Appropriate Dispute Resolution in Comparative Perspectives
Author | : Chinwe Egbunike-Umegbolu |
Publisher | : Springer Nature |
Total Pages | : 183 |
Release | : |
Genre | : |
ISBN | : 3031574761 |
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Author | : Chinwe Egbunike-Umegbolu |
Publisher | : Springer Nature |
Total Pages | : 183 |
Release | : |
Genre | : |
ISBN | : 3031574761 |
Author | : Maria F. Moscati |
Publisher | : Edward Elgar Publishing |
Total Pages | : 608 |
Release | : 2020-12-25 |
Genre | : Law |
ISBN | : 1786433036 |
Comparative Dispute Resolution offers an original, wide-ranging, and invaluable corpus of chapters 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. 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.
Author | : Jean-Claude Goldsmith |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 690 |
Release | : 2011-01-01 |
Genre | : Law |
ISBN | : 904113414X |
Whether the andAand stands for andappropriateand, andamicableand, or andalternativeand, all out of court dispute resolution modes, collected under the banner term andADRand, aim to assist the business world in overcoming relational differences in a truly manageable way. The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents. As a result, in this book twenty-nine andintertwined but variegatedand essays (to use the editorands characterization) provide substantial insight in such specific topics as: ADRands flexible procedures as controlled by the parties; ADRands facilitation of the continuation of relations between the parties; privilege and confidentiality; involvement of non-legal professionals; the identity and the role of the andneutraland as well as the role of the arbitrator; the implementation of ICC and other international ADR rules; the workings of Dispute Boards and the role of ADR in securing investment and other specific objectives. In its compound thesis and growing in relevance every day and that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.
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.
Author | : Anselmo Reyes |
Publisher | : Cambridge University Press |
Total Pages | : 545 |
Release | : 2021-12-16 |
Genre | : Law |
ISBN | : 1108490603 |
Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.
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.
Author | : Julian D. M. Lew |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 994 |
Release | : 2003-01-01 |
Genre | : Law |
ISBN | : 9041115684 |
This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.
Author | : Susan Patterson |
Publisher | : Prentice Hall |
Total Pages | : 0 |
Release | : 2001 |
Genre | : Arbitration and award |
ISBN | : 9780929563633 |
Using step-by-step walkthroughs and case studies of typical ADR sessions--negotiation, mediation, arbitration--this book provides readers with a broad understanding of ADR, along with important background information, historical perspectives and "tricks of the trade" in this fast-growing field. It covers each ADR method, how it works, when and where it can be used, its advantages and disadvantages, and its relationship to litigation. Includes comparative/descriptive charts. Negotiation. Mediation. Mediation Law and Policy. Arbitration. Strategies for Settlement. Application of ADR to Specific Disputes. The Role of the Paralegal in ADR. For Paralegals.
Author | : Klaus J. Hopt |
Publisher | : Oxford University Press |
Total Pages | : 1424 |
Release | : 2018-12-13 |
Genre | : Law |
ISBN | : 0191669350 |
Mediation provides an attractive alternative to resolving disputes through court proceedings. Mediation promises just results in the interest of all parties concerned, a reduction of the court caseload, and cost savings for the parties involved as well as for the treasury. The European Directive on Mediation has given mediation in Europe new momentum by establishing a common framework for cross-border mediation. Beyond Europe, many states have tried in recent years to answer the question whether, and if so, how mediation should be regulated at a national and international level. The aim of this book is to promote the understanding and discussion of regulatory issues by presenting comparative research on mediation. It describes and analyses the law and practice of mediation in twenty-two countries. Europe is represented by chapters on mediation in Austria, Bulgaria, England, France, Germany, Greece, Hungary, Ireland, Italy, the Netherlands, Norway, Poland, Portugal and Spain. The world beyond Europe is analysed in chapters on mediation in Australia, Canada, China, Japan, New Zealand, Russia, Switzerland and the USA. Against this background, further chapters on fundamental issues identify possible regulatory models and discuss central principles of mediation law and practice. In particular, the work considers harmonisation and diversity in the law of mediation as well as the economic and constitutional problems associated with privatising civil justice. To the extent available, empirical research is used as a point of reference in the critical analysis.
Author | : Ivano Alogna |
Publisher | : BRILL |
Total Pages | : 567 |
Release | : 2021-04-26 |
Genre | : Law |
ISBN | : 900444761X |
This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints.