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Author : Anita Alibekova,Robert Carrow
Publisher : Lulu.com
Page : 304 pages
File Size : 44,5 Mb
Release : 2007-06
Category : Law
ISBN : 9781430325260
An examination of the techniques or arbitration and mediation.
Author : Nadja Marie Alexander
Publisher : Kluwer Law International B.V.
Page : 538 pages
File Size : 51,5 Mb
Release : 2009-01-01
Category : Law
ISBN : 9789041132246
"In a world where the borders of the global community are fluid, and where disputants manifest increasingly diverse attributes and needs, mediation ? for decades hovering at the edge of dispute resolution practice ? is now emerging as the preferred approach, both in its own right and as an adjunct to arbitration. Mediation processes are sufficiently flexible to accommodate a range of stakeholders (not all of whom might have legal standing) in ways the formality of arbitration and litigation would not normally allow. Among mediation?s many advantages are time and cost efficiencies, sensitivity to cultural differences, and assured privacy and confidentiality. This book meets the practice needs of lawyers confronted with cross-border disputes now arising far beyond the traditional areas of international commerce, such as consumer disputes, inter-family conflicts, and disagreements over Internet-based transactions. The author takes full account of mediation?s risks and limitations, primarily its lack of finality and uncertainty in relation to enforceability issues which will persist until the advent of appropriate international regulation."--Publisher's website.
Author : Gabriël A. Moens,Philip Evans
Publisher : Springer
Page : 259 pages
File Size : 55,9 Mb
Release : 2015-05-18
Category : Law
ISBN : 9783319174525
This book provides a comprehensive Australian perspective on the resolution of resources disputes. In particular, it focuses on the use of arbitration, mediation and adjudication in the resources sector. It concentrates on arbitration as the preferred method of dispute resolution, including international commercial and investor-state arbitration. The book offers fascinating insights into the use of arbitration to investment disputes involving resources companies in the African OHADA countries, Australia and other countries. It offers an Australian perspective which will be useful to discerning arbitration scholars and dispute resolvers. In addition, the book provides useful information on how to draft arbitration clauses for resources sector contracts. This publication will be of interest to members of the academic research community and will also appeal to dispute resolution professionals and practitioners.
Author : CIArb
Publisher : Author House
Page : 731 pages
File Size : 53,5 Mb
Release : 2014
Category : Law
ISBN : 9781491886649
" The various developments and changes in the field of arbitration, coupled with the large sums and important issues which are so often at stake in them, mean that a new book providing a comprehensive overview on the topic from an authoritative source is not merely very welcome: it is positively needed by professionals involved in arbitration and their clients. It is hard to think of an organisation better qualified to sponsor such a book than the Chartered Institute of Arbitrators, with its enormous experience and authority in the field. It is also hard to conceive of a more impressive and well qualified group of contributors to such a book than the list of people who Julio CEsar Betancourt and Jason A. Crook have included in this volume. Lord Neuberger of AbbotsburyPresident of the Supreme Court of the United Kingdom The Chartered Institute of Arbitrators is a learned society that works in the public interest to promote and facilitate the use of alternative dispute resolution (ADR) mechanisms. Founded in 1915 and with a Royal Charter granted in 1979, it is a UK-based institution that has gained international presence in more than 100 countries and has more than 13,000 professionally qualified members around the world. Chartered Institute of Arbitrators 12 Bloomsbury Square London, United Kingdom WC1A 2LP T: +44 (0)20 7421 7444 www.ciarb.org Registered Charity: 803725 International Commercial Arbitration is the fastest growing dispute settlement discipline. The complexities surrounding its regulatory framework combined with an ever-increasing and constantly evolving set of acts, rules, guidelines, protocols, regulations, national legislation, international treaties, and so on may appear daunting at first glance. This ""collection of documents"" or ""supplementary material"" is designed to provide the essential reading for all those who are eager to pursue a career in international arbitration. It will also appeal to arbitration practitioners wishing to have easy access to over 700 pages of arbitration-related resources.""
Author : Klaus J. Hopt,Felix Steffek
Publisher : Oxford University Press
Page : 128 pages
File Size : 49,8 Mb
Release : 2016-04-29
Category : Law
ISBN : 9780191669347
Mediation provides an attractive alternative to resolving disputes through court proceedings. Mediation promises just results in the interest of all parties concerned, a reduction of the court caseload, and cost savings for the parties involved as well as for the treasury. The European Directive on Mediation has given mediation in Europe new momentum by establishing a common framework for cross-border mediation. Beyond Europe, many states have tried in recent years to answer the question whether, and if so, how mediation should be regulated at a national and international level. The aim of this book is to promote the understanding and discussion of regulatory issues by presenting comparative research on mediation. It describes and analyses the law and practice of mediation in twenty-two countries. Europe is represented by chapters on mediation in Austria, Bulgaria, England, France, Germany, Greece, Hungary, Ireland, Italy, the Netherlands, Norway, Poland, Portugal and Spain. The world beyond Europe is analysed in chapters on mediation in Australia, Canada, China, Japan, New Zealand, Russia, Switzerland and the USA. Against this background, further chapters on fundamental issues identify possible regulatory models and discuss central principles of mediation law and practice. In particular, the work considers harmonisation and diversity in the law of mediation as well as the economic and constitutional problems associated with privatising civil justice. To the extent available, empirical research is used as a point of reference in the critical analysis.
Author : Elliott Geisinger,Guillaume Tattevin
Publisher : Juris Publishing, Inc.
Page : 138 pages
File Size : 54,6 Mb
Release : 2013-07-01
Category : Law
ISBN : 9781933833910
Corporate counsel, arbitrators and lawyers discuss their experiences with advocates in international arbitration, their expectations of good advocacy in a critical analysis of The ASA Charter of Advocacy in International Commercial Arbitration. Issues discussed include: Differences in Culture and Style Evolution of the Role Model Over Time The Relationship with the Client and the Tribunal The Relationship with Witnesses and Experts The Use of Consultants and Their Management Contributing Authors: Sheila Ahuja Matthew Gearing Bernard Hanotiau Henry Peter Jeffrey Waincymer
Author : Christopher N. Candlin
Publisher : Routledge
Page : 325 pages
File Size : 49,8 Mb
Release : 2016-05-23
Category : Law
ISBN : 9781317149941
It is increasingly held that international commercial arbitration is becoming colonized by litigation. This book addresses, in a range of ways and from various locations and sites, those aspects of arbitration practice that are considered crucial for its integrity as an institution and its independence as a professional practice. The chapters offer multiple perspectives on the major issues in play, highlighting challenges facing the institution of arbitration, and identifying opportunities available for its development as an institution. The evidence of arbitration practice presented is set against the background of practitioner perceptions and experience from more than 20 countries. The volume will serve as a useful resource for all scholars and practitioners interested in the institution of arbitration and its professional practices.
Author : Jean-Claude Goldsmith,Arnold Ingen-Housz,Gerald H. Pointon
Publisher : Kluwer Law International B.V.
Page : 690 pages
File Size : 51,8 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041134141
Whether the andAand stands for andappropriateand, andamicableand, or andalternativeand, all out of court dispute resolution modes, collected under the banner term andADRand, aim to assist the business world in overcoming relational differences in a truly manageable way. The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents. As a result, in this book twenty-nine andintertwined but variegatedand essays (to use the editorands characterization) provide substantial insight in such specific topics as: ADRands flexible procedures as controlled by the parties; ADRands facilitation of the continuation of relations between the parties; privilege and confidentiality; involvement of non-legal professionals; the identity and the role of the andneutraland as well as the role of the arbitrator; the implementation of ICC and other international ADR rules; the workings of Dispute Boards and the role of ADR in securing investment and other specific objectives. In its compound thesis and growing in relevance every day and that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.
Author : Tibor Varady,John J. Barceló,Stefan Kroll,Arthur Taylor Von Mehren
Publisher : Unknown
Page : 1253 pages
File Size : 50,7 Mb
Release : 2015
Category : Electronic
ISBN : 163460136X
Author : Michael McIlwrath,John Savage
Publisher : Kluwer Law International B.V.
Page : 530 pages
File Size : 46,9 Mb
Release : 2010-01-01
Category : Law
ISBN : 9789041126108
This book is intended as an easily accessible desktop resource for lawyers who regularly counsel businesses when negotiating international deals, and for those who represent the same clients in achieving a successful resolution when disputes emerge. The text is divided into chapters that follow the life cycle of an international commercial dispute as seen through the eyes of the parties, from when they agree how to resolve disputes in their contracts to the endgame of enforcement. Additionally, the appendices include a number of model submissions for further reference.--Provided by publisher.
Author : Jean Kalicki,Mohamed Abdel Raouf
Publisher : Kluwer Law International B.V.
Page : 1099 pages
File Size : 50,5 Mb
Release : 2019-12-17
Category : Law
ISBN : 9789403520438
What is it about international arbitration that makes it so open to evolution and adaptation? What are the main pressure points today and the unmet needs of stakeholders? What are the opportunities for expansion to new sectors and new audiences? What are the drivers for change, the obstacles and the risks? And equally important, what are the core principles that should never be lost? These were the topics of the Twenty-Fourth ICCA Congress, held in Sydney, Australia, in April 2018, the proceedings of which are collected in this volume. The volume highlights arbitration as a ‘living organism’ that has adapted in the past to various challenges, and that today – under attack from various quarters – might need to demonstrate its adaptability again. Accordingly, the contributions address the evolving needs of users, the impact of the rapidly changing face of technology, the expectations of the public, and the convergence and divergence of different aspects of legal traditions and cultures. Topical issues of interest for practitioners, academics, and students of arbitration include the following: legitimacy and authority of arbitrators, institutions and professional organizations to act as lawmakers; investment treaty reform, with particular reference to the definition of ‘investment,’ the evolution of substantive treaty standards, and sustainable development obligations; commercial arbitration reform, including issues of public and private interest, the development of common law, and cost, delay and transparency concerns; revisiting party autonomy in choosing decision-makers, including through institutional appointments or investment courts; equality of arms, the economics of access, and the role of costs and third-party funding; public-private disputes and special issues that arise when State entities arbitrate; public participation and transparency, and their effect on both ISDS and commercial arbitration; revisiting conventional wisdom in organizing arbitral proceedings; lessons to be learned from other dispute resolution frameworks; technology as friend and enemy, including new tools, new threats, and cybersecurity; arbitration of disputes in conflict and post-conflict zones; inter-generational blame and praise in investment arbitration; and the emergence of sovereign wealth funds as arbitration participants. A special section on ‘New Frontiers in Arbitration’ offers enlightening perspectives on new types of claims and new types of stakeholders likely to affect the future of international arbitration, including the potential for climate change disputes and enlarged participation.
Author : Richard Chernick,Daniel M. Kolkey,Barbara Reeves Neal
Publisher : Juris Publishing, Inc.
Page : 1198 pages
File Size : 48,9 Mb
Release : 2012-04-01
Category : Law
ISBN : 9781933833750
The Practitioner's Handbook on International Arbitration and Mediation, 3rd Edition is a unique work with each chapter written by a well-known practitioner and expert in the field. It covers each step of the international arbitration and mediation process and offers separate chapters that summarize the laws of leading arbitral venues. This Handbook is intended to make the reader into a better practitioner or arbitrator/mediator. Moreover, each chapter has been written to provide practical advice and guidance. Unlike many works with multiple authors, this work is not simply a collection of essays on a general subject. This book is a unified work with cross references among the chapters and a consistent format throughout. The Practitioner's Handbook is divided into three parts. Part One describes in detail each step of the international arbitration process and offers tips. Part Two deals with each step and facet of an international mediation. Each of these chapters is filled with Practitioners’ Expert Commentary. Part Three summarizes the laws of leading arbitral jurisdictions, like Hong Kong, England, Switzerland, and France. These chapters give you detailed guidance on the laws governing international arbitration in that particular jurisdiction. As a result, the chapters in Part Three are a bit more technical as the authors realized that the reader would need citations to and commentary on the local arbitration statutes and rules. The CD ROM that accompanies this Work contains relevant original source material that is germane to the text. A review of the table of contents of the material contained on the CD ROM will acquaint you with the range of material covered.
Author : Jackson H. Ralston
Publisher : The Lawbook Exchange, Ltd.
Page : 434 pages
File Size : 44,8 Mb
Release : 2004
Category : Arbitration, International
ISBN : 9781584773962
Written from the perspective of a professional, this study is notable for its deep understanding of history and the nature of international arbitration. Originally published: Stanford University Press, 1929. xvi, 417 pp. The book is divided into five parts. Part I: General Principles of Judicial Settlement between Nations. Part II: Influences working toward Judicial Settlement. Part III: History of Arbitral Tribunals. Part IV: Hague Peace Conferences and their Results. Part V: The Permanent Court of International Justice. "The field of international arbitration, either in its historical or in its analytical aspects, is rather broad. To deal thoroughly with either of them is a serious task; to undertake both at once-to line up, within the limits of a volume of some 400 odd pages, the substantive and procedural rules governing the judicial settlements between nations, as well as to point out the historical growth of these rules, together with the influences, political, social and ethical, under which this growth took place-to accomplish this satisfactorily is almost inconceivable. That the author nevertheless has succeeded in producing a work which gives the reader the great contours of the history of international arbitration and makes him slightly acquainted with the innumerable problems connected with its development, speaks for the high ability of Judge Ralston and should certainly be acknowledged as an accomplishment."-- Francis Deák, 29 Columbia Law Review (1929) 1173 JACKSON H. RALSTON [1857-1945] was an American diplomat and scholar of international law. He lectured at Stanford University from 1929-1933 and represented the United States as agent and counsel in the first dispute submitted to the Permanent Court of Arbitration at The Hague under the Hague Convention of 1899. He secured a significant victory and large financial award in the Pious Fund case. Settlement of this dispute gave authority to The Hague's new court for international dispute resolution, with Ralston's victory clearly establishing his reputation. He was the author of The Law and Procedure of International Tribunals (1926) and A Quest for International Order (1941). The Jackson H. Ralston Prize in International Law was established at Stanford Law School in 1972.
Author : Bjorn Arp,Rodrigo Polanco
Publisher : Kluwer Law International B.V.
Page : 324 pages
File Size : 54,5 Mb
Release : 2022-07-06
Category : Law
ISBN : 9789403546933
Numerous developments across the world in recent years bear witness to States’ increasing skepticism about the benefits of international cooperation and the efficiency of international economic law understood as a multilateral set of rules equally binding on all States. This timely book reviews situations where this new economic nationalism may impact the way arbitration—in both commercial and investment disputes—is practiced. Distinguished international arbitrators and academic experts analyze a wide array of topics, covering a broad spectrum of juristic traditions, geographic areas, foreign investment protection laws, and dispute resolution mechanisms and issues. Topics covered include the following: evolution of the definitions of arbitrable standards; amendments to procedural rules; States’ policy choices as reflected in recent investment treaties; procedural trends to restrict access to investment arbitration; the effects of the Achmea decision in the European Union; growing use of the public policy exception; dispute settlement of public-private partnership agreements; and diversification of dispute resolution methods (e.g., business courts). An important feature of the book is the ability it offers to compare various contemporary transformations of dispute settlement mechanisms, with attention to developments in a number of jurisdictions including the United States, the European Union, China, Canada, Switzerland, Turkey, and the Latin American countries. With its comprehensive analysis of how economic nationalism may lead to limiting the jurisdictional, procedural, and substantive scope of arbitration, the authors underscore the crucial importance of a robust system of international arbitration of economic disputes to ensure a stable and secure world order. The global coverage of the contributions and the insightful views offered in them speak eloquently about their usefulness and outreach for arbitration practitioners and scholars, as well as for professionals involved in drafting policies for economic development or in the negotiation of investment agreements.
Author : Nadja Marie Alexander
Publisher : Kluwer Law International B.V.
Page : 514 pages
File Size : 51,7 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.
