Kategoria BISAC: Law >> Arbitration, Negotiation, Mediation

In recent years, a number of company bankruptcies in Europe - particularly in the Netherlands - have exposed serious gaps in the securing by law of reparations due to employees. As matters stand, employees - who were dependent upon the bankruptcy not only for their income but also for their employment and social security - have little to expect in terms of payment of arrears of pay, protection against dismissal, continued employment in the event of a business transfer, or participation rights. This work opens this far-reaching and hugely important issue by comparing employee rights in...

The ICC Rules of Arbitration constitute one of the world's oldest and most widely used sets of rules for the resolution of international commercial disputes. In 1998, shortly after the entry into force of the current version of the Rules, the First Edition of this book appeared and quickly became an indispensable resource for all those involved or interested in ICC arbitrations, including arbitrators, counsel, and parties.

In this updated and revised edition, the authors two of the world's leading experts on ICC arbitration have revised the Guide in order to take stock not only of the...

Here is the introductory volume to Kluwer's NAFTA Chapter Eleven Reports, an ongoing, comprehensive, and regularly augmented collection of full-text awards and other important decisions issued under the Agreements investor-state arbitration provisions. The texts in the series are supplemented with expert synopses that offer a unique guide to emerging jurisprudence in the field. This initial volume collects and thoroughly indexes selected primary documents essential to a full understanding of the adjudications contained in subsequent volumes. It is designed to be a convenient, stand-alone...

The papers collected in this volume represent the work of the Permanent Court of Arbitrations 7th International Law Seminar, The Resolution of Cultural Property Disputes, held at the Peace Palace in The Hague in the spring of 2003 and attended by world-renowned legal experts and professionals from art institutions. The looting of the National Museum of Iraq in Baghdad during the Second Gulf War is only the most recent example of the depredation of cultural property that can be part of the tragic human cost of war. Brazen pillage causes the world an irretrievable loss of significant...

In a world governed by speed, the Internet plays a growing role in many of today's innovations, and the resolution of disputes using electronic means of communication may soon be part of everyday legal practice. This book offers a survey of the current state of play in online dispute resolution, from the methods and information technology currently in use to the range of regulatory solutions proposed by shareholders. Taking their analysis a step further, the authors also address this new field's most pressing issues, including possible amendments of existing legislation, treaties, and...

Most books on international commercial arbitration approach the subject through legal theory supported by anecdotal evidence. This remarkable book is distinguished by its focus on the application of quantitative empirical research to the study of international arbitration. It collects, together with commentary, the existing empirical literature on the subject, and also presents several studies published here for the first time. Beginning with a basic overview of the methods of empirical research (surveys, observational studies, experimental studies), the book goes on to reprint the existing...

ICCA's Congress Series No. 12, reflecting the contributions of numerous renown arbitration experts to the 2004 ICCA Beijing Conference, commences with an overview of the current international arbitration regime in China and Hong Kong, noting both the progress that has been achieved and the work that remains to be done there. The remainder of the volume comprises two sets of papers on contemporary substantive and procedural issues in international commercial arbitration.

The first set contains in-depth reports on the topical subjects of arbitration of foreign investment disputes,...

Due to the nature of the arbitration process, provisional measures-especially interim protection of rights-tend to play a disproportionate role in international commercial arbitrations. Indeed, the need to clearly define such measures often constitutes the major stumbling block on the path to an effective resolution of a commercial dispute. This concise but enormously useful volume offers practitioners the information and advice they need to overcome this obstacle in the best possible way every time. The Author covers all the relevant avenues of research and practice, from an overview of the...

Osler is internationally known as one of Canada's leading corporate/commercial law firms. In this incomparable guide for practitioners, three experienced Osler lawyersand#191;one each in Ontario, Quebec, and Alberta--provide an easy-to-use practical overview of the law of domestic and international arbitrations in Canada. With lucid clarification of applicable legislation, both federal and provincial, and analysis of relevant case law, the Guide offers great assistance in the preparation, negotiation, process, and conclusion of arbitration agreements in Canada. Among the topics covered arc...

With the Arbitration Act of 2006 Austria consolidates its emerging role as a seat for arbitration proceedings affecting Central and Eastern Europe. Based to a significant extent on the UNCITRAL Model Law, which is fast becoming an international stan-dard, Austria's new law is applicable in any proceedings involving parties from any country. Assembled with detailed commentary in footnotes by Christoph Liebscher, a leading Austrian arbitration specialist and a member of the committee that drafted the law, this definitive presentation of the Austrian Arbitration Act of 2006 provides all of the...

This thorough and up-to-date guide to this area of practice the first and only such guide available provides a comprehensive analysis of all the issues arising from multiparty-multicontract arbitrations, including those involving States and groups of companies. The numerous factors and problems analysed in depth include the following:

and#8226;theories on the basis of which courts and arbitral tribunals determine who are parties to the arbitration clause;

and#8226;whether an arbitration clause may be extended to non-signatories;

and#8226;to what extent one can...

In its first edition, Global Trends in Mediation was the first book to concentrate on mediation from a comparative perspective - reaching beyond the all-too-familiar Anglo-American view - and as such has enjoyed wide practical use among alternative dispute resolution (ADR) practitioners worldwide. This new edition has not only been updated throughout; it has also added two new jurisdictions (France and Quebec) and a very useful comparative table summarising the salient points from each of the fourteen jurisdictional chapters. The unique value of the book for practitioners...

ICC Dossiers Volume 1

Money laundering and other forms of corruption have become the subject of intense interest. Governments and legislative bodies have introduced and#8211; or more rigorously enforced / measures to stop the flow of proceeds from illegal activities estimated at US$ 1.5 trillion per year, some 2-5% of the worldand#8217;s GDP.

Arbitration and#8211; Money laundering, Corruption and Fraud and#8211; compiled by the world renowned ICC Institute of World Business Law, where legal and business experts convene, and edited by eminent lawyers in the...

ICC Dossiers Volume 2

Arbitration and Oral Evidence, prepared by the ICC Institute of World Business Law, addressed some of the most contentious issues in arbitration procedures.

The relationship of written testimony to oral presentation of evidence raises a number of opportunities for abuse. From misleading witness statements to the preparation of unreliable and slanted presentations of experts, the issues raised have divided counsel and arbitrators.

This volume, containing papers from distinguished practitioners and arbitrators, provides a...

Since its establishment in 1986, the annual Freshfields Arbitration Lecture (as it has come to be known) has given both practitioners and academics a unique and extraordinary opportunity to explore new insights and frontiers in the theory and practice of international arbitration. Hosted by the School of International Arbitration, Queen Mary University of London, each lecture provides an eminent figure in international arbitration a platform on which to investigate problems of interest on aspects and trends in the field. Bringing together all the published (and some unpublished) lectures in...

I am very pleased and proud to write the Foreword to this Book on the occasion of the Court of Arbitration for Sport (CAS) having completed its first twenty years of operations. And I warmly congratulate the ASSER International Sports Law Centre and the Editors, Ian Blackshaw, Rob Siekmann and Janwillem Soek in cooperation with Andrew Gibson, Griffith University, Brisbane, Australia, and Steve Cornelius, University of Johannesburg, South Africa, on their joint initiative in putting together and publishing this Book. The CAS has come a long way since the idea of establishing it was first...

1. On 20 January 1930, the Governments of Germany, Belgium, Great Britain, Italy, Japan and Switzerland concluded at The Hague, the Convention respecting the Bank for International Settlements. The Convention included the Constituent Charter and the Statutes of the Bank (hereafter the Convention, the Constituent Charter and the Statutes of the Bank will be referred to collectively as the Constituent Instruments ). The Bank for International Settlements (hereafter the Bank or BIS ) was organized, by Article 1 of the Statutes, as a Company limited by shares and its objects, according to Article...

Legal systems in the Caribbean still reflect those of the original European host countries. However, current commercial practice pays no respect to historic boundaries. Inevitably, disputes will arise. The use of arbitration as a method of settling commercial disputes in the Caribbean is gaining ground.

Arbitration as an alternative to our over-stressed court system has the potential to result in the speedy, economic and equitable settlement of commercial disputes. In this layman's guide, Stoppi addresses the tremendous and urgent need for a basic understanding of the process of alternate...