Medios Alternativos Para La Solucion De Controversias
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ADR in Business
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.
Mediation across the Globe
Author | : Kevin Brown |
Publisher | : Cambridge Scholars Publishing |
Total Pages | : 292 |
Release | : 2018-10-29 |
Genre | : Political Science |
ISBN | : 1527520625 |
Every mediator recalls how difficult it was to break into the field of Alternative Dispute Resolution (ADR) and how gaining initial experience was near impossible. This eye-opening book provides insights into what success looks like in a mediation practice. The Annual World Mediation Summit brings some of the most forward-thinking international conflict experts together in this book sharing their accounts of how mediation is used to resolve interpersonal and international conflicts so that participants walk away from the conflict with win-win solutions. This book will appeal to anyone interested in practical experiences in mediation across the globe, or wanting to discover how the most successful mediators operate. It is also appropriate for anyone interested in learning from successful judges, lawyers and mediators. Furthermore, this book will be useful to anyone who wants to learn about how mediation works worldwide and to learn from mediators’ challenges and capitalize on their successes. The twenty plus chapters here are written by authors from across the globe supporting the use of mediation in place of other more complicated systems. Their experiences are thoughtfully and clearly described in this book.
Research Handbook on Intellectual Property Rights and Arbitration
Author | : Simon Klopschinski |
Publisher | : Edward Elgar Publishing |
Total Pages | : 603 |
Release | : 2024-05-02 |
Genre | : Law |
ISBN | : 180037836X |
The Research Handbook on Intellectual Property Rights and Arbitration explores the complementary relationship between state court adjudication and arbitral proceedings in the context of intellectual property rights. Presenting contemporary research and insight into the scholarly debates on the topic, it provides a comprehensive overview of arbitrating intellectual property disputes on an international scale.
Hacia el Libre Comercio en las Americas
Author | : Jose Manuel Salazar-Xirinachs |
Publisher | : Rowman & Littlefield |
Total Pages | : 348 |
Release | : 2010-12-01 |
Genre | : Political Science |
ISBN | : 9780815716808 |
A Brookings Institution Press and the Organization of American States publication This is the Spanish language version of Toward Free Trade in America. In the past 15 years, the nations of the Western Hemisphere have staged a remarkable revolution—in the way they trade with their neighbors. First, after decades of restrictive import policies, several countries began to liberalize their trade and investment regimes. Then, beginning a decade ago, numerous bilateral and sub-regional trade agreements were achieved, to serve as vital complements to domestic reforms and to foster trade flows among member countries. At the Second Summit of the Americas in 1998, negotiations among 34 democracies were launched to establish the Free Trade Area of the Americas (FTAA). This report takes stock of the remarkable progress to date in the development of free trade in the Western Hemisphere. It examines trade flows between countries in the same regional groupings and between members of different sub-regional arrangements. The report describes the main characteristics of the trade arrangements signed between countries of the Hemisphere and explores the development of trade rules in these arrangements. Finally, the report details recent advances in the construction of the FTAA.
Commercial Mediation and Arbitration in the NAFTA Countries
Author | : Luis Miguel Díaz |
Publisher | : Juris Publishing, Inc. |
Total Pages | : 490 |
Release | : 1999-11-01 |
Genre | : Law |
ISBN | : 1929446020 |
Appendices. Index. With commentary and analysis on commercial mediation and arbitration provided by some of the leading Judges, Lawyers and Academics in the field, Commercial Mediation and Arbitration in the NAFTA Countries is the definitive source on dispute resolution under NAFTA and also on arbitration and mediation in Canada, Mexico and the United States - on both the National and International level. This work, the result of the efforts of the Canadian, Mexican and United States? governments and the U.S. Mexico Conflict Resolution Center (CRC), which was created in 1994 via United States Congressional funding to promote Arbitration and ADR in the NAFTA region, presents the proceedings of the first-ever conference on mediation and arbitration in the NAFTA countries held in Mexico City in June 1999. This work is not only timely, but a must for anyone involved, either directly or indirectly, in dispute resolution in the region.
New Developments in Civil and Commercial Mediation
Author | : Carlos Esplugues |
Publisher | : Springer |
Total Pages | : 785 |
Release | : 2015-09-11 |
Genre | : Law |
ISBN | : 3319181351 |
By means of the analysis of more than 20 national jurisdictions of different legal and geographical origin this book provides a general understanding of the developments that civil and commercial mediation is currently undertaking across the world. The book combines 25 national reports with a General Report analyzing the major trends in civil and commercial mediation worldwide. A number of the key variables that make mediation so effective are studied in depth in the book. The concept of mediation, that varies from country to country. Its legal framework and the branches of public and private law in which it is used. The legal condition of the mediation agreement and its relevant conditions of form and content, the responsibilities of the parties in the event that they violate this agreement and the effects of this agreement on potential recourse to the courts or to arbitration, as well as with regard to pending cases. As well as the role played by the mediator, his or her appointment or designation, legal and ethical responsibilities, and the role of institutions in mediation. As well as the mediation process, its applicable rules and principles and its costs are analyzed on comparative basis. The book also pays special attention to the outcome of mediation. The enforceability of the settlement reached both in domestic and cross-border mediations constitutes a basic element for the success of the institution and is thoroughly studied. This volume constitutes a unique instrument for those interested on mediation, either practitioners, judges or academics.
Transnational Commercial Law
Author | : Royston Miles Goode |
Publisher | : |
Total Pages | : 932 |
Release | : 2007-06-21 |
Genre | : Law |
ISBN | : |
This companion volume to "Transnational commercial law: text, cases and materials" contains a comprehensive collection of up-to-date primary materials relating to commercial contracts.
Cibermedios Latinoamericanos
Author | : Tatiana Hern Ndez Soto |
Publisher | : Palibrio |
Total Pages | : 345 |
Release | : 2012-11 |
Genre | : Reference |
ISBN | : 1463318049 |
Tatiana Hernández Soto Licenciada en Periodismo Doctora en Ciencias de la información por la Universidad Complutense de Madrid (UCM) Especialista universitario en Comunicación Digital Correo: [email protected] Blog: http: //thernandez.blogia.com/ Skype: thernandezsoto Twitter: @tatianahsoto