Online Arbitration In Theory And In Practice

Author : Ihab Abdel Salam,Ihab Abdel Salam Amro
Publisher : Cambridge Scholars Publishing
Page : 128 pages
File Size : 53,6 Mb
Release : 2021-10
Category : Electronic
ISBN : 152757265X

Get Book

Online Arbitration in Theory and in Practice by Ihab Abdel Salam,Ihab Abdel Salam Amro Pdf

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 firstâ "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 eâ "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 â ~The CISGâ (TM) applies to eâ "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 crossâ "border commercial disputes through online arbitration.

Author : Ihab Abdel Salam Amro
Publisher : Cambridge Scholars Publishing
Page : 286 pages
File Size : 41,7 Mb
Release : 2019-01-08
Category : Law
ISBN : 9781527524569

Get Book

Online Arbitration in Theory and in Practice by Ihab Abdel Salam Amro Pdf

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 : Daniel Rainey,M. Ethan Katsh,Mohamed S. Abdel Wahab
Publisher : Unknown
Page : 740 pages
File Size : 45,7 Mb
Release : 2021-06-29
Category : Dispute resolution (Law)
ISBN : 9462361835

Get Book

Online Dispute Resolution Theory Practhb by Daniel Rainey,M. Ethan Katsh,Mohamed S. Abdel Wahab Pdf

This book is intended to provide an in-depth analysis and overview of not only the past and present but also the future of online dispute resolution. It serves as a guide to scholars and practitioners having an interest in the interplay between dispute resolution, ICTs and AI applications. The second edition updates information about ODR around the world, extends and bring up to date ODR approaches to facilitation, mediation, arbitration, and ecommerce, and adds important information about new technologies like blockchain and artificial intelligence.

Author : Daniel Rainey
Publisher : Unknown
Page : 128 pages
File Size : 45,9 Mb
Release : 2021
Category : Electronic
ISBN : 908974360X

Get Book

Online Dispute Resolution by Daniel Rainey Pdf

Online Dispute Resolution - Theory and Practice is intended to provide an in-depth analysis and overview of not only the past and present but also the future of Online Dispute Resolution. It serves as a guide to scholars and practitioners having an interest in the interplay between dispute resolution, ICTs and AI applications. The book employs international, comparative, empirical, and interdisciplinary approaches to a myriad of legal and technical issues across the ODR spectrum. ODR is a field that lies at the intersection of dispute resolution and technology and our challenge has been to examine the many different areas that are being touched by these elements of modern life. This second edition updates information about ODR around the world, extends and brings up to date ODR approaches to facilitation, mediation, arbitration, and ecommerce, and adds important information about new technologies like blockchain and artificial intelligence. Online Dispute Resolution - Theory and Practice is a must read text by scholars, practitioners, academics, and researchers in the dispute resolution and information technology field. Bron: Flaptekst, uitgeversinformatie.

Author : Mohamed S. Abdel Wahab,M. Ethan Katsh,Daniel Rainey
Publisher : Eleven International Publishing
Page : 0 pages
File Size : 55,8 Mb
Release : 2012
Category : Dispute resolution (Law)
ISBN : 9490947253

Get Book

Online Dispute Resolution by Mohamed S. Abdel Wahab,M. Ethan Katsh,Daniel Rainey Pdf

This book provides a state-of-the-art overview and assessment of the status quo and future of the Online Dispute Resolution (ODR) field. International, comparative, and interdisciplinary approaches have been utilized. Written by leading ODR scholars, the first part of the book includes an in-depth assessment of ODR, its applications, and its future in a comparative and analytical context. The second section offers a regional oriented approach, where the prospects, challenges, and success of ODR - and its applications in the North America, Latin America, Africa, Australia, Europe, and Asia - are mapped and fully addressed. The book is a must read text by scholars, practitioners, academics, and researchers in the dispute resolution and information technology field.

Author : Jay Folberg,Dwight Golann,Thomas J. Stipanowich,Jennifer Reynolds,Amy J. Schmitz
Publisher : Aspen Publishing
Page : 804 pages
File Size : 52,5 Mb
Release : 2021-09-14
Category : Law
ISBN : 9781543809084

Get Book

Resolving Disputes by Jay Folberg,Dwight Golann,Thomas J. Stipanowich,Jennifer Reynolds,Amy J. Schmitz Pdf

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. Learn more about Connected eBooks. Resolving Disputes: Theory, Practice, and Law, Fourth Edition, covers negotiation, mediation, arbitration, and hybrid approaches, preparing law students to represent clients in all types of alternative dispute resolution. The text is practical, while grounded in theory. Drawing on the authors’ decades of experience as teachers, practicing neutrals, and ADR trainers, this casebook provides vivid examples from actual cases, literature, and current media. It also offers diverse readings by leading authors, along with comprehensive video-based resources and attention to prominent developments in the field. The text integrates coverage of law, ethics, and practice, as well as interesting notes, thoughtful problems, and provocative questions. New to the Fourth Edition: Fresh new material and perspectives benefiting from two new coauthors More problems, techniques, resources, and video-based examples of effective representation in mediation Integrated access to videos, allowing students to view professionals applying techniques discussed in the book as they read Streamlined presentation—concise excerpts and summaries that allow shorter reading assignments Greater coverage of online dispute resolution (ODR) and dispute systems design (DSD)—two of the most important new directions in the field Increased focus on gender, #MeToo, culture, social activism, historical inequities, anti-racism, and other crucial issues affecting dispute resolution today Discussion of how dispute resolution is changing with new technological advances, social trends and hybrid processes Expanded arbitration section, with attention to adhesion contracts, recent cases and legislation Access to arbitration games, exercises and streaming interviews with top arbitration experts An in-depth chapter on mixing ADR modes and hybrid processes Professors and student will benefit from: Organization and readings designed to be used as part of an active experiential class without sacrificing the deep knowledge expected in a law school course 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 Practice-based approach that helps students apply the concepts and better identify the value in the content Exercises and problems that facilitate classroom discussion

Author : Gabrielle Kaufmann-Kohler,Thomas Schultz
Publisher : Kluwer Law International B.V.
Page : 406 pages
File Size : 51,9 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789041123183

Get Book

Online Dispute Resolution by Gabrielle Kaufmann-Kohler,Thomas Schultz Pdf

In a world governed by speed, the Internet plays a growing role in many of today's innovations, and the resolution of disputes using electronic means of communication may soon be part of everyday legal practice. This book offers a survey of the current state of play in online dispute resolution, from the methods and information technology currently in use to the range of regulatory solutions proposed by shareholders. Taking their analysis a step further, the authors also address this new field's most pressing issues, including possible amendments of existing legislation, treaties, and arbitration and other ADR rules. Online Dispute Resolution: Challenges for Contemporary Justice is an in-depth study of online dispute resolution today, discussing among other topics: the different methods of ODR; fields of use; ways to bring parties to online dispute resolution; validity and effects of clauses entered into online and providing for online mediation or arbitration; issues surrounding electronic communications and evidence in arbitration; and, enforcement of online dispute resolution outcomes, both through court proceedings and built-in enforcement mechanisms. This book also covers issues related to security and e-commerce in general. As a special feature, it contains a section on existing online dispute resolution providers, complete with interviews and statistics. Online Dispute Resolution: Challenges for Contemporary Justice is a significant resource for legal counsel, to arbitral institutions, ODR and ADR service providers, governments and governmental and non-governmental organizations, as well as to those with a more academic interest. This book will provide a greater understanding of online dispute resolution to persons in the fields of arbitration and ADR, e-commerce, intellectual property, civil procedure, international law, international trade and commerce, and information technology.

Author : Ihab Abdel Salam Amro
Publisher : Cambridge Scholars Publishing
Page : 197 pages
File Size : 50,6 Mb
Release : 2014-03-26
Category : Law
ISBN : 9781443858663

Get Book

Recognition and Enforcement of Foreign Arbitral Awards in Theory and in Practice by Ihab Abdel Salam Amro Pdf

This book initiates a discussion of the law and practice of recognition and enforcement of foreign arbitral awards in both common law and civil law countries. In terms of law, this book principally focuses on the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, and the harmony or clash between the New York Convention and national arbitration laws of both common law and civil law countries including the UK and the USA (as common law countries), and France, Germany and Greece (as civil law countries). In terms of practice, this book deeply and extensively examines the judicial application of the New York Convention in national courts of common law and civil law countries, and sheds light on the best practices related to the judicial application of the New York Convention, while also highlighting how future disputes can be resolved in national courts. As such, this book provides solutions for salient and recurring problems arising out of the erroneous judicial application or interpretation of the New York Convention by national courts, and encourages the adoption of a more liberal regime in favour of the recognition and enforcement of foreign arbitral awards generally, and the adoption of a more liberal interpretation of the New York Convention in national courts of both common law and civil law countries particularly. This book, which is based on more than 100 courts’ decisions from common law and civil law countries, is a valuable resource for academics, arbitrators, practicing lawyers, corporate counsels, law students and researchers interested in international commercial arbitration, as well as for business professionals involved in international trade, and those who are willing to solve their commercial disputes through arbitration.

Author : Jay Folberg
Publisher : Unknown
Page : 776 pages
File Size : 42,5 Mb
Release : 2005
Category : Law
ISBN : STANFORD:36105063976703

Get Book

Resolving Disputes by Jay Folberg Pdf

Resolving Disputes: Theory, Practice, and Law is an ideal and up-to-date text For The new generation of practice-oriented dispute resolution courses. This lively new book captures a lawyer's perspective on resolving disputes effectively and prepares your students to represent clients effectively in all forms of alternative dispute resolution. This timely and teachable text: presents class-tested material designed For The survey course, with sections on negotiation, mediation, arbitration, and hybrid designs integrates theory with strategies, ethics, And The law emphasizes practice applications and useful approaches focuses on the lawyer's perspective; the negotiation section highlights professional negotiation as an agent for clients, while the mediation and arbitration sections stress the role of the representational lawyer includes examples drawn from headline cases, literature, and lawyers' experiences, adding To The realism and relevance of the text excerpts the most important and recent articles and cases draws on the authorsiquest; extensive experience and from their key roles with major dispute resolution provider organizations as well as their many years of teaching, training, and practicing ADR A complete Teacher's Manual helps instructors prepare for class with: detailed syllabi comprehensive teaching notes provocative discussion points tested exercises and role-plays linked To The text DVD/video coordinated with the text and role-plays (available to adopters) If you want to convey more than the basics and prepare your students for successful, enlightened practice, turn to Resolving Disputes: Theory, Practice, and Law For The most current and most realistic exploration of ADR.

Author : Anonim
Publisher : Unknown
Page : 263 pages
File Size : 40,8 Mb
Release : 2016
Category : Compromise (Law)
ISBN : OCLC:953882288

Get Book

Arbitration by Anonim Pdf

Author : Renato Nazzini
Publisher : Taylor & Francis
Page : 471 pages
File Size : 54,7 Mb
Release : 2021-10-21
Category : Law
ISBN : 9781000448696

Get Book

Construction Arbitration and Alternative Dispute Resolution by Renato Nazzini Pdf

This book provides comprehensive, rigorous and up-to-date coverage of key issues that have emerged in the first quarter of the 21st Century in transnational construction arbitration and alternative dispute resolution (ADR). Covering four general themes, this book discusses: the increasing internationalisation of dispute resolution in construction law; the increasing reliance on technology in the management of construction projects and construction arbitration/ADR; the increasing prominence of collaborative contracting in construction and infrastructure projects; the increasing importance of contractual adjudication such as dispute boards in construction and infrastructure projects; the increasing prevalence of statutory adjudication mechanisms across the world; and the greater incidence of investment disputes and disputes against States and State entities over construction and infrastructure concessions and agreements. Tapping on their substantial expertise in practice and in research, the contributor team of senior practitioners and academics in the area of construction law and dispute resolution provide readers with information that balances an intellectually rigorous academic contribution against the backdrop of real concerns raised in practice. Construction Arbitration and Alternative Dispute Resolution is an invaluable resource for practitioners in the field, academics in arbitration and construction law, and post-graduate students in construction law and dispute resolution.

Author : Jay Folberg,Dwight Golann,Thomas J. Stipanowich,Lisa A. Kloppenberg
Publisher : Aspen Publishers
Page : 0 pages
File Size : 49,9 Mb
Release : 2016
Category : Compromise (Law)
ISBN : 1454838744

Get Book

Resolving Disputes by Jay Folberg,Dwight Golann,Thomas J. Stipanowich,Lisa A. Kloppenberg Pdf

Dispute resolution : what it's all about -- Negotiation and conflict : the big picture -- Perception, fairness, psychological traps, and emotions -- Negotiator styles -- Negotiation dance : step by step -- Gender, culture, and race -- Negotiating ethics -- The law of negotiation -- An overview of mediation : the big picture -- A deeper look into the process -- Representing clients : preparation -- Representing clients : during the process -- Specific applications -- Court-connected mediation and fairness concerns -- The law and of mediation -- Ethical issues for advocates and mediators -- Arbitration : the big picture -- Arbitration agreements -- Selecting arbitrators -- Arbitration procedures and awards -- The law of arbitration : judicial enforcement of arbitration agreements -- Judicial enforcement of arbitration awards -- Fairness in arbitration, part I : employment, consumer, and adhesion contracts -- Fairness in arbitration, part II : Recent legislative and judicial developments -- Mixing and matching the process to the dispute -- Dispute resolution design : stepped clauses and conflict management systems -- Looking ahead : opportunities and challenges in ADR and conflict management

Author : Nicholas R. Weiskopf
Publisher : Vandeplas Pub
Page : 681 pages
File Size : 51,8 Mb
Release : 2011
Category : Law
ISBN : 1600421342

Get Book

Commercial Arbitration by Nicholas R. Weiskopf Pdf

Author : Gabrielle Kaufmann-Kohler,Antonio Rigozzi
Publisher : Oxford University Press
Page : 691 pages
File Size : 55,6 Mb
Release : 2015
Category : Law
ISBN : 9780199679751

Get Book

International Arbitration: Law and Practice in Switzerland by Gabrielle Kaufmann-Kohler,Antonio Rigozzi Pdf

This third edition, and the first in English, of the globally-cited Arbitrage International-Droit et Pratique à la Lumière de la LDIP, provides complete guidance on arbitration law and practice relating to Switzerland from two of the leading authorities on Swiss practice.

Author : Ilias Bantekas
Publisher : Cambridge University Press
Page : 397 pages
File Size : 41,9 Mb
Release : 2015-08-13
Category : Law
ISBN : 9781107111073

Get Book

An Introduction to International Arbitration by Ilias Bantekas Pdf

Comprehensive introductory textbook on the law and practice of international arbitration.