Arbitration and Dispute Resolution in the Resources Sector

Arbitration and Dispute Resolution in the Resources Sector
Author: Gabriël A. Moens
Publisher: Springer
Total Pages: 268
Release: 2015-05-18
Genre: Law
ISBN: 3319174525

This book provides a comprehensive Australian perspective on the resolution of resources disputes. In particular, it focuses on the use of arbitration, mediation and adjudication in the resources sector. It concentrates on arbitration as the preferred method of dispute resolution, including international commercial and investor-state arbitration. The book offers fascinating insights into the use of arbitration to investment disputes involving resources companies in the African OHADA countries, Australia and other countries. It offers an Australian perspective which will be useful to discerning arbitration scholars and dispute resolvers. In addition, the book provides useful information on how to draft arbitration clauses for resources sector contracts. This publication will be of interest to members of the academic research community and will also appeal to dispute resolution professionals and practitioners.

International and Comparative Mediation

International and Comparative Mediation
Author: Nadja Marie Alexander
Publisher: Kluwer Law International B.V.
Total Pages: 538
Release: 2009-01-01
Genre: Law
ISBN: 9041132244

"In a world where the borders of the global community are fluid, and where disputants manifest increasingly diverse attributes and needs, mediation ? for decades hovering at the edge of dispute resolution practice ? is now emerging as the preferred approach, both in its own right and as an adjunct to arbitration. Mediation processes are sufficiently flexible to accommodate a range of stakeholders (not all of whom might have legal standing) in ways the formality of arbitration and litigation would not normally allow. Among mediation?s many advantages are time and cost efficiencies, sensitivity to cultural differences, and assured privacy and confidentiality. This book meets the practice needs of lawyers confronted with cross-border disputes now arising far beyond the traditional areas of international commerce, such as consumer disputes, inter-family conflicts, and disagreements over Internet-based transactions. The author takes full account of mediation?s risks and limitations, primarily its lack of finality and uncertainty in relation to enforceability issues which will persist until the advent of appropriate international regulation."--Publisher's website.

Mediation

Mediation
Author: Klaus J. Hopt
Publisher:
Total Pages: 1408
Release: 2013
Genre: Law
ISBN: 0199653488

Mediation has become a vital means of resolving disputes in jurisdictions around the world. This book offers the most comprehensive comparative analysis available of mediation, introducing the law and practical experience of mediation in 22 jurisdictions and analysing how mediation should be regulated at a national and international level.

International Arbitration and Mediation

International Arbitration and Mediation
Author: Michael McIlwrath
Publisher: Kluwer Law International B.V.
Total Pages: 530
Release: 2010-01-01
Genre: Law
ISBN: 9041126104

This book is intended as an easily accessible desktop resource for lawyers who regularly counsel businesses when negotiating international deals, and for those who represent the same clients in achieving a successful resolution when disputes emerge. The text is divided into chapters that follow the life cycle of an international commercial dispute as seen through the eyes of the parties, from when they agree how to resolve disputes in their contracts to the endgame of enforcement. Additionally, the appendices include a number of model submissions for further reference.--Provided by publisher.

Discourse and Practice in International Commercial Arbitration

Discourse and Practice in International Commercial Arbitration
Author: Christopher N. Candlin
Publisher: Routledge
Total Pages: 325
Release: 2016-05-23
Genre: Law
ISBN: 1317149947

It is increasingly held that international commercial arbitration is becoming colonized by litigation. This book addresses, in a range of ways and from various locations and sites, those aspects of arbitration practice that are considered crucial for its integrity as an institution and its independence as a professional practice. The chapters offer multiple perspectives on the major issues in play, highlighting challenges facing the institution of arbitration, and identifying opportunities available for its development as an institution. The evidence of arbitration practice presented is set against the background of practitioner perceptions and experience from more than 20 countries. The volume will serve as a useful resource for all scholars and practitioners interested in the institution of arbitration and its professional practices.

The Roles of Psychology in International Arbitration

The Roles of Psychology in International Arbitration
Author: Tony Cole
Publisher: Kluwer Law International B.V.
Total Pages: 456
Release: 2017-03-15
Genre: Law
ISBN: 9041159282

The system of international arbitration is built on private contractual relations, yet has been endorsed by governments around the world as a fair and reliable alternative to litigation in State courts. As a private process, however, its authority and legitimacy derive entirely from the views and actions of those involved in the arbitral process, whether arbitrators, counsel, or parties. It is, though increasingly clear that psychological factors complicate, and in some cases radically change, every arbitral proceeding. In this context, psychological insights are crucial for understanding how international arbitration genuinely operates, and whether the legal framework currently applied to it is well-suited to achieving the aims of ensuring a fair and reliable dispute resolution procedure. This is the first book to focus on this important issue: the insights into international arbitration that can be gained from contemporary psychology. With contributions from nineteen internationally known figures in their fields – arbitrators, mediators, lawyers, law professors, psychology professors, psychologists – and drawing from a longer term project on the role of psychology in arbitration, this ground-breaking volume addresses a range of topics, including the following: - the decision-making processes of arbitrators; - the ability of arbitration to serve as a genuine dispute resolution mechanism; - the impact of particular procedures on the arbitral process; - bias, self-deception and vested interests in judgment and decision-making; - the role of arbitrators in managing the arbitral process; - cultural differences in the evaluation of arguments; - psychological influences on witness testimony; - the impact of tribunal composition on arbitral decision-making; - the influence of arbitration’s professional context on arbitrators and legal counsel; and - methods for arbitrators and legal counsel to more effectively manage the arbitral process. Informed by the behavioural insights in these essays, counsel and arbitrators will be enabled to think critically about the underlying assumptions and the potential behavioural effects of a prospective arbitration, while individuals researching arbitration will gain a greater understanding of the psychological context in which every arbitration occurs. This book meets the increasingly recognized need for understanding the role of psychology in arbitral proceedings, and forms an indispensable foundation for subsequent work in this area. Its innovative and forward-thinking analysis will be of immeasurable value to the international arbitration community, as well as to institutions supporting arbitration and to academics in the field.

The Mediator's Tale

The Mediator's Tale
Author: Eileen Carroll, KC (Hon)
Publisher: Bloomsbury Publishing
Total Pages: 346
Release: 2021-09-24
Genre: Law
ISBN: 1526515849

Written to celebrate the 30th anniversary of CEDR's emergence as the world's leading independent disputes consultancy, The Mediator's Tale: The CEDR Story of Better Conflicts captures the experience of two leading internationally renowned mediators – and married couple – Eileen Carroll and Karl Mackie. Sharing their personal and professional insights into how we can achieve better conflict management in our professional and personal lives, they highlight key insights into how mediation delivers results, and lessons for conflicts generally. The book: Tells the story of how a young lawyer and a leading academic 'had the courage and sheer guts' necessary to create disruptive change and persuade the legal profession and its clients to embrace mediation Provides advisers and mediators with in-depth explanations for getting results from negotiation and independent intervention Shows how to build trust and make emotional connections while building momentum for settlement Highlights the role of women as conflict resolvers and as early pioneers in conflict resolution, and the links between conflict and diversity – 'What people often mean by getting rid of conflict is getting rid of diversity' Explores the reasons interventions fail and how to avoid failure Illuminates the international development of mediation and its reach into justice systems, human rights, investor-state disputes and international arbitration Outlines leadership skills that will put you in the top 1% of people able to deal with conflict.

Advocacy in International Commercial Arbitration: ASA Special Series No. 36

Advocacy in International Commercial Arbitration: ASA Special Series No. 36
Author: Elliott Geisinger
Publisher: Juris Publishing, Inc.
Total Pages: 138
Release: 2013-07-01
Genre: Law
ISBN: 1933833912

Corporate counsel, arbitrators and lawyers discuss their experiences with advocates in international arbitration, their expectations of good advocacy in a critical analysis of The ASA Charter of Advocacy in International Commercial Arbitration. Issues discussed include: Differences in Culture and Style Evolution of the Role Model Over Time The Relationship with the Client and the Tribunal The Relationship with Witnesses and Experts The Use of Consultants and Their Management Contributing Authors: Sheila Ahuja Matthew Gearing Bernard Hanotiau Henry Peter Jeffrey Waincymer

Practitioner's Handbook on International Arbitration and Mediation - Third Edition

Practitioner's Handbook on International Arbitration and Mediation - Third Edition
Author: Richard Chernick
Publisher: Juris Publishing, Inc.
Total Pages: 1198
Release: 2012-04-01
Genre: Law
ISBN: 1933833750

The Practitioner's Handbook on International Arbitration and Mediation, 3rd Edition is a unique work with each chapter written by a well-known practitioner and expert in the field. It covers each step of the international arbitration and mediation process and offers separate chapters that summarize the laws of leading arbitral venues. This Handbook is intended to make the reader into a better practitioner or arbitrator/mediator. Moreover, each chapter has been written to provide practical advice and guidance. Unlike many works with multiple authors, this work is not simply a collection of essays on a general subject. This book is a unified work with cross references among the chapters and a consistent format throughout. The Practitioner's Handbook is divided into three parts. Part One describes in detail each step of the international arbitration process and offers tips. Part Two deals with each step and facet of an international mediation. Each of these chapters is filled with Practitioners’ Expert Commentary. Part Three summarizes the laws of leading arbitral jurisdictions, like Hong Kong, England, Switzerland, and France. These chapters give you detailed guidance on the laws governing international arbitration in that particular jurisdiction. As a result, the chapters in Part Three are a bit more technical as the authors realized that the reader would need citations to and commentary on the local arbitration statutes and rules. The CD ROM that accompanies this Work contains relevant original source material that is germane to the text. A review of the table of contents of the material contained on the CD ROM will acquaint you with the range of material covered.