Arbitration, mediation and alternative dispute resolution Books

Book SynopsisA concise and practical guide to bringing the day-to-day practice of restorative justice programs into closer alignment with restorative values.In the past twenty-five years there has been an explosion of programs, projects, and initiatives that use the terms “restorative justice” or “restorative practices.” This reflects multiple trends: the failures and inhumanity of justice system policies and practices; the unfairness and ineffectiveness of “zero tolerance” and other punitive measures adopted in our schools, and the positive impact of those who have promoted restorative practices for the past several decades around the world. This complex mix has generated an array of programs that utilize restorative ideas and practices in a wide variety of ways, such as court diversion, deeply spiritual circle work, and national and international truth and reconciliation projects. Some of these programs are designed to address incidences of harm that fall within large systems (family group conferencing, victim offender dialogue, circles, COSA, etc.) or in schools where they are often focused on addressing incidences of harm in an effort to change the over reliance on suspensions and expulsions as a way to modify student behaviors. There are other experiments in restorative justice that move this work into community settings, with a focus on healing and the creation of more empathic relationships. As the authors know from experience, there is often a gap between values and the reality of day to day practice. This Little Book strives to find ways to shrink that gap and to bring our practice and the structures and methods that employ them into closer alignment with restorative values. Simply put, this book asks, how can we better align restorative theory and practice in our work? In order to have truly restorative programs (programs that strive for consistency between their stated values and their real-life practices) the authors offer some ways to integrate restorative practices and values into the strategies used to design, implement, and assess them. They propose the use of another transformative practice, Participatory Action Research (PAR), as a powerful ally in the work of developing restorative practices and the programs that hold them.

Read more less

Book SynopsisA practical guide to listening well in restorative justice programs and any relationship.The Little Book of Listening is an introduction to and practical guide for listening as an emergent strategy for creating a transformed world. It presents radical listening as an essential macro-skill, one that is essential in forming “right relationships” with ourselves and others that are the necessary prerequisite to all lasting forms of social change. This is a collaborative book, constructed from the contributions of twenty-six listeners from a wide variety of backgrounds who have shared their strategies, experiences, inspiration, and hopes for a transformed world through listening justly and equitably. One of the primary goals of the book is to offer practical tools for readers to develop the skills to listen to themselves and others more effectively, drawing attention to the barriers and filters that so often distract us from listening. Ano

Read more less

Book SynopsisA restorative justice approach to addressing sexual misconduct in colleges and universities. Written for college and university practitioners and administrators, The Little Book of Restorative Justice for Campus Sexual Harms: A Holistic Approach to Address Sexual Misconduct and Relationship Violence for Colleges and Universities combines explanation, justification, and contextualization for the application of restorative justice (RJ) for sexual misconduct, including for alleged Title IX violations. This book outlines considerations, action steps, and best practices for campuses that are interested in exploring the successful implementation of RJ for sexual misconduct. The authors' backgrounds as practitioners within the higher education context grounds this work with personal reflections, experiences, and stories. This book provides a primer for colleges and universities who seek to move campus culture in a more restorative direction generally, and spe

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

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

Read more less

Book Synopsis

Read more less

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

Read more less

Book SynopsisThis innovative book proposes a fundamental rethink of the consensual foundation of arbitration and argues that it should become the default mode of resolution in international commercial disputes. The book first discusses the most important arguments against this proposal and responds to them. In particular, it addresses the issue of the legitimacy of arbitrators and the compatibility of the idea with guarantees afforded by European human rights law and US constitutional law. The book then presents several models of non-consensual arbitration that could be implemented to afford neutral adjudication in disputes between parties originating from different jurisdictions' to offer an additional alternative forum in the doctrine of forum non conveniens or to save judicial costs. The first dedicated exploration into the groundbreaking concept of default arbitration, Rethinking International Commercial Arbitration will appeal to scholars, students and practitioners in arbitration and international litigation.Trade Review'International commercial arbitration has of late attracted vast amounts of commentary, much of it merely advocacy in favor of or against the enterprise, and all too often polemical in nature. What the field has lacked is a truly penetrating and holistic study of the challenges facing the enterprise, both its workings and its connection with other international dispute resolution regimes. Into this gap comes Gilles Cuniberti's masterful work which deserves the attention of anyone wanting to take international commercial arbitration seriously.' --George A. Bermann, Columbia Law School, US'Arbitration is, for many reasons - one of which is neutrality - a more suitable mode of dispute resolution in an international context than litigation before a State court. Building on his seminal 2009 article, Professor Gilles Cuniberti implacably demonstrates that arbitration should be given the status of default mode, and systematically rebuts the conventional objections against such a revolutionary proposal. He does so with such talent and persuasive power that the initially sceptical, but open-minded, reader, after turning the last page, must honestly admit that Professor Cuniberti might well have convinced him.' --Pierre Mayer, Emeritus Professor at the University of Paris 1 Pantheon-Sorbonne, France'Cuniberti's thought-provoking book elaborates on the concept of default arbitration which he was the first to propose in a 2009 article. The idea is that, in the international setting, arbitration should be the default mode of resolution of commercial disputes because it is superior to court litigation, particularly on account of its neutrality and flexibility. This shift of paradigm has been gaining traction, but remains controversial. Cuniberti's well-argued analysis brings a welcome breath of fresh air to the debates on arbitration, which remain extremely deferential to acquired wisdom but often fail duly to consider the evolution in the reality of international commercial relations.' --Luca G. Radicati di Brozolo, Catholic University of Milan, ItalyTable of ContentsContents: Part I Why Promote Arbitration 1. The Most Suitable Mode of Dispute Resolution Part II The Decline of Consent in Modern Arbitration 2. Foreign Investment Arbitration 3. Domain Name Arbitration 4. The French Experience Part III Policy Analysis 5. The Legitimacy of Private International Adjudication 6. The Public Functions of Courts Part IV Constitutional Constraints 7. European Law 8. The Constitution of the United States Part V Models of Default Arbitration 9. The Proposed Model 10. Variant 1: Arbitration as Forum Conveniens 11. Variant 2: Ending the Commercial Judicial Subsidy Part VI Implementation 12. Indirect Paths 13. Direct Paths Index

Read more less

Book SynopsisComparative Dispute Resolution offers an original, wide-ranging, and invaluable corpus of essays on dispute resolution. Enriched by a broad, comparative vision and a focus on the processes used to handle disputes, this study adds significantly to the discourse around comparative legal studies.From a comparative perspective, this Research Handbook analyses the field of dispute processing, generally and across a broad range of legal systems and their legal cultures. It explores the nature of disputes and the range of basic processes used in their resolution, examining emerging issues in theory and practice and analysing differing traditions of dispute resolution and their 'modernisation'. Offering a balanced combination of theory and praxis, chapters present new understandings of theoretical, comparative and transnational dimensions of the manner in which societies and their legal systems respond to difficulties in social relations.Showcasing opportunities for new research and debate, Comparative Dispute Resolution will be helpful to practitioners and those engaged in the practise of handling disputes. Students and scholars in disciplines such as law, sociology, politics and psychology will also find this topical Research Handbook useful in their understanding of the theory and practice of disputing and dispute management, legal reform and enhanced access to justice.Trade Review‘This volume is an important and timely contribution to the growing literature on comparative dispute resolution which has been made even more important by the adoption of the Singapore Convention on Mediation in 2019 and the acceleration of the use of online dispute resolution processes due to the appearance of COVID 19. The editors and contributors deserve recognition for their achievement in providing this rich resource for us.’ -- Colm Brannigan, Canadian Arbitration and Mediation Journal'This is an impressive volume, both in terms of coverage and depth, offering a rich variety of intellectual perspectives on a wide spectrum of dispute resolution processes, including processes of avoidance, negotiation, mediation, umpiring, hybrid processes and self-help. In doing so, this compendium brings together a wide variety of anthropological viewpoints from many top scholars in this field, providing new insights of theoretical, comparative and transnational dimensions, which observe how the culture and social context are often very significant.' -- Pablo Cortes, University of Leicester, UK'An astonishingly broad-reaching and multidisciplinary collection of essays that connects readers back to classic historical, anthropological, and jurisprudential studies of disputing; across legal systems in Africa, Asia, North and South America, and Europe and across processes such as negotiation, mediation, arbitration, but also avoidance and violence. It also moves forward to contemporary issues including new relations between technologies and humans and the transformation of courts from the inside. Together, these essays offer fresh comparative insights that challenge conventional understandings of the boundaries among law, disputing, and the state.' -- Amy J. Cohen, Ohio State University, Moritz College of Law, US -- Michele Graziadei, University of Turin, ItalyTable of ContentsContents: [A] INTRODUCTORY 1. Introduction Maria Federica Moscati, Michael Palmer and Marian Roberts B] DISPUTES 2. Restorative Responses to Intimate Partner Violence Donna Coker 3. Dispute Avoidance Fiona Cownie and Anthony Bradney 4. Conflict Analysis and Conflict Intervention: Do Theoretical Understandings of Conflict Shape Conflict Intervention Approaches? Joseph P. Folger 5. Violence Michael Palmer [C] NEGOTIATION 6. The Opening Statement in Mediation: A Goffman Analysis Debbie de Girolamo 7. (Mindfully) Negotiating around ‘Lies’: The Science of Nonverbal Communication for ‘Soft’ and ‘Hard’ Cultures Clark Freshman 8. The Negotiative Function of Law in International Dispute Resolution Amy Kellam 9. Negotiating Within Legal Ambiguity: Same-Sex Partners, Family Disputes and Negotiation in Italy Maria Federica Moscati 10. Rethinking Analysis of Homelessness Applications: the Role of Negotiation and Disputing Behaviour Patricia NG [D] MEDIATION 11. Through the Looking Glass: exploring the regulatory-ethical eco-system for mediation Nadja Alexander 12. Square Pegs and Round Holes: The Divergent Roles of Lawyers and Mediators Lesley Allport 13. Elder Mediation: An Emerging Field of Practice Dale Bagshaw 14. Mediator Styles Kenneth Kressel 15. Mediation Privilege Gary Meggitt 16. Mediation Processes Linda Mulcahy 17. Gulliver’s cross-cultural processual model of mediation and family mediation: The harmonious integration of theory and practice. Marian Roberts 18. Personae non grata: Interpreters in Mediation Brooke Townsley 19. Civil Case Mediation in the United States James A. Wall [E] UMPIRING: ADJUDICATION, ARBITRATION & LITIGATION 20. Judicial Conflict Resolution (JCR) in Italy, Israel and England and Wales: A Comparative Look on the Regulation of Judges’ Settlement Activities Michal Alberstein & Nourit Zimerman 21. Arbitration in Comparative Perspective Gu Weixia 22. Courts and Dispute Resolution in Japan John Haley 23. Algorithmic Justice: Dispute Resolution and the Robot Judge? John Morrison & Adam Harkens 24. Regulating the Cost of Access to Justice in Environmental Matters in the Member States of the European Union Áine Ryall 25. Unrepresented Parties as “Professionals” in China’s Consumer Dispute Processes Zhou Ling [F] MIXED PROCESSES and HYBRID SYSTEMS 26. The Role of Ombuds—A Comparative Perspective Naomi Creutzfeldt 27. Alternative Dispute Resolution through Restorative Justice: An integrated approach Theo Gavrielides 28. Hybrid and Mixed Dispute Resolution Processes: Integrities of Process Pluralism Carrie Menkel-Meadow 29. Regulatory Regime for Online Dispute Resolution (ODR): Current Forms and Future Development ZHAO Yun [G] CHANGING CULTURES, CHANGING SYSTEMS 30. Mediation in the Russian Federation W. E. Butler 31. Transplants, Re-Use, and Adaptation: Voluntarism in the Irish Mediation Act 2017 as a Comparative Undertaking Aonghus Cheevers 32. Restoring the National Convivencia through Transitional Justice: The Chilean Case Anita Ferrara 33. Dispute Resolution Processes in Islamic Cultures Mohamed M Keshavjee 34. Dispute Resolution in South Korea Dohyun Kim & Chul-woo Lee 35. “Different spaces, Different laws”: The role of state forums in non-state dispute processing in India Kalindi Kokal 36. Shifts in Dispute Resolution Processes of West African States Emelia Onyema 37. The Art of Mediation: Law and Rhetoric in Medieval Tibet Fernanda Pirie 38. Local Law and Dispute Resolution Mechanisms under Negotiation in Emerging South Sudan Katrin Seidel 39. Commercializing Alternative Dispute Resolution Processes in Resolving Financial Disputes in China Shen Wei Index

Read more less

Book SynopsisAs judiciaries advance, exploring how court mediation programs can provide opportunities for party-directed reconciliation whilst ensuring access to formal legal channels requires careful investigation. Court Mediation Reform explores comparative empirical findings in order to examine the association between court mediation structure and perceptions of justice, efficiency and confidence in courts. This unique study draws on an eighty-three person survey as well as case studies from ten global mediation jurisdictions including Australia, France, Hong Kong, India, and the United States. Given the highly contextual nature of court mediation programs, the book highlights the achievements, challenges and lessons learned in the implementation of mediation programs for general civil claims. In so doing, the study identifies that positive achievements are largely dependent on multiple factors including the functioning of the civil litigation system, the capacities of the mediators, safeguards against bias, participant education, and cultural and institutional support.This book will be of interest to both scholars and practitioners of law, civil justice, mediation, comparative law and dispute resolution. It will also be of use to judiciaries and policy makers looking to advance court mediation programs.Trade Review'Professor Ali's book offers the most comprehensive, qualitative study and insights on Global Court Mediation I have encountered. It should be in the hands of every court in the world.' --Judge Dorothy Nelson, United States Court of Appeals, 9th Circuit'Shahla Ali's work is an innovative meta-analysis of the trends in the institutionalization of mediation at the macro level. It has an ambitious approach that had not been attempted yet, and paves the way for other future research, as well as providing guidance to policy makers and professionals.' --Luigi Cominelli, The University of Milan, Italy'Professor Shahla Ali has performed a valuable service for conflict resolution policy makers around the world. Providing diverse and mixed data reports of the uptake and resistance to court (and some private) mediation programs in ten different legal systems, she artfully surveys important legal, social and cultural differences in the uses and effectiveness of voluntary and mandatory mediation programmes. While some seek efficiency, others seek efficacy, through party-tailored solutions or regional integration dispute resolution schemes. Different programme motivations (and the varied role of lawyers) provide variation, not uniformity, in the use of mediation to resolve civil, family, labour and commercial disputes. A must-read for any dispute system designer, or court administrator or mediator.' --Carrie Menkel-Meadow, University of California, Irvine and Georgetown University Law Center, USTable of ContentsContents: Introduction: Balancing the Scales: Assessing the Efficacy of Global Court Mediation Reform PART I Aims and Objectives of Court Mediation Reform 1. Court Mediation Reform Aims in a Global Context 2. Voluntary and Mandatory Mediation Programme Design PART II Voluntary Mediation Programmes 3. Mediation in the UK Courts 4. Mediation in the Hong Kong Courts 5. Mediation in the French Courts 6. Mediation in the Dutch Courts 7. Mediation in the Malaysian Courts PART III Mandated Court Mediation Programmes 8. Mediation in the United States Federal Courts 9. Mediation in the Australian Federal Courts 10. Mediation in the Italian Courts 11. Mediation in the Chinese Courts 12. Mediation in the Indian Courts PART IV Empirical Findings on Court Mediation 13. Insights and Recommendations from a Global Mediation Survey 14. Conclusions Select Bibliography Index

Read more less

Book SynopsisFrom the leading authors in mediation and dispute resolution comes this new psychology-based work on the nuts and bolts of mediation. Using the behavioral theories of interests, rights, and power, Goldberg, Brett, and Brenneur explain what mediators do, what makes for a successful mediator, and how best to structure a mediation-essentially the role of the mediator and the disputing parties at each step of the process. Also included is an essential chapter on the relationship between mediation and the law by Nancy Rogers, one of the foremost U.S. authorities on the topic.Trade ReviewDescribing mediation as a dispute resolution process in which a neutral third party without authority to impose an outcome helps the disputing parties resolve their differences, Goldberg and all explain the process for people who might like to become mediators and for judges and arbitrators who seek to mediate rather than decide some disputes. They cover conflict, disputes, and their resolution; dispute resolution processes; the roles of the mediator and the disputing parties at each step of the mediation process; dealing with difficulties; mediation and the law; and being a mediator. -- Annotation ©2017 Ringgold Inc. * (protoview.com) *Table of ContentsIntroduction 1. Conflict, Disputes, and their Resolution 2. Dispute Resolution Processes 3. The Roles of the Mediator and the Disputing Parties at Each Step of the Mediation Process 4. Dealing with Difficulties 5. Mediation and the Law - Nancy H. Rogers 6. So You'd Like to be a Mediator?

Read more less

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.

Read more less

Book SynopsisBy comprehensively investigating the Fair and Equitable Treatment Standard (FET), this discerning book presents how this standard in investment treaty disputes can be both legally justified and realistically beneficial. It reflects on how FET jurisprudence can be advantageous to both the rule of law and to the legitimacy of the international investment regime.Fair and Equitable Treatment and the Rule of Law provides a unique argument concerning the grounding of the FET standard in general principles of law and the importance of the host state’s national rule of law and pre-existing obligations for the application of the FET standard. Through a systematic examination of the FET and the concept of the rule of law, the book argues that further interpretation and application of FET should proceed as a sequential review, focusing firstly on the broadly understood domestic legal framework. Chapters present a convincing argument for this technique, concluding that applying such a method would not only be practical but would also allow for positive economic development.This book will be of great interest to scholars focusing on the fields of international investment law and arbitration, general principles of law, and the general rule of law and its contents. Students will also find this a valuable reference for studying both FET jurisprudence and the narratives that surround it.Trade Review‘Among the many books on fair and equitable treatment (FET), this one stands out. It treads new grounds in arguing that the rule of law elements FET consists of should not be viewed as imposing an abstract and detached international law standard, but that compliance of the host State with domestic law and other international legal commitments should be put center stage, with equitable considerations playing a residual and corrective role. The book’s novel approach to FET presents a forceful argument for a further integration of international investment law, domestic law, and other specialized international legal regimes.’ -- Stephan Schill, University of Amsterdam, the Netherlands‘An imaginative new look at the application of the FET standard in a specifically rule of law context, which will be of interest to arbitrators and counsel alike.’ -- Sir Franklin Berman KC, Essex Court Chambers, London, UK‘Lord Steyn once famously observed that “in law context is everything.” This is true at the domestic level, but perhaps even more so at the international level. Professor Živkovic’s work places the fair and equitable treatment standard in historical and factual context, and by doing so makes a significant contribution to the global scholarship on the issue.’ -- Charles T. Kotuby, University of Pittsburgh School of Law, US and Durham Law School, UKTable of ContentsContents: Preface 1. Introduction 2. Fair and equitable treatment – history, indeterminacy, and the rule of law debate 3. Fair and equitable treatment as a union of rule of law and equity 4. Applying the FET standard – sequential review as a path forward 5. Conclusion to fair and equitable treatment and the rule of law Bibliography Index

Read more less

Book SynopsisIs Private International Law (PIL) still fit to serve its function in today's global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field. Separated into nine parts, each containing two perspectives on a different issue or challenge, this unique book considers issues such as the certainty vs flexibility of laws, the notion of universal values, the scope of party autonomy, the emerging challenges of extraterritoriality and global governance issues in the context of PIL. Further topics include current developments in forum access, the recognition and enforcement of judgments, foreign law in domestic courts and PIL in international arbitration. This comprehensive work will be of great value to scholars and students working across all areas of PIL. It will also be an important touchstone for practitioners seeking to think creatively about their cases involving conflict of laws and PIL. Contributors include: V.R. Abou-Nigm, G.A. Bermann, A. Bonomi, R.A. Brand, D.P. Fernández Arroyo, F. Ferrari, H.A. Grigera Naón, B. Hess, M. Lehmann, M. Mantovani, R. Michaels, Y. Nishitani, F. Ragno, M. Reimann, K. Roosevelt III, L.J. Silberman, S.C. Symeonides, L.E. Teitz, H. van LoonTrade Review'Globalization has tremendously enhanced the number of cross-border transactions and, thereby, the significance of the conflict of laws. But is the localization method conceived in the 19th century for both jurisdiction and the applicable law still appropriate in the 21st? Can it serve purposes of global governance, give effect to universal values, allow for the implementation of national policies, provide legal certainty? The editors and authors, outstanding scholars in this area, provide thoughtful and interesting answers to these pressing questions.' --Jürgen Basedow, Member of the Institut de Droit InternationalTable of ContentsContents: Introduction 1 Franco Ferrari and Diego P. Fernández Arroyo PART I CERTAINTY VERSUS FLEXIBILITY 1. Certainty versus flexibility in the conflict of laws 6 Kermit Roosevelt III 2. Certainty versus flexibility in the EU choice of law system 27 Francesca Ragno PART II PARTY AUTONOMY 3. Foundation, limits and scope of party autonomy 71 Giuditta Cordero-Moss 4. The scope and limits of party autonomy in international contracts: a comparative analysis 101 Symeon C. Symeonides PART III UNIVERSAL VALUES 5. Private international law and the question of universal values 148 Ralf Michaels 6. Are there universal values in choice of law rules? Should there be any? 178 Mathias Reimann PART IV PRIVATE INTERNATIONAL LAW AND GLOBAL GOVERNANCE ISSUES 7. Unlocking private international law’s potential in global (migration) governance 196 Verónica Ruiz Abou-Nigm 8. The present and prospective contribution of global private international law unification to global legal ordering 214 Hans van Loon PART V THE NEW CHALLENGES OF EXTRATERRITORIALITY 9. Extraterritoriality in the public and private enforcement of U.S. regulatory law 236 Hannah L. Buxbaum 10. New challenges of extraterritoriality: superposing laws 258 Matthias Lehmann PART VI CURRENT DEVELOPMENTS IN FORUM ACCESS: JURISDICTION AND FORUM NON CONVENIENS 11. European perspectives on human rights litigation 293 Martina Mantovani and Burkhard Hess 12. Judicial jurisdiction and forum access: the search for predictable rules 332 Linda J. Silberman PART VII RECOGNITION AND ENFORCEMENT OF JUDGMENTS 13. New challenges in the recognition and enforcement of judgments 360 Ronald A. Brand 14. New challenges in the context of recognition and enforcement of judgments 390 Andrea Bonomi PART VIII FOREIGN LAW IN DOMESTIC COURTS 15. Foreign law in domestic courts: challenges and future developments 412 Yuko Nishitani 16. The challenge of accommodating foreign law in domestic courts 434 Louise Ellen Teitz PART IX PRIVATE INTERNATIONAL LAW IN INTERNATIONAL ARBITRATION 17. Private international law in international arbitration 464 George A. Bermann 18. Private international law and arbitration: arbitral determination of the law or rules of law governing the merits 484 Horacio A. Grigera Naón Index 497

Read more less

Book SynopsisThis illuminating book contributes to knowledge on the impact of Brexit on international commercial arbitration in the EU. Entering the fray at a critical watershed in the EU’s history, Chukwudi Ojiegbe turns to the interaction of court litigation and international commercial arbitration, offering crucial insights into the future of EU law in these fields.Ojiegbe reviews a plethora of key aspects of the law that will encounter the aftermath Brexit, focusing on the implications of the mutual trust principle and the consequences for the EU exclusive competence in aspects of international commercial arbitration. He explores the principles of anti-suit injunction and other mechanisms that may be deployed by national courts and arbitral tribunals to prevent parallel court and arbitration proceedings. Advancing academic debate on the EU arbitration/litigation interface, this book suggests innovative solutions to alleviate this longstanding and seemingly intractable issue. Arriving at a time of legal uncertainty, this book offers crucial guidance for policymakers and lawyers dealing with the interaction of court litigation and international commercial arbitration in the EU, as well as academics and researchers studying contemporary EU and commercial law.Trade Review’The clear protagonist of this very elegantly written book is the EU sage behind Arts. 1 (2) (d); 73 (2) and Recital 12 Brussels Ibis Regulation. To introduce EU exclusive external competence into the saga is a novelty and an interesting idea that can claim originality. Plus, anti-suit orders issued by arbitration tribunals and anti-arbitration orders get the most intense treatment yet to be found in a monograph.’- Peter Mankowski, Universitat Hamburg, GermanyTable of ContentsContents: Introduction 2. Brexit and the principle of mutual trust in the EU 3. The scope of the arbitration exclusion under the Brussels I Regime 4. Parallel court/arbitration proceedings 5. Recasting the Brussels I Regulation 6. External competence of the EU 7. Regulation (EU) No 1215/2012 (Brussels I Recast) 8. General conclusion Bibliography Index

Read more less

Book SynopsisThis Commentary offers an article-by-article examination of the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention), as well as insights into the negotiation process through which the Convention was developed. It provides deep theoretical and practical analysis of the Convention and its consequences for the promotion of mediation as a mechanism to solve commercial conflicts with a cross-border character.Key Features: A comparative approach with perspectives from five continents and a variety of legal traditions Critical discussion of every stage from the negotiation to the conclusion of the Convention Sound proposals for the Convention’s implementation and application by States and regional organisations Contributions from a diverse group of practitioners and academics, including some who were part of the negotiation of the Singapore Convention The Commentary will be a crucial resource for practitioners, arbitrators and mediators involved in cross-border commercial disputes, as well as judges in this area. It will also be of interest to scholars working in international commercial law, arbitration and mediation. Trade Review‘This Commentary provides deep theoretical and practical analysis of the Convention and its consequences for the promotion of mediation as a mechanism to solve commercial conflicts with a cross-border character. In particular, this work includes a comparative approach with perspectives from five continents and a variety of legal traditions, a critical discussion of every stage from the negotiation to the conclusion of the Convention, with proposals for the Convention’s implementation and application by States and regional organisations. A particular feature of the work is that it provides contributions of a diverse group of leading practitioners and academics from diverse legal backgrounds and jurisdictions, including some who participated in the negotiation of the Singapore Convention itself.’ -- Marta Requejo Isidro, The European Association of Private International LawTable of ContentsContents: Foreword xvii Chronicles of the Singapore Convention – an insider view 1 Itai Apter and Roni Ben David The Preamble to the Singapore Convention on mediation: identifying the object and purpose of the Treaty through text, context and intent 41 S.I. Strong 1 Scope of Application 63 Pablo Cortés 2 Definitions 86 Nuria González Martín 3 General principles 107 Guillermo Palao 4 Requirements for reliance on settlement agreements 130 Mark T. Kawakami 5 Grounds for refusing to grant relief 156 Dai Yokomizo and Peter Mankowski 6 Parallel applications or claims 180 Valesca Raizer Borges Moschen 7 Other laws or treaties 199 Gyooho Lee 8 Reservations 212 Ximena Bustamante and Gabriela Balseca 9 Effect on settlement agreements 230 Achille Ngwanza 10 Depositary 233 Afonso Patrão and Dulce Lopes 11 Signature, ratification, acceptance, approval, accession 238 Ilaria Queirolo and Stefano Dominelli 12 Participation by Regional Economic Integration Organizations 257 Théophile Margellos and Sven Stürmann 13 Non-unified legal systems 280 Dulce Lopes and Afonso Patrão 14 Entry into force 291 Javier Díez-Hochleitner 15 Amendment 299 Javier Díez-Hochleitner 16 Denunciations 304 Javier Díez-Hochleitner Index

Read more less

Book SynopsisEuropean Rules of Civil Procedure sets out a clear examination of the Rules adopted by UNDROIT and the European Law Institute in 2020. Presented within a systematic structure to aid enhanced academic understanding, it precisely showcases the comparative knowledge of its authors.Key Features: Provides rule-by-rule explanations of the ELI-UNDROIT Model European Rules of Civil Procedure Encompasses insight from a diverse international team of authors including members of the ELI/UNIDROIT project Offers commentary on all rules of the ERCP, surveying their meaning and application as well as their collective history This in-depth Commentary will be essential for academics of European, private, corporate and commercial law disciplines wishing to sharpen their knowledge of comparative civil procedure. It will additionally benefit policy makers and practitioners with an interest in using the model rules to provide a framework for national legislation.Trade Review‘The European Rules of Civil Procedure are the outstanding product of years of work by the continent's most prominent proceduralists. Ideally these Rules will be adopted all across Europe. This book – written by many of the leading lights of the project – should be invaluable as this process of procedural integration moves forward. The new Rules provide a watershed, and this book provides an essential guide to this new regime.’ -- Richard Marcus, UC Law San Francisco, USTable of ContentsContents: Foreword xxxix Table of cases xli Table of legislation xlvii PART I GENERAL PROVISIONS 1 (Rule 1) Introduction 2 Fernando Gascón Inchausti, Vincent Smith and Astrid Stadler 2 (Rules 2–8) General Principles: Co-operation and proportionality 11 Loïc Cadiet and Soraya Amrani-Mekki 3 (Rules 21–28) General Principles: Party disposition and principle of party presentation 35 Loïc Cadiet and Soraya Amrani-Mekki 4 (Rules 11–18) General Principles: Rights of parties 61 Alexander Bruns 5 (Rules 19–20, 82, 113, 116) General Principles: Languages, interpretation and translation 79 Matthias Weller 6 (Rules 9–10, 141) Facilitating ADR and settlements: an extension of the co-operation principle 94 Laura Ervo PART II PARTIES 7 (Rules 29–46) Parties to the proceedings 109 Christoph Althammer PART III CASE MANAGEMENT 8 (Rules 47–50) Case management 156 Stefan Huber PART IV COMMENCEMENT OF PROCEEDINGS 9 (Rules 51–60) Procedural steps and contents of initial documents 180 Elena D’Alessandro 10 (Rules 142–146) Effects of proceedings once commenced – lis pendens 200 Eva Lein PART V SERVICE AND NOTICE OF PROCEEDINGS (ERCP PART VI) 11 (Rules 68–86, 134) Service and notice of proceedings 219 Dimitrios Tsikrikas and Wendy Kennett PART VI ACCESS TO INFORMATION AND EVIDENCE (ERCP PART VII) 12 (Rules 87–110, 128–129) General and procedural issues 252 Astrid Stadler and Magne Strandberg 13 (Rules 111–124, 126–127) Types of evidence 307 Michael Stürner PART VII PROCEEDINGS PREPARATORY TO A FINAL HEARING (ERCP PART V) 14 (Rules 61–67) Proceedings before a final hearing and final hearing 338 Enrique Vallines García PART VIII JUDGMENTS, RES JUDICATA AND LIS PENDENS 15 (Rules 130–133, 135–140) General rules on judgments 380 Christoph A Kern 16 (Rules 147–152) Effect of judgments – res judicata 419 Alexander Bruns PART IX MEANS OF REVIEW 17 (Rules 153–183) Means of review and appeal 433 John Sorabji PART X PROVISIONAL AND PROTECTIVE MEASURES 18 (Rules 184–203) Provisional and protective measures 492 Torbjörn Andersson PART XI COLLECTIVE PROCEEDINGS 19 (Rules 204–220, 227–228, 233–236) Collective proceedings 545 Jorg Sladič 20 (Rules 221–226, 229–232) Collective settlements 604 Fernando Gascón Inchausti PART XII COSTS AND FUNDING 21 (Rules 237–245, 125) Costs and funding 632 Vincent Smith Index 671

Read more less

Book Synopsis

Read more less

Book SynopsisAfter decades of focus on harmonization, which for too many represents no more than Western legal dominance and a largely homogeneous arbitration practitioner community, this ground-breaking book explores the increasing attention being paid to the need for greater diversity in the international arbitration ecosystem. It examines diversity in all its forms, investigating how best to develop an international arbitral order that is not just tolerant of diversity, but that sustains and promotes diversity in concert with harmonized practices.Offering a wide range of viewpoints from a diverse and inclusive group of authors, Diversity in International Arbitration is a comprehensive and insightful resource on a controversial, fast-moving subject. Chapters present arguments from practitioner, academic, institutional and governmental perspectives that identify the underlying issues and address the various ways in which the goal of diversity, whether demographic, legal, cultural, professional, linguistic, or philosophical, can be reached.This book’s analysis of the contemporary state of diversity in international arbitration will be a crucial read for researchers in the field. Practitioners and policy makers will also find its discussion of best practices and innovative initiatives for enhancing diversity to be invaluable.Trade Review‘Ali, Balcerzak, Colombo, and Karton have edited a unique tour-de-force of diversity issues ranging from personal identity to legal culture to environmental impact. The editors have compiled an impressive anthology of approaches to fostering diversity from a “who's who” of authors making an impact on the ground already in this space. This is a must-read book for any law firm lawyers, corporate counsel, organizational leaders, arbitration institution administrators, and concerned arbitrators looking for ways to increase the environmental, social, and governance (ESG) savviness of their organizations and independent practices.’ -- Victoria Sahani, Boston University, US‘Two generations ago, the international arbitration community comprised an arcane brotherhood – a mafia of the pale, male and stale. “[O]ur own cultures are largely invisible to us; they are simply our “common sense” understandings of the world.” The fascinating chapters in this book lift the veil on unconscious biases, demonstrating how inclusion is crucial to maintaining the legitimacy of arbitration today. I love it!’ -- Louise Barrington, Arbitrator, co-founder of ArbitralWomen and of Hong Kong’s Vis East MootTable of ContentsContents: PART I THEORETICAL INTRODUCTION 1 Introduction: reaching sustainable diversity in international arbitration 2 Giorgio Fabio Colombo, Shahla F. Ali, Filip Balcerzak, Joshua Karton 2 Diversity in four dimensions 6 Joshua Karton 3 Fluidity of culture: convergence and informed divergence in cross-border arbitration 21 Shahla F. Ali PART II DIVERSITY IN THE ARBITRAL COMMUNITY 4 Diversity in investment arbitration: balancing individual and community legitimacy 33 Fernando Dias Simões 5 Gender, race, or both? The need for greater consideration of intersectionality in international arbitration 48 Kabir A.N. Duggal and Rekha Rangachari 6 Diversifying the dominant demographics in international arbitration – the how, the why and the (maybe) solution 66 D’Andra A. Johnson and Theominique D. Nottage 7 Sustainable diversity in international arbitration: the case of ad hoc, maritime, and commodities trade arbitration 83 Eva Litina 8 Developing diversity within diversity discourse: remembering non-lawyers in arbitration 101 Luke Nottage, Nobumichi Teramura and James Tanna 9 CETA – where are the women? Diffusing the thought-terminating clichés that impeded diversity 119 Katherine Simpson and Anthony Marcum 10 Boosting diversity in international arbitration: lessons from and for China? 135 Monika Prusinowska 11 Judicial capacity-building and sustainable diversity under the Model Law 150 Anselmo Reyes PART III DIVERSITY IN CULTURES AND STYLES OF ARBITRATION 12 Arbitration and the diversity of constitutional cultures 168 Victor Ferreres Comella 13 Diversity of med-arb in international arbitration 182 Weixia Gu 14 I say discovery, you say disclosure. Evidence in international arbitration 198 Alyssa S. King 15 Linguistic diversity in international investment arbitration 213 Ksenia Polonskaya 16 Challenging the arbitrariness perception of ex aequo et bono to (re-)discover procedural diversity 229 Nobumichi Teramura PART IV “SUSTAINABLE” ARBITRATION – ENVIRONMENTAL ISSUES 17 The role of international arbitration in resolving climate change related disputes: selected prospects and issues 243 Konrad J. Czech and Bartosz Soloch 18 Transparency in international arbitration as a catalyst to combat climate change: is it time to embrace democratised access to data in climate change related disputes? 258 Caroline Deves and Piotr Wilinski 19 Arbitration and climate change: sustainable and diverse policy and practice 276 Lucy Greenwood Index 289

Read more less

Book SynopsisThis thoroughly revised and expanded second edition of IT Contracts and Dispute Management provides an in-depth analysis of the legal issues that could potentially arise within each critical stage of a technology project. The authors draw on their extensive practical experience of advising and litigating in this evolving field, and have produced a work that is both authoritative and pragmatic.Key Features: Discussion of recent judicial decision of relational contracts, and the Supreme Court’s judgment on ‘no oral modification’ clauses and their applicability to change control procedures Updated information to account for the new High Court rules on disclosure Guidance on how to manage frequently occurring issues, such as delayed delivery Examination of important methods of project resuscitation when experiencing difficulty, as well as potential end of project issues This informative book will be a hugely valuable resource for lawyers in private practice who are advising clients striving to avoid or resolve disputes occurring from IT projects. It will also be beneficial for in-house legal counsel who advise clients at each stage of IT projects.Table of ContentsCONTENTS: Preface to the second edition Part A Outset – Birth Of A Technology Project 1. Pre-Contract Matters 2. Liability For Pre-Contractual Statements 3. Contract Negotiation And Project Methodology Part B Nurturing, Maintaining And Delivering The Project 4. The Contractual Framework 5. Housekeeping 6. Project Management 7. Delivery And Acceptance 8. Testing 9. Other Aspects Of Performance 10. Delay Part C In Sickness And In Health – The Ailing Project, Interim Dispute Resolution And Resuscitation 11. Project Rescue 12. Representations When Re-Baselining 13. Termination Rights 14. Project ‘Resuscitation’ 15. Interim Dispute Resolution 16. Enforcing A Continuing Relationship Part D Quantification Of Claims For Compensation 17. Quantification Of Claims For Compensation 18. Exemption/Limitation Clauses Part E Conducting Technology Contract Disputes 19. Forum For Resolving Disputes 20. Disclosure 21. Witnesses Index

Read more less

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.

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book SynopsisA study of the implications and practices of wills and will-making in Anglo-Saxon society, and of the varieties of inheritance strategies and commemorative arrangements adopted. A remarkable series of Anglo-Saxon wills have survived, spanning the period from the beginning of the ninth century to the years immediately following the Norman Conquest. Written in Old English, they reflect the significance of the vernacular, not only in royal administration during this period, but in the recording of a range of individual transactions. They show wealthy laymen and women, and clerics, from kings and bishops to those of thegnly status, disposing of land and chattels, and recognising ties of kinship, friendship, lordship and service through their bequests; and whilst land is of prime importance, the mention in some wills of such valuable items as tableware, furnishings, clothing, jewellery and weapons provides an insight into lifestyle at the time. Despite their importance, no study has hitherto been specifically devoted to Anglo-Saxon wills in their social and historical context, a gap which this book aims to fill. While the wills themselves can be vague and allusive, by establishing patterns of bequeathing, and by drawing on other resources, the author sheds light on the factors which influenced men and womenin making appropriate provision for their property. Linda Tollerton gained her PhD from the University of York.Trade ReviewThis book is, at all levels, a very welcome, and a very successful, attempt to give wills the attention they deserve.... An important and substantial book, it makes an estimable contribution to a field that has been neglected for too long. * ENGLISH HISTORICAL REVIEW *Groundbreaking in that it is the first book-length study of the Anglo-Saxon will [and] a welcome addition to the canon of Anglo-Saxon source studies that should be read by anyone with an interest not only in these extraordinary documents themselves, but in the culture they illuminate. * EARLY MEDIEVAL EUROPE *An elegant survey that pays particular attention to the social uses of these documents. . It is a must read for Anglo-Saxonists, but it has much to offer other medievalists, including legal historians, as well. * AMERICAN HISTORICAL REVIEW *A helpful and scholarly contribution to the study of wills in Anglo-Saxon England. Its singular strength lies in the detail which Tollerton brings to the subject, exploring in depth themes touched on fleetingly in previous literature. [It] will doubtless remain the standard work on the subject for many years to come. * HISTORY *An important and very useful book. * THE MEDIEVAL REVIEW *Table of ContentsIntroduction Anglo-Saxon written wills: the nature of the evidence The process of will-making Politics, power and the bequest of land Lay bequest of land: pious gifts and family strategy The bequest of movable wealth Wills, commemoration and lay piety Conclusion: Why make a written will in Anglo-Saxon England? Appendix 1: The corpus of Anglo-Saxon wills Appendix 2: The evidence for wills and will-making in the Liber Eliensis and Chronicon Rameseiensis Appendix 3: The bequest of movable wealth Appendix 4: Local churches mentioned in wills Appendix 5: Note on unpublished material by Patrick Wormald Bibliography

Read more less

Book SynopsisTable of Contents* Introduction and Background Information * Arbitration Act 2010 (fully annotated); * Text of UNCITRAL Model Law on International Commercial Arbitration (fully annotated); * Text of 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards * Text of 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States

Read more less

Book SynopsisThe introduction of the Arbitration Act 2010 radically changed arbitration law and practice in Ireland. Now in its 2nd ed, this book provides a detailed and concise section-by-section commentary on the Arbitration Act 2010 and the UNCITRAL Model Law to include a discussion on all recent Irish arbitration case-law.

Read more less

Book SynopsisResolving Business Disputes will give company directors, business executives and other commercial decision-makers a unique and essential insight into how to resolve business disputes and to reach the best outcomes by making effective decisions. The book is also aimed at dispute resolution lawyers, litigation funders and insurers.It is a guide, explaining the unique choices created by commercial conflict, basic workings of the law about disputes, the main avenues of dispute resolution, the forecasting of litigation outcomes for cases going to court, the funding of legal cases, the management of the risk involved, the creation of a dispute strategy, how to make the best use of legal advice and how to negotiate effectively. Finally, by using objective criteria the guide explains how to decide whether to end a dispute by negotiated settlement or by taking a case all the way to a court judgment or other conclusion.In view of the profound implications of Covid-19 for trade and commerce, the book also contains an introduction to key issues raised by the pandemic for the resolution of contract disputes.Table of Contents PREFACE INTRODUCTION 1. BUSINESS DISPUTES – THE PROBLEM EXPLAINED 2. THE LAW: RIGHTS AND REMEDIES 2.1. RIGHTS 2.2. REMEDIES 3. BINDING DECISIONS 3.1. INTRODUCTION 3.2. LITIGATION: COURT PROCEEDINGS 3.3. NON-PAYMENT; IS THERE A DISPUTE AT ALL? 3.4. OTHER TYPES OF BINDING DECISION 3.5. LITIGATION, ARBITRATION AND EXPERT DETERMINATION COMPARED 4. WHO WILL WIN? 4.1. INTRODUCTION 4.2. FINDING THE FACTS 4.3. FORECASTING: ADVICE ON THE LITIGATION OUTCOME 4.4. THE TRIAL: JUDICIAL DECISION-MAKING AND THE TRIAL OUTCOME 4.5. CONCLUSION 5. LAWYERS, THEIR FEES AND LEGAL COSTS 5.1. INTRODUCTION 5.2. FUNDING YOUR OWN COSTS 5.3. COSTS-SHIFTING ORDERS 5.4. 'INSURING' LEGAL COSTS EXPOSURE THROUGH COURT PROCESSES 5.5. COMPARISON WITH ARBITRATION AND EXPERT DETERMINATION 6. SETTLEMENT 6.1. INTRODUCTION 6.2. WHAT DISPUTES AND CLAIMS ARE BEING SETTLED? 6.3. FURTHER LEGAL REQUIREMENTS 6.4. SETTLEMENT AND BROADER COMMERCIAL TERMS 6.5. PAYMENT TERMS 6.6. CONFIDENTIALITY AND AGREED STATEMENTS 6.7. DISPUTE RESOLUTION PROCEDURES 6.8. INTERNATIONAL ELEMENTS 6.9. SETTLEMENT DURING LEGAL ACTION 6.10. RIGHTS UNDER THE SETTLEMENT AGREEMENT 6.11. SETTLEMENT AND UNCERTAINTY 6.12. ROUTES TO SETTLEMENT 7. NEGOTIATIONS 7.1. INTRODUCTION 7.2. THE CONTEXT 7.3. MEDIATION: ADVANTAGES. 7.4. CONDUCT OF THE MEDIATION 7.5. CONCLUSION 8. OBJECTIVES AND STRATEGY 8.1. OBJECTIVES 8.2. DISPUTE STRATEGY 8.3. THE ROLE OF LAWYERS 8.4. COVID 19 – CONSIDERATIONS 9. MAKING THE DECISION 9.1. UNCERTAINTIES 9.2. IDENTIFYING AND BALANCING THE CONSIDERATIONS 9.3. DECISION FRAMES, BIASES AND OTHER BEHAVIOURS 9.4. MAKING THE DECISION 9.5. CONCLUSION APPENDIX 1 – LITIGATION 1. INTRODUCTION AND PRE-LITIGATION PROCEDURES 2. THE START OF LITIGATION AND UP TO TRIAL 3. TRIAL 4. APPEALS, ENFORCEMENT AND ASSESSMENT OF COSTS 5. OTHER COURTS AND TRIAL SCHEMES 6. THE WITHOUT PREJUDICE RULE AND OTHER FORMS OF PRIVILEGE. APPENDIX 2 – COMPARISONS: LITIGATION, ARBITRATION AND EXPERT DETERMINATION 1. LITIGATION 2. LITIGATION AND ARBITRATION COMPARED TO EXPERT DETERMINATION READING LIST INDEX

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book SynopsisIt''s All Your Fault! explains, in easy-to-understand terminology, behaviors of people who have personality disorders, particularly blaming, irrational, and impulsive behaviors. This is a growing problem—possibly effecting over 25 percent of the US population—and a predictable one that can be managed and keep everyday problems from becoming high conflict disputes.

Read more less

Book Synopsis

Read more less

Book SynopsisMost of us fear and dread conflict, at home or at work. But conflict can be your ally, not your enemy. Conflict doesn’t have to tear your family or organization apart.Using the story of a family business leader embroiled in generational conflict, Red Zone, Blue Zone shows how to navigate conflict in a way that is healthy and leads to enhanced relationships, self-awareness, and greater leadership success. Practical response activities and personal reflection questions help the reader understand the sources of conflict, have a working command of conflict navigation principles, and be equipped to help others navigate conflict in their own lives.In Red Zone, Blue Zone readers will learn skills such as: ·Questioning ·Listening ·Pacing ·ReframingTrade Review“A powerful message for today's leaders—that workplace conflict is not a threat, but an opportunity to connect, learn, and understand how we can better serve those we lead." —Tanveer Naseer, MSc., award-winning leadership writer, Inc. 100 leadership speaker, and author of Leadership Vertigo

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book SynopsisThis open access book examines the multiple intersections between national and international courts in the field of investment protection, and suggests possible modes for regulating future jurisdictional interactions between domestic courts and international tribunals. The current system of foreign investment protection consists of more than 3,000 international investment agreements (IIAs), most of which provide for investment arbitration as the forum for the resolution of disputes between foreign investors and host States. However, national courts also have jurisdiction over certain matters involving cross-border investments. International investment tribunals and national courts thus interact in a number of ways, which range from harmonious co-existence to reinforcing complementation, reciprocal supervision and, occasionally, competition and discord. The book maps this complex relationship between dispute settlement bodies in the current investment treaty context and assesses the potential role of domestic courts in future treaty frameworks that could emerge from the States’ current efforts to reform the system.The book concludes that, in certain areas of interaction between domestic courts and international investment tribunals, the “division of labor” between the two bodies is not always optimal, producing inefficiencies that burden the system as a whole. In these areas, there is a need for improvement by introducing a more fruitful allocation of tasks between domestic and international courts and tribunals – whatever form(s) the international mechanism for the settlement of investment disputes may take.Given its scope, the book contributes not only to legal analysis, but also to the policy reflections that are needed for ongoing efforts to reform investor-State dispute settlement.Table of ContentsScope and objective of this report.- Why investment arbitration and not domestic courts? The origins of the modern investment dispute resolution system, criticism, and future outlook.- The interplay between investor-state arbitration and domestic courts in the existing IIA framework.- The path to reform of ISDS: What role for national courts?.- Conclusions and recommendations.

Read more less

Book SynopsisThis open access book introduces adaptive mediation as an alternative approach that enables mediators to go beyond liberal peace mediation, or other determined-design models of mediation, in the context of contemporary conflict resolution and peace-making initiatives. Adaptive mediation is grounded in complexity theory, and is specifically designed to cope with highly dynamic conflict situations characterized by uncertainty and a lack of predictability. It is also a facilitated mediation process whereby the content of agreements emerges from the parties to the conflict themselves, informed by the context within which the conflict is situated. This book presents the core principles and practices of adaptive mediation in conjunction with empirical evidence from four diverse case studies – Colombia, Mozambique, The Philippines, and Syria – with a view to generate recommendations for how mediators can apply adaptive mediation approaches to resolve and transform contemporary and future armed conflicts.Trade Review“A long-awaited work in peace and conflict studies. … This book provides an excellent understanding of the concept of adaptive mediation that can be used to create sustainable peace. This book will be of interest to scholars and researchers in the field of peace and conflict studies as well as mediation practitioners who work for the United Nations, national governments, or non-governmental organizations.” (Sa'odah Sa'odah, Bunyamin Maftuh, Sapriya Sapriya, International Peacekeeping, June 19, 2023)Table of Contents1. Adaptive Mediation and Conflict Resolution in Contemporary and Future Armed Conflicts.2. Adaptive Mediation.3. Adaptive Mediation in Colombia: Toward Institutional Capacity Building Amidst Complexity and Uncertainty.4. Peacemaking from Within: Adaptive Mediation of Direct Dialogue in Mozambique’s New Peace Process (2013-2019).5. Adapting from Outsider to Insider Mediation in the Bangsamoro Peace Process, Southern Philippines. 6. Exploring Mediation Efforts Amidst Systemic and Domestic Constraints: The Case of the Syrian Conflict. 7. Adapting to Uncertainty: What Have We Learned from Mediation and Conflict Resolution in Colombia, Mozambique, the Philippines, and Syria.

Read more less

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.

Read more less

Book SynopsisContemporary Trends in Conflict and Communication: Technology and Social Media examines the myriad ways conflict communication occurs in mediated spaces, whether through social media platforms such as Twitter, Facebook, and Instagram, on private social enterprise spaces, or through formal online dispute resolution (ODR) technologies. We were experiencing the increase of conflict communication in hybrid spaces prior to the COVID-19 pandemic, yet the global lockdown that shifted everyone to remote teaching, learning, and working heightened our attention to the impact of technology and social media on conflict dynamics. While social media is often implicated in the spread of alternative facts, false news, and intimidation, technology and new media also have the capacity to enhance and transform conflict communication in education, workplace, and socio-political settings. The contributors to this volume showcase cutting-edge research that helps us make sense of the times we are living in and is organized in three sections: (1) Using technology to promote dialogue and collaboration, (2) Conflict communication on social media, (3) Online conflict management in education, training, and practice. This collection is relevant to scholars of conflict studies as it highlights key trends and areas for future research to improve conflict communication, dialogue, and collaboration and proposes ideas for using technology and social media to transform and connect rather than polarize and divide.

Read more less

Book Synopsis

Read more less

Book SynopsisDie Privatautonomie als Rechtsmacht zur Selbstgestaltung gehört zu den Grundlagen unserer Privatrechtsordnung. In welchem Umfang kann die nähere Ausgestaltung einer rechtlichen Regelung, etwa in einem Schiedsgutachten, der bindenden - gestaltenden oder feststellenden - Entscheidung eines Dritten überlassen werden? Welches Verfahren hat dieser zu beachten? Wie und von wem wird die Entscheidung überprüft? Das Gesetz regelt diese Fragen an der Schnittstelle von materiellem Recht und Verfahrensrecht nur fragmentarisch und für Schuld- und Erbrecht unterschiedlich. Jens Kleinschmidt entwickelt auf rechtsvergleichender Grundlage gemeinsame Grundsätze der Delegation von Privatautonomie. Er führt die Entscheidung des Dritten, ihr Verfahren und ihre Kontrolle konsequent auf die Selbstbestimmung des Delegierenden zurück, grenzt die Aufgabenbereiche von privaten Parteien, Schiedsgerichten und staatlichen Gerichten ab und bestimmt, wann eine Regelung höchstpersönlich zu treffen ist.

Read more less

Book SynopsisDie private Schiedsgerichtsbarkeit kommt in einigen prozessualen Bereichen nicht ohne Mitwirkung der staatlichen Gerichte aus. Das Hauptthema des Buches bildet die vergleichende Betrachtung des neuen türkischen Rechts der internen und internationalen privaten Schiedsgerichtsbarkeit im Hinblick auf die Rolle der staatlichen Gerichte im schiedsrichterlichen Verfahren bis zum Erlass des Schiedsspruchs. Onur Ergönen behandelt die Einzelprobleme des türkischen Schiedsrechts aus der Sicht des türkischen Richters unter Bezugnahme auf die Rechtsgrundlagen. Er analysiert das neue türkische Schiedsrecht in systematischer Sicht und versucht somit zur Gerichtspraxis zum neuen Recht nach der Reform des Zivilprozessrechts im Jahr 2011 beizutragen. Bei der Lösung der Einzelprobleme des neuen türkischen Schiedsrechts werden die schweizerische und deutsche Literatur und Rechtsprechung herangezogen.

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book SynopsisArbitration is an essential component in business. In an age when transparency is a maxim, important issues which the laws governing arbitration currently fail to address are the extent to which disclosure of information can be constrained by private agreement along with the extent to which the duty to preserve confidentiality can be stretched. Absent a coherent legal framework and extensive qualitative and quantitative data, it is equally difficult to suggest and predict future directions. This book offers a tool for attaining centralised access to otherwise fragmentary and dispersed material, as well as a comprehensive analysis and detailed exposition of the position in relation to confidentiality in arbitration in the jurisdictions of England, USA, France and Germany. Table of ContentsThe History, Importance and Modern Use of Arbitration.- Problems and Questions Encountered in Relation to Confidentiality in Arbitration.- The Present Status of Confidentiality in International Commercial Arbitration in the Various Jurisdictions.- Critical Analysis, Overall Assessment and Discussion.- Transnational Law and Arbitration.- Towards a Uniform Arbitration Law?.- Conclusions.

Read more less

Book Synopsis Das Praxishandbuch Professionelle Mediation ist nicht nur eine umfassende Hilfestellung für die Mediationspraxis, sondern zugleich auch ein strukturiertes Handbuch zum vertieften Einarbeiten in eine Vielzahl einzelner Aspekte. Umfasst sind alle wichtigen Bereiche der Mediation. Diese werden in rund 70 Beiträgen durch ein interdisziplinäres und hochkarätig besetztes Team von Autorinnen und Autoren abgedeckt. Dabei steht die Mediationspraxis ganz im Fokus: Erfahrungen, Tipps und Beispiele sichern die Umsetzung in die eigene Praxis. Das Buch behandelt Methoden, Prinzipien, Techniken und Arbeitsgebiete, hilft bei der Durchführung einer Mediation, unterstützt bei der Positionierung und Akquise, vermittelt das nötige Basiswissen (auch zu neueren Anwendungsformen der Mediation, wie z.B. die Online Mediation oder Cross-Over Mediation), enthält zusätzlich Checklisten und sonstige hilfreiche Hinweise. Zudem erhalten Praktiker ausführliche Informationen zu wichtigen Fragen wie der Honorierung oder ethisch richtigem Verhalten. Informationen zu den Ausbildungsanforderungen in den unterschiedlichen Bereichen runden das Buch ab, ebenso wie die Darstellung der unterschiedlichen rechtlichen Rahmenbedingung in den verschiedenen Grundberufen. Zielgruppen: Mediatoren, die bereits in der Praxis tätig sind bzw. Anwälte, Sozialpädagogen, Psychologen, Therapeuten, Ärzte, Sozialarbeiter, Richter, Juristen in Wirtschaft und Verwaltung oder andere Mediationsinteressierte, die sich Mediation als Arbeitsfeld erschließen wollen.Table of Contents

Read more less

Book SynopsisDas vierbändige „Handbuch zur Geschichte der Konfliktlösung in Europa“ beschäftigt sich mit rechtlichen und außerrechtlichen Wegen der Entscheidung von Konflikten zwischen einzelnen Menschen sowie zwischen Personen und ihren Obrigkeiten. Das von Expertinnen und Experten aus vielen europäischen Ländern geschriebene Handbuch soll als zentrales Referenzmedium für die historische Dimension aller Aspekte der Streitentscheidung dienen. Der Aufbau des Werks orientiert sich an den vier Epochen Antike, Mittelalter, Frühe Neuzeit und 19./20. Jahrhundert. Nach einer Einführung in die jeweilige Epoche werden die für den Zeitabschnitt kennzeichnenden Akteure, Verfahren und Institutionen vorgestellt sowie Kernfragen und Zentralprobleme der Streitentscheidung in zeittypischen Konfliktfeldern behandelt. Die europäische Perspektive des Handbuchs schlägt sich in Überblicken zu einzelnen Ländern, Regionen und Rechtskulturen nieder. Ausführliche Hinweise auf die weiterführende Literatur runden die Darstellung ab. Band 4 umfasst Beiträge zum 19. und 20. Jahrhundert.Table of Contents1 Einführung: Europäische Entwicklungslinien gerichtlicher und außergerichtlicher Konfliktlösung im 19. und 20. Jahrhundert (Peter Collin).- Grundlagen und Grundprobleme: 2 Access to Justice (Pia Letto-Vanamo).- 3 Medien der Konfliktlösung (Heinz Mohnhaupt).- 4 Rechtssicherheit (Heinz Mohnhaupt).- 5 Gerichtsorte (Pierre Friedrich).- 6 Justiz im Nationalsozialismus (Annemone Christians).- Akteure der Konfliktlösung: 7 Frauen vor und im Gericht (Marion Röwekamp).- 8 Berufsrichter (Peter Collin, Lena Foljanty und Zeynep Yazici Caglar).- 9 Laien als Richter (Peter Collin).- Konfliktlösung in Verfahren und Institutionen: 10 Der Zivilprozess in Kontinentaleuropa (Dirk Heirbaut).- 11 Der Zivilprozess in England (Michael Lobban).- 12 Der kontinentaleuropäische Strafprozess (Martin Heger).- 13 Der Strafprozess im angelsächsischen Raum (Thomas Krause).- 14 Internationale Schiedsgerichtsbarkeit (Stefan Kroll).- 15 Internationale Strafgerichtsbarkeit (Daniel Segesser).- 16 Justiz im EU-Raum (Alexander Thiele).- Konfliktfelder: 17 Staat-Bürger Konflikte: Die Verwaltungsgerichtsbarkeit (Thomas Olechowski).- 18 Individuelle Arbeitskonflikte (Ralf Rogowski).- 19 Kollektive Arbeitskonflikte (Sabine Rudischhauser †).- 20 Konfliktlösung auf dem Lande (Anette Schlimm).- 21 Konfliktlösung in der Wirtschaft (Franz Hederer).- 22 Konfliktlösung im Militär (Patrick O. Heinemann).- 23 Konfliktlösung in europäischen Kolonialgebieten (Harald Sippel).- 24 Formelle und informelle Regelung familiärer Konflikte (Margareth Lanzinger).- 25 Konfliktlösung in der katholischen Kirche (Matthias Pulte).- 26 Konfliktlösung in den protestantischen Kirchen (Martin Otto).- 27 Konfliktlösung in den jüdischen Gemeinden (Andreas Gotzmann).- 28 Rechtskulturkonflikte mit dem islamischen Recht (Raja Sakrani).- Länderforschungsberichte: 29 Deutschland (Werner Schubert).- 30 Schweiz (Goran Seferovic).- 31 Tschechoslowakei/Tschechien (Jaromír Tauchen).- 32 Österreich (Martin P. Schennach).- 33 Ungarn (Katalin Gönczi).- 34 Polen (Danuta Janicka).- 35 Russland/Sowjetunion (Sandra Dahlke).- 36 Osmanisches Reich/Türkei (Zülâl Muslu).- 37 Rumänien (Manuel Gutan).- 38 Jugoslawien (Zoran Mirković und Zoran Pokrovac).- 39 Griechenland (Dimitrios Tsikrikas).- 40 Italien (Bernardo Sordi).- 41 Spanien (Fernando Martínez-Pérez).- 42 Portugal (Miguel Lopes Romão).- 43 Frankreich (Antoine Pelicand).- 44 Belgien (Bruno Debaenst).- 45 Niederlande (Janwillem Oosterhuis).- 46 Großbritannien und Irland (Thomas Krause).- 47 Irland (Donal Coffey).- 48 Skandinavische Länder (Robert Kessel).

Read more less