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Author : Maud Piers,Christian Aschauer
Publisher : Cambridge University Press
Page : 327 pages
File Size : 51,5 Mb
Release : 2018-01-25
Category : Law
ISBN : 9781108417907
Demonstrates the enormous impact that the use of technology is having, and will continue to have, on arbitration.
Author : Ana Mercedes Lopez Rodriguez,Michael D. Green,Maria Lubomira Kubica
Publisher : Brill Nijhoff
Page : 299 pages
File Size : 43,9 Mb
Release : 2021
Category : Law
ISBN : 9004447393
"The papers collected in this volume address the emerging issues in fresh and thoughtful ways. They lay the foundation for taming the brave new world that technological progress is now thrusting upon us"--
Author : Maxi Scherer,Niuscha Bassiri,Mohamed S. Abdel Wahab
Publisher : Kluwer Law International B.V.
Page : 314 pages
File Size : 49,5 Mb
Release : 2020-11-17
Category : Law
ISBN : 9789403528434
International Arbitration and the COVID-19 Revolution Edited by Maxi Scherer, Niuscha Bassiri & Mohamed S. Abdel Wahab The impact of the COVID-19 pandemic on all major economic sectors and industries has triggered profound and systemic changes in international arbitration. Moreover, the fact that entire proceedings are now being conducted remotely constitutes so significant a deviation from the norm as to warrant the designation ‘revolution’. This timely book is the first to describe and analyse how the COVID-19 crisis has redefined arbitral practice, with critical appraisal from well-known practitioners of the pandemic’s effects on substantive and procedural aspects from the commencement of proceedings until the enforcement of the award. With practical guidance from a variety of perspectives – legal, practical, and sector-specific – on the conduct of international arbitration during the COVID-19 pandemic and beyond, the chapters present leading practitioners’ insights into the unprecedented and multifaceted issues that arise. They provide expert tips and challenges in such practical matters as the following: preventing and resolving disputes of particular types – construction, energy, aviation, technology, media and telecommunication, finance and insurance; arbitrator appointments; issues of planning, preparation and sample procedural orders; witness preparation and cross-examination; e-signature of arbitral awards; setting aside and enforcement proceedings; and third-party funding. Also included are an empirical survey of users’ views and an overview of how the COVID-19 revolution has affected the arbitration rules of leading arbitral seats. With this timely and practical book, arbitration practitioners and scholars will gain up-to-date knowledge of sector-specific challenges brought about by the COVID-19 pandemic and approach arbitration proceedings with an understanding of the most important legal and practical considerations during the crisis and beyond.
Author : Cavinder Bull,Loretta Malintoppi,Constantine Partasides
Publisher : Kluwer Law International B.V.
Page : 1063 pages
File Size : 54,5 Mb
Release : 2023-09-12
Category : Law
ISBN : 9789403513874
Directly presenting the considered views of a broad cross-section of the international arbitration community, this timely collection of essays addresses the criticism of the arbitral process that has been voiced in recent years, interpreting the challenge as an invitation to enlightenment. The volume records the entire proceedings of the twenty-fifth Congress of the International Council for Commercial Arbitration (ICCA), held in Edinburgh in September 2022. Topics range from the impact of artificial intelligence to the role of international arbitration in restraining resort to unilateralism, protectionism, and nationalism. The contributors tackle such contentious issues as the following: time and cost; gender and cultural diversity; confidentiality vs. transparency; investor-State dispute settlement procedures; the proposed establishment of a permanent international investment court system; how cross-fertilisation across different disciplines may impact international arbitration; determining whether a document request seeks documents that are relevant and material to the outcome of a dispute; whether we would be better off if investment arbitration were to disappear; and implications for international arbitration of the Russian invasion of Ukraine. There is consideration of global issues that are likely to give rise to disputes in the future, including climate change, environmental protection, access to depleting water resources, energy and mining transition, and human rights initiatives. Several contributions focus on developments in specific countries (China, India) and regions (Africa, the Middle East). Arbitrators, corporate counsel, and policymakers will appreciate this opportunity to engage with current thinking on key issues in international commercial and investment arbitration, especially given the diversity of thought presented by authors from all over the world.
Author : Fabien Gélinas
Publisher : Oxford University Press
Page : 329 pages
File Size : 40,7 Mb
Release : 2016
Category : Law
ISBN : 9780199916016
In 'Trade Usages and Implied Terms in the Age of Arbitration', Fabien Gélinas, along with a distinguished group of leaders from the international community, provide a clear explanation of how usages, and more generally the implicit or implied content of international commercial contracts, are approached by some of the most influential legal systems in the world.
Author : Jeffrey H. Matsuura
Publisher : Artech House
Page : 233 pages
File Size : 41,7 Mb
Release : 2003
Category : Technology & Engineering
ISBN : 9781580533591
Jeffrey Matsuura examines the challenges and opportunities associated with the development, distribution and use of intellectual property and knowledge assets.
Author : Katia Fach Gómez
Publisher : Springer Nature
Page : 180 pages
File Size : 44,7 Mb
Release : 2023-11-25
Category : Law
ISBN : 9783031116810
Arbitration is facing revolutionary changes due to new technologies’ irruption into the entire arbitration proceeding. Wide-ranging technical-legal concepts such as e-discovery, e-hearing, cyber-security protocol, e-deliberations, algorithmic decision-making and digital signing have become part of life. Technology’s impact on arbitration is unlikely to decrease after the COVID crisis; on the contrary, how the arbitration community positions itself vis-à-vis technology will be a key factor in determining arbitration’s future. Faced with this challenging scenario, the book discusses a novel legal topic: arbitrators’ relationship with this increasingly ubiquitous, rapidly-changing technology. This innovative book applies journalism’s “5 W questions” to the underexplored issue of arbitrators’ digital competence. It reaches a workable definition of what digital competence in the current arbitration context is, also providing answers to the essential question of why arbitrators’ digital competence is relevant from legal and financial points of view. Attention then shifts to who, with reflections on arbitrators working in a highly technological context and clarification of their relationship with other legal and non-legal actors. The book equally offers an in-depth comparative study of the question of where arbitrators’ technological competence is regulated, with critical analysis of soft and hard law provisions that may impose a digital competence duty. Finally, the book specifies when arbitrators need to be digitally competent and develops legal proposals regarding key procedural stages (initial conference, hearings) and legal topics (cybersecurity, data protection). The first study to scrutinise the rapidly changing relationship between arbitrators and technology, the book aims to spark a crucial debate among practitioners and scholars. Academically rigorous and using the latest legal material, it emphasises arbitrators’ needs, rights and duties in our technological age, presenting them alongside carefully selected practical topics. The unprecedented and well-grounded proposals for arbitrators’ digital competence are intended to be a call to action for its broad target audience.
Author : Ihab Abdel Salam Amro
Publisher : Cambridge Scholars Publishing
Page : 286 pages
File Size : 45,8 Mb
Release : 2019-01-08
Category : Law
ISBN : 9781527524569
This book presents an overview of online arbitration and electronic contracting worldwide, examining their national and international contexts, and assessing their ongoing relevance. It offers solutions to the salient challenges facing both online arbitration and electronic contracting, dealing first–hand with online arbitration as an online dispute resolution technique for solving both traditional and electronic commerce disputes that may arise out of the breach of contractual obligations in international commercial contracts, while also comparing between common law and civil law countries. In the theory of law, this book analyses the international legal framework that regulates e–commerce, and its impact on electronic contracting, including Model Laws and International Conventions such as the Model Law on Electronic Commerce of 1996 and the Electronic Communications Convention of 2005. It also investigates whether the UN Convention on Contracts for the International Sale of Goods of 1980 ‘The CISG’ applies to e–commerce contracts. In addition, it extensively examines the possibility for the enforcement of online arbitration agreements and online arbitral awards under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. Regarding the practice of law, the volume examines how national courts apply both national laws and the New York Convention of 1958 when dealing with the enforcement of online arbitration agreements, and whether courts apply the provisions of national laws of arbitration liberally. As such, it encourages the adoption of a more liberal judicial regime in favour of the enforcement of online arbitral awards and online arbitration agreements in national courts. This book represents a valuable resource for academics, arbitrators, practicing lawyers, corporate counsels, law students, researchers, and professionals who are willing to solve their cross–border commercial disputes through online arbitration.
Author : Arthur W. Rovine
Publisher : Martinus Nijhoff Publishers
Page : 579 pages
File Size : 46,5 Mb
Release : 2014-10-02
Category : Law
ISBN : 9789004274945
The 2013 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2013 Fordham Law School Conference on International Arbitration and Mediation. The 25 papers are organized into the following six parts: Keynote Presentation by Gabrielle Kaufmann-Kohler Part 1: Investor-State Arbitration by Andrea K. Bjorklund, Rudolf Dolzer, Abby Cohen Smutny, John Townsend Part 2: Class Actions and Mass Claims by James Carter, John Crook, Christopher Drahozal, Veijo Heiskanen, Sandrine Giroud, Roman Khodykin, S.I. Strong Part 3: Arbitration of International Disputes on Energy Issues by Arif Ali, Nigel Blackaby, Caline Mouawad, Sarah Vasani Part 4: Investor-State Arbitration (2) by O. Thomas Johnson, Catherine H. Gibson, Mark McNeill, Laurence Shore, Robert Rothkopf, Todd Weiler Part 5: The Arbitration of International Technology Disputes by Gary L. Benton, Rachel Koch, Thomas Halket, John Judge, Paul Klaas, Steven Reisberg Part 6: Mediation by Elizabeth Birch, David Bristow, Hélène de Kovachich
Author : Elias Aboujaoude,Vladan Starcevic
Publisher : Oxford University Press, USA
Page : 305 pages
File Size : 44,7 Mb
Release : 2015
Category : Medical
ISBN : 9780199380183
The internet and related technologies have reconfigured every aspect of life, including mental health. Although the negative and positive effects of digital technology on mental health have been debated, all too often this has been done with much passion and few or no supporting data. This book brings together distinguished experts from around the world to review the evidence relating to this area.
Author : Alberto Acerbi
Publisher : Oxford University Press, USA
Page : 273 pages
File Size : 42,9 Mb
Release : 2020
Category : Psychology
ISBN : 9780198835943
From emails to social media, from instant messaging to political memes, the way we produce and transmit culture is radically changing. Understanding the consequences of the massive diffusion of digital media is of the utmost importance, both from the intellectual and the social point of view. 'Cultural Evolution in the Digital Age' proposes that a specific discipline - cultural evolution - provides an excellent framework to analyse our digital age. Cultural evolution is a vibrant, interdisciplinary, and increasingly productive scientific framework that aims to provide a naturalistic and quantitative explanation of culture. In the book the author shows how cultural evolution offers both a sophisticated view of human behaviour, grounded in cognitive science and evolutionary theory, and a strong quantitative and experimental methodology. The book examines in depth various topics that directly originate from the application of cultural evolution research to digital media. Is online social influence radically different from previous forms of social influence? Do digital media amplify the effects of popularity and celebrity influence? What are the psychological forces that favour the spread of online misinformation? What are the effects of the hyper-availability of information online on cultural cumulation? The cultural evolutionary perspective provides novel insights, and a relatively encouraging take on the overall effects of our online activities on our culture. Cultural Evolution is an area of rapidly growing interest, and this timely book will be important reading for students and researchers in the fields of psychology, anthropology, cognitive science, and the media.
Author : Magdalena Łągiewska
Publisher : BRILL
Page : 217 pages
File Size : 47,5 Mb
Release : 2024-06-17
Category : Law
ISBN : 9789004700710
Digital advancements are changing the face of international dispute resolution. This book examines the impact of digitalization and new technologies on international arbitration, discussing both advantages and challenges. It seeks to answer the question of whether international law in the field of international commercial arbitration is keeping pace with technological change. It takes a fresh look at issues that have recently emerged in the international arbitration landscape by focusing on the innovative use of artificial intelligence, particularly in relation to blockchain and ODR. Against this background, the Chinese solutions are worth analyzing and watching.
Author : Margaret L. Moses
Publisher : Cambridge University Press
Page : 91 pages
File Size : 45,8 Mb
Release : 2008-03-17
Category : Law
ISBN : 9781139469975
This title provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including changes in arbitration laws, rules, and guidelines. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of the best arbitration practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.
Author : Ethan Katsh,Orna Rabinovich-Einy
Publisher : Oxford University Press
Page : 352 pages
File Size : 52,5 Mb
Release : 2017-03-09
Category : Law
ISBN : 9780190464592
Improving access to justice has been an ongoing process, and on-demand justice should be a natural part of our increasingly on-demand society. What can we do for example when Facebook blocks our account, we're harassed on Twitter, discover that our credit report contains errors, or receive a negative review on Airbnb? How do we effectively resolve these and other such issues? Digital Justice introduces the reader to new technological tools to resolve and prevent disputes bringing dispute resolution to cyberspace, where those who would never look to a court for assistance can find help for instance via a smartphone. The authors focus particular attention on five areas that have seen great innovation as well as large volumes of disputes: ecommerce, healthcare, social media, labor, and the courts. As conflicts escalate with the increase in innovation, the authors emphasize the need for new dispute resolution processes and new ways to avoid disputes, something that has been ignored by those seeking to improve access to justice in the past.
Author : Thomas J. Stipanowich,Amy J. Schmitz
Publisher : Aspen Publishing
Page : 358 pages
File Size : 48,6 Mb
Release : 2022-09-14
Category : Law
ISBN : 9781543859188
Arbitration: Practice, Policy, and Law provides students with a practice-based approach that helps them apply legal concepts under the Federal Arbitration Act and other laws, and better identify the value of arbitration practice and procedures. This casebook provides vivid examples from actual cases, literature, and current media. It also offers diverse readings by leading authors, along with comprehensive attention to prominent developments in the field and access to video interviews of 100 arbitrators and leading arbitration scholars. The text integrates coverage of law, ethics, and practice, as well as interesting notes, thoughtful problems, and provocative questions. It includes all the coverage of arbitration found in Resolving Disputes, the survey text. Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Professors and students will benefit from: Strong authorship, from leading scholar-practitioners at the two #1 law schools in Dispute Resolution--Pepperdine and Ohio State University. A practice-based approach that helps students apply concepts, including realistic roleplays, exercises, and problems that facilitate classroom discussion. Concise content, with organization and readings designed to support a class that considers law in the context of practice, instead of solely focusing on law - as is common with most arbitration casebooks. Informal writing style, interesting examples, practical advice, and thought-provoking questions, all written specifically for law students who will soon represent clients in resolving disputes. A variety of carefully designed, skills-oriented exercises on negotiating and drafting arbitration and dispute resolution procedures, conducting and managing arbitration processes, and deliberating and drafting arbitration awards. Unique attention to technology, and the role is now plays in modern arbitration practice. Discrete treatment of arbitration practice in business-to-business settings and consumer or employment scenarios. Access to 100 interviews with arbitration leaders. An overview of the many forms of arbitration, and the flexibility inherent in arbitration as a consensual dispute resolution process. Unique treatment of mixed mode scenarios involving forms of interplay between arbitration and mediation or negotiation.
