriate forms of conflict resolution – conciliation, mediation and arbitration – in order to minimize transaction costs. It is faster, less costly and more informal in relation to the Judiciary system. Economically, the standard in question presents favorable and unfavorable, but more advantageous for the parties involved.","PeriodicalId":101933,"journal":{"name":"REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128407026","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":"Applying Conflict Coaching to Handle Vietnamese Family’s Conflicts","authors":"Hang Bui Thanh","doi":"10.52028/rbadr.v3i5.6","DOIUrl":"https://doi.org/10.52028/rbadr.v3i5.6","url":null,"abstract":"Conflict coaching is one-on-one conflict resolution process involving one conflict party and a coach that assists conflicting parties to improve their understanding of a conflict and cope with their dispute in the most effective way.1 This process has become more popular in developed countries to deal with workplace conflict and family disputes. There are some challenges in applying this process for those who come from high-context culture country like Vietnam due to the differences among financial condition, perception, communication styles, legal system, customs, religion and gender. This article presents different conflict coaching processes as well as the possibility and the importance of implementing conflict coaching in Vietnam by analyzing the values of conflict coaching process.","PeriodicalId":101933,"journal":{"name":"REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124555492","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":"A aplicação dos dispute boards nos contratos empresariais no Brasil","authors":"Marianna Reis Porto, Jonábio Barbosa dos Santos","doi":"10.52028/rbadr.v3i5.7","DOIUrl":"https://doi.org/10.52028/rbadr.v3i5.7","url":null,"abstract":"The present work aims to analyze, from a legal point of view, the application of dispute boards in the Brazilian legal system, focused on private business contracts, so that, initially, the use of these types of business in Brazil was studied, and later, the application of extrajudicial means of conflicts applied to business transactions, with a view to the principles of autonomy of will and cooperation, in view of the slowness and legal uncertainty faced by entrepreneurs when resolving their disputes. Finally, it was possible to examine the execution of dispute boards in the legal system, demonstrating their compatibility with local laws and the advantages that their use can bring, which, however, still suffers an obstacle due to its lack of regulation, which prevents decisions have bound.","PeriodicalId":101933,"journal":{"name":"REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION","volume":"2014 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130081215","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":"O caso Enka Insaat v. Insurance Company Chubb e a questão relativa à lei aplicável à cláusula arbitral: entre a lex contractus e a Lei da Sede","authors":"Nadia de Araujo, Caio Gomes de Freitas","doi":"10.52028/rbadr.v3i5.8","DOIUrl":"https://doi.org/10.52028/rbadr.v3i5.8","url":null,"abstract":"When negotiating a contract, parties usually establish that future and eventual disputes arising out and related to the performance of their obligations shall be resolved by arbitration. Such a choice, a clear expression of the principle of party autonomy, is embedded in a contractual clause, commonly referred to as arbitration agreement. The way by which the agreement is written and, to some extent, how it is construed can, and most commonly will, result in extensive and costly disputes. In the UK, the Supreme Court has recently decided a case related to the construction of an arbitration agreement, specifically to the law applicable to its validity, scope and effectiveness. According to the Court, in the absence of an express choice made by the parties, the system of law chosen to govern the substance of the contract will apply to the validity and scope of the agreement to arbitrate. Where no such choice is expressly or implied made by the parties, it will be the law of the seat of arbitration since it represents the system of law most closely connected to the agreement. This article reviews the case-law and provides some relevant excerpts of the case.","PeriodicalId":101933,"journal":{"name":"REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115087296","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":"EU Data Protection Regulation and How It Affects Arbitration and ADR-ODR","authors":"Olga N. Tsiptse","doi":"10.52028/rbadr.v3i5.9","DOIUrl":"https://doi.org/10.52028/rbadr.v3i5.9","url":null,"abstract":"On May 2018 a European Regulation, with direct force to all European Members, was in action. The General Data Protection Regulation, EU2016/679. A severe Regulation that was published in 2016 and set a 2-year period of time for all the Member States to be adjusted. This text, that implies huge fines for noncompliance, also affects the ADR mechanisms, like Arbitration, Mediation, etc. There is a paramount importance Principle of accountability, that GDPR implies, which requires data controllers to take personal responsibility for data protection compliance and record the measures they take to comply with their data protection obligations. Even almost 3 years have passed, the issues still remain: How is the interaction between ADR and GDPR? Which are the roles of the actors of alternative dispute resolution methods, and due to these roles which are the responsibilities? What is considered a lawful process, in accordance with GDPR, during the procedure of an ADR mechanism? It is also paramount to take into consideration, that the scope of that European Regulation affects directly even actors of non-EU territory, according to article 3.2 & 3 GDPR: 2. This Regulation applies to the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to: - the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union; or – the monitoring of their behavior as far as their behavior takes place within the Union. 3. This Regulation applies to the processing of personal data by a controller not established in the Union, but in a place where Member State law applies by virtue of public international law.","PeriodicalId":101933,"journal":{"name":"REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122270652","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":"O Regulamento de Arbitragem Esportiva do CBMA","authors":"","doi":"10.52028/rbadr.v1i1.8","DOIUrl":"https://doi.org/10.52028/rbadr.v1i1.8","url":null,"abstract":"In 2016, the Brazilian Football Confederation (CBF) instituted a new dispute resolution system for the Brazilian football market, upon the reform of its National Dispute Resolution Chamber (the so-called CNRD), with jurisdiction to settle disputes regarding a wide variety issues, from labor and commercial matters to disciplinary ones. Chosen to review the decisions of CNRD in appeal, the Centro Brasileiro de Mediação e Arbitragem (CBMA) – one of the most well-known and vanguardist arbitral institutions in Brazil, funcioning in commercial arbitration since 2002 – sought inspiration from the Swiss-based Court of Arbitration for Sport (CAS), which for more than three decades has been serving as the supreme body of the international “sports justice”, in order to draft its own Regulations on Sports-related Arbitration, the first of its kind in Brazil and one of the few in the world to deal exclusively with arbitration in matters related to sports law. In this context, this article will examine the origins of CAS and the main peculiarities of its code, explaining how its model was adapted to the reality and needs of the Brazilian market.","PeriodicalId":101933,"journal":{"name":"REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116097616","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":"Arbitragem para a resolução de controvérsias laborais no futebol brasileiro","authors":"L. Oliveira","doi":"10.52028/rbadr.v1i1.6","DOIUrl":"https://doi.org/10.52028/rbadr.v1i1.6","url":null,"abstract":"This article intends to discuss arbitration as a way to solve labor conflicts in Brazilian soccer.","PeriodicalId":101933,"journal":{"name":"REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION","volume":"80 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130146241","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":"A autocomposição de conflitos na Câmara de Conciliação e arbitragem da Administração Federal: estudo do caso - UNIFESP x União","authors":"L. Cuéllar, E. Moreira","doi":"10.52028/rbadr.v1i1.1","DOIUrl":"https://doi.org/10.52028/rbadr.v1i1.1","url":null,"abstract":"The article analyses the role of the “Mediation Chambers” in the Public Administration, according to the Civil Procedure Code (2015) and the Mediation Act (2015). It examines the nature of such chambers, their operation and limits.","PeriodicalId":101933,"journal":{"name":"REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133709644","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":"Arbitragem nos contratos da Administração Pública","authors":"R. Oliveira","doi":"10.52028/rbadr.v1i1.5","DOIUrl":"https://doi.org/10.52028/rbadr.v1i1.5","url":null,"abstract":"This article intends to present and discuss the main challenges regarding the use of arbitration in Public Administration contracts.","PeriodicalId":101933,"journal":{"name":"REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION","volume":"223 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132325592","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 alternative dispute resolution system in Italy: between harmonization with the requirements of European markets and de-juridicalization","authors":"Giampiero D'Alessandro","doi":"10.52028/rbadr.v1i1.4","DOIUrl":"https://doi.org/10.52028/rbadr.v1i1.4","url":null,"abstract":"The topic of Alternative Dispute Resolution is comprehensively presented in Italy because of two different demands. The first is a demand presented at the European level to adopt measures that are meant to align the legal and regulatory provisions of different member States, even through the development of alternative methods for dispute resolution, in order to guarantee better access to justice at large, and this can be done through the use of supplemental and alternative dispute resolution methods which are of equal dignity to court proceedings. The second demand is presented at the national level and aims respond to the slowness of local court proceedings through so-called de-juridicalization, where legislations pertaining to A.D.R were supplemented with emergency measures that now include alternative tools among them. This complex tableau led to the creation of very detailed tools for dispute resolution on the civil front, tools that were often borrowed from foreign experiences. This paper wishes to offer a general framework of the principal players, without necessarily being exhaustive. In fact, in addition to Arbitration, which finds its origins in the Civil Code, Italian regulators have added over time procedures for civil and commercial mediation, assisted negotiation, settlement procedures for overindebtedness crisis and mediation on matters of energy and telecommunications and, more in general, on consumer matters. Some of these tools take on a principally deflationary function on matters of civil disputes where these same tools are considered necessary and constitute a condition of admissibility to be able to start legal proceedings. Faced with this complex tableau, in 2016 the Italian Ministry of Justice established a research committee, composed of professors, judges, lawyers and notaries who were entrusted with the task reassessing organically the matter with the aim of developing “de-juridicalization” tools using mediation, assisted negotiations and arbitration. In January 2017, this Commission, at the end of its tenure, presented a series of proposal to modify the legislation that was then in force. These proposals are to this day still under consideration by the Ministry of Justice. The establishment of the aforementioned Commission seemed justified because of the imminent termination of the implementation period for the compulsory mediation required by law for some disputes on civil and commercial matters, pursuant to Article 5, para. 1-bis, of Legal Decree 28/20106 that, instead, found a solution after changes made to convert Legislative Decree No. 50, April 24, 2017,7 through the so-called corrective action of 2017, into Law No. 96 of June 21, 2017.","PeriodicalId":101933,"journal":{"name":"REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION","volume":"2011 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116953156","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}