This thesis explores the forms and significance of dispute settlement by arbitration, or ‘δίκη’, in the Iliad. I take as my focus the ‘storm simile’ of Iliad XVI: 384-393, which describes Zeus’ theodical reaction to corruption within the δίκη-court, and the ‘shield trial’ of Iliad XVIII: 498-508, which presents a detailed picture of such a court in action, and compare the forms and conception of arbitration that emerge from these two ecphrastic passages with those found in the narrative body of the poem. Analysing the terminology and procedures associated with dispute settlement in the Iliad, I explore the evidence for the development of an ‘ideology of δίκη’, that valorises arbitrated settlement as a solution to conflict, and that identifies δίκη as a procedure and a civic institution with an objective standard of fairness: the foundation of a civic concept of ‘justice’. I argue that this ideology is fully articulated in the storm simile and the shield trial, as well as Hesiod’s Works and Days, but that it is also detectable in the narrative body of the Iliad. I further argue that the poet of the Iliad employs references to this ideology, through the narrative media of speech and ecphrasis, to prompt and direct his audience’s evaluation of the nature and outcome of the poem’s central conflict: the dispute of Achilles and Agamemnon.

South African labour laws have undergone tremendous amendments before and after independence. This paper focuses on the development after independence, therefore section 34 of the Constitution of 1996, provisions of the Labour Relations Act of 1995 and other laws which deal with labour matters and regulate the labour relations and disputes in the country will be considered. The labour laws in South Africa provide inter alia for the dispute resolution mechanisms, the manner on which disputes should be handled by different organs which are empowered to do so. My focus will be to see how alternative disputes resolution processes of conciliation and arbitration in the Eastern Cape Province aim to transform the South African and global labour market by promoting an integrated simple, quick but efficient and inexpensive dispute settlement services in order to reduce the back log of cases, maintain labour peace, promote democracy at workplace with the view of advancing economic and social justice.

Conflict is an inherent part of any service relationship, and is one of the important methods of effective organisational functioning. Depending on its management, it has both constructive and negative outcomes. The most extreme outcome of conflict in an industrial relationship is a strike. The South African Public Service strike of 2007 was the most protracted and united strike in the history of South Africa. In order to provide an insight into this strike, this treatise explores the following key aspects: • To present a short background of collective bargaining in the public sector through time. • To provide a short background to the public sector strike in 2007. • To develop a conflict model for analytic purposes based on a literature review and to use the conflict model to analyse the strike. A study of the strike was deemed essential because of its current nature and it being charged with political undertones. Moreover, conflict in the employment relationship has had an important influence on theories of industrial relations. The South African labour relations system is pluralist in nature, with a focus on the formal institutions of industrial relations. The focus should be on the motives and actions of parties in the employment relationship. Hence, one should look beyond conventional explanations in understanding conflict.

Thesis (LLM. (Labour Laws)) -- University of Limpopo, 2022 / This dissertation presents a legal analysis of the effectiveness of arbitration process in unfair dismissal dispute with a particular emphasis on South Africa. The use of arbitration process in resolving unfair dismissal dispute is influenced by its efficiency, accessibility and flexibility. In South Africa, arbitration process is employed by the CCMA that was established to encourage effective labour dispute. A central problem that the CCMA encounter which affects its effectiveness is the high number of unfair dismissal disputes referred for arbitration process. According to the legal research offered in this dissertation, the number of unjust dismissal disputes brought to arbitration process continue to rise every year. As a result, the CCMA is swamped by these referrals, which affects its effectiveness. According to the findings, the arbitration process is now widely used around the world to resolve unfair dismissal disputes. The extent to which the arbitration process is adopted to resolve unfair dismissal dispute varies from country to country and is guided by legislation. As a result, it has been discovered that the CCMA may benefit from the ACAS’s arbitration process strengths from the United Kingdom as well as Namibia’s arbitration process strengths. The United Kingdom results show that ACAS is able to resolve a higher proportion of unfair dismissal dispute through conciliation rather than arbitration, which reduces the number of referrals from the arbitration process. In Namibia, if parties to unfair dismissal dispute want to refer an unfair dismissal dispute for arbitration process it must be done by mutual agreement between the parties except in exceptional circumstances. All this mode of operation between United Kingdom and Namibia when resolving unfair dismissal disputes hinder high referral rate from the arbitration process. This dissertation concludes with recommendations arising from policy making that promotes the effectiveness of the arbitration process and limiting the abuse of the process.

Arbitration is central to the settlement of transnational commercial disputes. This dissertation discusses arbitration as an alternative method of dispute settlement as opposed to litigation. The work surveys the difficulties relating to international commercial arbitration and the enforcement of awards, and efforts made to overcome them. The research is divided into four chapters. The first chapter introduces the reader to the work. It gives a general background to international commercial arbitration and briefly explains what the dissertation is all about. Chapter two is definitional. It examines some of the definitions of international commercial arbitration and contains the author's thoughts on this issue. The author is of the view that the traditional definitions do not properly address the concept. It is concluded that the question whether an arbitration is international should largely depend on whether international norms are used to resolve the dispute rather than by reference to geographical considerations. This chapter also weighs the advantages and disadvantages of arbitration as against litigation. Chapter three deals with recognition and enforcement of awards. This is considered crucial since at the end of the day, parties to arbitration would want to enforce their awards in a court of law, in the event of non-compliance. Since the award might be made in a foreign country, enforcement may be problematic. The chapter examines efforts made in intemational and domestic law to overcome such problems and achieve enforceable awards. A selection of multi-lateral, regional and domestic laws is examined. This chapter also discusses problems of enforcing awards against states and steps taken to overcome them. The final chapter deals with general conclusion and suggestions. It is suggested that efforts should be made to harmonise international commercial arbitration. This can be achieved both in domestic and international law. / Jurisprudence / LL.M. (Jurisprudence)

Thesis (MBA)--Stellenbosch University, 2005. / ENGLISH ABSTRACT: Collective bargaining has gained more prominence within the industrial relations system as the latter is undergoing a worldwide transformation process. None of the effects of this transformation process is potentially more important to workers than the impact on dispute resolution. Changes in world markets furthermore necessitate a renewed emphasis on quality of products and services. Within this context labour conflicts in the public service have potential crucial consequences for the South African government's ability to promote economic development and service delivery. The Education Labour Relations Council (ELRC) with its nine provincial chambers provides the infrastructure for collective bargaining in the public education sector and plays an important role in managing conflict and disputes within this sector. The goal of this research is to determine whether the Western Cape provincial chamber of the ELRC (PELRC) is effective in the fulfilment of its statutory functions, with specific reference to its collective bargaining and dispute resolution functions. Data has been collected by conducting interviews using an interview schedule. The research indicated that the PELRC does perform its statutory collective bargaining and dispute resolution functions. The PELRC, however, is more active in terms of dispute resolution than collective bargaining. The research established that the PELRC does not measure its effectiveness. Results were inconclusive regarding the PELRC's effectiveness in terms of its service delivery. The research, though did manage to identify those factors that contribute to effectiveness as well as those that counter it. It furthermore indicated that when effective, the PELRC's service delivery has a positive impact on the said statutory functions. / AFRIKAANSE OPSOMMING: Kollektiewe bedinging het in vernaamheid binne die arbeidsverhoudinge sisteem toegeneem soos wat laasgenoemde 'n wêreldwye transformasie proses ondergaan. Geen van die gevolge van hierdie transformasie proses is vir werkers moontlik belangriker as die invloed wat dit op dispuut oplossing het nie. Veranderinge binne wêreld markte het verder 'n hernuwe klem op die kwaliteit van produkte en dienste genoodsaak. Binne hierdie verband het arbeidskonflik in die staatsdiens potensieel kritieke gevolge vir die Suid-Afrikaanse regering se vermoë om ekonomiese ontwikkeling en dienslewering te bevorder. Die Raad van Arbeidsverhoudinge in die Onderwys (RAVO) met sy nege provinsiale kamers verskaf die infrastruktuur vir kollektiewe bedinging in die openbare onderwys sektor en speel 'n belangrike rol in die bestuur van konflik en dispute binne hierdie sektor. Die doel van hierdie navorsing is om te bepaal of die Wes-Kaap provinsiale kamer van die RAVO (PRAVO) effektief is in die uitvoering van sy statutêre funksies met spesifieke verwysing na sy kollektiewe bedinging en dispuut oplossing funksies. Data is ingesamel deur onderhoude te voer waartydens 'n onderhoud skedule gebruik is. Die navorsing het aangetoon dat die PRAVO wel sy statutêre kollektiewe bedinging en dispuut oplossing funksies uitvoer. Die PRAVO is egter meer aktief in terme van dispuut oplossing as kollektiewe bedinging. Die navorsing het vasgestel dat die PRAVO nie sy effektiwiteit meet nie. Resultate was onoortuigend betreffende die PRAVO se effektiwiteit in terme van sy dienslewering. Die navorsing het wel daardie faktore wat tot effektiwiteit bydra sowel as dié wat dit teenwerk geïdentifiseer. Dit het verder aangetoon dat wanneer effektief, die PRAVO se dienslewering 'n positiewe invloed op die genoemde statutêre funksies het.

Historically, labour dispute resolution in South Africa has been synonymous with being expensive, unnecessarily lengthy and ineffective. The Labour Relations Act (LRA) 66 of 1995 set out to change this through the creation of the Commission for Conciliation, Mediation and Arbitration (CCMA). The design of the CCMA is centred on a dispute resolution institution that adopts a quick, cheap and non-legalistic approach to dispute resolution. Through the introduction of compulsory arbitration for specified dismissal and unfair labour practice disputes, the LRA granted the CCMA the mandate of upholding the objectives of industrial peace and reducing exorbitant legal costs. The outcome of arbitration proceedings conducted under the auspices of the CCMA are final and binding. Accordingly, this sui generis type of proceedings aimed at being cheap and informal has several implications. The adherence to traditional legal principles, in particular the rules relating to the presentation and admissibility of evidence cannot be adhered to rigorously in a forum where parties are unrepresented and that has informality as a defining feature. This paper set out to examine the proposition that based on various statutory powers; arbitrations are to be conducted informally and free from legalism- which necessarily entails a relaxation if not elimination of the traditional exclusionary rules pertaining to the presentation and admission of evidence. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2013.

University of Macau / Faculty of Law

This dissertation engages with and contributes to a growing literature on procedural approaches in theorizing, monitoring and adjudicating social and economic rights, with reference to new governance literature. It analyzes a move in social and economic rights away from the generation and monitoring of substantive norms by treaty monitors, judges, and scholars, and toward processes designed to generate accountable, participatory, non-uniform, iterative responses to rights broadly conceived. The first paper explores the emphasis on new governance style proceduralism in the adjudication of these rights. The second focuses on the right to health and considers how collaborations among criminal justice, public health, and community actors can be informed by the new proceduralism in state responses to non-disclosure of HIV-status in sexual relationships. The third and final article argues that the use of new governance style proceduralism for rationalizing the distribution of publicly-funded health care resources in Canada dovetails with the emergent focus on process in human rights to open space for more meaningful human rights scrutiny. Each of the three papers concludes with a discussion of the limits of these emerging approaches.

University of Macau / Faculty of Law