Kategoria BISAC: Law >> Arbitration, Negotiation, Mediation

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...

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...

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...

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...

We investigate a two-person game of litigation and settlement with incomplete information on one side. So far, various theoretical attempts have been made to answer the question of why some people choose not to resolve their disputes and instead go to court and incur litigation costs, even if bargaining leaves room for both parties to fare better when avoiding the conflict. We can distinguish between games which focus on strategic elements like games with incomplete information (see, for example, P'ng (1983), Samuelson (1982) and Schweizer (1989- and decision-theoretic models neglecting...

This book examines India's new economy - its strengths, weaknesses and potential. The book covers three key areas of growth in India's economy - the IT (information technology) sector, export trade (with its externality effects) and the financial sector (in particular, banking reforms).

Variations of conciliation are included in many instruments, particularly in multilateral agreements concerning the environment, human rights, international trade and investment protection. Conciliation is also used on an ad hoc basis for the resolution of disputes between States, such as in border conflicts. Nevertheless, the method is rarely studied in depth from either a legal or political aspect. Focusing on conciliation in a broad sense (including variations of mediation, inquiry and non-compliance mechanisms), Sven Koopmans offers a timely discussion of non-binding dispute settlement...

In the spring of 2000, the Israel Medical Association called a doctors' strike in all hospitals and HMO-type clinics in Israel. After being on strike for over ten weeks, the parties entered mediation under the auspices of the Israeli government. This book recounts the mediation process. It includes rich and colorful descriptions of the participants, the dispute and its history, and provides insightful analyses of milestones in the mediation process. Various themes typical of public policy dispute mediations are highlighted and analyzed, including: media coverage; politicians; who sits at the...

In the spring of 2000, the Israel Medical Association called a doctors' strike in all hospitals and HMO-type clinics in Israel. After being on strike for over ten weeks, the parties entered mediation under the auspices of the Israeli government. This book recounts the mediation process. It includes rich and colorful descriptions of the participants, the dispute and its history, and provides insightful analyses of milestones in the mediation process. Various themes typical of public policy dispute mediations are highlighted and analyzed, including: media coverage; politicians; who sits at the...

In this original and highly useful resource, Colin Rule--a pioneer in the field of online dispute resolution (ODR)--shows how ODR can be used to resolve conflicts which inevitably arise both online and offline in business and commerce. Based on exclusive research and up-to-date best practices, Online Dispute Resolution for Business presents expert advice on how ODR can save time and money, offering timely suggestions and proven approaches for resolving business related conflicts online.

Although developing countries require foreign investment for growth, investors often encounter a range of obstacles in the existing economic order. This comparative study of two developing countries with similar socio-ethnic backgrounds--the Sudan and Saudi Arabia--considers how international and Islamic law have evolved in new directions in post-Soviet years. Topics include incentives and facilities for foreign investors, investment treaties, investment insurance programs and remedies for aggrieved investors.

It is more than 25 years since the World Bank Convention on the Settlement of Investment Disputes entered into force. These reports present in a single, comprehensive series all decisions of ICSID tribunals which are in the public domain, as well as the decisions of national courts relating to such proceedings. Volume 5 brings the series substantially up-to-date to include important recent decisions from 1996-2000, including American Manufacturing & Trading v. Zaire, Azinian v. Mexico, Tradex Hellas v. Albania, Metalclad v. Mexico, and Gruslin v. Malaysia.

These reports present in a single, comprehensive series all those decisions of ICSID tribunals that are in the public domain, as well as the decisions of national courts relating to such proceedings. Volume 1 contains texts of the awards and decisions in cases that began during the period 1972 to 1981. These are preceded by the basic texts.

On the historic occasion of the 40th anniversary of the founding of the Association of Southeast Asian Nations (ASEAN) in 2007, the leaders of the ten-member countries signed the ASEAN Charter. This book captures the insiders' views of the drafting of the Charter. It is suitable for those interested in ASEAN, and international law.

This book provides a clear understanding of the nuts and bolts of valuation approaches for business investments, including market, income and asset-based methods. It reviews tools that arbitrators may employ to reach their final compensation assessment on a principled basis. The bookand#8217;s many practical recommendations explore the decision making processes entailed in three central aspects of the arbitratorand#8217;s role:

and#8226; advance planning to enhance understanding of expert valuation evidence;

and#8226; identification of...

This dissertation analyses developments of international arbitration on investment disputes. Recent years, there has been an extraordinary increase in the number of investment arbitration for breach of Bilateral Investment Treaties (BITs). These treaties include substantive and procedural rules to provide investment security and investment neutrality to foreign investor. In particular, most BITs have investor-state dispute settlement provision which allows investors to sue host states directly. Through analyzing the Turkish BIT experience, this study concludes that there are different...

Until relatively recently, almost all contracts were domestic: both the consumer and the supplier were from the same country and the situation involved no substantial foreign elements. Technological changes (in terms of international travel, means of communication and information technology) have meant that it is a more frequent occurrence for consumer contracts to involve a cross-border dimension.
This book explores the legal regimes which seek to deal with disputes which arise out of such cross-border consumer contracts. In terms of private international law, English law traditionally...