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Online dispute resolution effective

In view of the severe economic repercussions caused by the COVID-19 pandemic globally and locally, the Government announced another package of measures to support the affected individuals and businesses last Wednesday. Two of which are particularly relevant to the legal and dispute resolution sector - the LawTech Fund and the COVID-19 Online Dispute Resolution (ODR) Scheme. The LawTech Fund was briefly introduced in this blog a few days ago. Today, I would like to give an online explanation of the COVID-19 ODR.

 

In anticipation of an upsurge of disputes arising from or relating to COVID-19, the scheme aims to provide speedy and cost-effective means to resolve such disputes, especially for those involving micro, small and medium-sized enterprises (MSMEs) that may be adversely affected or hard hit by the pandemic. The scheme will engage eBRAM (electronic Business Related Arbitration & Mediation system) to provide ODR services to the general public and businesses, in particular MSMEs, involved in low value disputes.

 

The scheme plans to cover COVID-19 related disputes with the claim amount for each case to be capped at $500,000. Either one of the parties (claimant or respondent) must be a Hong Kong resident or company and they will only be required to each pay $200 registration fees. Under the scheme, the parties are required to enter into a dispute resolution agreement to record their consent.

 

The process to be adopted is a multi-tiered dispute resolution mechanism where the parties will first attempt to negotiate their disputes, followed by mediation and if that does not result in settlement, then subsequently to arbitration for a final and binding award. This is in line with the "Mediate First" policy that we have been advocating under our "Mediate First" Pledge Programmes.

 

The scheme aims to offer a fast and effective means to resolve disputes among parties. Each tier of dispute resolution will be conducted within a limited time. The tiers are devised with a view to avoiding disputes and differences from being entrenched. If the disputes can be resolved successfully and amicably through negotiation or mediation, we hope it will help build and reinforce a harmonious society and enable the parties to preserve their long term business relationship.

 

We also hope the scheme will have the benefit of job creation and job advancement for mediators and arbitrators (including their pupils). Parties are at liberty to appoint the third party neutral of their choice and if no agreement is reached, there will be a mechanism for appointment. The third party neutrals and the parties or their representatives can still handle cases under the social distancing measures online and indeed to practice on the handling of cases online. We would like the scheme to be launched in June if funding is provided in April.

 

It is a global trend to develop and use ODR to provide reliable and efficient platform to facilitate alternative dispute resolution. The scheme is in line with the development under Asia-Pacific Economic Cooperation's Collaborative Framework on ODR (APEC Framework), with MSMEs as the major beneficiary. The mechanism of adopting negotiation and mediation in the first stage under the APEC Framework is also to prevent entrenched views on the conflicts, thereby helping to create harmony in society.

 

Some forms of alternative dispute resolution, such as mediation, are a more cost-effective way to resolve disputes. The costs of mediation are almost always lower than the disputed amounts, making it an economical way to resolve disputes. Mediation can save time too. Some cases may be resolved following just one day of mediation.

 

LawTech has greatly helped the development of dispute resolution services. The establishment of a safe, reliable and credible platform to provide enterprises with convenient and cost-effective online dispute resolution will become a new trend.

 

It is one of the major long-term policy objectives of the Department of Justice (DoJ) in recent years to enhance and promote Hong Kong's status as an international legal hub for deal-making and dispute resolution. A further promotion of the use of ODR will help consolidate Hong Kong's position as an international business and financial centre.

 

The social media accounts of the DoJ's IDAR Office have been introducing the procedure, characteristics and benefits of mediation and arbitration. You may wish to visit the dedicated pages of the IDAR Office to keep abreast of the dispute resolution services.

 

In addition to the relief measures announced by the Government, the DoJ has also taken the initiative to speed up payment of fees to counsel. Counsel engaged by the DoJ could submit their interim fee notes together with the interim case reports after certain work has been completed. Each case will be considered individually on a case-by-case basis and interim payments could be made. I have enquired and am also glad to learn from the Legal Aid Department and the Duty Lawyer Service that they made similar arrangements.

 

We are confident that Hong Kong can weather the storm with our fundamental strengths and resilience. We also trust that we would overcome this unprecedented challenge by standing in solidarity.

 

Secretary for Justice Teresa Cheng wrote this article and posted it on her blog on April 13.




dispute

Fossil Fuels Expert Roundtable: Managing Disputes and Arbitrations Involving the Extractive Sector in Africa

Invitation Only Research Event

30 September 2014 - 5:00pm to 6:30pm

Chatham House, London

Event participants

Paula Hodges QC, Partner; Head, Global Arbitration Practice, Herbert Smith Freehills
Stéphane Brabant, Partner; Chairman, Africa Practice Group, Herbert Smith Freehills

Disputes between international companies and national governments commonly arise in the extractive industry where high expectations from producer countries often run alongside emotive issues of ‘ownership’ and ‘exploitation’. In 2013, Chatham House published the report Conflict and Coexistence in the Extractives Industries, examining the rising occurrence of long-running and expensive company-government disputes. Continuing the conversation, the speakers will share their personal insights regarding doing business in Africa's oil and gas sector and preparing for crisis situations. They will outline why they believe the effective management of any crisis is critical to achieving an early settlement and why arbitration is the best formal mechanism for resolving disputes in Africa. They will also discuss what the preconditions of success are, and how companies must adjust to new commercial and political realities when engaging with national companies. 

Attendance at this event is by invitation only.

Owen Grafham

Manager, Energy, Environment and Resources Programme
+44 (0)20 7957 5708




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Addressing Resource Conflicts: Working Towards More Effective Resolution of Natural Resource Disputes

Invitation Only Research Event

26 June 2014 - 9:00am to 5:00pm

Chatham House, London

Disputes over resources are a persistent challenge to international peace and security. Natural resources (such as oil, natural gas, minerals, timber and water) are a major source of national income for many countries and, alongside land, are essential to the livelihoods of many millions of people. There is a growing recognition among researchers and decision-makers that in many fragile states disputes over these resources have fed into, and underpinned, violent conflict and instability. 

Although international engagement in national resource disputes is not always desirable or feasible, where it is necessary and possible to support, supplement (or even substitute) national dispute resolution processes it is important to think through the parameters of such action: Who gets involved? With what financial resources? When does an intervention begin? How do they act? 

This one-day roundtable will bring together around 30 experts from policy, academia and business to discuss these questions and more.

The event will be held under the Chatham House Rule. Attendance is by invitation only.

Event attributes

Chatham House Rule

Owen Grafham

Manager, Energy, Environment and Resources Programme
+44 (0)20 7957 5708




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The Marikana Killings and Labour Dispute Resolution in South Africa: Implications of an Inquiry

Research Event

4 August 2015 - 4:00pm to 5:00pm

Chatham House, London

Event participants

Toby Fisher, Barrister, Landmark Chambers; Representative of the South African Human Rights Commission, Marikana Commission of Inquiry
Gary White, Director of Operations, Ineqe Group; Expert Witness on Policing, Marikana Commission of Inquiry
Chair: Muzong Kodi, Associate Fellow, Africa Programme

The Marikana Commission of inquiry was appointed by South Africa’s President Jacob Zuma following more than 40 deaths (with many others left injured) after police opened fire on striking miners at Marikana in August 2012.

The massacre was reported as the worst use of lethal force by the South African Police Service since 1994, and brought issues of labour dispute resolution, public-order policing and accountability into stark relief.

Speakers will discuss the Commission's recently-published report and its potential impact on industrial stakeholders, as well as the wider consequences for South Africa.

Department/project

Christopher Vandome

Research Fellow, Africa Programme
+44 (0) 20 7314 3669




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Ohio Sues Cyber Charter Founder, Pursuing Millions in Disputed Funds

Ohio is seeking to recoup millions of dollars in funds from now-defunct online charter school, the Electronic Classroom of Tomorrow.




dispute

Ohio Sues Cyber Charter Founder, Seeking Millions in Disputed Funds

Ohio's attorney general last week filed suit against the founder of the Electronic Classroom of Tomorrow, aiming to recover millions of dollars in public funding that the state claims wrongfully went to the cyber charter school.




dispute

Washington Supreme Court Ends Years-Long Funding Dispute

The supreme court put an end to five years of legal wrangling that landed the state's public school system with millions more dollars from the state and teachers with a pay raise.




dispute

Alternative Dispute Resolution (Family and Commercial).




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Litigation/dispute resolution : back to the future / Stephen Walsh, QC..




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Voucher-Program Costs Disputed in Indiana

A new report has found Indiana's school voucher program ran up a $53.2 million deficit, but backers of the program say it actually represents a net savings to taxpayers.




dispute

Judge orders state to pay attorney fees in education dispute




dispute

Official disputes EPA toxic chemical release analysis




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Qualcomm CEO touts improved relationship with Apple after bitter legal dispute



Qualcomm CEO Steve Mollenkopf in an interview on Thursday said the chipmaker's relationship with Apple has greatly improved since the two companies ended a bitter legal battle over patent licensing and royalties in 2019.




dispute

Men arrested in killing of Family Dollar security guard after face mask dispute

The U.S. coronavirus death toll has surpassed 77,000.




dispute

Inside a Procurement Dispute in North Carolina

North Carolina officials' switch in reading-test vendors just weeks before the new school year got underway is spotlighting the often murky process of contracts and procurements for K-12 services.




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Turkey disputes US religious freedom commission's assessment of Turkey

CNA Staff, May 1, 2020 / 12:09 pm (CNA).- The Turkish foreign ministry on Wednesday rejected Turkey's inclusion in a report by the US Commission on International Religious Freedom, charging that the report comes from a “biased mindset”.

“The report contains baseless, unaccredited and vague allegations as in the past years while trying to portray isolated incidents as violations of religious freedoms through far-fetched accusations,” Hami Aksoy, a spokesperson for the Turkish Ministry of Foreign Affairs, said April 29.

“The importance attached by Turkey to protect religious freedoms, including those of religious minorities, is expressed at the highest level by our Government officials. Our authorities make it clear that any harm to the religious freedoms of our citizens will not be tolerated,” Aksoy added.

In its 2020 report, USCIRF recommended that the State Department add Turkey, as well as 10 other countries, to a “Special Watch List” of countries where abuses of religious minorities are taking place, but not at a level as severe as in those designated as “countries of particular concern.”

The commission wrote that “religious freedom conditions in Turkey remained worrisome” in 2019, “with the perpetuation of restrictive and intrusive governmental policies on religious practice and a marked increase in incidents of vandalism and societal violence against religious minorities.”

It cited the Turkish government's prevention of the election of board members for non-Muslim religious groups and its limitations on the election of the Armenian Patriarch of Constantinople.

The report added that Alevis, a group related to Shia Islam and the country's largest religious minority, “remained unable to gain official recognition for their gathering houses (cemevleri) as places of worship or to exempt their children from compulsory religious classes, despite European Court of Human Rights (ECtHR) rulings finding that these policies violated Alevis’ rights.”

According to the US commission, Turkish religious minorities “expressed concerns that governmental rhetoric and policies contributed to an increasingly hostile environment and implicitly encouraged acts of societal aggression and violence.”

The report also drew attention to the permission given for a museum, that was originally a Greek Orthodox church and later a mosque, to be reconverted into a mosque. It noted also that president Recep Tayyip Erdoğan has called for the same thing to happen to the Hagia Sophia, which has the same history.

USCIRF also said the Turkish government has “continued to dismiss, detain, and arrest individuals affiliated with, or accused of affiliation with, the U.S.-based cleric Fethullah Gülen, for alleged complicity in a July 2016 coup attempt or involvement in terrorist activity.”

Gülen has lived in the US since 1999, and is considered a terrorist by the Turkish government.

The Turkish foreign ministry charged that Gülen's mention in the report “amounts to deliberately turning a blind eye” to the coup attempt, and added: “We invite the US authorities to earnestly examine the evidence we have provided” about the Gülen movement “and to engage in effective cooperation in line with the spirit of alliance in order to reveal the true nature of this terrorist organization.”

Aksoy added that the recommendation of adding Turkey to a “special watch list” for religious freedom “is a clear indication of the biased mindset behind it and the circles under whose influence it was drawn up.”

“In the report that is supposed to include global trends that threaten religious freedoms, the Commission does not mention a single word about xenophobia, Islamophobia and discrimination on religious grounds that is on the rise in the West and the US,” Aksoy stated.

“This clearly reveals that the purpose of the report is not to protect religious rights and freedoms. It is clear that the Commission, which has been accused of being anti-Muslim in the past, has drawn up this report based on its unwarranted agenda and priorities under the influence of circles that are hostile to Turkey, rather than objective criteria. We recommend the authors of this report to look in the mirror and engage in self-criticism.”

Earlier this year, Turkish authorities arrested a Syriac Orthodox priest on terrorism charges after he provided bread and water to members of a Kurdish separatist group that has been deemed illegal.



  • Middle East - Africa

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1319 Arbitration of Disputes Between Carriers and Primary Care and Chronic Care Management Providers

DEPARTMENT OF INSURANCE: Office of the Commissioner




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Govt amends Income Tax rules for faster resolution of multinational corporations’ tax disputes under MAP

. Upon acceptance of the resolution, the assessee shall withdraw any appeal filed in this regard and pay the tax determined by the assessing officer after giving effect to the resolution.




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Loan amount return dispute

ye query mere uncle ka case hai -- 1.uncle ne kisi dost (jain sahab) se paise udhar liye they cash me aur time to time wapas bhi karte rahe. 2. udhar lete time uncle apne letter head p likh k diya k itne paise itne byaj p le raha hun..( uska sample image main bejh raha hun) 3. par uncle k paise lautate time jo recieving thi vo kho gayi h na koi record h aur uncle ne bh paise cash me hi diya tha 4. 2017 me jain sahab ki bimari k karan death ho gayi , to jain sahab k bete aur damad ne uncle se pucha k apne kitne udhar liye they to uncle ne kaha 14 lakh but use time to time utar diye they exact amount dekh k batunga 5. jain sahab k bete ne kuch jaan pehcahn k logo k sath aur vakil k ghar uncle se likhwa liya k 14 lakh bakaya h aur uspe witness k bhi sign kara liye (iski koi copy uncle k pas nah h ) ye june 2017 me hua 6. uske bad uncle k beto ne hisab lagay to kul 7 lakh bakaya nikla ,,,uske bad unhone jain sahab k bete aur damad ko apne ghar bulaya aur kaha ke haamre family relation h par apne hamare pitaji se jabardasti 14 lakh likhwa liye jo k sah nah h aur apka sirf 7 lakh bakaya h. to unhone bola thik h ap 7 lakh wapas kar (iski voice recording h uncle k pas) 7. uncle k bete ne 2018 me 2 lakh lauta diye cash me , aur whatsapp kardiya jain sahab k bete ko k ab 5 lakh bakaya h ,,2019 me paise na hone k karan vo kuch paisa na de paye 8. 2020 me jain sahab k damad ne uncle dwara likha hua bhi bejh diya whatsapp p (jo ki ek tarah ki dhamki lagi) 9 ab uncle ko lag raha h ki bache hue 5 lakh dene k bavjood bhi agar vo 14 lakh wala parcha leke khade ho gaye to hum kya karenge. aise situation me kya kiya jaye ? 1. kya jo uncle ne likh k diya uski validity h legally ? 2. kya uncle ye bol de k humne hisab k mutabik 7 lakh wapas krdiy h . 3.kya uncle complaint kare ki jabardasti 14 lakh likhwa liye 4. kuch aur better opinion ?




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Sir William the Goat, referee disputes and the birth of the Iron Bowl: Tales of college football in the spring

If college football is forced to play in the spring, it won't be the first time that has happened. You just have to go back to the 19th century.





dispute

India wins trade dispute with US over solar-panel incentives

A series of U.S. renewable energy incentives violated international trade rules, according to the World Trade Organization, threatening to stoke tensions between the two countries as President Donald Trump prepares to meet Prime Minister Narendra Modi on Friday.




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NextEra, Con Ed warn patent dispute could roil US solar sector

Two of America’s biggest solar-farm owners are warning that a patent dispute between panel makers could roil a sector already shaken by President Donald Trump’s import tariffs.




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India wins trade dispute with US over solar-panel incentives

A series of U.S. renewable energy incentives violated international trade rules, according to the World Trade Organization, threatening to stoke tensions between the two countries as President Donald Trump prepares to meet Prime Minister Narendra Modi on Friday.




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Asia Report: US-Taiwan Solar Trade Dispute Forges On

The U.S. International Trade Commission (ITC) has voted — unanimously — to move ahead in its investigation of Taiwanese imports of solar PV products, continuing the latest storyline in the broad U.S.-vs.-China solar trade war.




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Nationalist Rhetoric Fanning Escalation of East Asia Territorial Disputes

By Edward J. Shultz

(Note: This commentary originally appeared in The Honolulu Star-Advertiser on Oct. 16, 2012)

The recent eruption of protests throughout the Muslim world points once again to the stability of our globe being threatened by people with the intransigence of fundamentalists. It was fundamentalists in the United States who produced a reprehensible video vilifying the Islamic faith, and it was fundamentalists throughout the world who took to the streets to protest this affront to their faith and culture. In East Asia we are witnessing a somewhat similar escalation of tensions as fundamentalists in China, Korea and Japan push these three countries down an increasingly volatile path leading to growing animosities. And regrettably this is a verbal slugfest among U.S. allies and friends.




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HR e-briefing 225 - Resolving workplace disputes: one year on

On 1 October 2005, the statutory disciplinary and grievance procedures were one year old. The procedures were introduced when the Employment Act (Dispute Resolution) Regulations 2004 (the Regulations) came into force on 1 October 2004. As we reporte...




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HR e-briefing 232 - Resolving workplace disputes: first EAT decision

For the past 14 months, cases clarifying the complex statutory dispute resolution procedures have been eagerly awaited. Our patience has been rewarded by a sudden flurry of cases all of which deal with the statutory grievance procedures (SGPs). In t...




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Handling complex, reputationally sensitive and high value disputes in the world of Covid-19

In this session we look at high value/reputationally sensitive disputes in the education sector. Running a university or Higher Education Institution is always a complicated business – and never more so than now. The sector is facing a time of unp...




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How to effectively settle a dispute – what are the options for dispute resolution and what are the differences? - webinar

Alternative forms of dispute resolution are becoming ever more common. Encouraged by the courts and increasingly favoured by parties, options such as mediation, arbitration and adjudication are becoming more widely used. But what are the differences...




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New guide (TCC) sets out the recommended pre-action process for parties to follow in a procurement dispute

On 17 July 2017, a new Appendix H to the Technology and Construction Court Guide was published which provides guidance on procedures for public procurement cases (the “Guide”). Although this detailed procedural guidance is likely to prove usefu...




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Shipping related disputes - avoiding service out of the jurisdiction

As the shipping community is truly internationally based, issues can often arise when a formal claim is issued in the English High Court that then has to be served outside the UK jurisdiction.  For example, if a dispute arises between a ship ow...




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Industry Panics over Prospect of Rising Subcontract Worker Disputes

As the government pronounced illegal on the practice of companies relying on subcontract workers for a long time such as the cases in Paris Baguette and Mando-Hella, the whole industry in shock. This is not just restricted to manufacturers but is spread to services and the food franchise industry as well. The corporate sector expected on September 24 that companies like Tous Les Jours, Samsung Electronics service centers, and LG U+ will likely face the same problem any time soon after the Min...




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Coronavirus - Could ADR prevent or cure Coronavirus disputes - the UK

As governments around the world battle to contain Coronavirus, the scale of economic disruption and impact on businesses cannot be underestimated. It is easy to see why some have predicted a rise in disputes work arising out of the unfolding global ...




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US pulls anti-missile systems from Saudi Arabia amid dispute

The U.S. is pulling two Patriot missile batteries and some fighter aircraft out of Saudi Arabia, an American official said on May 7, amid tensions between the kingdom and the Trump administration over oil production.




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Coronavirus - Webinar – Financial services post-COVID19: Trends in disputes and enforcement - UK

Listen as our panel answer some of the most common questions on post-COVID19 litigation trends - this was presented in conjunction with Ankura. A recording of the session can be listened to here. In this session we explored: a review of the economi...




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Coronavirus: China’s ‘sober-minded’ officials urged to focus on domestic recovery, not international disputes

China’s officials must stay “sober-minded” to handle the variety of coronavirus-related challenges that lie ahead, as mistakes could undermine relations with major developed nations and harm the country’s economic outlook, according to outspoken former Chongqing mayor Huang Qifan.Issues over the origin of the virus, compensation claims by the United States and decoupling worries have all appeared in the wake of the outbreak, but for Huang, the government should focus on domestic recovery after…




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News24.co.ke | Mombasa police and inspectorate officers clash over land dispute

Mombasa County inspectorate officers on Monday were caught in a land dispute issue with a private investigator when they attempted to bring down an erected wall.




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Palestinians say they will defy Israeli order in prisoner payments dispute

Palestinian leaders vowed Friday to defy a new Israeli military order which they fear could lead to the confiscation of money destined for prisoners, their relatives and the families of those killed in unrest.




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Canada shooting erupted after domestic dispute between gunman and his girlfriend, police official says

Canada's worst mass shooting started as a domestic dispute between the gunman and his girlfriend, who survived the attack, a police official has said.




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Ritz 'sold for half price after £1.3bn offer secretly recorded in family dispute'

London's iconic Ritz hotel was sold for "half the market price" after conversations were secretly recorded by the nephews of the billionaire co-owner and a Saudi investor offering £1.3bn, the High Court has heard.




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US objects to UN resolution on virus in dispute with China

The United States on Friday objected to a proposed U.N. resolution on the coronavirus pandemic after diplomats said it had agreed to compromise language with China that didn’t directly mention the World Health Organization, an issue of growing dispute between the world’s two major economic powers. The U.S. objection to the Security Council resolution drafted by France and Tunisia reflects rising tensions between Washington and Beijing. It also leaves the U.N.’s most powerful body impotent on reacting to the greatest crisis facing the world — and unable to back Secretary-General Antonio Guterres’ March 23 call for global cease-fires to tackle the COVID-19 pandemic, which diplomats said all 15 Security Council members agree on and is the main point of the resolution.





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Boris Johnson ally Conor Burns replaced after quitting over intimidation in financial dispute

Downing Street has replaced a trade minister who resigned when an investigation found he threatened a company chairman over a financial dispute with his father.




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Family Charged After Security Guard Shot After Mask Dispute



The verbal altercation turned deadly.




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Chinese company suggests PNG relationship will suffer amid mine lease dispute

A major Chinese mining company warns the Papua New Guinean Government it faces "significant negative impact" on bilateral relations with China if the company doesn't get a lease extension on a gold mine in the country.




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Transurban pushes West Gate Tunnel deadline out a year, citing contaminated soil dispute

Transurban reports to shareholders that construction on the West Gate Tunnel has been set back, with the project now expected to be completed by in 2023.




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Western Energy Company Will Pay $12.2 Million to U.S. & Montana to Settle Coal Royalties Dispute

Western Energy Company, the operator of the Rosebud Mine on federal coal leases outside of Billings, Mont., has paid the United States more than $12 million in mineral royalties and accrued interest as the result of a settlement agreement. Under the agreement that was filed in U.S. District Court for the District of Columbia, Western Energy has agreed to pay $12,239,538 in additional royalties and interest, 49 percent of which will be shared with the state of Montana because the production occurred on federal lands in that state.



  • OPA Press Releases

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Breaking Down the Huawei v. Pentagon Dispute

If nothing else, the long-running Huawei situation shows the importance of considering the supply chain when it comes to cybersecurity. Huawei being the Chinese telecommunications equipment maker basically banned by the federal government. Bruce Schneier joins Host Tom Temin on Federal Drive.




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Breaking Down the Huawei v. Pentagon Dispute

If nothing else, the long-running Huawei situation shows the importance of considering the supply chain when it comes to cybersecurity. Huawei being the Chinese telecommunications equipment maker basically banned by the federal government. Bruce Schneier joins Host Tom Temin on Federal Drive.




dispute

Breaking Down the Huawei v. Pentagon Dispute

If nothing else, the long-running Huawei situation shows the importance of considering the supply chain when it comes to cybersecurity. Huawei being the Chinese telecommunications equipment maker basically banned by the federal government. Bruce Schneier joins Host Tom Temin on Federal Drive.