An appropriate business dispute resolution will ensure that the parties involved would not have to spend too much time and cost to resolve their case. There are two ways to resolve business disputes, through litigatio...An appropriate business dispute resolution will ensure that the parties involved would not have to spend too much time and cost to resolve their case. There are two ways to resolve business disputes, through litigation and non-litigation process. The non-litigation process mainly depends upon the agreement of the parties involved and does not have a formally binding force upon them. Although the non-litigation process is more preferred in resolving business disputes, sometimes it does not completely resolve the issue. A specific business dispute resolution procedure such as the mechanism of small claims court （an informal court） is required. The objectives of the small claims court are to settle cases in prompt and cost-effective manner, and to avoid lengthy and complex formal legal procedures. Although it is still a part of the litigation process, the small claims court applies simplified procedures that are different from those of conventional civil cases. Nonetheless, the judgment of the small claims court has the same legally binding force as that of general court. The small claims court is situated in the District Court, but the examination of cases is different from general procedures and until now the mechanism has not been widely known in Indonesia.展开更多
he bunker industry has faced negative perception to their trust and credibility in recent times.This is further compounded by the need for the industry to answer new challenges to meet the requirement of the Internati...he bunker industry has faced negative perception to their trust and credibility in recent times.This is further compounded by the need for the industry to answer new challenges to meet the requirement of the International Maritime Organization 2020.The aim of this work is to illustrate how blockchain technology may be adopted for aiding in bunker dispute resolution.To demonstrate how blockchain may aid in disputes within the bunker industry,this paper first examines the existing bunker supply process,which involves the formation of contracts under English law,the Bunker Delivery Notes,the different types of disputes that may arise during a bunker transaction and the methods of dispute resolution utilised by the industry.Furthermore,the current literature in relation to blockchain technology and blockchain smart contracts is examined.Finally,interviews and surveys within the industry have been conducted to identify the benefits and challenges in adopting blockchain technology.The research found that blockchains may benefit the bunker supply chain offering the effective resolution of bunker quality disputes.Furthermore,blockchains may also serve as a verification tool for electronic bunker delivery notes,which may aid quality and quantity bunker disputes as well as compliance with the new International Maritime Organisation 2020 requirements.As a result,despite the research having shown blockchain to be situationally dependent and having an element of legal uncertainty,blockchain does offer a solution to aid in bunker disputes and for improving the trust and credibility within the bunker industry.展开更多
The successful implementation of the Global Anti-Base Erosion(GloBE)rules on a global scale cannot be achieved without an international effective dispute prevention and resolution mechanism.However,the development of ...The successful implementation of the Global Anti-Base Erosion(GloBE)rules on a global scale cannot be achieved without an international effective dispute prevention and resolution mechanism.However,the development of a dispute prevention and resolution framework for the GloBE rules faces significant challenges.This article offers two possible options for an effective dispute prevention and resolution mechanism:a model based on reciprocal domestic legislations and the multilateral convention model.展开更多
文摘An appropriate business dispute resolution will ensure that the parties involved would not have to spend too much time and cost to resolve their case. There are two ways to resolve business disputes, through litigation and non-litigation process. The non-litigation process mainly depends upon the agreement of the parties involved and does not have a formally binding force upon them. Although the non-litigation process is more preferred in resolving business disputes, sometimes it does not completely resolve the issue. A specific business dispute resolution procedure such as the mechanism of small claims court （an informal court） is required. The objectives of the small claims court are to settle cases in prompt and cost-effective manner, and to avoid lengthy and complex formal legal procedures. Although it is still a part of the litigation process, the small claims court applies simplified procedures that are different from those of conventional civil cases. Nonetheless, the judgment of the small claims court has the same legally binding force as that of general court. The small claims court is situated in the District Court, but the examination of cases is different from general procedures and until now the mechanism has not been widely known in Indonesia.
文摘he bunker industry has faced negative perception to their trust and credibility in recent times.This is further compounded by the need for the industry to answer new challenges to meet the requirement of the International Maritime Organization 2020.The aim of this work is to illustrate how blockchain technology may be adopted for aiding in bunker dispute resolution.To demonstrate how blockchain may aid in disputes within the bunker industry,this paper first examines the existing bunker supply process,which involves the formation of contracts under English law,the Bunker Delivery Notes,the different types of disputes that may arise during a bunker transaction and the methods of dispute resolution utilised by the industry.Furthermore,the current literature in relation to blockchain technology and blockchain smart contracts is examined.Finally,interviews and surveys within the industry have been conducted to identify the benefits and challenges in adopting blockchain technology.The research found that blockchains may benefit the bunker supply chain offering the effective resolution of bunker quality disputes.Furthermore,blockchains may also serve as a verification tool for electronic bunker delivery notes,which may aid quality and quantity bunker disputes as well as compliance with the new International Maritime Organisation 2020 requirements.As a result,despite the research having shown blockchain to be situationally dependent and having an element of legal uncertainty,blockchain does offer a solution to aid in bunker disputes and for improving the trust and credibility within the bunker industry.
文摘The successful implementation of the Global Anti-Base Erosion(GloBE)rules on a global scale cannot be achieved without an international effective dispute prevention and resolution mechanism.However,the development of a dispute prevention and resolution framework for the GloBE rules faces significant challenges.This article offers two possible options for an effective dispute prevention and resolution mechanism:a model based on reciprocal domestic legislations and the multilateral convention model.
