Arbitration, mediation and alternative dispute resolution Books

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

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Book SynopsisIn the Comprehensive Economic and Trade Agreement (CETA), the EU has sought to implement a number of policy goals, including a new tribunal mechanism for resolving investment disputes, more precision in the wording of legal standards of protection in order to achieve better consistency in decision-making, and the inclusion of requirements on conflicts of interest of arbitrators and transparency of proceedings. This book provides a comprehensive article-by-article commentary on these ground-breaking agreements and Regulations, deconstructing the legal issues and providing practical insights. With a broader legal framework also in place in the form of three EU Regulations which underpin the investment protection law framework, the work also provides commentary on (i) Regulation (EU) No 912/2014 of the European Parliament and of the Council of 23 July 2014 establishing a framework for managing financial responsibility linked to investor-to-state dispute settlement tribunals established by international agreements to which the European Union is party, (ii) Regulation (EU) 1219/2012 establishing transitional arrangements for bilateral investment agreements between EU countries and non-EU countries and (iii) Regulation (EU) 2019/452 establishing a framework for screening of foreign direct investments into the European Union.

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Book SynopsisFrom Conflict Resolution to Peacebuilding will introduce the varied ways people address and resolve conflicts at all levels from the interpersonal to the international. It will breakdown how conflict affects our lives while showing readers how they can deal with conflict constructively as citizens and, in some cases, in their careers. Building up from foundational principles, this book will apply them to political conflicts throughout the world. Features Include: ·“Micro” and “macro” approaches to this multi-disciplinary field. ·Written in an engaging style by an author who spans academic and “on-the-ground” experience in peacebuilding. ·Provides a rich case base to illustrate core academic concepts. ·Enhanced e-book with video interviews embedded.Table of ContentsDedication Preface 1 - For the Student Preface 2 - For the Instructor Acknowledgments Part 1 Introduction Chapter 1 - Conflict is a Fact of Life. Peacebuilding is Not. Chapter 2 - Forks in the Road Chapter 3 - Seeing Conflict With New Eyes Part 2 Peacebuilding 1.0 Chapter 4 -Beyond Gloom and Doom 101 Chapter 5- Far From the Grownups Table Part 3 Peacebuilding 2.0 Chapter 6 - Identity and Intractable Conflict Chapter 7 - A Glimpse at the Grownups Table Part 4 Peacebuilding 3.0 Chapter 8 -Toward Positive Peace Chapter 9 - Toward the Grownups Table Part 5 Peacebuilding 4.0? Chapter 10- Next Gen Peacebuilding Chapter 11 - And That Leaves You

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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

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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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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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

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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

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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

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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

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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

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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

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