If either party doesn’t like the Judge’s decision, they can appeal it. This process, however, costs more time and money, and offers no guarantee that the Judge’s original decision will be overturned. Like every other matter/object, litigation also has some benefits and negatives. Arbitration is for the protection from domestic violence and harassment caused to the
To ban speech for this reason, i.e.,for the good of the speaker, tends to undermine the basic right to free speech in the first place. If we turn to the local community who were on the wrong end of hate speech we might want to claim that they could be psychologically harmed, but this is more difficult to demonstrate than harm to a person 's legal rights. It seems, therefore, that Mill 's argument does not allow for state intervention in this case. If we base our defense of speech on the harm principle we are going to have very few sanctions imposed on the spoken and written word. It is only when we can show direct harm to rights, which will almost always mean when an attack is made against a specific individual or a small group of persons, that it is legitimate to impose a sanction.
Alternative dispute resolution is any method of dispute settlement other than by litigation. It implies settling of disputes outside (a) courtroom(s). Abbreviated as ADR, courts may be required to evaluate the legitimacy of ADR methods, but they will rarely overturn its decisions and awards if the conflicting parties formed a valid contract to abide by them. The major forms of ADR include arbitration and mediation. The increasing cost of legal action has made traditional lawsuits impractical for many individuals and businesses.
The computational complexity is introduced when a bid taker is forced to reason about packages of lots (rather than being allowed to focus on a bidder’s performance on an individual lot) when trying to find the optimal overall outcome. In a single lot setting the winning bidder will always submit the most competitive price on a lot, this assumption no longer holds in a multi-lot setting where a bid taker may be willing to forego profit on an individual lot in order to
Unfortunately such groups owing to their access to limited resources and limited knowledge fall are unable to preserve their culture and often fall prey to the capitalists who misuse their culture for pecuniary benefits and many a times, even succeed to get protection rights over the same. Given the complex legal, social, cultural and historical dimensions of disputes over Traditional knowledge and genetic resources, engagement in constructive dialogue would only create a conducive atmosphere where the indigenous people and traditional and local communities would feel more comfortable in resolving a conflict, rather than in a judicial process addressing only questions of law. With ADR, the parties are provided opportunities to take into account, various issues other than legal norms in the context of dispute resolution. The WIPO International survey on dispute resolution in Technology transaction has held Arbitration as the most popular method among available dispute resolution systems. The WIPO has provided for the establishment of both tribunals and permanent ADR body such as the International Court of Arbitration of the International Chamber of Commerce, the WIPO Arbitration and Mediation Center for settlement of conflicts which the indigenous people can refer to, as per their
Disadvantage – The mediator might or might not be legally trained professionals as mediator does not really understand the case. Arbitration Arbitration is a controversial matter submitted to an impartial person (arbitration) decision. It is usually tribunal settling the dispute. Process
Moreover, they must face evidence which is highly technical (Hostettler, 2004). They have to decide important matters, verdicts, without giving reasons about their decision (Hostettler, 2004); they can nullify a verdict even if the evidence is overwhelming (Joyce, 2013). Furthermore, juries are too expensive, prolong the length of the trial (Davies, 2015) and the guilty can walk free, while the innocent is convicted (Joyce, 2013). In addition, jurors should be representative of society, but it is not
In the current environment, integrity is not discussed or acknowledged nearly enough. “The end justifies the means” has become acceptable to far too many. It could be argued that a person could achieve one’s desired result with or without following the principle of integrity, perhaps, in the latter case, with greater speed and ease. Yet, there is a heavy price to be paid for the lack of integrity and the consequences are far reaching. The person loses the most important thing -
Arbitration can be an effective way to make resolution easier. It can also be seen as a less thorough way to resolve a complex issue. As judicial systems are often regarded as overcomplicated and time consuming, arbitration has become popular in many industries, including some of those that focus on the high seas. Thus what this dissertation will try to look into the various policies in the form of both legislative and judicial which govern this form of maritime arbitration between the nation
Specific Performance can be granted only by the court in the exercise of its equity powers, subsequent to a determination of whether a valid contract can be enforced exist and an evaluation of the relief sought. As a general rule, specific performance is applied in breach of contract actions where monetary damages are inadequate, primarily where the contract involves land and unique chattel. Damages for the breach of a contract for the sale of ordinary personal property are, in most cases, readily ascertainable and recoverable so that specific performance will not be granted. The advantage of this remedy is that, since it is an order of an equity court it is also been supported by the enforcement power of that court. If the defendant refuses to obey that order, she can be cited for criminal contempt and even imprisoned.