Revista Brasileira de Alternative Dispute Resolution最新文献

Authentication and verification in arbitration proceedings 仲裁程序中的认证与核查

Revista Brasileira de Alternative Dispute Resolution Pub Date : 2024-06-01 DOI: 10.52028/rbadr.v6.i11.art12.ru

Nikita Makolkin, D. Valeev

引用次数: 0

Enforceability of agreements to mediate and mediated settlement agreements in Albania 阿尔巴尼亚调解协议和经调解达成的和解协议的可执行性

Revista Brasileira de Alternative Dispute Resolution Pub Date : 2024-06-01 DOI: 10.52028/rbadr.v6.i11.art09.al

Flutura Kola Tafaj, Silvana Çinari

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Mediation as an effective way to settle economic disputes: Current experience and prospects for development 调解作为解决经济纠纷的有效途径：当前经验和发展前景

Revista Brasileira de Alternative Dispute Resolution Pub Date : 2024-06-01 DOI: 10.52028/rbadr.v6.i11.art08.ru

F. Konova

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Arbitragem e energia no Brasil 巴西的仲裁与能源

Revista Brasileira de Alternative Dispute Resolution Pub Date : 2024-06-01 DOI: 10.52028/rbadr.v6.i11.art04.br

Barbara Bianca Sena

{"title":"Arbitragem e energia no Brasil","authors":"Barbara Bianca Sena","doi":"10.52028/rbadr.v6.i11.art04.br","DOIUrl":"https://doi.org/10.52028/rbadr.v6.i11.art04.br","url":null,"abstract":"The electric industry encompasses the segments of energy generation, transmission, and distribution. It comprises intensive infrastructure investments and energy commercialization. Events related to energy transition and the integration of disruptive technologies have altered the sector’s landscape, requiring system flexibility and increased regulatory proactivity. Additionally, it demands structural, operational, and market changes. The sector is disruptive in terms of governance and operational, market, and legal aspects. In the 2000s, the introduction of competitive areas in the electric industry was the first step towards the use of arbitration, driven by regulatory reforms and in response to the country’s energy crisis, which also led to the first arbitration in the Brazilian electric sector involving the Public Administration. Law nº 10.848/2004 currently makes arbitration mandatory in energy trading contracts managed by the CCEE. Arbitration also finds space in other forms of energy negotiation, such as contracts for mini and micro-distributed generation and energy derivatives. The context of modernization increased renewable energy production and market opening create opportunities for arbitration expansion. There is also potential for further development in enabling relationships of capital-intensive electric industry activities. The paper provides data on the state of the art of these contracts in the Brazilian electric sector, indicating under what circumstances arbitration could enhance governance in the industry.","PeriodicalId":473863,"journal":{"name":"Revista Brasileira de Alternative Dispute Resolution","volume":"17 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141231875","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

Legal anomie in the sphere of alternative (out-of-court) dispute resolution 非诉讼（庭外）纠纷解决方式领域的法律异常现象

Revista Brasileira de Alternative Dispute Resolution Pub Date : 2024-06-01 DOI: 10.52028/rbadr.v6.i11.art06.ru

Dmitry A. Lipinsky

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Social protection strategies in relations between Ukraine and the European Union 乌克兰与欧盟关系中的社会保护战略

Revista Brasileira de Alternative Dispute Resolution Pub Date : 2024-06-01 DOI: 10.52028/rbadr.v6.i11.art13.ukr

Oleg M. Yaroshenko, Olga І. Demenko, Olena V. Moskalenko, Andrey M. Sliusar, Natalya M. Vapnyarchuk

{"title":"Social protection strategies in relations between Ukraine and the European Union","authors":"Oleg M. Yaroshenko, Olga І. Demenko, Olena V. Moskalenko, Andrey M. Sliusar, Natalya M. Vapnyarchuk","doi":"10.52028/rbadr.v6.i11.art13.ukr","DOIUrl":"https://doi.org/10.52028/rbadr.v6.i11.art13.ukr","url":null,"abstract":"In today’s world, social protection is becoming an increasingly important topic that combines economic, political, and social aspects. Regardless of the level of development of a country, people are constantly looking for ways to ensure their well-being and protect themselves from negative influences. Social protection strategies are of particular importance in relations between Ukraine and the European Union. Ukraine, as a sovereign state, monitors the needs of its population and tries to adapt its social system to European standards. Therefore, the purpose of the study is to analyze the current state and prospects for the development of social protection strategies in Ukraine in the context of cooperation with the European Union to identify possible areas for improving the social sphere and ensuring a high level of social protection for the Ukrainian population. The study uses a variety of methods, including analysis, synthesis, induction, deduction, comparative legal, dialectical, and others. Considering cooperation with the European Union helps to solve socioeconomic problems and ensure a high level of social protection.","PeriodicalId":473863,"journal":{"name":"Revista Brasileira de Alternative Dispute Resolution","volume":"4 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141229150","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 Court of Arbitration for Sport and Athlete Protests: A Focus on the 2020 Tokyo Olympics 体育仲裁法庭与运动员抗议：聚焦 2020 年东京奥运会

Revista Brasileira de Alternative Dispute Resolution Pub Date : 2024-06-01 DOI: 10.52028/rbadr.v6.i11.art17.in

Tushar Sharma

{"title":"The Court of Arbitration for Sport and Athlete Protests: A Focus on the 2020 Tokyo Olympics","authors":"Tushar Sharma","doi":"10.52028/rbadr.v6.i11.art17.in","DOIUrl":"https://doi.org/10.52028/rbadr.v6.i11.art17.in","url":null,"abstract":"This research paper aims to delve into the complex intersection of athlete protests, political expressions in sports, and the Court of Arbitration for Sport’s (CAS) role, particularly emphasizing the 2020 Tokyo Olympics. An exploratory design is employed, combining historical context with analytical insight. The structure covers an introduction to CAS and the significance of athlete protests, traces the historical precedent of political expressions in Olympic Games, elaborates on the jurisdiction and procedures of CAS, provides a meticulous overview of the 2020 Tokyo Olympics controversies, and conducts a comparative analysis with previous Olympic CAS rulings. The 2020 Tokyo Olympics witnessed an unprecedented surge in athlete protests and political expressions. Key CAS rulings during these games had a profound influence on athlete behaviour, public opinion, and the stance of the Olympic Committee. Notably, CAS’s decisions revealed a cautious approach, balancing the Olympic guidelines and athlete rights. The study illuminates the evolving dynamics between sports institutions and athlete expressions. CAS, as an adjudicatory body, plays a pivotal role in shaping the trajectory of such protests, potentially influencing future Olympic policies. Gaining insights into the intricacies of the CAS decisions empowers sports professionals, athletes, and decision-makers to predict the possible outcomes of upcoming disputes. This in turn contributes to more seamless Olympic events. The present study delves deeply into the CAS’s engagement with athlete protests during the 2020 Tokyo Olympics. Distinct from previous research, this work amalgamates historical, procedural, and ethical dimensions, offering a comprehensive understanding of an area that is both intricate and under the global spotlight.","PeriodicalId":473863,"journal":{"name":"Revista Brasileira de Alternative Dispute Resolution","volume":"1 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141229954","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 and judicial conciliation in family disputes in Russia: Issues and perspectives for development 俄罗斯家庭纠纷中的调解和司法和解：问题与发展前景

Revista Brasileira de Alternative Dispute Resolution Pub Date : 2024-06-01 DOI: 10.52028/rbadr.v6.i11.art07.ru

Farida Khamidullina, Pavel Yakushev

引用次数: 0

Legal liability of mediators 调解人的法律责任

Revista Brasileira de Alternative Dispute Resolution Pub Date : 2024-06-01 DOI: 10.52028/rbadr.v6.i11.art10.ru

Guzel Valeeva

{"title":"Legal liability of mediators","authors":"Guzel Valeeva","doi":"10.52028/rbadr.v6.i11.art10.ru","DOIUrl":"https://doi.org/10.52028/rbadr.v6.i11.art10.ru","url":null,"abstract":"The aim of the research is to identify possible gaps in the regulation of the legal liability of mediators and parties to the mediation process. The research methodology involved the use of dialectical, formal-legal, and comparative legal methods, as well as techniques of analysis and synthesis, deduction and induction, philosophical laws of unity and struggle of opposites, denial of negation, and others. In the main content, the legal liability of mediators is analyzed from the perspective of its positive and negative components, and the legal character of various manifestations of the legal liability of mediators and their place in the modern system of legal liability is identified. Significant attention is paid to the positive liability of mediators and its legal character is justified. In conclusion it is clarified that the institution of mediation as a whole and the legal liability of mediators in Russia are in the process of formation. It is proven that the legal liability of mediators has a public-law rather than a private-law character. Legal gaps in the regulation of the legal liability of mediators, as well as other parties to the mediation process, are identified, and ways to eliminate them are proposed.","PeriodicalId":473863,"journal":{"name":"Revista Brasileira de Alternative Dispute Resolution","volume":"12 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141231902","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

Impacto da mediação familiar em Portugal. Pressupostos e avaliação 葡萄牙家庭调解的影响。假设与评估

Revista Brasileira de Alternative Dispute Resolution Pub Date : 2024-06-01 DOI: 10.52028/rbadr.v6.i11.art01.pt

Ana Melro

引用次数: 0