Preview

arbitration

Powerful Essays
Open Document
Open Document
7126 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
arbitration
Title: Legal Effects of Implementing Arbitration or Mediation Mechanisms in the Corporate Governance. Research Proposal
Submitted by
MD. MAMONOR RASHID
Metric No: 815250
Department of Law
Master of Laws (Full Research)
Universiti Utara Malaysia. Supervisor
ROHANA ABDUL RAHMAN, PhD
Deputy Director International and Executive Programs,
Professional and Continuing Education Centre (PACE).
Universiti Utara Malaysia.
ROHANA ABDUL RAHMAN, PhDHead of DepartmentSchool of LawCollege of Law Government and International StudiesUniversiti Utara MalaysiaTel: +604 928 6575Mobile: 019-405 1610 Table of contents Introduction ................................................................................................................. Problem statement........................................................................................................ Research Questions ..................................................................................................... Research Objectives....................................................................................................
Significance of the Study ............................................................................................
Research Methodology .................................................................................................



References: Alexander Global Trends in Mediation (Kluwer Law International 2006) at 49. ―Conflicting priorities – best practice in conflict management‖ (CEDR, September 2008) Feld, J.& Carper, K. L :Construction failure , John Wiley & Sons, Inc. USA, 1997 and Merna, A Kratzsch, S. ICC Dispute Resolution Rules: ICC dispute boards and ICC Pre Arbitral Referees. Construction Law Journal, 2010, 26(2), 87-97. L. H. (1987). Alternative Methods of Dispute Settlements. Current Law Journal, 1, 423. L. H. (1987). Alternative Methods of Dispute Settlements. Current Law Journal, 1, 423. The constitution of peoples republic of Bangladesh: Available at: http://bdlaws.minlaw.gov.bd/pdf_part.php?id=367 . OECD, Principles of Corporate Governance – Annotations to the OECD Principles of Corporate Governance – The Equitable Treatment of Shareholders (Paris: OECD, 2004). Available at: http://www.oecd.org/dataoecd/32/18/31557724.pdf. Mc Burney, D. H. & Whitr. T. L., “Research Methods (7th Ed.)” Thomson Wadsworth. Belmont.USA (2007) Abdul, J.K Feehily & Brand ―Commercial Mediation in South Africa‖ (September 2008). Online article available at: www.bowman.co.za. JAMS Guide to Dispute Resolution Clauses for Commercial Contracts (2006) .Runesson and Guy Mediating Corporate Governance Conflicts and Disputes (The International Finance Corporation, World Bank Group, 2007) at 44. Available at www.ifc.org. www.en.wikipedia.org/wiki/Alternative_dispute_resolution (accessed on 26.11.2013) www.asapcollect.com/Resources--Links.../index.html (accessed on 26.11.2013) Powell-Smith, V. (1998). Construction arbitrations : a practical guide: Blackwell Science. Rajoo, S. (1999). The Malaysian Standard Form of Building Contract (The PAM 1998 Form) (2nd ed.). Kuala Lumpur: Malayan Law Journal Sdn Bhd. Centre for Effective Dispute Resolution, The CEDR Mediator Handbook: Effective Resolution of Commercial Disputes, 4th Edition (London: CEDR, 2004). Law Reform Commission Report of Ireland ,2010 See Conway ―Recent Developments in Irish Commercial Mediation: Part I‖ (2009) 27ILT 43 See LRC CP 50-2008 at 7.02. Conway ―Recent Developments in Irish Commercial Mediation: Part II‖ (2009) 27ILT 58 The Fourth Mediation Audit (Centre for Effective Dispute Resolution, May 2010). Available at www.cedr.co.uk. (Moore, C (Goldberg S. B.; Sander, F. E. A.; and Rogers, N. H. 1992. Dispute Resolution: Negotiation, Mediation, and other Processes. Boston, Mass., Little Brown.) (Acland, A

You May Also Find These Documents Helpful

  • Good Essays

    Negotiation, mediation, and arbitration are methods to pursue in this case. Mediation is appropriate for this case because the mediator elevates the evidence to determine the best solution for both parties. The mediator promotes settlement for the case and indicates pointers to resolve the dispute. Cheeseman (2013) stated, “If the parties agree to a settlement, a settlement agreement is drafted that expresses their agreement. Execution of the settlement agreement ends the dispute. The parties,of course, must perform their duties under the settlement agreement. If an agreement is not reached, the parties may proceed to a judicial resolution of their case” (p. 54). “Litigation is a difficult, time-consuming, and costly process that must comply…

    • 604 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Law 531 Final Exam

    • 1213 Words
    • 6 Pages

    8) What is a form of alternative dispute resolution that is often used when the parties involved do not want to face one another?…

    • 1213 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    Hsc300 Unit 4

    • 588 Words
    • 3 Pages

    7. Dispute Resolution: Where and how disputes between parties will be resolved; with courts and arbitration will be used…

    • 588 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Bus Law 531 Week 1

    • 676 Words
    • 3 Pages

    Business owners know that high ligation costs and lengthy delays make it difficult and expensive to resolve business disputes in court. Alternative dispute resolutions are superior solutions for resolving business disputes and are normally settled before trial, which saves significant time and money. Alternative dispute resolution can be achieved by several approaches, which may include negotiation, mediation, and arbitration. Traditional litigation resolves disputes in the civil court system in which one party loses and one wins. Although litigation and alternative disputes resolution both have advantages, alternative dispute resolution is generally faster and less expensive. This paper will compare and contrast the traditional litigation with nontraditional forms of alternative dispute resolution.…

    • 676 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Law/531 Adr Analysis

    • 637 Words
    • 3 Pages

    For many years, litigation has been the one thing in reference to the law that traditionally resolves lawsuits and disputes. There are many facts that need to be considered when one compares or contrasts traditional litigation methods to the nontraditional litigation methods (Alternate Dispute Resolution). Handled outside of litigation in court, ADR is a unique resolution. ADR’s types include “arbitration, collaborative law, mediation and negotiation. Conciliation is sometimes included as a fifth category” (Alternate Dispute Resolution Law, 2011).…

    • 637 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Litigation Law 531

    • 814 Words
    • 4 Pages

    Erickson, D. L., & Bowen, P. (2005). Two Alternatives to Litigation: An Introduction to Arbitration and Mediation. Dispute Resolution Journal, 60(4), 42-48.…

    • 814 Words
    • 4 Pages
    Better Essays
  • Best Essays

    Links for Business LAW

    • 204 Words
    • 1 Page

    Erickson, D. & Bowen, P. G. (2005/2006). Two alternatives to litigation: An introduction to arbitration and mediation. Dispute Resolution Journal, 60(4), 42-28.…

    • 204 Words
    • 1 Page
    Best Essays
  • Good Essays

    Team Paper

    • 860 Words
    • 4 Pages

    The objectives for week one was to understand the major components of the legal system and differentiate between legal forms of business. The other objective was to obtain a thorough understanding of alternative dispute resolution (ADR) including advantages and disadvantages. Team B has collaborated on the discussion questions listed below and will reveal the team’s findings and opinions throughout this paper.…

    • 860 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Fazzi, C. (2009). Dispute Resolution Journal [Entire issue]. How to Build a Winning Team, 64(1). doi: 2010604671…

    • 911 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Deutsch, M, (2000) The Handbook of conflict resolution: Theory and practice. San Francisco, CA. Jossey-Bass Inc.…

    • 8781 Words
    • 36 Pages
    Powerful Essays
  • Powerful Essays

    Boeing is organized into two divisions. The first division is Boeing Commercial Airplanes, which is comprised of commercial jetliners that service the globe. Boeing Commercial Airplanes is approximately 75 percent of the world fleet currently in service (Boeing, 2010). The second division is Boeing Integrated Defense Systems. The division provides defense systems, space system products, and supports the United States government and several defense agencies.…

    • 5226 Words
    • 21 Pages
    Powerful Essays
  • Good Essays

    Determining the ideal method for resolving a business dispute can be a challenge for businesses. A business that does not have a large cash reserve and time to sit in a court room may need to consider the non-traditional forms of dispute resolution. In some cases clients insist that the cases be heard and decided by a judge, at which point traditional litigation would be the course of action. (Steven Harms, 2011)…

    • 733 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Conflict Scenarios

    • 808 Words
    • 3 Pages

    Phillips, E., & Cheston, R. (1979). Conflict Resolution: What Works?. California Management Review, 21(4), 76-83.…

    • 808 Words
    • 3 Pages
    Good Essays
  • Better Essays

    The case involves a conflict with managers of a major producer of office furniture -Seatcor. Acting as the senior vice president of operations and chief operating officer, Team A must provide an appropriate solution to the conflict. Joe Gibbons is the vice president and general manager of Seatcor’s largest desk assembly plant. Joe has been with Seatcor for 38 years and is two years away from retirement. He worked his way up through the ranks to his present position and has managed successfully his division for five years with a marginally competent staff. Joe is a long-standing personal friend. There is a perception Joe has surrounded himself…

    • 2101 Words
    • 9 Pages
    Better Essays
  • Better Essays

    In the negotiation process, the use of third-party conflict resolutions often comes into play when parties cannot seem to reach an agreement regarding resolving mutual interests. These types of third-party conflict resolutions are: arbitration, collaboration, litigation and mediation. For the Seatcor Manufacturing Company, the use of third-party conflict resolution is necessary. The researchers of Team A have reported collaborative ideas of this case by (1) analyzing the possible intervention strategies, (2) applying what is thought to be the best strategy, (3) explained how the best strategy should resolve the conflict, and (4) developed a contingency plan in case the best strategy does not work, or is rejected.…

    • 1824 Words
    • 8 Pages
    Better Essays