Le Tribunal fédéral considère, dans l’arrêt 4A_416/2019, que le demandeur, dans le cadre d’une procédure de conciliation, est astreint à participer à l’audience
de conciliation, même si le défendeur a annoncé préalablement qu’il ne s’y présentera pas. [...]
The negative and corrosive impacts of corruption in the fields of economics, politics, and law are widely discussed. Less understood are the potentially negative impacts of
anti‐corruption struggles and strategies themselves. This article presents a case study of Brazil's ‘Car Wash’ (‘Lava Jato’) scandal from a legal and political [...]
Using archival materials, we reflect on the legal process of creating (and mitigating) a border in Ireland after partition in 1922 and interactions between those laws and the
people whom they affected. After 1922, superficially durable exceptions developed to the territorial state's distinctions between citizens and foreign nationals under [...]
In this article, some recommendations are mentioned how to be dispute-wise when confronted with (potential) conflict in a supply chain. Relationships in a supply chain may
encounter strain – if not real conflict - at certain points in time. The following recommendations can be very effective and helpful when practised consequently [...]
The purpose of this article is to share some practical reflections on cross-border mediation and its application to Private Competition Disputes in Europe, at this time of
crisis. The outbreak of the COVID-19 pandemic has led to a rethinking of methods of dispute resolution, everywhere. [...]
A Social Impact Assessment is often a formal requirement to determine and prevent social risks at greenfield development of complex infrastructural projects. This article discusses
the background and building blocks with the different tiers of Business to Community mediation; a neutral, facilitated, dialogue and information sharing, negotiation, [...]
Fledgling mediators are nourished by the wisdom of Master Mediators, until they find their wings and take to the sky. This is a personal perspective, inspired by the author’s
attendance at a Master Class given by Ken Cloke in Edinburgh in 2008 (organised by John Sturrock of Core). [...]
Erin Kelly’s The Limits of Blame offers a series of powerful arguments against retributivist accounts of punishment. Among these, I first focus on Kelly’s Inscrutability
Argument, which casts doubt on our epistemic justification for making judgments of moral desert. [...]
The road transport sector in Bangladesh has been simply disorderly for years and gradually going from bad to worse killing about 20,000 people and grievously injuring 50,000
every year as reported by the World Health Organisation. Government transport authorities publicly admit their failure in disciplining the critical sector. [...]
