Arbitration, mediation and alternative dispute resolution Books

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

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Book 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.

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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

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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.

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

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Book SynopsisThis 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.

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

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

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

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

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Book 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.

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

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

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

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

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Book SynopsisThis book presents reflections of prominent international peacemakers in the Middle East, including Jimmy Carter, Lakhdar Brahimi, Jan Eliasson, Alvaro de Soto, and others. It provides unique insights and lessons learned about diplomacy and international peace mediation practice based on real life experience.Trade Review"I have traveled with many of the inspiring authors in this book on the difficult roads of peace. Their stories and lives are what make peace a reality. Our peace efforts are a daily search for hope and for mending the brokenness in our world.' — Archbishop Desmond Tutu, Nobel Peace Prize Recipient (1984)"Success or failure of the international community, and the UN, in peacemaking in the Middle East will continue to have a profound impact not only on the region but also globally. It's therefore timely to welcome and read about lessons learned and compelling personal stories in contributions from many of the UN's finest diplomats. Tough questions, and no easy answers, but a fascinating read for anyone interested in how the UN can improve its work and contribute to solving the crises in the Middle East." — Ambassador Geir O. Pedersen, Permanent Representative of Norway to the United Nations; former UN Under-Secretary-General and Secretary General Special Representative and Special Coordinator for Lebanon"A critical contribution to the study and practice of international peacemaking in the Middle East and beyond by top mediators, including former US President Jimmy Carter. This book provides unique insights and lessons learned by United Nations peacemakers over the past few decades as well as successful and failed strategies to end wars. A must read for students and practitioners of diplomacy and conflict resolution." — Fawaz A. Gerges, Professor of International Relations and Chair of Contemporary Middle Eastern Studies, London School of Economics and Political Science, UKTable of ContentsIntroduction; Rami G. Khouri, Karim Makdisi, and Martin WählischPart I: Peacemaking and the United NationsIntroduction; Karim Makdisi1. Making and Keeping the Peace: Reflections on UN Experiences in the Middle East and Afghanistan; Lakhdar Brahimi2. Peacemaking Under the United Nations Flag: Reflections on a Quarter Century of Mediations; Jan Eliasson3. Lessons Learned from a Quarter Century of Peacemaking; Alvaro de Soto4. Crossroads of Crisis: Yarmouk, Syria, and the Predicament of the Palestinian Refugees; Filippo Grandi5. The UN in the Middle East and the Arab Awakening; Richard FalkPart II: The Arab-Israeli Peace ProcessIntroduction; Rami G. Khouri6. Thirty Years after Camp David: A Memo to the Arab World, Israel, and the Quartet; Jimmy Carter7. The Situation in the Middle East: A Vision for the Future; Amr Moussa8. Talking with Islamists: The Need for Mutual Dignity and Respect; Alastair Crooke9. Supervising a Temporary Truce, Working for a Permanent Peace: UNTSO's Mission in the Middle East; Robert MoodPart III: Paths in Conflict ResolutionIntroduction; Martin Wählisch10. Beyond Mediation: Promoting Change and Resolving Conflict Trough Authentic National Dialogues; Hannes Siebert11. Preventing and Resolving Deadly Conflict: What Have We Learned?; Gareth Evans12. The Public as Peacemaker: How Polling in Divided Societies Can Promote Negotiated Agreements; Colin Irwin13. Fostering Power-sharing and Governance in Pluralistic Societies: Lessons from Canada's Experience; Bob Rae

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Book SynopsisFrom the world''s leading expert on trust repair, a guide to understanding the most essential foundation of our relationships and communities.When our trust is broken, and when our own trustworthiness is called into question, many of us are left wondering what to do. We barely know how trust works. How could we possibly repair it?Dr. Peter H. Kim, the world's leading expert in the rapidly growing field of trust repair, has conducted over two decades of groundbreaking research to answer that question. In How Trust Works, he draws on this research and the work of other social scientists to reveal the surprising truths about how relationships are built, how they are broken, and how they are repaired. Dr. Kim's work shows how we are often more trusting than we think and how easily our trust in others can be distorted. He illustrates these insights with accounts of some of the most striking and well-known trust violations that have occurred in modern times a

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Book SynopsisTransform your ability to lead others with an abundance leadership mindset In Abundance Leaders: Creating Energy, Joy, and Productivity in an Unsettled World, renowned management consultant and lecturer Laura Freebairn-Smith delivers a rigorous and practical discussion of energetic, joyful, and productive leadership. In the book, you'll learn what sets leaders with an abundance mindset apart from those with a scarcity mindset, and why the former creates work environments that generate superior performance when compared to those created by the latter. The author comprehensively explains the Abundance Leadership Model and convincingly demonstrates how it leads to immediate and tangible improvements in productivity and employee wellbeing. You'll also find: A list of 26 distinct behaviors that signal a manager or executive is working in an abundance leadership mindset Strategies for leading bravely, making big, impactful promises, and alTable of ContentsForeword ix Preface xiii Section I Abundance Leadership 1 My Journey to Abundance Leadership 3 2 How Abundance Leaders Think 19 Looking for Explanations 19 Optimism 25 Three Other Fields That Inform Abundance Leadership 30 3 Four Meta-Competencies 43 Visioning for the Greater Good 48 Visibility 56 Self-Awareness 58 Managing Well 60 Section II Organizational Health and Abundance Leadership 4 Improving Your Organization’s Health 65 5 Macrolevers 69 Charrettes 69 Four-Day Workweek 73 Workspace Design 75 Managing by Circadian Rhythm 77 6 Microlevers: Small Tools for Big Change 87 The Gong 88 The Annual Donation: Collective Competition for the Greater Good 89 Public Agenda: Speak Up and Get Heard 90 Community Wall: Life Outside of Work 90 Snow Globes and Collective Memory 91 Facilitation Rotation 92 Dream List: Imagining Our Ideal World 92 Section III the How-to Manual 7 Visioning 99 Visioning 100 Creativity 107 8 Visibility 113 9 Self-Awareness 117 Reflection and Affect 121 Interpersonal Adeptness 135 Morality 140 Ego Control 141 10 Managing Well 145 Team Building 146 Communication 153 Protection 157 Decision-Making 163 Epilogue 169 Appendix A: Additional Resources 171 Appendix B: Organizational Development Bibliography 173 References 181 Acknowledgments 187 About the Author 189 Index 191

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

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Book SynopsisThis useful study guide to Alternative Dispute Resolution outlines the steps and procedure involved in settling disputes in an official fashion while preempting litigation.

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Book Synopsis

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

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Book SynopsisAnalyses the struggles for accountability and the resurgence of militarism in Brazil

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

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Book SynopsisThis book explores how concerns can be raised about the NHS, why raising concerns hasn’t always improved standards, and how a no-fault open culture approach could drive improvements. The book describes a wide range of mechanisms for raising concerns about the NHS, including complaints, the ombudsman, litigation, HSIB, and the major inquiries since 2000, across the various UK jurisdictions. The NHS approach is contextualised within the broader societal developments in dispute resolution, accountability, and regulation. The authors take a holistic view, and outline practical solutions for reforming how the NHS responds to problems. These should improve the situation for those raising concerns and for those working within the NHS, as well as providing cost savings. The no-fault approaches proposed in the book provide long-term sustainable solutions to systemic problems, which are particularly timely given the impact of the COVID-19 pandemic on the NHS. The book will be of interest to academics, researchers, ADR practitioners, practising lawyers, and policy makers.Table of Contents1. Introduction Part One: The NHS 2. Our Wonderful NHS 3. The Long Term Plan 4. The NHS Patient Safety Strategy 5. NHS Policy on Responding to Mistakes Part Two: Raising Concerns 6. Mechanisms for Dealing with Staff Concerns 7. NHS Complaints 8. UK Health Service Ombudsman 9. Clinical Claims Against the NHS 10. Public Inquiries and Reviews 11. The Health Services Safety Investigation Branch 12. Complaints to Regulators Part Three: Raising Standards 13. Raising Concerns and Raising Standards 14. Conclusion

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Book SynopsisReviews from the first edition: ‘This handbook deserves a place … near the writing desk of every lawyer practising in the field of international arbitration’ Volker Triebel, Journal of International Arbitration ‘This book should find its way to the bookshelves of internationally experienced arbitration lawyers’ Christof Siefarth, Dispute Resolution This handbook provides an overview of the global framework of international commercial arbitration, in particular the New York Convention, the UNCITRAL Model Law, and international investment treaties. In addition, it offers comprehensive insight into international arbitration laws of countries covering over 60% of the global economy: Austria, Belgium, Brazil, China, England and Wales, France, Germany, Hong Kong, India, the Netherlands, Russia, Singapore, Spain, Sweden, Switzerland, and the US. The new edition includes numerous references to recent case law, material and legislative reform as well as topical developments in areas such as arbitrators' jurisdiction, the conduct of arbitral proceedings and the judicial control of arbitral awards. This title is included in Bloomsbury Professional's International Arbitration online service.Table of ContentsSummary of Contents PART 1 INTRODUCTION A. International Commercial Arbitration: Comparative Reflections on the UNCITRAL Model Law PART 2 INTERNATIONAL CONVENTIONS AND TREATIES B. The New York Convention C. Investment Treaty Arbitration PART 3 COUNTRY REPORTS D. International Arbitration in Austria E. International Arbitration in Belgium F. International Arbitration in Brazil G. International Arbitration in China (People’s Republic) H. International Arbitration in England and Wales I. International Arbitration in France J. International Arbitration in Germany K. International Arbitration in Hong Kong L. International Arbitration in India M. International Arbitration in the Netherlands N. International Arbitration in the Russian Federation O. International Arbitration in Singapore P. International Arbitration in Spain Q. International Arbitration in Sweden R. International Arbitration in Switzerland S. International Arbitration in the U.S.

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