Arbitration, mediation and alternative dispute resolution Books

Book SynopsisBeyond Winning charts a way out of our current crisis of confidence in the legal system. It offers a fresh look at negotiation, aimed at helping lawyers turn disputes into deals, and deals into better deals, through practical, tough-minded problem-solving techniques.Trade Review[Beyond Winning] rallies all of the [Harvard Negotiation Research Project’s] prior gems of wisdom on negotiation around the central theme of creating value. [The book] should be required reading for all lawyers and law students, for all mediators and judges. It is a book that every lawyer should ask his or her client to read (or reread) prior to commencing any important transaction or dispute, negotiation or mediation. Crafted in a reader-friendly style, the book energetically promotes an interdisciplinary approach to problem-solving in negotiation… In contrast to other experts’ advice to be reactive initially in a negotiation, the authors here encourage a proactive, ‘take charge’ approach to engaging negotiators across the table in problem-solving. This approach is not initially directed to the substance of the dispute or transaction, but rather to the nature and structure of the negotiation process that the parties might together design… This is a book for everyone who negotiates—a universe that includes all of us. Inevitably, it will move lawyers into a new paradigm of thinking about higher-quality solutions in negotiation and mediation, and about how to achieve the best possible results for their clients. It is bound to change the world of negotiation in this new millennium. -- John W. Cooley * ABA Journal *The practice of law has become more contentious and competitive, not less. The authors of [Beyond Winning]…advocate that parties [instead] practice ‘value creation’ (i.e., the attempt to ‘enlarge the pie’) so that both parties to a negotiation receive bigger returns… The book does an excellent job of breaking down relationships, players, tensions and organizations to lay bare the inner-workings of the actors in a negotiation and the situations they create. Because of its unique objective of educating attorneys and clients, Beyond Winning is a good addition to any library on negotiation. -- William J. Estes * New York Law Journal *Conventional negotiating strategy often requires adversarial positions, but the authors propose viewing negotiating as a problem-solving task… They explain that creating value is the key to successful negotiating. The goal should not be to win the biggest piece of the pie but to make the pie bigger! -- David Rouse * Booklist *Observing that today’s tough, adversarial legal negotiations preempt mutually beneficial problem solving between parties, Mnookin and his coauthors urge lawyers to adopt a proactive, optimistic and realistic mindset to transform their practices… [Although] aimed…at attorneys who want to serve clients’ broader needs better as well as to protect their interests, the authors’ practical, straightforward and jargon-free style makes this a valuable resource for anybody who is about to hire an attorney, file a lawsuit or sign a contract. * Publishers Weekly *With its lively examples and its innovative framework for managing the tensions intrinsic to any negotiation, Beyond Winning is must reading for lawmakers as well as lawyers—for anyone, in fact, who is charged with resolving intractable disputes and forging lasting agreements. -- Senator George MitchellOn the cutting edge of negotiation literature, Beyond Winning is a spectacular integration of our contemporary understanding of negotiation, modern social science, and the legal context. This is an excellent book and is sure to become a must-read for lawyers, law students, and executives who deal with the legal process on a regular basis. -- Max Bazerman, Harvard Business SchoolThe authors provide specific, concrete strategies lawyers and their clients can employ to mitigate the tensions that make legal negotiation so difficult. They integrate theory and practice in ways that do justice to the complexity of each. -- Jennifer Girarda Brown, Quinnipiac College School of LawMuch negotiation literature suffers from one of two problems. Either it is too theoretical to be of use to practitioners or it is simplistic, purporting to give advice to negotiators in cookbook form. Beyond Winning captures the most important theoretical economic and social science material and uses vivid examples to demonstrate techniques for using theoretical insights in practice. The mini-case histories and transcripts of portions of negotiations that appear throughout the book are especially valuable ways both to illustrate theory and to provide practical guidance for its application. -- Carol B. Liebman, Columbia Law SchoolTable of ContentsPreface Introduction I. The Dynamics of Negotiation 1. The Tension between Creating and Distributing Value 2. The Tension between Empathy and Assertiveness 3. The Tension between Principals and Agents II. Why Lawyers? 4. The Challenges of Dispute Resolution 5. The Challenges of Deal-Making 6. Psychological and Cultural Barriers III. A Problem-Solving Approach 7. Behind the Table 8. Across the Table 9. Advice for Resolving Disputes 10. Advice for Making Deals IV. Special Issues 11. Professional and Ethical Dilemmas 12. Organizations and Multiple Parties Conclusion Notes Index

Read more less

Book SynopsisProven to reduce bad behaviour and exclusions, and encourage happier, safer school environments, restorative justice is an effective approach to conflict resolution.Suitable for education settings from preschool to college, this guide explains what restorative justice is, how it can be used in schools, what it looks like in the classroom and how it can be implemented. Featuring case studies that illuminate the underlying restorative principles and practices, this book covers a wide range of topics from the basics of restorative justice, through to school-wide processes for embedding the approach in policy and practice.Drawing on the expertise of educators and consultants, this is a must-have resource for any school or centre that is serious about reducing bad behaviour and developing safer learning communities.Trade ReviewOf the many gifts in this book, I'd like to emphasize a few. Bill mounts compelling arguments for restorative approaches to problem-solving. These arguments are presented in a comprehensive way that will be useful for readers wishing to influence others. Bill's conference preparation, told through his case studies, is impeccable - challenging us to lift our practice, I believe, to new levels. His detailed follow-up work described in section 4 also reminds us that the game is not over once a process has happened. His insights into how children and young people feel and think is very helpful, again helping us to think carefully about our own practice, thoughts and feelings. Finally, though, the whole section called Feeling Restoratively is a must read, if we still need convincing that we need to change the way we work with young people. Bill's grasp of Affect and Script Psychology (Human Being Theory) allows the reader to understand in a deep way, our emotional selves as humans - we are after all, social animals, and we are wired to live in good relationship with others. Important issues around accountability, responsibility, mercy, forgiveness and redemption must be tackled if we are to change our schools, and eventually our communities and world. This book is full of useful ideas and I hope it will become a well-thumbed resource for restorative practitioners. It's a great read. -- From the foreword by Margaret ThorsborneAs a growing community of schools across the globe embrace Restorative Practices, there exists a greater need for resource materials that will give as much careful attention to restorative values and principles as they do to technical guidance around restorative tools. Bill Hansberry has found that sweet spot. Readers who embrace both aspects of this book will be as grounded in their understanding of the vital role of emotion in effective restorative practices as they will be enriched in their ability to practice a variety of restorative approaches. -- Lauren Abramson, Ph.D., Founding Director, Community Conferencing Center, Baltimore, Maryland, USAAs interest grows in the use of restorative practice in schools, this new book by Bill Hansberry is a welcome addition to the resources available on the subject. Drawing on the author's personal experience, it provides both valuable insight into the theory underpinning restorative practice and practical advice on how it can be implemented in a school environment. By using case studies, the author also brings to life in an accessible and engaging way what the benefits of a restorative approach can be. Restorative practice should be integral to every school and this book can help to achieve this. -- Jon Collins, Chief Executive, Restorative Justice CouncilTable of ContentsAcknowledgements. Preface. Foreword. Section 1. Thinking Restoratively: Challenging Paradigms About What to Do When Things Go Wrong. 1. Case Study - Tristan and Jason. 2. Courage, Connectedness and Restorative work. 3. Re-Thinking the Role of Grownups When Things Go Wrong. 4. Dealing Restoratively With Tristan and Jason. 5. Different Questions, Different Outcomes. Section 2. Feeling Restoratively: A Psychological Framework for Restorative Practices. 6. Silvan Tomkins and Humans as Emotional Beings. 7. Affect - What Makes Humans Tick. 8. A Blueprint for Mentally Healthy Schools. 9. Shame and Humiliation. 10. Grasping the Nettle: Shame's Difficult Demand. 11. The Compass of Shame. Section 3. Working Restoratively: Restorative Approaches for Different Ages and Situations. 12. Continuums of Responses to Disruption and Wrongdoing. 13. Positive Behaviour Correction. 14. Affective Statements and Conversations. 15. The individual Conference. 16. The Small Group Conference. 17. The Large Group Conference. 18. The Classroom Conference. 19. The Community Conference. 20. The Leaving Well Conference. 21. Better Restorative Conversations. 22. Circles for Building Community and Teaching Restorative Thinking. Section 4. Ending Restoratively: Follow Up, Accountability and Managing a Conferencing Program. 23. What Have We Agreed to Here? 24. Creating Conference Agreements. 25. Recording and Managing New Conference Agreements. 26. After the Conference: Relationship Management and Accountability. 27. How to Review Conference Agreements. 28. Keeping Colleagues in the Loop. 29. Keeping Parents in the Loop. Conclusion. Appendix. References.

Read more less

Book Synopsis

Read more less

Book SynopsisHow and why does restorative practice (RP) work? This book presents the biological theory, affect script psychology (ASP), behind RP, and shows how it works in practice in different settings. ASP explains how the central nervous system triggers 'affects' which are the basis of all human motivation and emotion. The book presents a clear explanation of what ASP is, how it relates to RP, and how ASP helps practitioners to understand relationships, emotions and dynamics in their work. The chapters are based around case studies which demonstrate RP in criminal justice, organizational and education settings. They show how theory links to practice, and how having a deep understanding of the theory has helped practitioners to be successful in their work.Providing an accessible explanation of how RP works, this book will be invaluable to all RP practitioners in any setting, as well as RP students and academics.Trade ReviewThis is an impressive, thought-provoking and well-written book. It is a valuable contribution on the theory of Restorative thinking, justice and practice. The way in which the authors have cleverly translated theory into practice is both authentic and informative. This really comes alive through the sharing of real inspiring case studies, which allows us to access the theory in a way that translates into every day practice. I would recommend this book to all those wanting to understand Restorative Practice and its true value in society today and the future. -- Mark Finnis, Director, Mark Finnis Training and Consultancy and Trustee of Restorative Justice Council, UKThis is a splendid contribution to clarifying what we know and what we do not yet understand about what makes restorative justice fail or succeed. While much research and reflective practice remains to be done to fill great voids in our understanding, this book takes big steps forward. It is at once theoretically sophisticated and practically useful. -- John Braithwaite, Distinguished Professor, Australian National UniversityTable of ContentsForeword, Judge Andrew Becroft. Preface. Section 1. The Theory Underpinning Restorative Justice. 1. Caring, Restorative Practice and the Biology of Emotion. Vernon C. Kelly, Jr, Chairman, The Tomkins Institute, USA. 2. Interpersonal Caring, Social Disciple and a Blueprint for Restorative Healing. Vernon C. Kelly, Jr. Section 2. The Theory in Action in Communities and the Criminal Justice System. 3. Being Emotional, Being Human: Creating Healthy Communities and Institutions by Honoring our Biology. Lauren Abramson, Founding Director, Community Conferencing Center, Baltimore, Maryland, USA. 4. Restorative Practice in a Policing Environment: Understanding Affect Will Help. John Lennox, Director, Restorative Practices International, Australia. 5. Forgiveness. Katy Hutchison, restorative justice advocate, author and professional speaker, Canada. 6. A Necessary Discovery: Why the Theory is Important. Matthew W. Casey, Counselor and Restorative Practice Consultant, Goulburn Family Support Service and Matt Casey Counselling, Australia, Bill Curry, Counselor, Goulburn Family Support Service, Australia, Anne Burton, Service Coordinator, Goulburn Family Support Service, Australia and Katherine Gribben, Counselor, Goulburn Family Support Service, Australia. Section 3. The Theory in Action in Organizational Settings. 7. Keep Calm and Carry On: From Fear to Fun Over Two Years in a British Youth Arts Organization. Siân Williams, Principal Consultant, Thorsborne and Associates, UK. 8. Drama Queens. Margaret Thorsborne, Director, Margaret Thorsborne and Associates, Australia and UK. Section 4. The Theory in Action in Education. 9. Affect and Emotion in a Restorative School. Graeme George, teacher and trainer, RPforSchools.net, Australia. 10. They Suck, School Sucks, I Suck: The Secret Emotional Life of a Child with a Brain that Learns Differently. Bill Hansberry, teacher, counselors and mentor, Fullarton House, Australia. List of Contributors. Index.

Read more less

Book Synopsis“One of the most important books of our modern era” –Amb. Jaime de BourbonFor anyone struggling with conflict, this book can transform you. Negotiating the Nonnegotiable takes you on a journey into the heart and soul of conflict, providing unique insight into the emotional undercurrents that too often sweep us out to sea. With vivid stories of his closed-door sessions with warring political groups, disputing businesspeople, and families in crisis, Daniel Shapiro presents a universally applicable method to successfully navigate conflict.  A deep, provocative book to reflect on and wrestle with, this book can change your life.   Be warned: This book is not a quick fix. Real change takes work. You will learn how to master five emotional dynamics that can sabotage conflict outside your awareness:1. Vertigo: How can you avoid getting emotionally consumed in conflict? 2. Repetition compulsion: How can you stop repeating the same conflicts again and again? 3. Taboos: How can you discuss sensitive issues at the heart of the conflict? 4. Assault on the sacred: What should you do if your values feel threatened? 5. Identity politics: What can you do if others use politics against you? In our era of discontent, this is just the book we need to resolve conflict in our own lives and in the world around us.

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book SynopsisRestorative practice is an innovative approach to thinking about, and addressing, conflict and bullying, as well as disruptive, challenging and criminal behaviour. The approach is increasingly used to transform the culture of organisations, institutions and services and the way people communicate with one another.In this book, ten practitioners describe a restorative encounter as seen through the lens of their own theoretical model. The book's unique structure is modelled on a restorative practice known as Circle Time- comprising of a Check-in, a Main Activity, and a Check-out. In the Check-in the practitioner explains how their own theoretical model informs their practice; in the Main Activity they comment on the same case studies to highlight how each theory can deepen our understanding of what might be happening and why; and in the Check-out they reflect on what they have learned from reading each other's contributions. This is a unique exemplar of how restorative theory and practice can influence how practitioners think, learn and write about restorative practice.This will be an invaluable resource for restorative practitioners working across sectors including education, social services, youth offending or policy.Trade ReviewAs restorative justice continues to grow, expanding into new contexts and guided by practitioners from a wide range of backgrounds, it is critical that we maintain a solid foundation in the core guiding principles of the field and a strong connection to theories that support the work. Such a focus on restorative justice praxis brings together practice and theory, each informing the other and resulting in action that is guided by critical reflection. Belinda Hopkins contributes to this much-needed praxis by collaborating with ten leaders in the field of restorative justice who share the theories that support their work. This is not just a theory book, however; each of the theories is situated in ongoing work and applied in practical ways. This will definitely be a text I use in my classes. -- Katherine Evans, Assistant Professor, Restorative Justice in Education, Eastern Mennonite University, Harrisonburg, Virginia, USAIt has been said that restorative justice is a practice in search of a theory. Thanks to Belinda Hopkins we now have ten theories succinctly outlined and applied to restorative practices. Practitioners, academics and students who want to analyse and deconstruct ideas that support restorative justice will find that this book will be an invaluable resource for many years. -- Tim Chapman, Course Director, Ulster University Masters in Restorative PracticesIn this book, Belinda Hopkins has brought together an important set of contributions in this maturing field of enquiry. It is no mean feat to structure a book in a way that reflects the restorative principles and process itself, but in doing so, she has successfully opened up space for debates on key issues from a range of significant perspectives. This thought provoking book will be helpful to practitioners, trainers and students alike. -- Dr Gillean McCluskey, Head of Institute for Education, Community & Society, University of EdinburghThis new book is a valuable addition to the literature around restorative practice. Bringing together a range of contributors with experience of delivering restorative practice, and innovatively structured based around a restorative process, it examines restorative encounters from different perspectives and explores the ways in which successful outcomes may be achieved. Clear, accessible and interesting, this book is well worth reading for anybody interested in restorative practice. -- Jon Collins, Chief Executive Officer, Restorative Justice Council, UKTable of ContentsPreface. Introductory Check-in. 1 Affect and Script Psychology - Restorative Practice, Biology and a Theory of Human Motivation, Marg Thorsborne, Managing Director of Margaret Thorsborne and Associates (Queensland and London), Australia. 2 Attribution Theory, Juliet Starbuck, Chartered Educational Psychologist, Connect to Change Ltd and University College London, UK. 3 Critical Relational Theory, Dorothy Vaandering, Memorial University, St. John's, Newfoundland and Labrador, Canada. 4 Depth Psychology and the Psychology of Conflict, Ann Shearer, Jungian Analyst, UK. 5 Nonviolent Commmunication, Shona Cameron, Educational Psychologist, Falkirk Council, UK. 6 Personal Construct Approaches, Pam Denicolo, University of Reading, Emeritus Professor, University of Surrey, Consultant Professor on Doctoral Education, UK. 7 Towards a Relational Theory of Restorative Justice, Mark Vander Vennen, Shalem Mental Health Network, Canada. 8 Resonant Empathy, Pete Wallis, Senior Practitioner (Restorative Justice), Oxfordshire Youth Justice Service, UK. 9 A Social Constructionist Approach to Restorative Conferencing, Wendy Drewery, Faculty of Education, University of Waikato, Hamilton, New Zealand. 10 Transactional Analysis, Mo Felton, UKCP Registered Transactional Analyst Psychotherapist, Trainer and Supervisor and UKATA Registered Psychotherapist Trainer and Supervisor, UK. 11 Ten Different Ways to Approach a Restorative Encounter, Belinda Hopkins, Founder and Director of Transforming Conflict, UK. Closing Check-out.

Read more less

Book SynopsisMore Disputes and Differences: Essays on the History of Arbitration and its Continuing Relevance, is the last volume worked on by Derek Roebuck, though not quite completed before his death in 2020. It has, therefore, been prepared for publication by his widow, and sometimes co-author, women's historian Susanna Hoe. It comprises articles, lectures and chapters dating from his 2010 volume Disputes and Differences: Comparisons in Law, Language and History. But, whereas the chapters of that earlier, thematic work were quite disparate, this book, particularly in part 1, 'The Past', encompasses the history of arbitration and mediation from prehistory to the early nineteenth century. What makes this volume particularly interesting is that it is possible, as chapter follows chapter, to deduce which of Derek Roebuck's multi-volume histories he was working on at the time, and what other works he was reading or hearing then. This is illustrated by the last essay in Part 1 - 'A Pinch of Reality: Private Dispute Resolution in 18th Century England (2019)'. Part 2 - 'Past, Present and Future' (2013) - starts with 'The Future of Arbitration' (2013) which embodies just that, ending with 'Keeping an Eye on Fundamentals' (2012). Part 3 - 'Language, Research and Comparison', features works that bow to the author's particular interests and their connection to arbitration and its history. And he had a rule that, where possible, he would suggest what research still needed to be done, hence 'ADR in Business: Topics for Research' (2012). The final chapter - 'Return to that Other Country: Legal History and Comparative Law' (2019) - one of the last pieces written, says it all.

Read more less

Book SynopsisThe purpose of this book is to illuminate a theory of youth engagement in restorative justice that seeks to create systems change for more equitable schools. The authors define youth engagement in restorative justice as partnering with young people most impacted by structural injustice as changemakers in all aspects of restorative practices including community building, healing, and the transformation of institutions. Based on Adam Fletcher’s version of the Ladder of Youth Engagement, coupled with Barbara Love’s model of liberatory consciousness and an analysis of youth engagement in Restorative Justice in three different regions—Western Massachusetts, Oakland, and Houston—the authors provide a theoretical contribution: Youth Engagement in Restorative Justice grounded in liberatory consciousness. In this book readers will find: Comparative case studies from different parts of the country of youth led restorative justice programs. An exploration of the cultural and historical context of each region to situate the work. Stories from the authors' own lives that provide context for their interest in the work given their varied racial identities (White, Black, Latinx, South Asian) and upbringing. Literature review of the language of youth engagement vs. youth leadership/youth organizing/youth participation, along with a new definition of youth engagement in restorative justice. Theoretical framing based on Adam Fletcher’s Ladder of Youth Engagement , which provides a structure for the book. Exploration of how adults must combat adultism both individually and systematically as a prerequisite to doing this work. Student narratives. Applications of the work in the virtual context.

Read more less

Book SynopsisEmotions impact any practitioner of dispute resolution; yet, there are very few programs with courses that explore the emotional side of disputes. In Mediation, Conciliation, and Emotions, Peter Ladd outlines the emotions found in disputes and how these emotions function in dispute resolution. The book is divided into two parts: emotions and mediation, and emotions and conciliation. These parts examine the phenomenon of mediation, how to control emotions during mediation sessions, and how different disputes require different modes of emotional reconciliation. Mediation, Conciliation, and Emotions offers practical advice and information about the role of emotions in dispute resolution. It is an indispensable tool for practitioners of dispute resolution. Author Peter Ladd has developed a computer program which simplifies scoring of the Emotional Climate Inventory offered in the book''s Appendix. This program can be accessed via St. Lawrence University Graduate School of Education''s website at www.stlawu.edu/education.Trade ReviewPeter Ladd's Mediation, Conciliation, and Emotions expands the analysis of emotional content in a negotiation from the individual to the shared experience, exploring the establishment of "emotional climates" that arise between individuals and offering empirically based counsel for mediators and conciliators about how to help remedy undesirable emotional climates and create emotional climates more conducive to problem solving...Ladd teaches that when approaching a dispute, it may be as important to isolate the emotional quality of interaction between two people as it is to find out how each is feeling about the issue at hand. After providing the readers with tools to identify the emotional climates that form between disputants, Ladd offers detailed, empirically based advice for treating the various kinds of dysfunction that can arise in those climates. -- Erin Ryan * Negotiation Journal *Table of Contents1 Introduction 2 Part I: Emotions and Mediation; Chapter 1:The Phenomenon of Mediation; Chapter 2: Emotions and Mediation 3 Part II: Emotions and Conciliation; Chapter 3: Anger and Conciliation; Chapter 4: Resentment and Conciliation; Chapter 5: Revenge and Conciliation; Chapter 6: Apathy and Conciliation; Chapter 7: Guilt and Conciliation; Chapter 8: Egotism and Conciliation; 4 Appendices 5 Bibliography 6 Index

Read more less

Book Synopsis

Read more less

Book SynopsisThis leading commentary on international commercial arbitration, now in its sixth edition, is an essential guide for arbitrators, lawyers, and students.

Read more less

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

Read more less

Book SynopsisThe fourth edition of this established and highly-regarded work is the most systematic study available of the law of sale of goods with reference to UK and Commonwealth authorities and relevant UK and EU legislation.A distinguishing feature of the work is the depth of treatment of problem areas, providing clarity on the law. It provides full coverage of content, interpretation and performance issues relating to sale of goods agreements. The book also addresses the relevant aspects of consumer law, as well as issues such as recoverability of damages, currency and interest.The work has been updated in its fourth edition to cover all recent developments in caselaw, most notably The Supreme Court in PST Energy 7 Shipping LLC v OW Bunker Malta Ltd (The Res Cogitans) [2016] UKSC 23 which has given rise to a new category of contract: the sui generis supply contract, for which no statutory model yet exists. Also examined in depth is the Consumer Rights Act 2015, which has profoundly affected the structure of sales law and, in a number of key instances, has also affected the substance of the law.This work remains the leading work of scholarship and an invaluable reference for all practitioners and scholars working in the field.Table of Contents1: Introduction and Conclusion of the Contract 2: Definition and Subject Matter of the Sale of Goods Contract 3: The Passing of Property 4: Risk, Mistake, and Frustration 5: The Seller's Duty and Power to Transfer Title 6: Delivery, Acceptance, and Payment 7: The Implied Terms of Description, Fitness, and Quality 8: Other Liabilities of the Seller and Liabilities of Third Parties 9: Unfair Contract Terms 10: Termination of the Contract for Breach 11: The Remedies of the Seller and the Buyer I 12: The Remedies of the Seller and the Buyer II

Read more less

Book SynopsisProvides an in-depth overview of ADR before covering in detail the principles, processes, and enforcement options involved. This fully revised third edition integrates a range of important new case law and specifically locates ADR within an increasingly digital landscape.Trade ReviewReview from previous edition A first-class and fundamental practitioner publication ... Now, with the benefit of a few years' hindsight on the implementation of 'the Jackson reforms' which are rightly seen as wholly constructive procedural necessities, this new edition 'builds on the success of the first edition to provide an updated guide to all aspects of ADR'. * Phillip Taylor and Elizabeth Taylor, Richmond Green Chambers. *

Read more less

Book SynopsisThis clear and original book provides a much-needed analysis of the doctrines of res judicata and abuse of process as applied to foreign judgments recognized in England for their preclusive effect. In particular, it examines the four preclusive pleas which are encountered in practice, namely: (i) cause of action estoppel; (ii) issue estoppel; (iii) former recovery per section 34 of the Civil Jurisdiction and Judgments Act 1982; and (iv) the rule in Henderson v Henderson. So far as foreign judgments are concerned, the book examines separately the preclusive effects of foreign judgments recognized according to the English common law and related statutory rules, and foreign judgments which the English courts are obliged to recognize under the Brussels and Lugano Conventions. It also includes a discussion of the preclusive effects of judgments recognized under the proposed Hague Convention on Jurisdiction and Foreign Judgments in civil and commercial matters.Although the complex and techniTrade ReviewThe preclusive effect of foreign judgments in international law is a veritable minefield for lawyers. But given the exponential rise in transnational litigation in recent years, it is a subject which more and more practitioners are having to come to grips with. This book promises to be a formidable weapon in the armoury of such practitioners. ... attempts to unravel many of the mysteries surrounding this branch of the law. * Journal of the Commonwealth Lawyers' Association 2001 *The series of Oxford monographs in private international law is producing some innovative titles, frequently in areas that have not been covered previously in texts of such depth. Dr Barnett's work is a welcome addition to the series, and is in many ways groundbreaking. ... deals with the complex questions which arise when the doctrines of res judicata and abuse of process are applied to foreign judgements. It will be a valuable addition to the library of the international commercial lawyer. * New Law Journal, 15 Feb 2002 *This is another excellent contribution to the Oxford Monographs in Private International Law. The academic community of private international lawyers, not to mention those in the real world of legal practice and judges, owe a debt of gratitude to Peter Carter QC for taking the initiative to found this series and to edit it. this is a very thoroughly researched book on a difficult topic that adds to our knowledge of the effects of foreign judgments. * Law Quarterly Review, 1 Apr 2002 *a welcome addition to the [Oxford monographs in private international law] series, and ... in many ways ground breaking ... It will be a valuable addition to the library of the international commercial lawyer. * Gavin McFarlane, New Law Journal, February 2002 *Table of ContentsI: INTRODUCTION ; II: THE PRECLUSIVE EFFECTS OF FOREIGN JUDGMENTS RECOGNISED IN ENGLAND AT COMMON LAW OR UNDER RELATED STATUTORY SCHEMES ; III: THE PRECLUSIVE EFFECTS OF FOREIGN JUDGMENTS RECOGNISED IN ENGLAND UNDER INTERNATIONAL CONVENTIONS ; IV: CONCLUSION

Read more less

Book SynopsisOpportunities to see expert cross-examinations are often infrequent in international arbitration and the occasions to sharpen these skills for many are rare. This book is both an invaluable teaching tool as well as a general guide to effective cross-examination in international arbitration. Based on extensive experience and insight from the authors and aided by practical examples, it provides a thoroughly illustrated analysis of how essential cross-examination techniques can best be adapted to the arbitral format. Concise and well organised, it leads the reader through the different cross-examination techniques in an accessible point by point structure, presenting readers with a clear and authoritative introduction on how best to conduct a cross-examination or a quick-reference for more experienced practitioners. An international arbitration hearing is very different from a trial in a court and any practitioner appearing as counsel, whether common or civil law lawyers, needs to know wTable of ContentsPART 1: BACKGROUND; PART 2: THE NINE BASIC PRINCIPLES; PART 3: CONCLUDING REMARKS

Read more less

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.

Read more less

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"

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book SynopsisTraces the origins of South Africa’s Truth and Reconciliation Commission to two well-established instruments of colonial and imperial governance: the jurisprudence of indemnity and the commission of inquiry. The TRC’s genius, he contends, is its innovative adaptation of colonial law, sovereignty, and government.

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book SynopsisIn the last twenty years, there has been a growing interest in alternative dispute resolution (ADR), as scholars and practitioners seek more effective, context-sensitive approaches to conflict. Where formerly conflict was tackled and resolved in formal legal settings and with an adversarial spirit, more conciliatory approaches negotiation, mediation, problem-solving, and arbitration are now gaining favour. These new methods are proving especially appropriate in intercultural contexts, particularly for Aboriginal land claims, self-government, and community-based disputes.The essays collected here by Catherine Bell and David Kahane provide a balanced view of ADR, exploring its opportunities and effectiveness alongside its challenges and limits. The essays are international in scope, with examples of efforts at dispute resolution involving Inuit and Arctic peoples, Dene, Gitxsan and Wet'suwet'en, Tsuu T'ina, Cree, Metis, Navajo, Maori, Aboriginal Australians, and Torres StraitTable of ContentsForeword / Paul ChartrandAcknowledgmentsIntroduction / David Kahane and Catherine BellPart 1: Theoretical Perspectives1 Learning New Dances: Finding Effective Ways to Address Intercultural Disputes / Michelle LeBaron2 What is Culture? Generalizing About Aboriginal and Newcomer Perspectives / David Kahane3 Perceiving the World Differently / Dale Turner4 Paths to Intercultural Understanding: Feasting, Shared Horizons, and Unforced Consensus / Natalie Oman5 Commentary: When Cultures Collide / Julie MacFarlanePart 2: International Contexts6 Navajo Peacemaking and Intercultural Dispute Resolution / Chief Justice Robert Yazzie7 Cultural Conflict in Colonial Legal Systems: An Australian Perspective / Larissa Behrendt8 The Waitangi Tribunal’s Role in the Dispute Resolution of Indigenous (Maori) Treaty Claims / Morris Te Whiti Love9 Commentary: Indigenous Dispute Settlement, Self-Governance, and the Second Generation of Indigenous Rights / Jeremy WebberPart 3: Canadian Contexts10 Weche Teachings: Aboriginal Wisdom and Dispute Resolution / Elmer Ghostkeeper11 Who Gets to Say What Happened? Reconciliation Issues for the Gitxsan / Val Napoleon12 Reconciliation Devices: Using the Trust as an Interface Between Aboriginal and State Legal Orders / Richard Overstall13 Parallel Justice Systems, or a Tale of Two Spiders / Dale Dewhurst14 Commentary: Reconciling Our Memories in Order to Re-Envision Our Futures / N. Bruce DuthuPart 4: Issues of Design and Implementation15 Indigenous Dispute Resolution Systems Within Non-Indigenous Frameworks: Intercultural Dispute Resolution Initiatives in Canada / Catherine Bell16 What’s Old is New Again: Aboriginal Dispute Resolution and the Civil Justice System / Diana Lowe and Jonathan H. Davidson17 The Dispute Resolution Provisions of Three Northern Land Claims Agreements / Nigel Bankes18 Commentary: Intercultural Dispute Resolution Initiatives Across Canada / Andrew PirieConclusion19 A Separate Peace: Strengthening Shared Justice / John BorrowsContributorsIndex

Read more less

Book SynopsisSoon after the arrival of Doukhobors to British Columbia, new immigrants clashed with the state over issues such as land ownership, the registration of births and deaths, and school attendance. As positions hardened, the conflict, often violent, intensified and continued unabated for the better part of a century, until an accord was finally negotiated in the mid-1980s.Table of ContentsAcknowledgmentsOrganizations and Acronyms1 Introduction2 Deconstructing the Discourse of Conflict and Culture3 Auto-Narrative4 Competing Narratives5 Negotiating a New Narrative6 Rendering the Past into Meaning7 Turning Points of Reason8 Conflict and Terrorism: Lessons for the PractitionerAppendicesA Survey of Bombings and BurningsB Doukhobor Groups and RepresentativesC EKCIR MembersD Rules of Procedure Notes References Index

Read more less

Book SynopsisThe New Lawyer analyzes the profound impact changes in client needs and demands are having on how law is practised. Most legal clients are unwilling or unable to pay for protracted litigation and count on their lawyers to pursue just and expedient resolution. These clients are transforming the role of lawyers, the nature of client service, and the principles of legal practice. In this fully revised edition of the now classic text, Julie Macfarlane outlines how lawyers can meet new expectations by committing to lawyer-client collaboration, conflict resolution advocacy, and revised financial structures so that the legal profession can remain relevant in this rapidly changing environment.Table of ContentsForeword / Kari Boyle and Jennifer Muller1 Changes in the Legal Profession and the Emergence of the New Lawyer2 The Making of a Lawyer: How Professional Identity Develops3 What Lawyers Believe: Three Key Professional Beliefs4 Legal Negotiations5 The New Advocacy6 The Lawyer/Client Relationship7 The Shadow of the Law8 Ethical Challenges for the New Lawyer9 Where the Action Is: Sites of ChangeEpilogueNotes, Index

Read more less

Book SynopsisThe New Lawyer analyzes the profound impact changes in client needs and demands are having on how law is practised. Most legal clients are unwilling or unable to pay for protracted litigation and count on their lawyers to pursue just and expedient resolution. These clients are transforming the role of lawyers, the nature of client service, and the principles of legal practice. In this fully revised edition of the now classic text, Julie Macfarlane outlines how lawyers can meet new expectations by committing to lawyer-client collaboration, conflict resolution advocacy, and revised financial structures so that the legal profession can remain relevant in this rapidly changing environment.Table of ContentsForeword / Kari Boyle and Jennifer Muller1 Changes in the Legal Profession and the Emergence of the New Lawyer2 The Making of a Lawyer: How Professional Identity Develops3 What Lawyers Believe: Three Key Professional Beliefs4 Legal Negotiations5 The New Advocacy6 The Lawyer/Client Relationship7 The Shadow of the Law8 Ethical Challenges for the New Lawyer9 Where the Action Is: Sites of ChangeEpilogueNotes, Index

Read more less

Book SynopsisThis history explores the court through the work of the four men who greatly influenced and led it: Robert G. Simmons (1938-63, the first modern chief justice), Paul White (1963-78), Norman Krivosha (1978-87), and William C. Hastings (1987-95).Trade Review“[A] book-length . . . review of decisions, judgments and trends during 57 consecutive years of Nebraska Supreme Court life really is a noteworthy and valuable publication. . . . There’s really a lot here, either to be learned or to stir memory.”—Dick Herman, Lincoln Journal Star“This readable and entertaining book is the first history written about the Nebraska Supreme Court. . . . It is a must-read for lawyers and judges, particularly those who lived and practiced during any of the fifty-eight years reviewed. It is a very informative and instructive read for non-lawyers who are interested in a witty and well-researched discussion of Nebraska’s legal and political history.”—Samuel Van Pelt, The Nebraska Lawyer“Rich detail about cases and personalities that would appeal to lay readers.”—Michael Kelly, Omaha World-Herald"Slipping Backward provides an excellent addition to the scholarship of state supreme courts and is the first major work dedicated to a state supreme court of the Great Plains."—Peter J. Longo, Western Historical Quarterly"An excellent storyteller, Jim Hewitt plumbs judicial personality and the knotty problems faced by the court. His experience as lawyer, historian, Nebraska State Bar Association president, and his service on the American Bar Association's Committee on the Federal Judiciary and as commissioner of a Supreme Court Nominating Commission uniquely qualify him to tell the Nebraska Supreme Court's story."—Cloyd Clark, Great Plains Research

Read more less

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

Read more less

Book Synopsis All you need to understand the dynamics of conflict -- and the joy of resolution The rapid rate of change in the workplace and among families often leads to conflict and confrontation which can undermine productivity and poison relationships. The Joy of Conflict Resolution helps readers understand conflict and why it arises through the lens of the drama triangle of victims, villains and heroes. In an accessible, engaging and light-hearted style that uses stories and humor to explore potentially emotionally charged situations, it provides proven and practical skills to move beyond confrontation to resolve conflicts collaboratively. Table of ContentsVictims, Villains, and Heroes; Lessons from the Sandbox; Just Like the Movies; Welcome to Turm-Oil Inc; The Assumption Iceberg; The Wobbly Stool of Conflict; The Perils of Anger Mountain; Beware the Conflict Gremlins; The Power of Listening; Spinning The Straw of Defensiveness; Escaping The Trap of Positions; Probing The Depths of Conflict; Standing Up For Ourselves (Without Knocking The Other Person Down); The Road to Resolution; Tips for the Traveller; Index.

Read more less

Book SynopsisThe classic resource for effective mediation - now fully updated and expandedThe popular Mediator''s Handbook presents a time-tested, adaptable model for helping people work through conflict. Starting with a new chapter on assessing conflict and bringing people to the table, it explains the process step-by-step, from opening conversations and exploring the situation, through the phases of finding resolution-deciding on topics, reviewing options, and testing agreements. The Toolbox section then details the concepts and skills a mediator needs in order to: Understand the Conflict Support the people Facilitate the process Guide decision-making. The Mediator''s Handbook''s emphasis is on what the mediator can do or say NOW, and on the underlying principles and core methods that can help the mediator make wise choices. Long a popular course textbook for high schools, Table of ContentsPreface Overview What is mediation? A useful tool What makes mediation work? The mediator's role The anatomy of the mediation process The anatomy of a session Process-centered mediation Guiding principles Mediation terms THE PROCESS Getting to the Table Can mediation help this situation? How people find a mediator Voluntary or mandatory? Initial conversations Do they want to participate? Defining the scope Approaching the other parties Should I be the mediator? Pre-mediation agreements and review Choosing a location The Mediation Session Part I: Exploring the Situation Preparing yourself, co-mediators Setting up Opening Opening: Welcome & warm-up Opening: Logistics Opening: Orientation Opening: Participants' role, willingness Listening to Each Perspective The Exchange The Exchange: Facilitating The Exchange: Tasks & flow Clarify information Check out interpretations Listen for their concerns Example + impact Restate their interests Note other relevant interests Encourage empathy and reconciliation Transition to Reaching Resolution Separate Conversations Uses for Separate Conversations Breaking for Separate Conversations Separate Conversations: Template The Mediation Session Part II: Reaching Resolution Reaching Resolution Reaching Resolution: Sequence Topic List Topic List: Why it is crucial Topic List: Drafting Topic List: Wording Midpoint check-in Options Options: Together come up with ideas Options: Gut, interests, workability Options: Reality testing Decisions Decisions: Gut, interests, workability Decisions: Emotions, hesitations Writing the Agreement Writing the Agreement: Specifics Writing the Agreement: Positive framing Closing Afterwards: Wrapping up Multiple sessions THE TOOLBOX Understanding Conflict Disputes & conflicts Metaphors for understanding conflict The conflict core Common effects of conflict The pleasures of conflict When things heat up The way out is through The Conflict Triangle People, Process, Problem Which mode are you in? Supporting the People Supporting the people: Main skills Setting the tone Level of formality, taking notes Confidentiality in practice Giving your full attention Elements of full attention Acknowledging Handling judgmental remarks Protecting From adversarial mode to cooperative mode Avoid this Kettle of Fish Attending to comfort & accessibility Language and hearing difficulties Working with people in all their variety Finding commonalities Scenarios: Emotionally difficult situations 111 Facilitating the Process Facilitating the process Impartial facilitation Structuring the session Structuring the discussion When you can be directive When to consult Keeping on track Crafting questions Crafting questions: Word with care Crafting questions: Spin it positive Crafting questions: Follow up for clarification Kinds of rewording Reflecting back Summarizing Summarizing: Its many uses Working visually When to intervene When to intervene: Stopping the momentum When to intervene: Slowing the process down Is it time to quit? Ending a mediation Scenarios: Facilitation challenges Solving the Problem Participants' starting point: Power & rights Changing the "positions" mindset Interests Layers of interests Why interests matter Finding space for solutions Reframing Checking out (mis)interpretations Lies, perceptions, deceptions Plain description of facts and needs Flip it! ? Outcome-focused interests Tactful wording of interests and topics Summary of interests Topic List examples Eliciting ideas: Brainstorming Eliciting ideas: Opening up possibilities Can mediators suggest options? Visual aids for making decisions Types of resolution "Typical" or "good enough" resolutions What-ifs Fallbacks: Contingencies, uncertainties Step-down agreements: Smaller scope When there's no agreement Final review: Workability Final review: Future Sample agreements Scenarios: problem-solving challenges 173 Going Further Going further Adapting the process Mediating with children & teens Mediating across generations Mediating family conflicts Mediating employee conflicts Participant evaluation Mediator evaluation of a mediation Evaluating yourself The Handbook "soup pot" Authors & contributors Organizational support Index

Read more less

Book Synopsis

Read more less

Book SynopsisStarting with the first substantial body of primary sources, the epics of Homer and Hesiod in the 7th century, and ending with the fall of Egypt to the Romans in 30BC, this volume describes the development of mediation, arbitration and other ways of resolving disputes, other than litigation.

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

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.

Read more less

Book SynopsisThis handbook is a must read for academics, arbitrators, practitioners, and students interested in a comparative analysis of the convergence and divergence of national and international commercial arbitration rules. The core areas of focus include the enforcement and vacation of arbitral awards and the interpretation of arbitration agreements.Trade Review'The most valuable feature of this excellent work is that it will be a very efficient and reliable source of information for lawyers coming from jurisdictions having different laws and practices on topics of great importance in the contemporary world of international arbitration. This will be a notable contribution to further development of this way of dispute settlement.' Professor Alexander S. Komarov, Member of the Presidium of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation'This valuable new sourcebook provides a detailed look at the zones of intersection between state courts and arbitration including conflicts of interest, arbitrator misconduct, and the enforcement of arbitration agreements and awards. A notable feature of the book is the country reports on judicial control of arbitration in 15 major jurisdictions. The book will prove to be a useful reference for practitioners and a source of rich insights for students and scholars of comparative international law. I highly recommend it.' Dr. Michael Moser, Twenty Essex Chambers, Past Chairman, Hong Kong International Arbitration Centre'The intersection between arbitration and courts is at a procedural crossroad that is critically relevant in both theory and practice. The analyses collected in this book offer a unique and invaluable guidance to those who find themselves at this intersection.' Tibor Várady, Emeritus Professor Emory University and Emeritus Professor Central European University'… the book is an interesting and enlightening collection of essays and will be of value to practitioners, scholars, and students looking for specific guidance on discrete issues as well as a broad overview of the international arbitration universe.' Michail Risvas, Journal of World Investment & TradeTable of ContentsPart I. Vacating Commercial Arbitration Awards: 1. Introduction: Intersection of courts and arbitration Marta Infantino, Nathalie Potin and Larry A. Dimatteo; 2. Independence and impartiality of arbitrators Carlos Matheus López; 3. Exploring the parameters of conflicts of interest Nathalie Potin and Tunde Ogunseitan; 4. Procedural irregularities and misconduct during proceedings Alexander Belohlavek; Part II. Enforcing Commercial Arbitration Awards: 5. Inter-arbitration association conflict Richard Happ; 6. Requirements for enforceability Daìrio Manuel Lentz De Moura Vicente; Part III. Scope and Interpretation of Arbitration Clauses: 7. Judicial interpretation of standard clauses Rocio Digon and Tony Cole; 8. Industry-specific clauses and their interpretation Alexandra-Luiza Ionescu (Mareș); 9. Drafting, interpretation, and enforcement of arbitration clauses: a practitioner's perspective Philippe Cavalieros; Part IV. Judicial Control over Arbitral Awards: Country Reports: 10. Judicial control of arbitral awards in Argentina Maria Beatriz Burghetto; 11. Judicial control of arbitral awards in Australia Luke Nottage, Nobumichi Teramura and Jim Morrison; 12. Judicial control of arbitral awards in Bulgaria Oleg Temnikov; 13. Judicial control of arbitral awards in China Lei Chen and Wang Hao; 14. Judicial control of arbitral awards in France Denis Bensaude; 15. Judicial control of arbitral awards in Germany Joseph Schwartz; 16. Judicial control of arbitral awards in Italy Marta Infantino; 17 Judicial control of arbitral awards in Nigeria Tunde Ogunseitan and Nathalie Potin; 18. Judicial control of arbitral awards in Poland Jerzy Pisuliński and Piotr Tereszkiewicz; 19. Judicial control of arbitral awards in the Russian Federation Dmitry Dozhdzev; 20. Judicial control of arbitral awards in Spain Teresa Rodriguez De Las Heras Ballell; 21. Judicial control of arbitral awards in Switzerland Phillip Landolt; 22. Judicial control of arbitral awards in Ukraine Galyna Mykhailiuk; 23. Judicial control of arbitral awards in United Kingdom Andrew Tetley; 24. Judicial control of arbitral awards in the United States Larry A. Dimatteo; Part V. Summary and Findings: 25. Divergence, themes, and trends in national arbitration laws Nathalie Potin, Marta Infantino and Larry A. Dimatteo; 26. Shared control system over arbitral proceedings Friedrich Rosenfeld.

Read more less

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

Read more less

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

Read more less

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

Read more less

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.

Read more less

Book Synopsis

Read more less

Book SynopsisInvestment treaty arbitration urgently requires a certain and consistent way of deciding regulatory disputes that pays due respect to the competing imperatives of investment protection and regulatory autonomy. Caroline Henckels argues that in such cases investment tribunals should employ proportionality analysis in combination with an institutionally sensitive standard of review.Trade Review'… this book is an incisive and important contribution to the burgeoning literature on international investment law, and indeed other fields of international law as well as jurisprudence.' Luke Nottage, Journal of World Investment and TradeTable of Contents1. Introduction; 2. Proportionality and deference in theoretical perspective; 3. Operationalizing deference in the context of proportionality analysis: comparative approaches; 4. Methods of review employed by investment tribunals in regulatory disputes; 5. The development of an institutionally sensitive approach to proportionality analysis in investor-state arbitration; 6. Other issues affecting the method and standard of review in investor-state arbitration; Conclusion.

Read more less

Book Synopsis

Read more less