Arbitration, mediation and alternative dispute resolution Books

Book SynopsisVery Short Introductions: Brilliant, Sharp, InspiringArbitration is a legal dispute resolution mechanism, alternative to courts. It provides binding decisions, enforceable around the world. It is where parties take their disputes when they have agreed that courts, for one reason or another, do not suit them - which happens more often than one might think. Some of the most politically sensitive disputes on the largest scale go to arbitration. Countries which need to settle their boundaries in areas of the oceans rich in oil, gas and other resources sometimes arbitrate, and much of the war in Sudan was eventually tied up with an arbitration. Investors who have staked billions of dollars in unstable developing countries rely on arbitration clauses to protect their investments. But also much smaller, everyday cases are routinely dealt with by arbitration - millions of consumers, whether they know it or not, enter into arbitration contracts when they conclude routine transactions. Even athletes get involved in arbitration cases of great notoriety, for instance when these relate to doping offences during the Olympic Games.This Very Short Introduction explains what arbitration is, how it works, what parties who have agreed to go to arbitration should expect, the relationship between arbitration and the law, and the politics of arbitration. It also considers where the global system of arbitration is headed. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.Table of ContentsPrologue 1: Where does arbitration come from? 2: How does arbitration work? 3: From financial crises to doping disputes: "I will see you in... arbitration!" 4: Arbitration and the law 5: The geopolitics of arbitration against governments 6: Where is arbitration going? References Further Reading Index

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Book SynopsisTable of ContentsChapter 1: Take the Fear Out of Negotiation Chapter 2: Put the Right Issues on the Table Chapter 3: Build Your BATNA Chapter 4: Define Your Reservation Point Chapter 5: Establish an Ambitious Goal Chapter 6: Make the First Offer, and Craft a Compelling Message Chapter 7: Reinforce Your Message with a Multiple Offer Chapter 8: Say It, Don’t Send It Chapter 9: Leave Yourself Room to Concede to Close the Deal Chapter 10: The Five F’s to Ensure You Are a Fearless Negotiator Acknowledgments About the Author Index

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Book SynopsisEveryone condemns what they perceive as ''abuse of rights'', and some would elevate it to a general principle of law. But the notion seldom suffices to be applied as a rule of decision. When adjudicators purport to do so they expose themselves to charges of unpredictability, if not arbitrariness. After examining the dissimilar origins and justification of the notion in national and international doctrine, and the difficulty of its application in both comparative and international law, this book concludes that except when given context as part of a lex specialis, it is too nebulous to serve as a general principle of international law.Trade Review'With precision and passion, Paulsson challenges a shibboleth of international law.' W. Michael Reisman, Professor, Yale Law School'Paulsson's characteristic insistence that - in Holmes' phrase - we must think things, not words, and his willingness to puncture conventional wisdom, all make this a vital read for anyone concerned with the nature of law; characteristically, too, this is at the same time erudite and readable, clear-headed and quotable.' Alan Scott Rau, Professor Emeritus, University of Texas School of Law'Some may describe this book as iconoclastic. I say simply: legal theory at its best.' Francisco Gonzáles de Cossío, Arbitrator and Professor, Universidad Iberoamericana and Escuela Libre de Derecho, Mexico'Unprincipled and unstructured pleas of abuse of rights will not survive the publication of this book.' Zachary Douglas QC, Institut de hautes études internationales et du développement (Geneva)'I strongly recommend this book, supremely sharp on technical reasoning and sensitive to challenges and limitations of the reality of international dispute settlement that the author knows so well. Whether the reader finds themselves largely persuaded by Paulsson's argument, as I was, they will certainly be intellectually enriched from reading the treatment of an important topic by one of the great figures of modern international dispute settlement. The essentially simultaneous publication in autumn 2020 of The Unruly Notion of Abuse of Rights and the merits judgment of the ICJ in Immunities and Criminal Proceedings puts the book under review in the rare category of perfectly timed scholarship that independently captures the substance of the leading judgment, explains the intellectual backstory of a key concept, and is likely to significantly shape future developments in the field.' Martins Paparinskis, Arbitration InternationalTable of Contents1. Matters of nomenclature; 2. An idealistic but troublesome impulse; 3. A cacophony of criteria; 4. A 'principle' with no rules?; 5. The challenge of establishing universal principles; 6. The Politis/Lauterpacht quest to elevate abuse of right; 7. Rejection and retrenchment; 8. The vanishing prospect.

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Book SynopsisNow in its third edition, Mustill & Boyd: Commercial Arbitration remains the classic, standard work on its subject. Extensively updated since the previous edition, this essential work provides an in-depth guide to the Arbitration Act 1996 and the practice resulting from it. The new edition also includes expert consideration of the latest case law, coverage of new themes and the latest concepts in arbitration. Combining expert commentary on the origins, essence and characteristics of the Arbitration Act 1996 with practical guidance on the application of the Act in court, this work is still truly indispensable.

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Book SynopsisBeyond the Courtroom provides a compilation of articles and chapters by a dispute resolution scholar who has made remarkable contributions over his thirty-year career. Professor Abramson has focused his research and practice on parties trying to resolve their own disputes. This book includes publications that have contributed to launching the then new field of mediation representation with special attention on how attorneys, as gate keepers to mediation, can effectively represent clients. The book also includes his original publications that have contributed to the emerging field of intercultural and international mediation and the already robust and mature field of negotiations.Table of Contents About the Author Foreword 1. Introduction and Overview of the Three Parts Part I: Mediation Representation 2. Mediation Representation, Acknowledgements 3. Problem-Solving Advocacy in Mediations: A Model of Client Representation 4. Mediation Representation, Table of Contents and Introductory Chapter 5. Are Legal Disputes Just about Money? Answers from Mediators on the Front Line 6. Mediation Representation: Representing Clients Anywhere Part II: Intercultural and International Mediations 7A. International Dispute Resolution: Cross-Cultural Dimensions and Structuring Appropriate Processes (A) 7B. International Dispute Resolution: Cross-Cultural Dimensions and Structuring Appropriate Processes (B) 8. Protocols for International Arbitrators Who Dare to Settle Cases 9. Mining Mediation Rules for Representation Opportunities and Obstacles 10. Selecting Mediators and Representing Clients in Cross-Cultural Disputes 11. Criteria for Approving Programs to Qualify Mediators for IMI Inter-Cultural Certification 12. Crossing Borders into New Ethical Territory: Ethical Challenges When Mediating Cross-Culturally 13. Outward Bound to Other Cultures: Seven Guidelines for U.S. Dispute Resolution Trainers Part III: Negotiations 14. Mediation Representation, 3rd Edition, Chapter 1, Negotiating in Mediations 15. Fashioning an Effective Negotiation Style: Choosing between Good Practices, Tactics and Tricks 16. Nelson Mandela as Negotiator: What Can We Learn from Him?

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Book SynopsisMediation and Dispute Resolution addresses contemporary challenges and new developments in mediation. It aims to provide you with the key tools needed as an ADR practitioner to develop your own style and practice.The book examines the impact of diversity and cultural difference in mediation, gender difference and its implications, and the process of managing high conflict. It also explores new areas of practice such as apology and reconciliation and conjoint mediation and therapy. With advice on how to manage the move into mediation from a previous professional career, the conflicts between practitioners' personal lives and their work are also discussed.Throughout, the book focusses on practical strategies and skills, using case examples in each chapter to highlight the application of theory. An invaluable resource for both experienced and novice mediators to build, consolidate and improve their practice, this book is a perfect complement to Whatling's introductory guide Mediation Skills and Strategies.Trade ReviewTony brings his customary wisdom and insight to a range of urgent issues, many of which are not widely written about, yet which pose increasing challenges for today's dispute resolution practitioners. This is an essential read for professionals across all dispute contexts, wanting to enhance their practice. Timely, thought-provoking and illuminating. -- Andrew Sims, Independent Mediator, Consultant and TrainerThis book offers reflections on mediation process and practice, revealing the author's deep knowledge of theory and practice. It brilliantly addresses problems and issues which concern mediators. Each chapter delivers a short masterclass. It may challenge some mediators' ideas; it will certainly help them to hone their skills. -- Margot Moffitt LLB FMCA, Family Mediator and Director of Family Mediation North EastThis book is a timely reminder of what it means to be a mediator. Packed with practical examples, theoretical insights and historical perspectives; an excellent primer for the novice mediator and a welcome refresher for the experienced (and sometimes jaded!) practitioner. -- Marilyn Webster, Director, Prime Resolution Ltd.

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Book SynopsisMediation is a process that can be used to resolve conflict in many different dispute contexts. This book focuses on the essential skills and strategies needed by any mediator to be successful in their work.Tony Whatling draws on his extensive experience in the field of mediation to explain the range of skills and strategies that are commonly used, as well as why you would use different skills and when they are best employed. The author shows how, by adopting these techniques, a mediator can manage challenging conflicts. It features the use of questioning skills and how they can be used effectively, as well as how to deal with high emotion and negative responses.This book is essential for anyone who wants to improve their mediation skills, whether as a trainee, novice or experienced professional.Trade ReviewTony Whatling has done exactly what he set out to do: to offer a straightforward, comprehensive description of core mediation skills and strategies... The manyexamples that are included in the book as a whole bring the mediation process to life, endorse the power of core mediation skills and provide encouragement and a reminder to all mediators to practise and develop those skills in order to be effective in helping people to take charge and resolve conflicts positively for themselves. It deserves a place on all our bookshelves. -- Family LawTony Whatling has written this book to fill a gap he identified in mediation-related literature. Whilst books on conflict theory, legal issues, and how to manage the mediation process and its stages abound, it is the author's contention that there are but few works offering a 'straightforward, comprehensive collection of mediator skills and strategies'. Whether he is correct in his assessment or not, there can be little doubt that mediation practitioners should be glad that he made it, for he has produced a fine book to plug the hole. The book may be a practical guide, but it is more than just a 'how to' manual. Whatling shares with the reader the assumptions and principles which inform his practice and his thinking. -- Mediation DigestA positive "gem" of insight and wisdom! Tony Whatling draws on nearly three decades of experience as a mediator and trainer to explain in simple phraseology a variety of mediation models; the skills that accompany them and their appropriate use...There is value for everyone in this book from those individuals in the process of training or recently qualified, to experienced mediators. The publication includes plenty to refresh knowledge, review skills and acquire alternative perspectives... The author achieves simplicity with thoroughness; easy to read yet with observations based on a wealth of personal experience and expertise. -- Academy of Experts JournalThis is an excellent practice guide to mediation, which will be of benefit to anyone working in public or private law who has to mediate between two or more parties, even if not carrying out full 'mediation'. In a short text, the author initially takes the reader through the essential principles of mediation (voluntary participation, neutrality, impartiality and confidentiality), discusses various models of processes in mediation and the attributes of mediators, before going on to consider more detailed issues. He uses examples all through the text. -- CAFCASSThe reader of this book is indeed fortunate to have the benefit of Tony Whatling's unique wealth of mediation practice, training and teaching experience distilled so accessibly. This clear and comprehensive exposition of mediator skills and strategies, enriched both by vivid concrete examples and the theoretical literature, is essential reading for anyone wishing to acquire and enhance their mediation expertise. -- Marian Roberts, Visiting Fellow, Department of Law, London School of Economics, and author of Developing the Craft of MediationTony Whatling gathers together pearls of wisdom which he has been passing on to mediation trainees and colleagues for over three decades. His book is remarkably comprehensive, yet very easy to read. For a trainee or inexperienced mediator it will be absolutely invaluable. It affords the opportunity to experienced mediators to refresh, hone and acquire skills in a thoroughly enjoyable read which I unhesitatingly recommend. -- Margot Moffit, Family Law solicitor, family mediator and trainerTable of ContentsIntroduction. 1. Mediation, Alternative Dispute Resolution and some essential principles defined. 2. Listening skills. 3. Questioning skills. 4. Providing a mirror to the client. 5. Some more advanced level strategies. 6. Managing high conflict and emotion. 7. Responding to difficult questions and behaviour. References. Index.

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Book SynopsisAny practising lawyer and student working with international commercial contracts faces standardised contracts and international arbitration as mechanism for dispute settlement. Based on extensive practical experience, this book explains the interaction between contracts terms, applicable rules of law and arbitration.Table of ContentsIntroduction; 1. International contract practice and its expectations in terms of the governing law; 2. The role of transnational law; 3. The impact of the governing law; 4. Which state law governs an international contract?; 5. Does arbitration ensure a self-sufficient contract?; 6. Conclusion; Appendices; Bibliography; Index.

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Book SynopsisThis book presents an exploration of a wide range of issues in law, regulation and legal rights in the sectors of information protection, the creative economy and business activities following COVID-19. The debilitative effect of the global pandemic on information protection and creative and business activities is powerful, widespread and deeply influential, bringing a range of uncertainties to these sectors. The effects of the crisis challenge the fundamentals of the legal systems of most countries in their attempt to govern them. Written by international academics from a diversified background of law disciplines and legal systems, this book offers a global vision in exploring the wide range of legal issues caused by the COVID-19 crisis in these fields. The book is organised into three clear thematic parts: Part I looks at information protection and intellectual property rights and strategies; Part II examines contracts, cooperation and mediation in the post-COVID-19 market Table of Contents The Pandemic Crisis and its Global Legal Impact on Information Protection, Creative Economy, and Business Activities Part I Information Protection and Intellectual Property Rights and Strategies Mapping the Legal Landscape of Information Law in Times of Crisis Fashion After COVID-19: Virtually the Same but Different Broken Copyright in the Pandemic Crisis – Rethinking Public Interest in China Part II Contracts and Mediation in the Post-COVID-19 Market Arena The Global Impact (Both Challenges and Opportunities) of COVID-19 on Rights and Justice Mediation as a Key Conflict Resolution System to Address the Increase in Litigation as a Result of COVID-19 Part III Corporate Governance and Employment Rights Increased Employees’ Engagement Power at the Time of Crisis Dangerous Circumstances, Discipline and Dismissal: Some Employment Law Impacts of COVID-19 Labour Force, Suspended Rights and Entrepreneurs’ Disruption of Activities Part IV Conclusion Reflections on COVID-19

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Book SynopsisEverything you need to enter the exciting field of legal mediation To be an effective mediator, it's essential to possess the ability to take control of animated situations, offer advice, and facilitate discussion all the while remaining neutral without formulating biased judgment.Table of ContentsIntroduction 1 Part I: Acquiring the Keys to Mediation Success 7 Chapter 1: Achieving Success as a Mediator 9 Chapter 2: Choosing the Right Niche 21 Chapter 3: Training for Your Chosen Market and Niche 35 Part II: Becoming a Master Mediator 61 Chapter 4: Navigating the Mediation Process 63 Chapter 5: Mediating with and without Lawyers 83 Chapter 6: Exploring Different Mediation Styles 97 Chapter 7: Honing Essential Mediation Skills 115 Chapter 8: Employing Conflict Dynamics to Resolve Any Dispute 135 Part III: Improving Your Success Rate 157 Chapter 9: Establishing and Maintaining Control 159 Chapter 10: Transitioning from Adversarial Negotiation to Collaborative Mediation 173 Chapter 11: Capitalizing on Your People Skills 187 Chapter 12: Problem-Solving Like a Pro 201 Chapter 13: Breaking through Impasse 219 Chapter 14: Closing and Memorializing the Parties' Agreement 245 Part IV: Launching Your Own Mediation Practice 255 Chapter 15: Building Your Business from the Ground Up 257 Chapter 16: Marketing Yourself and Your Business Online and Off 273 Chapter 17: Growing Your Business through Client Retention and Community 289 Part V: The Part of Tens 303 Chapter 18: Ten Practices of the Super Mediator 305 Chapter 19: Ten Major Mediating Mistakes and How to Avoid Them 311 Chapter 20: Ten Tips for Busting Impasse 317 Index 323

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Book SynopsisModern organizational crises are complex, diverse, and frequent. Ineffective crisis management can result in catastrophic loss. Crisis Management: Resilience and Change introduces students to best practices for preventing, containing, and learning from crises in our global, media-driven society. While covering the strengths of existing works on crisis management, such as systems, leadership, communication, and stakeholder perspective, this innovative new text goes beyond to include global, ethical, change, and emotional aspects of crisis communication. Using her proven transformative crisis management framework, Sarah Kovoor-Misra illustrates how organizations of all sizes can be adaptable, proactive, resilient, and ethical in the face of calamity.Trade Review"A refreshing take on crisis leadership, Crisis Management: Resilience and Change goes beyond the typical crisis communication books in its focus on a much-needed ethical and global approach to leadership in crisis management. With well-known international examples of contemporary crises, Sarah Kovoor-Misra takes us into the mindset and the role of effective leaders and their decision-making strategies in times of crisis. This must-read book fills an important need at a time when leadership in crisis management is sorely needed. Well organized and easy-to-read, it should be on every leader and every student’s list." -- Amiso M. George"Crisis Management contains real-world information with a strong understanding of today’s on-line and traditional media." -- Andrea Obston"Crisis Management: Resilience and Change provides truly teachable moments moving beyond reactivity in crisis situations, providing leaders and organizations for betterment and progress following a crisis." -- Diana Lynne Bruns"This is a solid text that goes beyond crisis management. It provides important information on leading and managing in a dynamic environment, and is appropriate for all business students interested in becoming leaders capable of guiding their organizations in turbulent times." -- Herbert RauTable of ContentsIntroduction Acknowledgments About the Author PART I. FOUNDATION: UNDERSTANDING THE BASICS Chapter 1. The Nature of Organizational Crises: Understanding Its Structure What Are the Attributes of a Crisis? What Are the Causes of Crises? What Are the Consequences of a Crisis? What Are the Forms and Types of Crises? What Are the Phases of a Crisis? Conclusion Chapter 2. Organizational Crises as Change Why Is a Crisis a Change for Organizations? How Can Organizational Decline Cause Crises? How Can Organizational Growth Cause Crises? How Do Crisis Situations Differ From Other Forms of Change? What Are the Implications for Crisis Management? Conclusion Chapter 3. Transformative Crisis Management: An Overview What Does it Mean to be Transformative? What Are Some Benefits of a TCM Approach? What Are the Intellectual Roots of a TCM Approach? What Are the Phases of Transformative Crisis Management? What Are Some Critical Processes that Foster TCM? What Are Some Key Differences Between a Nontransformative Crisis Management and a TCM Approach? Conclusion PART II. CRISIS PREPAREDNESS: BUILDING RESOURCES Chapter 4. Transformative Leaders How Are Leaders a Resource during TCM? What Is a Transformative Mind-Set? What Are Some Important Transformative Values? What Are Some Important Leadership Traits? What Are Some Important Leadership Abilities? What Are Some Important Sources of Power? How Can Leadership Capacity for TCM be Built? Conclusion Chapter 5. Transformative Individuals How Are Individuals a Resource during TCM? What Mind-Sets and Values Are Important? What Are Some Important Personality Traits? What Are Some Important Abilities? How Can Organizations Support Transformative Individuals? Conclusion Chapter 6. Organizational Culture, Identity, and Character What Are Organizational Culture, Identity, and Character? How Are Organizational Culture, Identity, and Character Resources During TCM? How Can a Transformative Organizational Culture, Identity, and Character be Built? Conclusion Chapter 7. Positive Stakeholder Relationships and Adaptable Infrastructure Positive Stakeholder Relationships Adaptable Infrastructure as a Resource during Crisis Management Concluding Crisis Preparedness PART III. UNDER PRESSURE: Crisis Containment, Recovery and Growth Chapter 8. Crisis Containment: Managing Crises in Positive Ways Why Is Containing a Crisis Challenging? What Is Effective Crisis Containment? What Are the Stages of Crisis Containment? How Can Leaders Effectively Contain a Crisis? Conclusion Chapter 9. Postcrisis Recovery: Addressing Damage, Deriving Positive Outcomes What Are Some Areas of Damage that May Need to be Addressed? What Are Some Positive Outcomes that can be Attained? How Can Leaders Repair Operational and Physical Damage? How Can Psychosocial Damage Be Healed During Recovery? How Can Leaders Effectively Facilitate Postcrisis Recovery? Conclusion Chapter 10. Postcrisis Growth: Fixing, Rebuilding, Renewing What Is Postcrisis Growth? How Can Leaders Facilitate Learning During Postcrisis Growth? How Can Leaders Fix Problems and Rebuild Resources During Postcrisis Growth? How Can Leaders Foster Renewal and Vitality During Postcrisis Growth? What Steps Can Leaders Take to Facilitate Postcrisis Growth? Conclusion Organizational Postcrisis Growth Assessment Index

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Book SynopsisHow do ordinary people access justice? This book offers a novel socio-legal approach to access to justice, alternative dispute resolution, vulnerability and energy poverty. It poses an access to justice challenge and rethinks it through a lens that accommodates all affected people, especially those who are currently falling through the system. It raises broader questions about alternative dispute resolution, the need for reform to include more collective approaches, a stronger recognition of the needs of vulnerable people, and a stronger emphasis on delivering social justice. The authors use energy poverty as a site of vulnerability and examine the barriers to justice facing this excluded group. The book assembles the findings of an interdisciplinary research project studying access to justice and its barriers in the UK, Italy, France, Bulgaria and Spain (Catalonia). In-depth interviews with regulators, ombuds, energy companies, third-sector organisations and vulnerable people provide a rich dataset through which to understand the phenomenon. The book provides theoretical and empirical insights which shed new light on these issues and sets out new directions of inquiry for research, policy and practice. It will be of interest to researchers, students and policymakers working on access to justice, consumer vulnerability, energy poverty, and the complex intersection between these fields. The book includes contributions by Cosmo Graham (UK), Sarah Supino and Benedetta Voltaggio (Italy), Marine Cornelis (France), Anais Varo and Enric Bartlett (Catalonia) and Teodora Peneva (Bulgaria).Trade ReviewA compelling and original contribution to the socio-legal literature on access to justice … the first such study of access to justice relating to the European energy market … It should appeal to any scholar – experienced academic or student … [and] of great value to those working in or on energy poverty because it makes a powerful and well-informed case for reform and ensuring that systems of ADR feel accessible to those who need them. The current energy crisis highlights the need for such reform. -- Daniel Newman, Cardiff University * Journal of Law and Society *Table of ContentsIntroduction I. Introduction II. An Orientation to Key Concepts III. Contribution to Socio-Legal Scholarship IV. Outline of the Book’s Content and Argument V. A Note on Case Study Selection and Methodology VI. The Structure of this Book PART I ACCESS TO JUSTICE FOR VULNERABLE AND ENERGY-POOR CONSUMERS 1. The Access to Justice Challenge I. Introduction II. The Scale and Nature of the Access to Justice Challenge III. Understanding the Barriers to Access to Justice IV. Particular Barriers Facing Energy Consumers V. Consumer Vulnerability and Energy Poverty as Barriers to Accessing Justice VI. Barriers Experienced by Vulnerable and Energy-Poor Consumers: Highlights from Our Data VII. Conclusion 2. A Holistic Vision of Access to Justice I. Introduction II. Access to Justice Beyond Lawyers and Courts III. Beyond Procedural Access to Justice IV. Reforming Access to Justice V. Conclusion 3. European Union Law and Policy on Access to Justice I. Introduction II. Recognition of Vulnerability and Energy Poverty in EU Law and Policy III. The Development of ADR for Consumer Disputes in the Energy Sector IV. Access to Justice, Collective Redress and Consumer Protection Measures V. Ongoing Problems for Vulnerable and Energy-Poor Consumers in the European Energy Market VI. Conclusion 4. ADR and Access to Justice I. Introduction II. Initial Observations Based on the Access to Justice Literature III. The Critical Debate on Access to Justice and ADR IV. Specific Issues in the Consumer-Disputing Context V. Conclusions 5. ADR and Access to Justice: Empirical Insights I. Introduction II. Empirical Insights III. Discussion IV. Conclusion 6. Everyday Experiences and the Role of Local Actors I. Introduction II. Legal Alienation, Relational Distance and Access to Justice III. Vulnerable and Energy-Poor Consumers, the Energy Market and Formal Institutions: Stories of Alienation and Disconnection IV. Local Actors: More than Intermediaries V. Conclusion 7. Towards a More Holistic System of Access to Justice I. Introduction II. Recapping the Argument of the Book III. Dispute System Design and the Delivery of Holistic Access to Justice IV. From Added Value to Inclusive Design: Overview of Design Options V. Limitations and Directions for Future Research VI. Conclusion PART II ACCESS TO JUSTICE, ADR AND ENERGY POVERTY IN FIVE COUNTRIES 8. Introduction to Part II I. Outline of Chapters 9. Energy Injustice in Bulgaria Teodora Peneva I. Introduction II. Energy Poverty in Bulgaria III. Consumer Protection Mechanism IV. Key Areas of Energy Injustice V. The Energy Injustice Labyrinth in Bulgaria VI. Constraints for Energy Justice in Bulgaria VII. Conclusions 10. Energy Poverty and Access to Justice in Catalonia Anaïs Varo and Enric R Bartlett Castellà I. Introduction II. The Spanish Electrical System III. Vulnerable Consumers and Access to Energy Justice in Catalonia IV. Energy Poverty: What are the Gaps in the Current Measures? V. Moving Towards a Just Energy Model:Policy Implications VI. Conclusions 11. Access to Justice and Energy Poverty in France Marine Cornelis I. Introduction II. Energy Poverty III. A Complex ADR Landscape: Divided between the National Public Ombudsman, Company Mediators and Other Public Parties IV. What are the Barriers to Access Justice for Energy Consumers? V. What Role does ADR (Ombuds) Play in Accessing Justice for Energy-Poor and Vulnerable Consumers? VI. How can Vulnerable Consumers Access Justice? VII. What can be done to Improve the Situation? VIII. Conclusion 12. Access to Justice for Vulnerable and Energy-Poor Consumers in Italy: Policy Measures and the Role of ADR Sarah Supino and Benedetta Voltaggio I. Italian Policies to Tackle Energy Poverty II. Access to Justice for Vulnerable and Energy-Poor Consumers in Italy: The Role of ADR III. Data on ADR Procedures in the Energy Sector IV. Conclusions 13. Access to Justice in Energy: United Kingdom Cosmo Graham I. Introduction II. The Legal Framework of Energy Regulation in Great Britain III. The GB Energy Industry IV. The Fuel Poverty Strategy V. Complaints against Energy Companies VI. Conclusion

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Book Synopsis“… remains a must read for practitioners and academics interested in more than the substantive law of trans-border commercial activity.” (King’s Law Journal) Volume 2 of this new edition covers the transnationalisation of dispute resolution, especially arbitration, and contains a critical analysis of the main challenges to its success, continuing credibility, and effectiveness. The volume distinguishes between commercial, financial, and foreign investment arbitration and concentrates on the status, role, and reasoning of international arbitrators, their limited powers especially in matters of public policy and in property matters, the threat of judicialisation, and the need to connect with mediation and a settlement ethos. The complete set in this magisterial work is made up of 6 volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law.Table of ContentsPart I International Commercial Arbitration 1.1. Introduction 1.2. The Process of Legal Transnationalisation. The Operation of the Modern Lex Mercatoria as Lex Arbitri. Transnational and Domestic Public Policy Considerations in the International Arbitral Process 1.3. International Arbitration: Initial Steps and Complications 1.4. The Conduct of the Proceedings and the Award 1.5. The Role of National Courts 1.6. The New York Convention. International Recognition and Enforcement of the Awards Part II International Financial Arbitration 2.1. Introduction 2.2. Building Blocks of Private Law in International Finance. The Applicable Law and its Transnationalisation 2.3. Financial Arbitration, Public Policy Concerning Financial Instruments, Regulation, and Remedies 2.4. Complications in International Financial Arbitrations 2.5. The Emergence of P.R.I.M.E. Part III Foreign Investment Arbitration 3.1. Introduction 3.2. The Basic Foreign Investment Protections. Direct Foreign Investors’ Claims and the Role of Investment Arbitration 3.3. The Applicable Law in Foreign Investments 3.4. Proprietary and Non-proprietary Takings 3.5. Dispute Resolution and the Transatlantic Trade and Investment Partnership (TTIP). The EU 2014 Questionnaire, Subsequent Action, and the EU/Canada Treaty (CETA) Part IV The Reasoning of International Arbitrators 4.1. Introduction 4.2.A Proper Perspective 4.3.Conclusions

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Book SynopsisIn this Liber Amicorum, leading experts and old-time friends from around the world come together to pay tribute to Christopher Hodges’ multifaceted career and work by exploring what can be done to deliver justice and fairness, focusing on collective redress, consumer dispute resolution, court system reform, ethical business regulation and regulatory delivery. After a decade-long career as a solicitor, Christopher Hodges became Professor of Justice Systems at the Centre for Socio-Legal Studies at the University of Oxford. Throughout his academic career he worked on a variety of topics dealing with access to justice and dispute resolution: from product liability, procedural/funding systems and collective redress, to alternative dispute resolution and ethical business regulation. In 2021 Christopher Hodges was awarded an OBE for services to business and law. His ground-breaking research not only inspired students and colleagues, but also influenced policymakers worldwide. Delivering justice, and “making things better”, runs like a thread through his work; the same thread connects the chapters in this book.Table of ContentsPart One: Homage to a Polymath 1. The Multidimensional Career of a Polymath, Xandra Kramer (Erasmus University Rotterdam, the Netherlands) Stefaan Voet (KU Leuven, Belgium), Lorenz Ködderitzsch (Johnson & Johnson, Belgium), Magdalena Tulibacka (Emory Law School, USA) and Burkhard Hess (Max Planck Institute Luxembourg for Procedural Law) 2. Resume and Main Publications, Xandra Kramer (Erasmus University Rotterdam, the Netherlands) Stefaan Voet (KU Leuven, Belgium), Lorenz Ködderitzsch (Johnson & Johnson, Belgium), Magdalena Tulibacka (Emory Law School, USA) and Burkhard Hess (Max Planck Institute Luxembourg for Procedural Law) 3. The Friend, David Marks (CMS Cameron McKenna, United Kingdom) 4. Policy Behaviour: Forging the Blueprint, Arundel McDougall (European Justice Forum, Belgium) and Urs Leimbacher (Swiss Re, Switzerland) 5. A Love of Music: From Oxford to the Sixteen, Harry Christophers CBE (The Sixteen, United Kingdom) 6. ‘In Modern Comic Opera One Sometimes Has to Wing It. If It’s Too Absurd to Say It, Then Sing It!’, Jeremy Gray (Bampton Classical Opera, United Kingdom) 7. Solicitor, Academic, Policymaker!, Diana Wallis (former European Parliament, Belgium) Part Two: Collective Redress 8. What is Collective in EU Collective Redress?, Hans Micklitz (European University Institute, Italy) and Andrea Wechsler (Pforzheim University, Germany) 9. ‘Je t’aime, moi non plus’: Why Europe Needs Strong Collective Redress, Alexandre Biard (Erasmus School of Law, the Netherlands) 10. Collective Redress in EU Consumer Law - How It Is, How It Could Be, Stephen Weatherill (University of Oxford, United Kingdom) 11. Let’s Redress European Redress the Hodges Way! Redressons redress en Europe à l’Hodgienne! A Look at How Canada Resolves the Conflicting Collective Claims Cross-Border Conundrum and How May the Canadian Solution Help Us in the EU?, Herbert Woopen (European Justice Forum, Belgium) 12. Deadweight Loss and Collective Redress in Competition Law, Franziska Weber (Erasmus School of Law, the Netherlands) 13. Third Party Funding in Collective Redress, Astrid Stadler (University of Konstanz, Germany) 14. Do Collective Redress Mechanisms Deliver Justice?, Mary Bartkus (Hughes Hubbard & Reed LLP, US) Part Three: Consumer Dispute Resolution 15. Does ADR “Get It”?, Lewis Shand Smith (Business Banking Resolution Service, United Kingdom) and Matt Vickers (Ombudsman Services, United Kingdom) 16. Consumer Dispute Resolution in the Digital Era: Access for Some Consumers?, Eline Verhage (Leiden University, the Netherlands) and Naomi Creutzfeldt (University of Westminster, United Kingdom) 17. Rise and Fall of Traffic Accident ADR in Japan: The Cause and the Possible Remedy, Takuya Hatta (Kobe University, Japan) 18. CDR: Catalyst for China’s E-Commerce, Ying Yu (University of Oxford, United Kingdom) and Alex Chung (University College London, United Kingdom) Part Four: Court System Reform and New Technologies 19. Digital Technology and The Development of Holistic Dispute Resolution, Sir Geoffrey Vos (Master of the Rolls, United Kingdom) and John Sorabji (UCL, United Kingdom) 20. The Evolution of No-Fault Compensation Schemes for Personal Injuries, Sonia Macleod (University of Oxford, United Kingdom) 21. No-Fault Compensation Systems in the Pandemic Context, Lorenz Ködderitzsch (Johnson & Johnson, Belgium) Part Five: Ethical Business Regulation, Corporate Behaviour, and Regulatory Delivery 22. Ethical Business Practice and Regulation and Beyond: Challenging Traditional Approaches to Compliance and Enforcement, Ruth Steinholtz (AretéWork, United Kingdom) and Srikanth Managalam (University of Queensland, Australia) 23. The Evolution of INDR 2017 – 2022, Hilary Evans (INDR, United Kingdom) and Graham Russell, Departments for Business, Energy and Industrial Strategy, United Kingdom)

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Book SynopsisDigital mediation is here to stay, but how do mediators, advisers and clients achieve the same results from digital mediations as they do from face to face mediations? Do new skills and mindsets need to be learnt? Can you build rapport online? Can you read emotions? How do you market online? How do you decide whether it’s the right choice for your dispute? How does digital mediation fit into the world of the Digital Justice System and mandatory mediation? Answering these questions and many more, this is the only book to focus on mediation as opposed to other means of Online Dispute Resolution such as arbitration. This title: - Includes checklists and templates written by a mediator who has conducted over 280 digital mediations - Covers topics including smart systems, ‘smart settle’, the use of artificial intelligence, ChatGPT and mixed media mediations - Teaches mediators, advisers and clients the different skills and mindsets essential to success in the world of digital mediation - Shows how to market mediation online with practical guidance on websites, videos, blogs and podcasts - This book is essential reading for all mediators wishing to adapt to the new norm of digital mediation. This title is included in Bloomsbury Professional's Mediation online service.Table of Contents1. The Digital Justice System 2. What is digital mediation 3. What do we have now? 4. Mediation now v 2019 5. Marketing 6. Videos 7. Communicating online 8. Digital platforms 9. Agreements 10. Advantages of digital mediation 11. Disadvantages of digital mediation

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Book SynopsisLearn how to deal with difficult colleagues and clients.At the heart of dealing with difficult people is handling their--and your own--emotions. How do you stay calm in a tough conversation? How do you stay unruffled in the face of passive-aggressive comments? And how do you know if you're difficult to work with?This book explains the research behind our emotional response to awful colleagues and shows how to build the empathy and resilience to make those relationships more productive.Books in this series are based on the work of experts including: Daniel Goleman Tony Schwartz Nick Morgan Daniel Gilbert This collection of articles includes "To Resolve a Conflict, First Decide: Is It Hot or Cold?" by Mark Gerzon; "Taking the Stress Out of Stressful Conversations," by Holly Weeks; "The Secret to Dealing with Difficult People: It's About You," by Tony Schwartz; "How to Deal with a Mean Colleague," by Amy Gallo; "How To Deal with a Passive-Aggressive Colleague," by Amy Gallo; "How to Work with Someone Who's Always Stressed Out," by Rebecca Knight; "How to Manage Someone Who Thinks Everything Is Urgent," by Liz Kislik; and "Do You Hate Your Boss?" by Manfred F. R. Kets de Vries.HOW TO BE HUMAN AT WORK.The HBR Emotional Intelligence Series features smart, essential reading on the human side of professional life from the pages of Harvard Business Review. Each book in the series offers proven research showing how our emotions impact our work lives, practical advice for managing difficult people and situations, and inspiring essays on what it means to tend to our emotional well-being at work. Uplifting and practical, these books describe the social skills that are critical for ambitious professionals to master.

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Book SynopsisThe Parthenon marbles case is the most famous international cultural heritage dispute concerning repatriation of looted antiquities, the Parthenon marbles in the British Museum’s ‘Elgin Collection’. The case has polarised observers ever since Elgin had the marbles hacked out of the ancient temple at the turn of the 19th century in Ottoman-occupied Athens. In 1816, a debt-stricken Elgin sold the marbles to the British government, which subsequently entrusted them to the British Museum, where they have remained since then.Much ink has been spilled on the Parthenon marbles. The ethical and cultural merits of their repatriation have been fiercely debated for years. But what has generally not been considered are the legal merits of their return in light of contemporary international law. This book is the first in legal scholarship to provide an international law perspective of the cause célèbre of international cultural heritage disputes and, in doing so, to clarify the new customary international law on the return of cultural property unlawfully removed from its original context.The book, which includes a foreword by Andrew Wallace-Hadrill, is a unique reference work on the legal case for the return of the Parthenon marbles and the new normative framework for the protection of cultural heritage.Trade Review“In The Parthenon Marbles and International Law, Catharine Titi … examines how the marbles were acquired, the question of good title, and the various legal mechanisms that may or may not be employed to secure their return to Greece. … There is nothing like the regimented examinations of one trained in law. … thorough recital … .” (Eleni Vassilika, The Art Newspaper, theartnewspaper.com, September 29, 2023)“This gem of a book … a very strong and formidable text … . The Parthenon Marbles and International Law is both a tour de horizon and a tour de force on the law. Marvelously written and with a keen eye for both detail and nuance, Professor Catharine Titi informs as much as she provokes thought on the nature of international law ... . It is a must read for anyone interested in this area of international law.” (Michael G. Karnavas, michaelgkarnavas.net/blog, August 2, 2023)”Table of ContentsIntroduction.- Part One: The Facts.- The Parthenon.- Elgin and the Marbles.- The Acquisition of the Marbles by the UK Government.- Greek Demands for Return.- The British Museum and the Marbles.- Part Two: Access to Dispute Settlement.- What Method of Dispute Settlement?.- Issues of Jurisdiction and Admissibility.- Part Three: The Law Applicable to the Substance of the Dispute.- Treaty Law.- Customary International Law.- Part Four: Time Future.- Conclusion: Homecoming.- Annex.

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Book SynopsisThis book provides a fresh perspective on resolving sovereign debt disputes within the investor-state mediation framework. In response to the limitations of traditional approaches to adjudicating public debt issues and the resulting gaps in international law concerning sovereign defaults, creditors have increasingly turned to investor-state treaty arbitrations to recover unpaid debts. However, this shift has raised numerous criticisms and concerns.Accordingly, this book explores the uncharted territory of utilizing mediation as a means to settle sovereign debt claims. It sheds light on the distinctive characteristics of mediation as a process, setting it apart from judicial litigation and private arbitration, and emphasizing the unique outcomes it can generate. The central argument of this book is that mediation should be seriously considered as a viable option for resolving sovereign debt disputes. Not only does it offer a more cost-effective and expeditious approach, but it also has the potential to facilitate economic recovery and sustain continued investment.Table of ContentsChapter 1. Introduction.- Chapter 2. Historical And Legal Framework.- Chapter 3. Mediation.- Chapter 4. Mediating Sovereign Debt Disputes.- Chapter 5. Conclusion.

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Book SynopsisThis volume asks how juries actually make decisions about punitive damages. Specialists in psychology, economics and law present new data gathered from over 600 controlled experiments which documents a range of systematic bias in jury behaviour.

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Book SynopsisLawsuits are rare events in most people's lives. And high-stakes cases are even less commonplace. Why is it, then, that scholarship concerning the Japanese legal system has focused almost exclusively on big topics like corporate law and large-scale social issues? Mark D.Trade Review"This book is a potential blockbuster in the field of Japanese law. Mark West attacks several obscure but sexy topics to help explain the many ways that culture and society mix with law in Japan. The result of a massive amount of original research, it is also written in an entertaining and engaging way." - Frank K. Upham, New York University School of Law"

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Book SynopsisTrade Review"Dispute System Design is a significant and comprehensive introduction to creating dispute processes that are fair and effective in a variety of environments. With its clear analytic focus on design, practice, and ethics, this book should be of great use in professional settings from law, business, and public policy to social work, education, and international relations."—Carrie Menkel-Meadow, University of California, IrvineTable of ContentsIntroduction 1. What Is Dispute System Design? 2. Analytic Framework for Dispute System Design 3. System Building Blocks: Processes for Preventing, Managing, and Resolving Conflict 4. System Design Practice 5. Accountability: Evaluating Dispute System Design 6. Ethics in System Design 7. Court Programs 8. Claims Facilities 9. Communities and Justice 10. Labor Relations: The Birthplace of Dispute System Design 11. Managing Conflict in Employment 12. Arbitration in Consumer and Employment Designs 13. Commercial Disputes 14. Consumer Disputes 15. Transitional Justice 16. International Dispute Resolution 17. Collaborative Governance and Dispute System Design 18. Designing Dispute Systems for the Environment Conclusion

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Book SynopsisTrade Review‘The book contains 10 chapters across 170 pages, wherein Ferrari et al. do an excellent job of introducing the uninitiated to “internationalist” perspectives of the recognition and enforcement of foreign arbitral awards, greatly simplifying the topic to ensure the reader’s comprehension. However, experts in this area of law will equally enjoy the extensive comparative jurisprudence that is drawn upon in the book. Besides, it makes for a very interesting read: I finished it in just two days!’ -- Chukwuma Okoli, Conflictoflaws.net blog‘Quintessence is the queen of a land of speculative science in Rabelais' Gargantua. The New York Convention is our quintessence in the art that we call international arbitration. We can be grateful that we are able to practice our trade with the benefit of the insights of those who scrutinize our field around the world. Guidance on the New York Convention should be as practical and intellectually stimulating as this book.’ -- Julie Bédard, Skadden, Arps, Slate, Meagher & Flom LLP, US and BrazilTable of ContentsContents: 1. The New York Convention as an instrument of uniform law 2. Scope of application 3. The recognition and enforcement of arbitration agreements 4. The duty to recognize and enforce arbitral awards and its limitations 5. Grounds for refusal related to jurisdiction 6. Grounds for refusal related to proper notice and the ability to present one’s case 7. Grounds for refusal related to procedure 8. Grounds for refusal related to the award’s status under the law applicable to it 9. Grounds for refusal related to public policy 10. The procedure and formal requirements for recognition and enforcement Index

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Book SynopsisTaking the UNCITRAL Model Law on International Commercial Arbitration as its basis, this concise and accessible book presents a cutting-edge account of the international arbitral process. Applying a chronological approach, the book will enable readers to gain an understanding of the arbitral process from start to finish.

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Book SynopsisMulti-Party and Multi-Contract Arbitration in the Construction Industry provides the first detailed review of multi-party arbitration in the international construction sector. Highly practical in approach, the detailed interpretation and assessment of the arbitration of multi-party disputes will facilitate understanding and decision making by arbitrators, clients and construction contractors.Trade Review"Dr Dimitar Kondev's book on multi-party and multi-contract arbitration in the construction industry tackles a complex topic, which presents many hurdles in practice. Dr Kondev has successfully accomplished this difficult task. He leads the reader through the intricacies and pitfalls of this subject in an efficient and well-structured manner. He also takes a convincing stance on the most controversial issue and proposes pragmatic and workable solutions to the recurring problems that arise with respect to multi-party arbitration in construction disputes. This book might be of interest not only for practitioners specialised in construction arbitration but also for the arbitration community... In view of the foregoing, there is no doubt that this book is a must read for arbitration practitioners. Let us hope that Dr Kondev’s recommendations will be well received and implemented by the practitioners and drafters of international standard forms and arbitration rules. This would be a significant step-forward in enhancing dispute resolution in the construction industry." Fabrice Robert-Tissot, International Business Law Journal (RDAI 2018/1, pp 121-124) “This is the first book which deals with multi-party and multi-contract arbitration in the construction sector.… In his book, Dr Kondev makes an in-depth analysis of the legal regulation of this type of arbitration contained in the most popular institutional arbitration rules and the arbitration laws of different jurisdictions. The book also offers an up-to-date and thorough review of how multi-party and multi-contract arbitration is dealt with in the most widely used international standard forms of construction contract (such as the FIDIC books, NEC3, etc.) and some domestic standard forms (used mostly in Great Britain, the US and some Scandinavian countries)… The book also contains practical guidelines for drafting multi-party arbitration clauses… Because of the importance of the matters discussed in this treatise, it would be of great value to lawyers, arbitrators and academics in the field of international commercial arbitration.” Society and Law (5/2017, pp 111-112) "Complex arbitration disputes involving multiple parties and multiple contracts are both an evergreen – as demonstrated by the extensive literature on the subject – and a hot topic – confirmed, eg, by numerous amendments to arbitration rules in recent years... Given this background, is it possible to add anything new or meaningful? KONDEV has demonstrated that it definitely is. On the one hand, his study is clearly structured, well written, and thoroughly researched; this alone makes it stand out and merit a strong recommendation. On the other hand, KONDEV adds a specialist perspective to the debate, namely that of the construction industry... The author ‘attempted to bridge the gap between the theoretical proposals regarding multi-party arbitration and their practical application’ (pp 326-327). It is submitted that he fully succeeded. Anyone dealing with multi-party, multicontract issues in the construction industry will benefit from this new book – drafters of contracts or rules as well as counsel, arbitrators, or judges in pending proceedings." Johannes Landbrecht, 36 ASA Bulletin 1/2018 (March), p. 256 “Another publication on multi-party arbitration? Was that necessary, given that a lot has been written about this topic over the years already? It was. For at least two reasons. First, most of the existing contributions discuss the issue in a general context without regard to the peculiarities of disputes and specific contractual frameworks found in the construction industry. Second, many articles identify the numerous problems of multi-party arbitration without providing any self-contained practical solutions. Dimitar Kondev’s 408-page book fills these two gaps… For a number of reasons, Kondev’s book is of great value. It provides a useful overview of different approaches in arbitration rules, arbitration legislation and standard form contracts. It explains the importance of tailoring arbitration agreements to reflect the peculiarities of each project, the peculiarities of the underlying contracts, the peculiarities of the applicable arbitration rules and relevant national laws. Finally, the author addresses concerns and provides thoughts and ideas that are absolutely essential for drafting multi-party arbitration clauses. Not only, but in particular, the last two chapters of the book are very inspiring, even for experienced practitioners, and the various committees and working groups involved in the development of standard form contracts and arbitration rules.” Hein-Jürgen Schramke, Construction Law International 13 (1) (March 2018) “As surprising as it may sound, Multi-Party and Multi-Contract Arbitration in the Construction Industry appears to be the first published monograph dealing specifically with the topic of multi-party and multi-contract arbitration in the construction sector. [Dr Kondev's] dual background as practicing lawyer and scholar allows him to address with success the topic of this book from both theoretical and practical standpoints... Dr Kondev’s expertise and well researched approach makes this monograph a highly informative read. Dr Kondev’s insightful book will be of use first and foremost to construction practitioners who are looking for a comprehensive study of the difficulties raised by the multi-party and multi-contract nature of construction disputes. That book, however, should also appeal to general arbitration practitioners and academics looking to deepen their understanding of multi-party and multi-contract arbitration, as much of the insights transpose well into areas of arbitration practice other than construction." Dr. Remy Gerbay, ICC Dispute Resolution Bulletin, Issue 2 (2018), pp. 83-84 “Dr Kondev’s book provides a useful in-depth analysis of the three main legal sources of the regulation of multi-party arbitration: the arbitration agreement, applicable arbitration rules and arbitration laws… Dr Kondev’s clear analysis leads him to conclude that the current legal framework has largely failed to provide workable solutions for the construction sector. He suggests two ways in which this framework could be improved: through the contractual regulation of multi-party disputes and by amendments to the arbitration institutional rules. Of particular practical use, recognising that the drafting of multi-party arbitration clauses can be a daunting complex exercise, Dr Kondev considers in detail the drafting of such clauses. He provides clear, and sensible guidelines, as a checklist for the drafter. Overall Dr Kondev has achieved his aim: to contribute at the theoretical level and to produce a book with a clear practical approach to the problems discussed. His book is of interest to anyone involved or interested in international construction arbitration including in-house lawyers, arbitrators, private practitioners, academics and those involved in drafting international standard forms and arbitration rules. “ Marion Smith QC, 35 The International Construction Law Review, No. 3 (2018), pp. 359-360 Table of ContentsAbout the Author x Foreword xi Preface xiii Acknowledgements xv List of Abbreviations xvi 1 Introduction 1 1.1 General background and research problem 1 1.2 Scope of the book, limitations and literature review 4 1.2.1 Scope of the book 4 1.2.2 Limitations 4 1.2.3 Literature review 5 1.3 Sources used 6 1.4 Structure of the book 9 1.5 Aims and contribution of the book 10 2 Multi‐Party Arbitration in General 11 2.1 Terminology notes 11 2.1.1 Definition of multi‐party arbitration 11 2.1.2 Multi‐party and multi‐contract arbitration: divergent or similar concepts? 12 2.1.3 Group of contracts doctrine 14 2.2 Legal techniques introducing multi‐party arbitration 15 2.2.1 Single request for arbitration 16 2.2.2 Joinder 16 2.2.3 Intervention 16 2.2.4 Consolidation 17 2.3 Advantages of multi‐party arbitration 18 2.3.1 Avoids risk of inconsistent findings 18 2.3.2 Less time and fewer costs 19 2.3.3 Fewer factual errors 20 2.4 Obstacles to multi‐party arbitration 21 2.4.1 Consensual nature of arbitration 21 2.4.2 Arbitration as a two‐party setup 23 2.4.3 Arbitration as a confidential process 24 2.4.4 Setting aside proceedings and non‐recognition and / or non‐enforcement of arbitral awards 26 2.4.5 Practical difficulties 30 3 The Need for Multi‐Party Arbitration in the Construction Sector 31 3.1 Specifics of construction disputes and construction arbitration 31 3.2 Introduction to international standard form construction agreements 33 3.2.1 FIDIC Conditions of Contract 33 3.2.2 NEC contracts 36 3.2.3 ICC contracts 37 3.2.4 ENAA model forms 38 3.2.5 IChemE contracts 39 3.2.6 PPC International and SPC International 39 3.3 Contractual structures in construction projects 40 3.3.1 ‘Build‐only’ projects 40 3.3.2 ‘Design‐build’ or ‘turnkey’ projects 41 3.3.3 Construction management 43 3.3.4 Management contracting 44 3.3.5 ‘Design‐build‐operate’ (‘DBO’) model 45 3.3.6 Partnering and alliancing 46 3.4 Parties’ interests in multi‐party arbitration 46 3.4.1 Employer 46 3.4.2 Contractor 51 3.4.3 Subcontractor 52 3.4.4 Designer 53 3.4.5 Engineer 54 3.4.6 Suppliers 56 3.4.7 Technical consultants 56 3.4.8 Guarantors 56 3.4.9 Concluding remarks 58 4 Multi‐Party Arbitration Solutions under Arbitration Rules 60 4.1 ICC Rules 61 4.1.1 Multi‐contract claims and prima facie assessment 62 4.1.2 Joinder 67 4.1.3 Consolidation 69 4.2 CEPANI Rules 71 4.2.1 Multiple parties and multi‐contract claims 71 4.2.2 Joinder and intervention 73 4.2.3 Consolidation 75 4.3 LCIA Rules 77 4.4 UNCITRAL Rules 80 4.5 Swiss Rules 84 4.5.1 Prima facie test 84 4.5.2 Consolidation 84 4.5.3 Joinder and intervention 88 4.6 Rules adopted by the American Arbitration Association (‘AAA’) 90 4.6.1 Construction Industry Arbitration Rules (‘CIAR’) 90 4.6.2 ICDR Rules 92 4.7 Vienna Rules 94 4.7.1 Joinder 95 4.7.2 Consolidation 98 4.8 DIS Arbitration Rules 99 4.9 SCC Rules 100 4.10 DIA Rules 101 4.11 Arbitration rules in Asia 102 4.11.1 CIETAC Rules 102 4.11.2 SIAC Rules 106 4.11.3 HKIAC Rules 109 4.11.4 JCAA Rules 114 4.12 Concluding remarks regarding arbitration rules 115 5 Multi‐Party Arbitration Solutions under Arbitration Laws 121 5.1 UNCITRAL Model Law 122 5.2 The United Kingdom 124 5.3 The Netherlands 129 5.4 Belgium 131 5.5 New Zealand 132 5.6 Hong Kong 133 5.7 Canada 137 5.8 Australia 138 5.9 Other countries 139 5.10 Multi‐party arbitration in the United States 140 5.10.1 Legal framework 140 5.10.2 United States’ case law on multi‐party arbitration 146 5.11 Should arbitration laws deal with multi‐party arbitration? 158 5.12 Concluding remarks regarding arbitration laws 164 6 Contractual Solutions to Multi‐Party Arbitration 167 6.1 FIDIC Conditions of Contract 169 6.2 Blue Form 175 6.2.1 Clause 18(2) of the 1984 Blue Form 175 6.2.2 Use of the Blue Form in conjunction with the FIDIC Conditions of Contract 183 6.2.3 Commentary on clause 18(2) 189 6.2.4 Clause 18(8) of the 1991 Blue Form 201 6.2.5 Clause 18(10) of the 1998 Blue Form 205 6.2.6 Clause 18C(4) of the 2008 Blue Form 206 6.3 JCT Contracts 208 6.3.1 JCT 80 approach to multi‐party arbitration 209 6.3.2 Commentary on the JCT 80 approach 219 6.3.3 New JCT approach 222 6.4 ACA standard forms 223 6.5 Nec3 226 6.5.1 Main contract provisions 227 6.5.2 Subcontract provisions 229 6.5.3 Do NEC3 provisions create a self‐contained mechanism for joint adjudication? 230 6.5.4 Compatibility between the joint adjudication provisions and the dispute notification requirements 232 6.6 IChemE contracts 234 6.7 ICC contracts 237 6.8 PPC and SPC International 238 6.9 ENAA Model forms 240 6.10 AIA standard forms 242 6.11 ConsensusDocs 247 6.12 AB 92 and ABT 93 250 6.13 Concluding remarks regarding contractual approaches 252 7 Proposed Solutions 255 7.1 Jurisdictional approach 256 7.2 Abstract consensual approach 262 7.3 Proposed contractual solutions 264 7.3.1 IBA guidelines for Drafting International Arbitration Clauses 267 7.3.2 AAA Guide to Drafting Alternative Dispute Resolution Clauses for Construction Contracts 271 7.3.3 Drafting Multi‐Party Arbitration Clauses 273 7.3.4 Sample multi‐party arbitration clause 303 7.4 Institutional approach 313 7.4.1 How to create a workable multi‐party arbitration mechanism under arbitration rules? 315 7.4.2 Compatibility of arbitration agreements 319 7.4.3 Other circumstances 322 8 Conclusion 325 Table 1 Summary of Multi-Party Arbitration Provisions under the Reviewed Arbitration Rules 328 Table 2 Summary of Multi-Party Arbitration Provisions under Arbitration Laws 333 Appendix 1 Second Alternative Clause of Clause 20 of the FIDIC Subcontract 337 Appendix 2 Multi‐Party Arbitration Provisions under the Blue Form 351 Appendix 3 Multi‐Party Arbitration Clauses under the ENAA Model Form – International Contract for Process Plant Construction, 2010 and Related Subcontracts 355 Bibliography 358 Index 381

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Book SynopsisIn 2010, the Arbitration (Scotland) Act 2010 came into force with the aim of modernising Scots law on arbitration. Building on the previous edition, this book reviews the last 10 years: the development of the law in Scotland, the use of the Act and the Rules of Court, and how it all works in practice.

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Book SynopsisWhen politics, sex, race, religion, and other polarizing subjects come up in conversation among co-workers, what happens next? SHRM Chief Knowledge Officer Alexander Alonso, Ph.D., SHRM-SCP, explains why some topics are taboo while others are not then brings them to life with real-world conversations on taboo topics, such as politics, race, religion, sex and gender. Based on the extensive findings of the “2020 SHRM Survey of Politics and Polarizing Discussions in the Workplace”, Alonso looks into the future of Talking Taboo, delivers proven assessment and guidance tools, and wraps up by showing how to make taboo topics work in your workplace.

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Book SynopsisThe next crisis might be here now, or it might be around the corner. In The Prepared Leader: Emerge from Any Crisis More Resilient Than Before, two history-making experts in crisis leadership—James, dean of The Wharton School of the University of Pennsylvania, and Wooten, president of Simmons University—forcefully argue that the time to prepare is always. In no other time in recent history have leaders in every industry and on every continent grappled with so many changes that have independently and simultaneously undermined their ability to lead. The Prepared Leader encapsulates more than two decades of the authors’ research to convey how it has positioned them to navigate through the distinct challenges of today and tomorrow. Their insights have implications for every leader in every industry and every worker at every level. In their fast-reading and actionable book, James and Wooten provide tools and frameworks for addressing and learning from crises, and they provide insight into what you need to know to become a Prepared Leader, including: The five phases of crisis management and the skills you need for each phase. They examine how the National Basketball Association and its commissioner, Adam Silver, responded to the COVID-19 pandemic. Making the right decisions under pressure and how to avoid common mistakes. They reveal how Burger King CEO Jose Cil began planning for the aftermath of a crisis right in the middle of one. Building a crisis leadership team and how to lead one that you’ve inherited. They detail how Wonya Lucas, CEO and President of the Crown Media Family Networks, aligned and mobilized an executive team during a time of crisis. James and Wooten argue that—in addition to people, profit, and the planet—prepared leadership should be the fourth “P” in a company’s bottom line. They bring decades of world-renowned research on crisis leadership, diversity and inclusion, management strategy, and positive leadership to the table to help leaders better prepare themselves to lead through crises—and for whatever lies around the corner.Trade Review"Crisis management is often approached as damage control and risk assessment, but James and Wooten offer an optimistic alternative. The prepared leader, they argue, is one who can convert failures into lessons, resilience and growth opportunities." * Financial Times *"The Prepared Leader is a strong roadmap for how to lead during a crisis, filled with relatable, real-world examples. I found myself nodding my head and saying ‘yes’ while reading. The book also inspires us all and reminds us that with preparation, companies and their team members can emerge from challenging times stronger and more resilient than ever, and spawning a new phase of innovation." * Roz Brewer, Chief Executive Officer, Walgreens Boots Alliance *"Brilliant and fast-reading, The Prepared Leader, by Erika H. James and Lynn Perry Wooten, is a must-read for anyone who aspires to successfully navigate a major crisis—for the sake of their organization, their employees, and their customers. Their research supports what I’ve experienced leading a company in a time of crisis: developing the right skills, continuing to learn, and leveraging the power of a diverse and knowledgeable team are all essential aspects of becoming a Prepared Leader." * Ed Bastian, CEO, Delta Air Lines *"The Prepared Leader is a timely assessment of what it takes to be an effective leader in our hyper-connected world. In detailing how best to identify and plan for a crisis of any size, Erika H. James and Lynn Perry Wooten provide an informed strategy any executive can employ. However, by including thoughtful methods for learning from our challenges, James and Wooten ensure every reader can take away invaluable lessons to prepare us for an unknown future." * James Gorman, Chairman and CEO, Morgan Stanley *"By definition, the specifics of a crisis can’t be predicted. But the best leaders both anticipate areas where a crisis might emerge, and they prepare themselves and their teams to respond. The Prepared Leader, by Erika H. James and Lynn Perry Wooten, is an excellent playbook for doing both. The frameworks and processes they share are world-class." * Reggie Fils-Aime, Former President and COO of Nintendo of America, and Author, Disrupting the Game: From the Bronx to the Top of Nintendo *"The Prepared Leader was written for this moment—but it stems from years of research and the personal experience of two remarkable and pathbreaking leaders. Seizing on the premise that you can prepare for crises—after all, they are both inevitable and increasingly common—frees us to manage with greater capacity and control and to seize the unique opportunities revealed in the urgency of the moment. Wooten and James have written this book for all of us who lead organizations, teams, and enterprises in an exceedingly complicated world." * Judy Samuelson, Executive Director, Aspen Institute Business & Society Program *"This book is truly special and right on time. In their important new book, Erika H. James and Lynn Perry Wooten provide aspiring and established leaders with a roadmap for navigating competing crises such as racial injustice, political upheaval, economic instability, and pandemic recovery. For leaders of organizations fighting and advocating for societal change, The Prepared Leader is an essential read, revealing how we can shape better outcomes. This book is a must read." * Wes Moore, Bestselling Author and Former CEO, Robin Hood Foundation *"Erika James and Lynn Wooten have created a guidebook for those who know we need to be a Prepared Leader. You’ll learn how we humans are hardwired to prevent us from absorbing a threat. They explain how this realization is a critical step towards developing the mindset necessary to become the leader we want to be. We probably won’t know exactly what the next crisis will be, but we can be prepared. With real world examples of leaders who flourished in the crisis of COVID to those who failed spectacularly in the tectonic shift in racial justice, every chapter has something to teach us." * Karen Finerman, CEO & Co-founder, Metropolitan Capital Advisors *"Erika H. James and Lynn Perry Wooten present a practical and insightful tour through the critical elements of effective crisis management. Crises are inevitable but the key to leadership through one is building resilience before the crisis—feedback and learning loops are essential to prepare leaders for the serious challenges they must address. James and Wooten show that crises provide risks coupled with opportunities and that the leaders who thrive during crises are those who push themselves to learn thoroughly and rapidly and to seize on both wins and losses." * Ruth Porat, SVP & Chief Financial Officer, Alphabet and Google *"In my experience, crises are inevitable; the question is how you respond. In their well-researched and actionable new book, The Prepared Leader, Erika H. James and Lynn Perry Wooten share the stories of the companies that have successfully navigated crises and offer guidance to help organizations prepare for and manage through uncertain times and challenging moments." * Vikram Malhotra, Senior Partner, McKinsey & Company, and Chair, Wharton Graduate Executive Board *"Erika H. James and Lynn Perry Wooten’s The Prepared Leader is more than just a smart take on the lessons learned from the private sector during the COVID-19 pandemic. This book offers a wealth of insights and best practices that empower managers at any level to successfully navigate whatever crisis comes their way. A must-read for managing the unexpected in an ever more complex and interconnected world." * Alex Gorsky, Executive Chairman, Johnson & Johnson *"Dean James and President Wooten have penned an indisputable blueprint of how to successfully manage, leverage, and emerge victoriously from any global crisis. More importantly, they invite leaders to be deeply introspective to challenge themselves to an elevated level of leadership." * Carla Harris, Senior Client Advisor, Morgan Stanley, and Author, Lead to Win and Expect to Win *"Erika H. James and Lynn Perry Wooten have written a brilliant new book, The Prepared Leader. In it, they lay out a practical framework to help leaders build teams, manage through crises, and help their institutions emerge even stronger. I only wish the book had been available as we navigated the Great Financial Crisis!" * F. William (Bill) McNabb III, Former Chairman and CEO, Vanguard Group *"Combining extensive experience and evidence, this dynamic duo has created the road map you need to prepare for the unexpected." * Adam Grant, Wharton School professor and bestselling author, Think Again, “10 Books to Enrich Your Thinking” *

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Book SynopsisThe next crisis might be here now, or it might be around the corner. In The Prepared Leader: Emerge from Any Crisis More Resilient Than Before, two history-making experts in crisis leadership—James, dean of The Wharton School of the University of Pennsylvania, and Wooten, president of Simmons University—forcefully argue that the time to prepare is always. In no other time in recent history have leaders in every industry and on every continent grappled with so many changes that have independently and simultaneously undermined their ability to lead. The Prepared Leader encapsulates more than two decades of the authors’ research to convey how it has positioned them to navigate through the distinct challenges of today and tomorrow. Their insights have implications for every leader in every industry and every worker at every level. In their fast-reading and actionable book, James and Wooten provide tools and frameworks for addressing and learning from crises, and they provide insight into what you need to know to become a Prepared Leader, including: The five phases of crisis management and the skills you need for each phase. They examine how the National Basketball Association and its commissioner, Adam Silver, responded to the COVID-19 pandemic. Making the right decisions under pressure and how to avoid common mistakes. They reveal how Burger King CEO Jose Cil began planning for the aftermath of a crisis right in the middle of one. Building a crisis leadership team and how to lead one that you’ve inherited. They detail how Wonya Lucas, CEO and President of the Crown Media Family Networks, aligned and mobilized an executive team during a time of crisis. James and Wooten argue that—in addition to people, profit, and the planet—prepared leadership should be the fourth “P” in a company’s bottom line. They bring decades of world-renowned research on crisis leadership, diversity and inclusion, management strategy, and positive leadership to the table to help leaders better prepare themselves to lead through crises—and for whatever lies around the corner.Trade Review"Crisis management is often approached as damage control and risk assessment, but James and Wooten offer an optimistic alternative. The prepared leader, they argue, is one who can convert failures into lessons, resilience and growth opportunities." * Financial Times *"The Prepared Leader is a strong roadmap for how to lead during a crisis, filled with relatable, real-world examples. I found myself nodding my head and saying ‘yes’ while reading. The book also inspires us all and reminds us that with preparation, companies and their team members can emerge from challenging times stronger and more resilient than ever, and spawning a new phase of innovation." * Roz Brewer, Chief Executive Officer, Walgreens Boots Alliance *"Brilliant and fast-reading, The Prepared Leader, by Erika H. James and Lynn Perry Wooten, is a must-read for anyone who aspires to successfully navigate a major crisis—for the sake of their organization, their employees, and their customers. Their research supports what I’ve experienced leading a company in a time of crisis: developing the right skills, continuing to learn, and leveraging the power of a diverse and knowledgeable team are all essential aspects of becoming a Prepared Leader." * Ed Bastian, CEO, Delta Air Lines *"The Prepared Leader is a timely assessment of what it takes to be an effective leader in our hyper-connected world. In detailing how best to identify and plan for a crisis of any size, Erika H. James and Lynn Perry Wooten provide an informed strategy any executive can employ. However, by including thoughtful methods for learning from our challenges, James and Wooten ensure every reader can take away invaluable lessons to prepare us for an unknown future." * James Gorman, Chairman and CEO, Morgan Stanley *"By definition, the specifics of a crisis can’t be predicted. But the best leaders both anticipate areas where a crisis might emerge, and they prepare themselves and their teams to respond. The Prepared Leader, by Erika H. James and Lynn Perry Wooten, is an excellent playbook for doing both. The frameworks and processes they share are world-class." * Reggie Fils-Aime, Former President and COO of Nintendo of America, and Author, Disrupting the Game: From the Bronx to the Top of Nintendo *"The Prepared Leader was written for this moment—but it stems from years of research and the personal experience of two remarkable and pathbreaking leaders. Seizing on the premise that you can prepare for crises—after all, they are both inevitable and increasingly common—frees us to manage with greater capacity and control and to seize the unique opportunities revealed in the urgency of the moment. Wooten and James have written this book for all of us who lead organizations, teams, and enterprises in an exceedingly complicated world." * Judy Samuelson, Executive Director, Aspen Institute Business & Society Program *"This book is truly special and right on time. In their important new book, Erika H. James and Lynn Perry Wooten provide aspiring and established leaders with a roadmap for navigating competing crises such as racial injustice, political upheaval, economic instability, and pandemic recovery. For leaders of organizations fighting and advocating for societal change, The Prepared Leader is an essential read, revealing how we can shape better outcomes. This book is a must read." * Wes Moore, Bestselling Author and Former CEO, Robin Hood Foundation *"Erika James and Lynn Wooten have created a guidebook for those who know we need to be a Prepared Leader. You’ll learn how we humans are hardwired to prevent us from absorbing a threat. They explain how this realization is a critical step towards developing the mindset necessary to become the leader we want to be. We probably won’t know exactly what the next crisis will be, but we can be prepared. With real world examples of leaders who flourished in the crisis of COVID to those who failed spectacularly in the tectonic shift in racial justice, every chapter has something to teach us." * Karen Finerman, CEO & Co-founder, Metropolitan Capital Advisors *"Erika H. James and Lynn Perry Wooten present a practical and insightful tour through the critical elements of effective crisis management. Crises are inevitable but the key to leadership through one is building resilience before the crisis—feedback and learning loops are essential to prepare leaders for the serious challenges they must address. James and Wooten show that crises provide risks coupled with opportunities and that the leaders who thrive during crises are those who push themselves to learn thoroughly and rapidly and to seize on both wins and losses." * Ruth Porat, SVP & Chief Financial Officer, Alphabet and Google *"In my experience, crises are inevitable; the question is how you respond. In their well-researched and actionable new book, The Prepared Leader, Erika H. James and Lynn Perry Wooten share the stories of the companies that have successfully navigated crises and offer guidance to help organizations prepare for and manage through uncertain times and challenging moments." * Vikram Malhotra, Senior Partner, McKinsey & Company, and Chair, Wharton Graduate Executive Board *"Erika H. James and Lynn Perry Wooten’s The Prepared Leader is more than just a smart take on the lessons learned from the private sector during the COVID-19 pandemic. This book offers a wealth of insights and best practices that empower managers at any level to successfully navigate whatever crisis comes their way. A must-read for managing the unexpected in an ever more complex and interconnected world." * Alex Gorsky, Executive Chairman, Johnson & Johnson *"Dean James and President Wooten have penned an indisputable blueprint of how to successfully manage, leverage, and emerge victoriously from any global crisis. More importantly, they invite leaders to be deeply introspective to challenge themselves to an elevated level of leadership." * Carla Harris, Senior Client Advisor, Morgan Stanley, and Author, Lead to Win and Expect to Win *"Erika H. James and Lynn Perry Wooten have written a brilliant new book, The Prepared Leader. In it, they lay out a practical framework to help leaders build teams, manage through crises, and help their institutions emerge even stronger. I only wish the book had been available as we navigated the Great Financial Crisis!" * F. William (Bill) McNabb III, Former Chairman and CEO, Vanguard Group *"Combining extensive experience and evidence, this dynamic duo has created the road map you need to prepare for the unexpected." * Adam Grant, Wharton School professor and bestselling author, Think Again, “10 Books to Enrich Your Thinking” *

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Book SynopsisIn China the process of criminal reconciliation allows the alleged perpetrators and victims of certain crimes to resolve criminal cases through reconciliation or mediation. Based on empirical studies, which include case file examination and interviews with judges, prosecutors, lawyers and individual parties in three cities in mainland China, this important new book provides a comprehensive description and in-depth analysis of the operation. Criminal reconciliation has been a key feature in the reform of China's judicial system and as part of her analysis of it the author relates flaws in the criminal reconciliation programme to wider problems in the Chinese criminal justice system.Students and scholars of law and related subjects, especially those focussing on Asian studies, will find this book to be of interest. It will also be of use to associations and organisations working on restorative justice, mediation, and reconciliation.Trade Review'This is an excellent book that provides us with important insights into a central, but so far insufficiently studied aspect of China's criminal justice through its in-depth studies of how 'criminal reconciliation' works on the ground. It is well-grounded in empirical research and critical analysis, and its argument is persuasive. This book is of great value to readers interested in the criminal justice system, judicial reforms, and human rights in China.' --Eva Pils, King's College London, UK'This detailed ethnographic study of ''criminal reconciliation'' (xingshi hejie) in China's criminal process uncovers a major contradiction between the formal rules and lived reality. In place of voluntary admissions of guilt, education and correction, the author found enforced ''reconciliation'' driven by criminal justice officials seeking to meet official performance evaluation criteria. This insightful study demonstrates how informal rules may be accorded primary importance in practice mirroring the Party's promotion of the ''rule of law with Chinese characteristics'' as it extends its authoritarian grip on everyday life.' --Mike McConville, Emeritus Professor, The Chinese University of Hong KongTable of ContentsContents: 1. The criminal reconciliation (xingshi hejie) system in China: background, pilot projects and debates 2. A comparative look at criminal reconciliation: a transplant of restorative justice? 3. Criminal reconciliation in practice: evidence from official case files 4. The process of criminal reconciliation programmes: evidence from interviews 5. The participants of criminal reconciliation programmes: evidence from interviews 6. Understanding wider problems with the Chinese criminal justice system through the lens of criminal reconciliation 7. Conclusion Bibliography Index

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Book SynopsisWhilst many of us would agree that human rights are more important than corporate profits, the reality is often different; such realities as child labour and environmental destruction caused by corporate activities make this patently clear. Recognising that balancing human rights and business interests can be problematic, Corporate Accountability considers the limits of existing complaint mechanisms and examines non-judicial alternatives for conflict resolution.The innovative approach herein compiles both long-standing international expertise and findings based on 25 key interviews from experts and victims. In contrast to the current literature, which tends to provide details on the functioning of the mechanisms, this book delves further to examine the strengths and weaknesses of each mechanism and provides criteria of excellence for non-judicial grievance mechanisms. In doing so, it provides a reality-check for corporate accountability worldwide.Novel and thought provoking, Corporate Accountability will be a captivating read for academics as well as companies interested in human rights and corporate social responsibility. It will also prove of interest to related state institutions such as development agencies and other relevant ministries such as chambers of commerce, trade unions, NGOs and civil society organisations.Trade Review‘The book will be very useful for lawyers, academics, companies and for those who have an interest in business and human rights.’ -- Manoj Kumar Sinha, Business and Human Rights JournalTable of ContentsContents: PART I: Introduction 1. Introduction and methodology PART II: Grievance Mechanisms 2. International Mechanisms 3. Multi-stakeholder Mechanisms 4. Company Mechanisms PART III: Conclusions 5. Conclusions and criteria of excellencyBibliography Appendices Index

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