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Author : International Bureau of the Permanent Court of Arbitration Staff
Publisher : Springer
Page : 256 pages
File Size : 42,5 Mb
Release : 2000-11-16
Category : Law
ISBN : 9041114769
Author : International Bureau of the Permanent Court of Arbitration
Publisher : Unknown
Page : 242 pages
File Size : 45,8 Mb
Release : 2000
Category : Electronic
ISBN : OCLC:919892857
Author : Jerome T. Barrett,Joseph Barrett
Publisher : John Wiley & Sons
Page : 330 pages
File Size : 54,5 Mb
Release : 2004-10-19
Category : Law
ISBN : 9780787975425
A History of Alternative Dispute Resolution offers a comprehensive review of the various types of peaceful practices for resolving conflicts. Written by Jerome Barrett—a longtime practitioner, innovator, and leading historian in the field of ADR—and his son Joseph Barrett, this volume traces the evolution of the ADR process and offers an overview of the precursors to ADR, including negotiation, arbitration, and mediation. The authors explore the colorful beginnings of ADR using illustrative examples from prehistoric Shaman through the European Law Merchant. In addition, the book offers the historical context for the use of ADR in the arenas of diplomacy and business.
Author : Nadja Marie Alexander
Publisher : Kluwer Law International B.V.
Page : 514 pages
File Size : 40,6 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041125712
In its first edition, Global Trends in Mediation was the first book to concentrate on mediation from a comparative perspective - reaching beyond the all-too-familiar Anglo-American view - and as such has enjoyed wide practical use among alternative dispute resolution (ADR) practitioners worldwide. This new edition has not only been updated throughout; it has also added two new jurisdictions (France and Quebec) and a very useful comparative table summarising the salient points from each of the fourteen jurisdictional chapters. Each jurisdictional chapter addresses critical structural and process issues in alternative dispute resolution such as the institutionalisation of mediation, mediation case law and legislation, the range and nature of disputes where mediation is utilised, court-related mediation, mediation practice standards, education, training and accreditation of mediators, the role of lawyers in mediation, online dispute resolution and future trends. All the contributors are senior dispute resolution academics or practitioners with vast knowledge and experience of dispute resolution developments in their countries and abroad.
Author : Belinda Mcmahon,Fedelma C. Smith
Publisher : T.M.C. Asser Press
Page : 250 pages
File Size : 51,8 Mb
Release : 2010-04-30
Category : Law
ISBN : 9067043192
During the period 1999–2009, the Permanent Court of Arbitration (PCA) in The Hague, an intergovernmental organisation dedicated to international dispute settlement, saw a period of unprecedented growth, with fourteen arbitrations dealing with matters of international significance. Thirty public awards were rendered during that period, concerning subjects such as the laws of armed conflict, land and maritime boundary delimitation, the laws of international organisations, the interpretation of treaties, and the protection of investments. This volume contains detailed, concise summaries of those awards, together with a critical analysis of the PCA's contribution to international law and international dispute resolution. With each summary including an overview of key details, reference lists to the subject matters addressed, and citations to academic commentaries, this is an invaluable research tool for academics and practitioners, and for anyone wishing to gain an insight into the organisation, its work, and its field of activity.
Author : Vesna Lazić,Steven Stuij
Publisher : Springer
Page : 127 pages
File Size : 44,7 Mb
Release : 2018-07-26
Category : Law
ISBN : 9789462652521
The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div
Author : Michael Legg
Publisher : Butterworth-Heinemann
Page : 297 pages
File Size : 45,9 Mb
Release : 2013
Category : Australia
ISBN : 0409332763
Discusses the greater range of dispute resolution mechanisms that have developed in recent years and the need to match disputes with processes. It takes a holistic approach by looking at litigation, arbitration, mediation and other developing forms of resolution procedures and how they may develop in the future.
Author : P. Hamilton
Publisher : Kluwer Law International B.V.
Page : 338 pages
File Size : 48,6 Mb
Release : 1999-05-18
Category : Law
ISBN : 9789041112330
Since its creation at the epoch-making Hague Peace Conference of 1899, which was attended by 26 states, the Permanent Court of Arbitration has contributed significantly to the development of peaceful means to resolve international disputes. In case after case, the Court's tribunals have prevented international incidents and other tensions from flaring into open hostility, and set precedents that greatly curtail the justification of violence between nations.
Author : Rüdiger Wolfrum,Ina Gätzschmann
Publisher : Springer Science & Business Media
Page : 443 pages
File Size : 54,5 Mb
Release : 2012-12-20
Category : Law
ISBN : 9783642349676
This publication succeeds previously published seminars of the Max Planck Institute for Comparative Public Law and International Law (Heidelberg, Germany) dealing with evolving principles and new developments in international law. Due to the limits of traditional dispute settlement in international law and the ongoing scholarly debate on those limits, it focuses on possible innovations and functional approaches to improve international dispute settlement mechanisms. In doing so, it covers a wide variety of topics such as procedures of the WTO, advisory opinions of international courts and tribunals, the privatization of international dispute settlement, the interaction between counsels and international courts and tribunals, and the law-making function of international courts. The aim of this publication is to contribute to the cross-fertilization between these mechanisms and to offer creative impulses for the promotion of international dispute settlement.
Author : Manuel Indlekofer
Publisher : Kluwer Law International B.V.
Page : 480 pages
File Size : 45,9 Mb
Release : 2013-08-01
Category : Law
ISBN : 9789041147745
The modern tendency to restrict international arbitration to matters of commerce and investment is succumbing to a renewed recognition of the original impetus for dispute resolution by arbitration – i.e., matters of public international law, most importantly the settlement of disputes that pose a threat of international conflict. Recent developments suggest a renaissance of public international arbitration, most clearly manifested in the present flourishing of the Permanent Court of Arbitration (PCA), the oldest existing dispute settlement institution in international law. As the calls for the development of new and more appropriate methods for dispute settlement in international law increased during the 1990s, the PCA undertook a structural reform and is today a vital forum for dispute settlement, with scores of arbitrations currently pending under its auspices. This book – the most comprehensive study of the institution to date, covering its history, its present status, and its future prospects – proves the PCA’s contemporary relevance within the international dispute settlement framework. Among aspects of the PCA’s work covered are the following: how public international arbitration functions in comparison to other means available for dispute settlement in international law; the PCA’s historical contributions to the current dispute settlement framework; arbitrations between a state and a non-state actor that are in whole or in part governed by public international law; the fields in which public international arbitration plays a revived role; the PCA’s present-day institutional framework and its current activities; the prospects for public international arbitration and the PCA in the dispute settlement framework of the twenty-first century; and proposals to increase the PCA’s activities in future and to sustain and enhance the institution’s ongoing revitalization. A very useful Practitioner’s Guide provides an overview of the PCA’s various services and the best means of accessing them, along with a summary of the key provisions of the new PCA Arbitration Rules 2012. For lawyers who are involved in dispute resolution proceedings, there can be little doubt about the PCA’s relevance. This book is at once an academic work, indispensable for scholars of the institution, and a practical guide that will be a required addition to the libraries of counsel, arbitrators, and others involved in dispute resolution proceedings conducted at the PCA.
Author : Anna Nylund,Kaijus Ervasti,Lin Adrian
Publisher : Springer
Page : 269 pages
File Size : 55,5 Mb
Release : 2018-04-03
Category : Law
ISBN : 9783319730196
This open access book presents twelve unique studies on mediation from researchers in Denmark, Finland, Norway and Sweden, respectively. Each study highlights important aspects of mediation, including the role of children in family mediation, the evolution and ambivalent application of restorative justice in the Nordic countries, the confusion of roles in court-connected mediation, and the challenges in dispute systems. Over the past 20-30 years, mediation has gained in popularity in many countries around the world and is often heralded as a suitable and cost-effective mode of conflict resolution. However, as the studies in this volumes show, mediation also has a number of potential drawbacks. Parties’ self-determination may be jeopardized, affected third parties are involved in an inadequate way, and the legal regulations may be flawed. The publication can inspire research, help professionals and policymakers in the field and be used as a textbook.
Author : Anonim
Publisher : Kluwer Law International B.V.
Page : 1120 pages
File Size : 41,8 Mb
Release : 2017-09-22
Category : Law
ISBN : 9789041194466
Volume 19 of the Congress Series contains the proceedings of ICCA's 2016 Mauritius Congress, the first ICCA Congress held in Africa. In this volume, renowned practitioners, scholars and jurists from the region and around the world explore the contribution of arbitration to the rule of law and economic development; the conformity of arbitration with international standards of due process and the rule of law; and the benefits and challenges of arbitration in Africa. Topical issues of interest for practitioners, academics and students of arbitration - in the region and internationally - include: • Due process issues in constituting the arbitral tribunal and challenging its members • Interim measures issued by arbitral tribunals and domestic courts • Burden, standard and types of proof in the corruption defence • What to do (and what to avoid doing) to prepare a persuasive case • Do post-award remedies ensure conformity of the arbitral process with the rule of law? • Do rules and guidelines properly regulate the conduct of arbitration? • The interface between domestic courts and arbitral tribunals • What are appropriate remedies for findings of illegality in investment arbitration? • The effect of foreign national court judgments relating to the arbitral award • What does the future hold for investment arbitration in Africa and beyond?
Author : Ernest E. Uwazie
Publisher : Cambridge Scholars Publishing
Page : 265 pages
File Size : 41,7 Mb
Release : 2014-06-26
Category : Political Science
ISBN : 9781443862547
Conflicts in Africa have a great deal in common, and striking parallels can be drawn between them at all levels. Dynamics affecting the most complex war-time conflicts, civil unrest and other macro disputes are in play even in the smallest community conflicts. The converse is also true: lessons learned through community mediation, for example in South Africa, are applicable to the most complex and largest conflicts to be found on the continent. Together, the eleven chapters in this publication, in addition to the prologue and epilogue, suggest that a comprehensive assessment of efforts and investments in conflict resolution and peace studies in Africa since the mid-1990s is due in order to identify lessons and challenges, as well as best practices. Just as conflict dynamics are comparable between African conflicts, whether large or small, local or international, so are alternative dispute resolution processes. Effective approaches to resolving large-scale conflicts and civil wars are effective at the community level, and ineffectual techniques at the community level are just as likely to be counter-productive in mediating international disputes. While there may be some differences in mediating macro- and micro-conflicts (such as the time required, the need for negotiation teams, and the complexities of agenda development or pre-negotiations), as far as the mediation process is concerned, the differences are more like variations on a theme than real substantive dissimilarities. This volume provides case studies of programs and policies, and legislations on alternative dispute resolution and peace building, and examines and proposes some new, promising ideas for conflict prevention, as well as maintenance of peace, justice and security in Africa.
Author : Francisco Orrego Vicuña
Publisher : Cambridge University Press
Page : 188 pages
File Size : 45,5 Mb
Release : 2004-11-25
Category : Law
ISBN : 0521842395
"Lauterpacht Research Centre for International Law, University of Cambridge."--T.p.
Author : Marianne O. Nielsen,James W. Zion
Publisher : University of Arizona Press
Page : 244 pages
File Size : 47,9 Mb
Release : 2005-09
Category : Social Science
ISBN : 0816524718
Describes and analyzes the Navajo peacemaking tradition of restorative justice, in which all participants are treated as equals with the purpose of preserving ongoing relationships and restoring harmony among involved parties.