Thesis (M.A.)--City University of Hong Kong, 2005. / "A dissertation submitted in partial fulfillment of the requirements for the degree of Master of arts in arbitration and dispute resolution." Title from title screen (viewed on Sept. 20, 2006) Includes bibliographical references.

Thesis (M.A.)--City University of Hong Kong, 2005. / "Dissertation in part fulfillment of Master of art in arbitration and dispute resolution" Title from title screen (viewed on Mar. 27, 2006) Includes bibliographical references.

Thesis (M.A.)--City University of Hong Kong, 2005. / "Master of arts in arbitration and dispute resolution" Title from title screen (viewed on Mar. 27, 2006) Includes bibliographical references.

Thesis (M.A.)--City University of Hong Kong, 2007. / Title from PDF t.p. (viewed on Sept. 7, 2007) "Master of Arts-arbitration and dispute resolution, dissertation" Includes bibliographical references.

Thesis (M.A.)--City University of Hong Kong, 2006. / "A dissertation submitted in partial fulfillment of the requirements for the degree of Master of Arts in arbitration and dispute resolution, School of Law, City University of Hong Kong" Title from PDF t.p. (viewed on May 22, 2007) Includes bibliographical references.

Thesis (M.A.)--City University of Hong Kong, 2006. / "MA arbitration and dispute resolution, City University of Hong Kong, dissertation (LW 6409)" Title from PDF t.p. (viewed on May 22, 2007) Includes bibliographical references.

Thesis (M.A.)--City University of Hong Kong, 2006. / "Master of Arts in arbitration and dispute resolution (MAArbDR), LW6409 dissertation" Title from PDF t.p. (viewed on May 23, 2007) Includes bibliographical references.

Due to the influence of the construction industry on the country’s economy, resolution of disputes is very important. The Arbitration Act 1996 was passed to remedy the complaints that had made arbitration unpopular. Comments from academics and practitioners indicated that construction arbitration remained unpopular and procedural innovation anticipated had not materialised. This study considers arbitration in the construction industry in England and Wales and evaluates its use and role since the passing of the Arbitration Act 1996. It also explores the potential use of arbitration against the use of litigation, statutory adjudication, mediation and expert determination having regard to variables of size of claim and dispute. A pragmatic theoretical perspective was followed, using a survey strategy. Initially a quantitative methodology was used, with structured questionnaires sent to users of arbitration, their legal advisers and construction arbitrators. To provide extension and clarification of matters revealed from questionnaires, interviews were conducted with construction arbitrators and construction lawyers, thereby incorporating a qualitative methodology. The study shows a significant decline in the use of construction arbitration, but comparing the two periods investigated, there was less of a decline for the more recent period, compared to the earlier period. As a dispute resolution method, arbitration was considered neutral, being neither poor, nor excellent. Arbitration’s standing, overall, is poor; however, for claims between £1 million and £10 million it is similar to the other methods referred to above. Positive influences towards choosing arbitration are that arbitration is private, providing fairness, allowing control of the process with an award that is final. Negative influences are that arbitration is costly, complex with procedures styled on litigation, subject to delays and confidence issues with arbitrators’ decisions. Cost and duration of arbitration remain the most problematic features, however the investigation suggests that users and particularly their lawyer advisers are reluctant to implement cost saving procedures.

This research examines environmental dispute resolution as applied to Superfund site cleanup and how the use of collaborative dispute resolution approaches, in particular Alternative Dispute Resolution and Community Involvement, are related to a community's socioeconomic and demographic profile. It examines the sociodemographic characteristics of residents living in census tracts containing Superfund sites in relation to the type of dispute resolution technique used. I hypothesize that collaborative dispute resolution techniques, as opposed to traditional settlement and/or litigation, are less likely to occur in Superfund communities with high poverty levels and high minority populations than in those with low poverty levels and low minority populations. Although minority and lower class communities are less likely to be placed on the National Priorities List (NPL), are slower to be cleaned up once on the NPL, and experience lower quality cleanups (O'Neil 2005; Sigman 2001; Omohundro 2004), the findings of this research indicate that the dispute resolution processes studied here do not contribute to such environmental clean up injustices. Minority status and poverty levels do not impact the likelihood that collaborative dispute resolution will be used in settling Superfund disputes. This analysis does show a significant correlation between education and the use of collaborative dispute resolution. Superfund communities in which residents have low educational attainment are less likely to use collaborative dispute resolution. Low educational levels may be the paramount disadvantage to overcome in the use and successful implementation of collaborative dispute resolution.

This thesis deals with out-of-court dispute resolution within international business transactions. Its goal is an analysis of those methods of dispute resolution that may be encountered both in practice and specialized literature and determination of their basic characteristics that allow comparison. The thesis is divided into six chapters. The first two chapters are of general nature and specify the content of the given topic. The third chapter establishes the framework of relevant law and the subsequent chapters are concerned with the online dispute resolution with the help of modern technology. The first chapter is composed of three parts. The first part defines the notions of out-of-court dispute resolution and alternative dispute resolution (ADR) and explains the relation between those two notions that are not considered synonymous. The second part describes the common features of the out-of-court dispute resolution methods. To the contrary, the third part points out the differences between them and groups the particular methods based on various criteria. The second chapter defines the international business transactions and focuses on international or foreign element and its determination. The third chapter provides an overview of the legal framework relevant to the topic. In its four parts...