Arbitration, mediation and alternative dispute resolution Books

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

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

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

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

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

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

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Book Synopsis1 Introduction.- 2 The Origins of and the Need for the PRI.- 3 Insuring the Loss through a Contract.- 4 Treaties, Arbitration and PRI.- 5 Parties to PRI Contract and the Wrongdoer.- 6 Mitigating the Risk and the Loss.- 7 International Standards to Protect Investors.- 8 Political Risks.- 9 Exclusions.- 10 Means of Reparation.- 11 Subrogation.- 12 Choice of Law and Dispute Resolution.- 13 Conclusion.

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Book SynopsisIntroduction.- Iura Novit Curia in Domestic Law.- Iura Novit Curia in International Law.- The Conceptual Foundations of Iura Novit Curia in Investment Arbitration.- Legal Knowledge.- Ascertainment of Law.- Enhanced Responsibility.- Procedural Constraints.- Conclusions and Outlook.

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Book SynopsisThis book analyses the principle of equality from three perspectives: public international law, private international law and EU law. It is the first book in English providing a comprehensive overview of this principle in these areas of law and showing the current trends and issues concerning its application. Its main goal is to understand whether and to what extent the principle of equality has been affirmed in public and private international law, as well as EU law, and what – if any – the common core of this principle is.The analysis carried out in this contributed volume starts from general analyses of the principle of equality in the areas of the law covered by the book and then discusses the principle in more specific areas, such as human rights law, international adjudication (including investment law) and the law of international organizations. The book is intended to become a benchmark for academics dealing with matters of equality in public international law, private international law and EU law. It will be a useful tool for practitioners too, the collected chapters being based on the relevant case law dealing with the principle of equality. Daniele Amoroso is Professor of International Law in the Department of Law of the University of Cagliari, Cagliari, Italy. Loris Marotti is Assistant Professor of International Law in the Department of Law at the Federico II University of Naples, Italy. Pierfrancesco Rossi is Postdoctoral Fellow in International Law in the Department of Law of Luiss University, Rome, Italy. Andrea Spagnolo is Professor of International Law in the Department of Law of the University of Turin, Turin, Italy. Giovanni Zarra is Professor of International Law and International Litigation in the Department of Law at the Federico II University of Naples, Italy.Table of ContentsPart I. General/Theoretical Aspects.- Chapter 1. Variations on the Principle of Equality in International and EU Law.- Chapter 2. Sovereign Inequality and Struggles for Equality.- Chapter 3. Equality of States and Mutual Membership in European Union Law: Contemporary Reflections.- Part II. Equality of States and International Organizations in International and EU Law.- Chapter 4. Third World Approaches to International Law (TWAIL) and Inequality in International Criminal Justice: A Critical Assessment.- Chapter 5. The Recognition of the Formal Equality of International Organizations by the Means of an International Rule of Incorporation.- Chapter 6. The “Institutionalized Inequality” of the ESM Voting System: Doubts and Perspectives after the Reform.- Part III. Inter-Individual Equality: Human Rights and Conflict of Laws Issues.- Chapter 7. The Status of Workers in EU Free Movement Law: A Difficult Balance Between Equality and Economic Integration.- Chapter 8. Equality and Heteronormativity: Heterosexual Majority and Homosexual Minority in the European Convention on Human Rights.- Chapter 9. Equality, Conflict of Laws and Human Rights.- Chapter 10. Equality in the Application of “Imperative Norms”: A “More Equal than Others” Principle in EU Conflict of Laws in Contractual Matters?.- Part IV. Procedural Aspects of Equality.- Chapter 11. Equality before Courts and Tribunals – The Case for a Comparative Approach.- Chapter 12. Equality in the Access to the ECtHR - Filling Procedural Gaps Concerning Locus Standi and Representation of Extremely Vulnerable Individuals.- Chapter 13. Residual Jurisdiction in Civil and Commercial Matters through the Lens of Non-Discrimination and Reciprocity.- Chapter 14. Equality and Asymmetry in Treaty-Based Investment Arbitration: Counterclaims by Host States.- Part V Epilogue.- Chapter 15. Epilogue - Animal Farm, International Law - Lorenzo Gradoni.- Chapter 16. General Conclusions: (In)Equalities and International Law: Between Old and New Forms.

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Book SynopsisThe book examines the development and application of mediation in China (including Hong Kong). As a popular mechanism for dispute resolution in Chinese history, mediation is believed to be an important process for realizing the official goal of social harmony. Following an overview of the current situation in mainland China and Hong Kong, the book looks into specific legal issues in the application of mediation and the practical use of mediation in specific lines of businesses. The book can serve as an important reference book on the law and practice of mediation in mainland China and Hong Kong for scholars, practitioners, as well as students of mediation and alternative dispute resolution. Table of ContentsIntroduction.- Mediation in Modern China: Thinking About Reform.- Civil Justice Reform in Hong Kong.- Mediation Legislation in Hong Kong.- Exploring the Enforceability of Mediation Agreements.- Mediator Immunity and Mediation Legislation in Hong Kong.- Enforcement of Foreign Settlement Agreements and the Singapore Mediation Convention

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisThis book advances the emergence of a new sub-field of study, the law of consumer redress, which encompasses the various dispute resolution processes for consumers, their regulations, and best practices. The book argues that the institutionalisation of alternative dispute resolution (ADR) bodies are expanding their functions beyond dispute resolution, as they are increasingly providing a public service for consumers that complements, and often replaces, the role of the courts. Although the book focuses on ADR, it also analyses other redress methods, including public enforcement, court adjudication and business internal complaints systems. It proposes a more efficient rationalisation of certified redress bodies, which should be better co-ordinated and accessible through technological means. Accordingly, the book calls for greater integration amongst redress methods and offers recommendations to improve their process design to ensure that, inter alia, traders are encouraged to participatTrade Review'Dean Knight has made a marvellous contribution to our understanding of judicial review doctrine and he has provided us with an attractive normative framework for assessing that doctrine … Whatever one's interests as a public lawyer, this book is a must-read.' Peter Cane, The Modern Law ReviewTable of ContentsIntroduction; 1. Consumer redress – from public enforcement to alternative dispute resolution; 2. Upgrading from alternative to online dispute resolution; 3. Judicial redress for consumer disputes – the need for collaboration between courts and extrajudicial scheme; 4. Out of court consumer redress – the European law on ADR and the re-design of the ODR platform; 5. Consumer ADR in three radically different jurisdictions – Italy, Spain and the UK; 6. Pursuing global consensus on consumer redress – the UNCITRAL technical notes for online dispute resolution; 7. Voluntariness as the Achilles' heel of ADR – the case for incentives and mandatory redress schemes; 8. Dispute system design features of effective consumer redress models; Conclusion.

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

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Book SynopsisIn the Asia-Pacific, thirty-eight jurisdictions have adopted the UNCITRAL Model Law on International Commercial Arbitration. This book looks at how the text and the principles of the Model Law have been implemented (or not) in key Asian jurisdictions. Most of the jurisdictions covered in this book have declared that they have adopted the Model Law but often with significant modifications. Even when jurisdictions adopt some provisions of the Model Law verbatim, their courts may have interpreted these provisions in a manner inconsistent with their goals and with how they are interpreted internationally. When a jurisdiction has not adopted the Model Law, the chapter compares its legislation to the Model Law to determine whether it is consistent with its principles. Each chapter follows the structure of the Model Law allowing the reader to easily compare the arbitration laws of different jurisdictions on each topic.Trade Review'Professor Bell's book is the passport that all States and jurisdictions - Asian or otherwise - should possess during the course of their Model Law journey.' Darius Chan, Asian Dispute ReviewTable of ContentsIntroduction; Part I: 1. Hong Kong Special Administrative Region, China: the adoption of the UNCITRAL Model Law on International Commercial Arbitration in Hong Kong Shahla Ali; 2. India: the 1985 Model Law and the 1996 Act: a survey of the Indian arbitration landscape Harisankar K. Sathyapalan and Aakanksha Kumar; 3. Japan: Japanese Arbitration Law and UNCITRAL Model Law Harata Hisashi; 4. Republic of Korea: Model Law in Asia: the case for Korea Hi-Taek Shin; 5. Malaysia: the arbitration regime in Malaysia: a De Jure Model Law jurisdiction? Choong Yeow Choy and Sundra Rajoo; 6. Myanmar: the Model Law: a new model for a new era in Myanmar – from the 1944 Arbitration Act to the 2016 Arbitration Law Minn Naing Oo; 7. Philippines: the application of the UNCITRAL Model Law on International Commercial Arbitration in the Philippines Rena M. Rico-Pamfilo; 8. Singapore: Singapore's implementation of the Model Law: if at first you don't succeed Gary F. Bell; Part II: 9. People's Republic of China: comparison between UN Model Law and Chinese Arbitration Law Guo Yu; 10. Indonesia: Indonesian Arbitration Law and practice: in light of the UNCITRAL Model Law Gatot Soemartono and John Lumban-Tobing; 11. Taiwan: comparative analysis of the Arbitration Law of Taiwan and the UNCITRAL Model Law Chang-fa Lo; 12. Vietnam: the Vietnamese law on Commercial Arbitration 2010 compared to the UNCITRAL Model Law on International Commercial Arbitration 2006 Hop Dang.

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

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Book SynopsisThis book presents a selection of the latest arbitration cases, materials, and commentaries from China. It aims to provide information on the theory and practice of arbitration combined. It is intended to provide readers with a useful resource to guide them when they encounter actual China-related arbitration cases. This book is a valuable resource for all practitioners concerned with international and foreign-related arbitration matters in China, global law firms, companies engaged in multinational business, jurists, and academics.Table of ContentsJudicial Review of Arbitration Agreement.- Multi Contracts and Conflicting Dispute Resolution Provisions.- Arbitration Institution and Place.- Parties.- Arbitrator and Tribunal.- Arbitral Procedures.- Evidence.- Arbitrability and Arbitral Scope.- Arbitral Awards and Decisions.- Public Policy.- Main China Arbitration Institutions and Judicial Review Decisions.- Recognition and Enforcement of New York Convention Awards in China.

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