research plan (trade disputes and industrial action)

8/10/2019 Research Plan (Trade Disputes and Industrial Action)

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EPEE 3111INDUSTRIAL RELATIONGroup Assignment

INSTRUCTOR:Dr.Parwazalam Abdul Rauf

INSTRUCTOR : Encik Parwazalam Abdul Rauf

GROUP MEMBERS :

1) Jimbel Nwabueze EEE110704

2) Mohamad Fauzi Bin Ahmad EEE110062

3) Mohammad Al Amirol Bin Idris EEE120051


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~ Question ~

What is trade disputeandindustrial action?

Discuss in detail with

relevantexamples


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1.0 INTRODUCTIONA - RESEARCH OBJECTIVE

To examine the importance of implementing trade disputes and industrialaction.

To understand the respective trade disputes and industrial action in-dept. To analyse the impact of trade disputes and industrial action in industrial

relations in Malaysia

To find out the policy or action plan that can be implement to improve theeffectiveness of trade disputes and industrial actions in Malaysia

B - RESEARCH QUESTION

1. What are the importanceof trade disputes and industrial action? 2. What are the reasons the government came out with trade disputes

and industrial action?

3. What are the impactsin implementing trade disputes and industrialaction in Malaysia?

4. What are the policies that can be implement in order to improve theeffectiveness of the trade disputes and industrial actions?


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DISPUTE RESOLUTION MECHANISMS

Litigation in courts.

Arbitration, designed to achieve a final andenforceable outcome.

Other Alternative Dispute Resolution (ADR)mechanisms such as mediation, conciliation,mini trials, rent-a-judge, med-arb, disputeresolution board, adjudication and othertouchy-feelyways of engaging the interventionof a third party to achieve an agreed settlementbetween the parties.


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THE CONTRAST WITH LITIGATION

Not require consensus of the parties.

Parties are free to choose an arbitrator whosetechnical expertise and experience may resolvethe dispute in its commercial setting.

Judges in the Session Courts and High Courtshear a wide variety of cases and will notgenerally have the technical knowledge of atechnical arbitrator.


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The available arbitrators in Malaysia includeretired judges, lawyers, architects, engineers,traders and other professionals.

If the parties cannot agree on the arbitrator,they can invariably agree on some institution to

make the appointment.


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ARBITRATION DEFINED

The jurisdiction of the tribunal to decide therights of the parties must derive either from theconsent of the parties or from an order of the

court or from a statute, the terms of which makeit clear that the process is to be an arbitration.

The agreement must contemplate that thesubstantive rights of the parties will bedetermined by the agreed tribunal.


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The tribunal will determine the rights of the

parties in an impartial and judicial manner withthe tribunal owing an equal obligation offairness towards both sides.

The agreement of the parties to refer theirdisputes to the decision of the tribunal must beintended to be enforceable in law.

The agreement must contemplate that thetribunal will make a decision upon a disputewhich is already formulated at the time when areference is made to the tribunal.


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The great advantage of arbitration is that itcombines strength with flexibility. Strength becauseit yields enforceable decisions, and is backed by ajudicial framework which, in the last resort, cancall upon the coercive powers of the state. Flexible

because it allows the contestants to choose

procedures which fit the nature of the dispute andthe business context in which it occurs. A system oflaw which comes anywhere close to achieving theseaims is likely to be intellectually difficult and hard

to pin down in practical terms.

Lord Mustill in his Foreword to D MarkCato, Arbitration Practice and Procedure,2nd Edition, 1997, LLP made the point for

arbitration

WHY ARBITRATE?


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TYPES OF ARBITRATIONS

AD HOCARBITRATIONS

INSTITUTIONALARBITRATION

LOOK SNIFFARBITRATION

DOCUMENTSONLY

ARBITRATION

DOMESTIC ANDINTERNATIONALARBITRATIONS


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AD HOC ARBITRATIONS

Ad hoc arbitration refers to arbitration wherethe parties and the arbitrator will conduct thearbitration according to procedures which willeither be agreed by the parties or, in default ofagreement, laid down by the arbitrator at a

preliminary meeting once the arbitration hasbegun.


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INSTITUTIONAL ARBITRATION

Institutional arbitration is an arbitrationadministered by an arbitral institution.

The parties may stipulate, in the arbitrationagreement, to refer a dispute between them forresolution to a particular institution, for example,

PORAM, the Regional Centre for Arbitration KualaLumpur (KLRCA) or Singapore InternationalArbitration Centre (SIAC) or Hong KongInternational Arbitration Centre (HKIAC).


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LOOK SNIFF ARBITRATION

the commodity delivered complies with thequality specification or agreed sample.

For example, the Malaysian Rubber Exchangeacts as an arbitration centre to settle trade

disputes affecting rubber.

Another institution is the Grain and Feed TradeAssociation (GAFTA).


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DOCUMENTS ONLY ARBITRATION

Redfern and Hunter state that such arbitrationsare commonplace in certain categories of

domestic arbitrations, notably in relation tosmall claims cases Involving.

For example, complaints by holiday-makersagainst tour operators and claims underinsurance policies.


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NON-BINDING ADR METHODS

If an issue between theparties is one where anexpert opinion is required, then expertdetermination would be the appropriate method.

If the wish to resolve the matter amicably, thenmediation or conciliation would be the

appropriate method.

Mediation is available in the insurance andbanking industries.


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REFFERENCES

Sundra Rajoo, Chartered Arbitrator, Advocateand Solicitor, Architect and Town Planner (Non-

Practising), B.Sc (HBP) Hons (USM), LLB Hons(London), CLP.

Mustill and Boyd, Commercial Arbitration, 2nd

Edition, 1989, pages 41 to 42.Redfern, A and Hunter, M, Law and Practice of

International Commercial Arbitration, 4thEdition, 2004, Thomson/Sweet & Maxwell, p 76.


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2.0 LITERATURE REVIEW

Various Journal Article and Presented papers

3.0 METHODOLOGY

Primary Data: Interviewing experts from thefields.

Secondary data: Books, magazines, newspapers,journals and internet sources.


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4.0 FINDINGS AND ANALYSISAnswering the research question and analyse thesignificant of the research:

To policy maker

To future researcher

To employee To employer

research plan (trade disputes and industrial action)

Documents