Multi-tier Approaches to the Resolution of International Disputes

Multi-tier Approaches to the Resolution of International Disputes
Author: Anselmo Reyes
Publisher:
Total Pages:
Release: 2021
Genre: Arbitration (International law)
ISBN: 9781108854306

"There are many ways in which disputes can arise in the commercial world and there are just as many ways in which they can be resolved. Much as different modes of alternative dispute resolution have gained in popularity around the world, there has been growing interest in the combined use of such modes. The Queen Mary University of London and White & Case LLP 2018 International Arbitration Survey observes that 'there has been a significant increase in the combination of arbitration with ADR'.1 Nearly half of the participants2 in the 2018 survey preferred a hybrid approach, as compared to just 35% in the 2015 survey.3 This is unsurprising in view of the benefits of mediation as a prerequisite to arbitration.4 An initial mediation allows for a 'cooling off' between the parties, thereby avoiding an escalation of their dispute.5 It also has a filtering effect. It enables the parties to assess the relative strengths of their respective case. Even if only partly successful in resolving a dispute, it should result in only the truly contentious issues proceeding to arbitration, while everything else is resolved with the assistance of a skilled mediator.6 The 2018 survey indicates that, generally, commercial parties would rather avoid disputes and preserve established relationships"--

Dispute Processes

Dispute Processes
Author: Michael Palmer
Publisher: Cambridge University Press
Total Pages: 433
Release: 2020-07-09
Genre: Drama
ISBN: 1107070546

This new edition considers a wide range of materials dealing with dispute processes and current debates on civil justice.

Dispute Settlement for ASEAN Businesses under the Belt and Road Initiative

Dispute Settlement for ASEAN Businesses under the Belt and Road Initiative
Author: Locknie Hsu
Publisher: Edward Elgar Publishing
Total Pages: 197
Release: 2022-12-06
Genre: Law
ISBN: 1803922699

This forward-looking book examines dispute resolution issues in the context of Belt and Road Initiative dealings between parties in ASEAN Member States, China and other trade partners. It discusses a range of commercial dispute issues and economic agreements including free trade agreements and investment agreements, both bilateral and regional.

Diversity in International Arbitration

Diversity in International Arbitration
Author: Shahla F. Ali
Publisher: Edward Elgar Publishing
Total Pages: 313
Release: 2022-11-04
Genre: Law
ISBN: 1803920041

After 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.

Judging Civil Justice

Judging Civil Justice
Author: Hazel G. Genn
Publisher: Cambridge University Press
Total Pages: 229
Release: 2010
Genre: Law
ISBN: 0521118948

A trenchant critique of developments in civil justice that questions modern orthodoxy and points to a downgrading of civil justice.

Enforceability of Multi-Tiered Dispute Resolution Clauses

Enforceability of Multi-Tiered Dispute Resolution Clauses
Author: Ewelina Kajkowska
Publisher: Bloomsbury Publishing
Total Pages: 267
Release: 2017-03-23
Genre: Law
ISBN: 1509910425

This book analyses the contractual mechanisms requiring parties to exhaust a selected amicable dispute resolution procedure before proceedings in court or arbitration are initiated. It briefly explains the phenomenon of integrated dispute resolution, outlines ADR methods commonly used in multi-tiered clauses and presents the overview of standard clauses published by various ADR providers and professional bodies. The core of the analysis is devoted to the enforceability of multi-tiered clauses under the legal systems of England and Wales, Germany, France and Switzerland. It is essential reading for practitioners and academics working in this area.

Resolving Disputes

Resolving Disputes
Author: Jay Folberg
Publisher: Aspen Publishing
Total Pages: 804
Release: 2021-09-14
Genre: Law
ISBN: 1543844359

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Resolving Disputes: Theory, Practice, and Law, Fourth Edition, covers negotiation, mediation, arbitration, and hybrid approaches, preparing law students to represent clients in all types of alternative dispute resolution. The text is practical, while grounded in theory. Drawing on the authors’ decades of experience as teachers, practicing neutrals, and ADR trainers, this casebook provides vivid examples from actual cases, literature, and current media. It also offers diverse readings by leading authors, along with comprehensive video-based resources and attention to prominent developments in the field. The text integrates coverage of law, ethics, and practice, as well as interesting notes, thoughtful problems, and provocative questions. New to the Fourth Edition: Fresh new material and perspectives benefiting from two new coauthors More problems, techniques, resources, and video-based examples of effective representation in mediation Integrated access to videos, allowing students to view professionals applying techniques discussed in the book as they read Streamlined presentation—concise excerpts and summaries that allow shorter reading assignments Greater coverage of online dispute resolution (ODR) and dispute systems design (DSD)—two of the most important new directions in the field Increased focus on gender, #MeToo, culture, social activism, historical inequities, anti-racism, and other crucial issues affecting dispute resolution today Discussion of how dispute resolution is changing with new technological advances, social trends and hybrid processes Expanded arbitration section, with attention to adhesion contracts, recent cases and legislation Access to arbitration games, exercises and streaming interviews with top arbitration experts An in-depth chapter on mixing ADR modes and hybrid processes Professors and student will benefit from: Organization and readings designed to be used as part of an active experiential class without sacrificing the deep knowledge expected in a law school course Informal writing style, interesting examples, practical advice, and thought-provoking questions, all written specifically for law students who will soon represent clients in resolving disputes Practice-based approach that helps students apply the concepts and better identify the value in the content Exercises and problems that facilitate classroom discussion

Arbitration

Arbitration
Author: Thomas J. Stipanowich
Publisher: Aspen Publishing
Total Pages: 358
Release: 2022-09-15
Genre: Law
ISBN: 1543859194

Arbitration: Practice, Policy, and Law provides students with a practice-based approach that helps them apply legal concepts under the Federal Arbitration Act and other laws, and better identify the value of arbitration practice and procedures. This casebook provides vivid examples from actual cases, literature, and current media. It also offers diverse readings by leading authors, along with comprehensive attention to prominent developments in the field and access to video interviews of 100 arbitrators and leading arbitration scholars. The text integrates coverage of law, ethics, and practice, as well as interesting notes, thoughtful problems, and provocative questions. It includes all the coverage of arbitration found in Resolving Disputes, the survey text. Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Professors and students will benefit from: Strong authorship, from leading scholar-practitioners at the two #1 law schools in Dispute Resolution—Pepperdine and Ohio State University. A practice-based approach that helps students apply concepts, including realistic roleplays, exercises, and problems that facilitate classroom discussion. Concise content, with organization and readings designed to support a class that considers law in the context of practice, instead of solely focusing on law – as is common with most arbitration casebooks. Informal writing style, interesting examples, practical advice, and thought-provoking questions, all written specifically for law students who will soon represent clients in resolving disputes. A variety of carefully designed, skills-oriented exercises on negotiating and drafting arbitration and dispute resolution procedures, conducting and managing arbitration processes, and deliberating and drafting arbitration awards. Unique attention to technology, and the role is now plays in modern arbitration practice. Discrete treatment of arbitration practice in business-to-business settings and consumer or employment scenarios. Access to 100 interviews with arbitration leaders. An overview of the many forms of arbitration, and the flexibility inherent in arbitration as a consensual dispute resolution process. Unique treatment of mixed mode scenarios involving forms of interplay between arbitration and mediation or negotiation.

Yearbook Commercial Arbitration, Volume XLVII (2022)

Yearbook Commercial Arbitration, Volume XLVII (2022)
Author: Stephan W. Schill
Publisher: Kluwer Law International B.V.
Total Pages: 499
Release: 2022-12-13
Genre: Law
ISBN: 9403529067

The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community, with reports on arbitral awards and court decisions applying the leading arbitration conventions and decisions of general interest to the practice of international arbitration as well as announcements of arbitration legislation and rules. Volume XLVII (2022) includes: excerpts of arbitral awards made under the auspices of the International Chamber of Commerce (ICC) and the Stockholm Chamber of Commerce (SCC); notes on new and amended arbitration rules, including references to their online publication; notes on recent developments in arbitration law and practice in Bahrain, British Virgin Islands, Canada, PR China, Egypt, Greece, India, Italy, Czech Republic, Malta, Portugal, Sierra Leone, Singapore, Turkmenistan, and Ukraine; excerpts of 82 decisions applying the 1958 New York Convention from 30 countries - including, for the first time, cases from El Salvador - all indexed by subject matter and linked to the commentaries on the New York Convention published in the yearbook, authored by formal General Editor and leading expert Prof. Dr. Albert Jan van den Berg; excerpts from one decision applying the 1965 Washington (ICSID) Convention and one decision applying the 1975 Panama (Inter-American) Convention, as well as a selection of thirteen court decisions of general interest; an extensive Bibliography of recent books and journals on arbitration. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world's leading organization representing practitioners and academics in the field, under the general editorship of Prof. Dr. Stephan W. Schill and with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.