Kategoria BISAC: Law >> Alternative Dispute Resolution

Based on the author's authoritative Hague Lectures on ICSID, this comprehensive commentary on ICSID and the ICSID Convention arbitration provides a detailed introduction to the world's leading institution devoted to international investment dispute settlement. Fully up-to-date as of September 2019, this book presents a full and accessible picture of an increasingly important dispute settlement mechanism. The author delves into the origins and evolutions of the Convention and Centre and its jurisdiction, then navigates the reader through the process of arbitration proceedings under the...

Russian Arbitration: Law and Practice provides a comprehensive and practical guide to arbitrating with Russian parties or in an arbitration proceeding with its seat in Russia. Structured according to the order of arbitration proceedings, this book provides coverage of all the relevant issues for practitioners entering into agreement to arbitrate with Russian parties. The author offers a comprehensive description of the relevant areas of Russian law including procedural law, mandatory rules, and the most relevant public regulations that influence recognition and enforceability of an award...

Based on the author's authoritative Hague Lectures on ICSID, this comprehensive commentary on ICSID and the ICSID Convention arbitration provides a detailed introduction to the world's leading institution devoted to international investment dispute settlement. Fully up-to-date as of September 2019, this book presents a full and accessible picture of an increasingly important dispute settlement mechanism. The author delves into the origins and evolutions of the Convention and Centre and its jurisdiction, then navigates the reader through the process of arbitration proceedings under the...

General principles of law play an important role in investment arbitraion and can be applied by a tribunal when no treaty provision or rule of customary international law exists regarding a particular issue. They can be used in traditional means, such as the interpretation of vague treaty terms, or for wider reaching issues emerging from the international legal order. Following a significant increase in references to the general principles of law by Investor-State tribunals questions have been raised around the meaning and function of these principles. Written by an expert in the field...

The Alternative Dispute Resolution (ADR) system provides an opportunity whereby the deficiencies, and costs, of court and arbitration proceedings may be avoided. In this work, the authors:

• discuss the requirements of an effective ADR system for settling disputes
• compare the merits and weakness of court proceedings and arbitral proceedings in achieving agreed settlements
• provide a useful guide for students and practitioners to the legal roles within ADR, and the stages to expect during a mediation process.

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Selected Issues in Construction Law contains analysis of judge-made case law associated with (1) a construction contractor's duty to warn, (2) the availability of punitive and consequential damages, including lost profits, and (3) the ability to waive construction contract arbitration clauses. The information presented in this text provides a good background to the legal practitioner engaged in these aspects of construction law. This book is not a narrative on construction law nor a discussion of building codes and, while it contains legal information, it does not present legal advice. Please...

Presents a concise summary of alternatives to the court adjudication of disputes. On-point discussion facilitates an understanding of the wide variety of options available that can better suit a client's needs, such as negotiation, mediation, arbitration, and various hybrids. Particular attention is focused on the legal and ethical issues associated with negotiation, mediation and arbitration.

Investment arbitration is at the cutting edge of international law and dispute resolution, and is predicted to be a major factor in the development of the global economic system in years to come. This one-volume monograph contains contributions from leading experts on a wide range of topics of both theoretical importance and practical implication that will affect the future of investment arbitration. The highly innovative chapters combine to form a constructive and valuable discussion for all in the arbitration field. The contributors, chosen to represent the full spectrum of perspectives,...

The Executive Guide to Managing Disputes not only explains why litigation is so costly, but also how to manage disputes sensibly to avoid unnecessary litigation, reduce costs, and improve results. The book shows how ADR (i.e., Alternative Dispute Resolution) can short-cut disputes, and how to use often inexpensive dispute management programs to contain costs and achieve favorable outcomes.

Leo Hura, JD, Mediator presents a primer for clients on competitive negotiation utilizing small claims court as the setting, mandatory mediation as the venue, and Hawaii as the backdrop. Small claims court is the setting because, in the author's opinion, it is ideal for a discussion about competitive negotiation, since it's about the money, has a time deadline, and offers a last chance for negotiation in mandatory mediation. The story line in this book continues the development of some of the characters found in his first book, Can we talk? - No and introduces new ones living in Hawaii...

The classic advocacy guide for trial lawyers, Common Sense Rules of Advocacy for Lawyers has been hailed by attorneys, mediators and professors nationwide. It's the practical advocacy guide designed for anyone who must persuade others, including attorneys, lobbyists, negotiators, account executives, law students, sales professionals, and parents.

"Reading this book would profit any advocate of any experience level. Judicious application of the advice contained in the book will make anyone a better advocate."
-- George R. (Bob) Dekle, Legal Skills Professor, University...

How diverse cultures approach conflict in the context of the integration of global markets is a new arena for research and practice. To date, most of the research on international arbitration has focused exclusively on Western models of arbitration as practiced in Europe and North America. While such studies have accurately reflected the geographic foci of international arbitration practice in the late twentieth century, the number of international arbitrations conducted in East Asia has recently been growing steadily and on par with growth in Western regions.

Resolving...

Friendship is one of our most important social institutions. It is the not only the salve for personal loneliness and isolation; it is the glue that binds society together. Yet for a host of reasons--longer hours at work, the Internet, suburban sprawl--many have argued that friendship is on the decline in contemporary America. In social surveys, researchers have found that Americans on average have fewer friends today than in times past.

In Friend v. Friend, Ethan J. Leib takes stock of this most ancient of social institutions and its ongoing transformations, and contends that...

An examination of the legal framework for mediation in the English and Welsh jurisdiction, exploring the jurisprudence of ADR and mediation in England in order toanalyse the extent to which the institutionalisation of mediation by the state and courts has led to the monopolisation and 'juridification' of mediation by lawyers.

A must read for everyone involved in or affected by conflict. The Crossroads of Conflict: A Journey into the Heart of Dispute Resolution argues that all conflicts are "cross-roads" and catalysts for learning, evolution, growth, and wisdom. It shows how to locate the root sources of conflict and remove the barriers to reconciliation, collaboration, and community. Ken Cloke's unified theory for resolving conflict is ground-breaking and destined to become a cornerstone of the future of dispute resolution.

Mediators assisting divorcing parties face many challenges not found in mediations of other types of cases. Never do emotions run higher than when children are involved. Who gets primary custody? How will visitation be determined or divided? How will support amounts be decided? Then there are the marital assets that need to be divided, the tax consequences to be considered, etc. There is a long list of items to be negotiated and then memorialized in a separation agreement. Non-lawyer mediators need to know what they can and cannot do to assist clients with these agreements. This guide will...

Mediation is becoming an increasingly important tool for resolving civil and commercial disputes. Although it has been long since recognized in many legal systems, in recent years it has received an important boost and is currently one of the most topical issues in the field of dispute resolution. The European Directive 2008/52/EC of the European Parliament and of the Council of 21.5.2008 on certain aspects of mediation in civil and commercial matters, prescribes a set of minimum common rules on mediation for all EU Member States, with the exception of Denmark. This book examines the current...