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Books > Law > Laws of other jurisdictions & general law > Courts & procedure > Arbitration procedure

The Big Book of Restorative Justice - Four Classic Justice & Peacebuilding Books in One Volume (Paperback): Howard Zehr, Allan... The Big Book of Restorative Justice - Four Classic Justice & Peacebuilding Books in One Volume (Paperback)
Howard Zehr, Allan Macrae, Kay Pranis, Lorraine Stutzman Amstutz
R574 R528 Discovery Miles 5 280 Save R46 (8%) Ships in 18 - 22 working days

For the first time, the four most popular restorative justice books in the Justice & Peacebuilding series-The Little Book of Restorative Justice: Revised and Updated, The Little Book of Victim Offender Conferencing, The Little Book of Family Group Conferences, and The Little Book of Circle Processes-are available in one affordable volume. Restorative justice, with its emphasis on identifying the justice needs of everyone involved in a crime, is a worldwide movement of growing influence that is helping victims and communities heal while holding criminals accountable for their actions. This is not a soft-on-crime, feel-good philosophy, but rather a concrete effort to bring justice and healing to everyone involved in a crime. Circle processes draw from the Native American tradition of gathering in a circle to solve problems as a community. Peacemaking circles are used in neighborhoods, in schools, in the workplace, and in social services to support victims of all kinds, resolve behavior problems, and create positive climates. Each book is written by a scholar at the forefront of these movements, making this important reading for classrooms, community leaders, and anyone involved with conflict resolution.

New Pathways to Civil Justice in Europe - Challenges of Access to Justice (Hardcover, 1st ed. 2021): Xandra Kramer, Alexandre... New Pathways to Civil Justice in Europe - Challenges of Access to Justice (Hardcover, 1st ed. 2021)
Xandra Kramer, Alexandre Biard, Jos Hoevenaars, Erlis Themeli
R3,821 Discovery Miles 38 210 Ships in 18 - 22 working days

This book focuses on four topical and interconnected, innovative pathways to civil justice within the context of securing and improving access to justice: the use of Artificial Intelligence and its interactions with judicial systems; ADR and ODR tracks in privatising justice systems; the effects of increased self-representation on access to justice; and court specialization and the establishment of commercial courts to counter the trend of vanishing court trials. Top academics and experts from Europe, the US and Canada address these topics in a critical and multidisciplinary manner, combining legal, socio-legal and empirical insights. The book is part of 'Building EU Civil Justice', a five-year research project funded by the European Research Council. It will be of interest to scholars and policymakers, as well as practitioners working in the areas of civil justice, alternative dispute resolution, court systems, and legal tech. The chapters "Introduction: The Future of Access to Justice - Beyond Science Fiction" and "Constituting a Civil Legal System Called "Just": Law, Money, Power, and Publicity" are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Foreign Judgments in Israel - Recognition and Enforcement (Hardcover, 2013 ed.): Haggai Carmon Foreign Judgments in Israel - Recognition and Enforcement (Hardcover, 2013 ed.)
Haggai Carmon
R3,363 Discovery Miles 33 630 Ships in 10 - 15 working days

A judgment in a civil matter rendered in a foreign country is not automatically recognized in Israel. Before a judgment will be recognized or enforced, it must first undergo a domestic integration process. A declaration that a foreign judgment is enforceable in Israel is dependent upon its meeting certain conditions specified by statute, irrespective of whether recognition of the foreign judgment is indirect or direct. These conditions serve as the main route for giving validity to foreign"in rem"judgments and to personal status judgments, which cannot otherwise be enforced; recognition of a judgment as enforceable, however, enables it to be executed.

The book integrates lucid, theoretical analysis of the issues of enforcement and recognition of foreign judgments with practical instructions. It thus serves as a valuable guide for anyone seeking answers to the questions examined in the book, whether in the context of international commerce or to resolve transnational legal disputes. Despite the complexity of the questions addressed in the book, they are given accurate and easily understandable answers.

"Haggai Carmon s book grapples with the range of issues arising from the recognition of foreign judgments and their enforcement, i.e., the declaration that they are enforceable judgments. The book thoroughly and methodically examines these issues Haggai Carmon has outstanding expertise in international law. He has a breadth of legal knowledge and extensive experience in both the theoretical and practical aspects of both private and public international law. He serves as legal counsel to commercial entities as well as foreign governmental agencies; amongst others, he is an outside legal counsel to the government of the United States. As this text reflects, Haggai Carmon is also a first-rate scholar and he shares his knowledge in a style that is suitable to every reader.
"-Eliezer Rivlin, Deputy Chief Justice, the Israel Supreme Court

Introduction to Peace and Conflict Studies (Hardcover): Lois Edmund Introduction to Peace and Conflict Studies (Hardcover)
Lois Edmund
R3,906 Discovery Miles 39 060 Ships in 18 - 22 working days

This book integrates research and theoretical findings from multiple disciplines to present a holistic approach to conflict resolution. It highlights the wide-ranging and compelling relevance of Conflict Resolution Studies by exploring the entire spectrum of applications in interpersonal relationships, family and group functioning, and national and international relations.

Dispute Resolution in China - Litigation, Arbitration, Mediation and their Interactions (Paperback): Weixia Gu Dispute Resolution in China - Litigation, Arbitration, Mediation and their Interactions (Paperback)
Weixia Gu
R1,305 Discovery Miles 13 050 Ships in 10 - 15 working days

China's ever-expanding commercial influence has attracted global attention on how its civil and commercial disputes are resolved. This compelling new book, Dispute Resolution in China, offers a detailed examination of the elements in the Chinese legal system and the relevant reforms to the multiplicity of approaches to civil and commercial disputes in China today. This book reveals how civil litigation, commercial arbitration, mediation, and their hybrid dispute resolution have distinctly responded to, reformed, and developed in the context of China's transformational economic growth, societal development, and international interaction in the last two decades. It situates these developments and continued experimentation within a unique hybrid of empirical, contextual, and comparative analytical framework, while paving productive pathways towards the future. This book argues that, rather than being a legal project, China's civil and commercial dispute resolution system is essentially a social development project, which distinguishes the Chinese approach to civil justice reform from contemporary civil justice movements elsewhere. Among the primary methods of dispute resolution, commercial arbitration in China today uniquely transcending the traditional socio-political constraints, its reform has developed in favor of market-oriented considerations and shaped by China's socio-economic dynamics and internationalization needs. By contrast, civil litigation and mediation being more instrumentalist in nature, their reform is socio-politically embedded and continues to prioritize social stability. This book also shines a fresh light on comparative assessments of top-down and bottom-up changes in China's dispute resolution discourse, as well as on how China speaks to international dispute resolution systems. Original and rich in its analysis, this book will be essential reading and invaluable reference tool for scholars with a focus on Chinese law, comparative and international dispute resolution, and on broader legal, institutional, economic, social, political and cultural dimensions of dispute resolution development.

The 1998-2000 Eritrea-Ethiopia War and Its Aftermath in International Legal Perspective - From the 2000 Algiers Agreements to... The 1998-2000 Eritrea-Ethiopia War and Its Aftermath in International Legal Perspective - From the 2000 Algiers Agreements to the 2018 Peace Agreement (Hardcover, 2nd ed. 2021)
Andrea De Guttry, Harry H. G. Post, Gabriella Venturini
R4,693 Discovery Miles 46 930 Ships in 10 - 15 working days

This book centres on the war that raged between Eritrea and Ethiopia from 1998 to 2000, a war that caused great loss of life and tremendous devastation. It analyses the war in great detail from an international legal perspective: the nature and the state of the boundary conflict preceding the actual armed conflict, the military actions themselves, the role of the UN peace-keeping mission, the responsibility for the multitude of explosive remnants of the war left behind. Ample attention is paid to the decisions of the Eritrea-Ethiopia Claims Commission and the Eritrea-Ethiopia Boundary Commission. This study is not limited to the war and the period immediately following it, it also examines its more extended aftermath prolonging the analysis as far as the more recent improvement in the relations between Eritrea and Ethiopia, away from a situation of 'no war, no peace' that prevailed after the armed conflict ended. The analysis of the war and its aftermath is not only in terms of international legal issues, it has been placed in a wider than strictly legal perspective. The book is a valuable work for academics and practitioners in international law, human rights and humanitarian law in particular, for political scientists, diplomats, civil servants, historians, and all those others seriously interested in the Horn of Africa. Andrea de Guttry is Full Professor of Public International Law at the Scuola Superiore Sant'Anna in Pisa, Italy. Harry H.G. Post is Adjunct Professor in the Faculte Libre de Droit of the Universite Catholique de Lille in Lille, France. Gabriella Venturini is Professor Emerita in the Dipartimento di Studi internazionali, giuridici e storico-politici of the Universita degli Studi di Milano in Milan, Italy.

Nicaragua Before the International Court of Justice - Impacts on International Law (Hardcover, 1st ed. 2018): Edgardo Sobenes... Nicaragua Before the International Court of Justice - Impacts on International Law (Hardcover, 1st ed. 2018)
Edgardo Sobenes Obregon, Benjamin Samson
R4,346 Discovery Miles 43 460 Ships in 18 - 22 working days

This book analyses Nicaragua's role in the development of international law, through its participation in cases that have come before the International Court of Justice. Nicaragua has appeared before the ICJ in fourteen cases, either as an applicant, respondent or intervening State, thus setting an important example of committment to the peaceful judicial settlement of disputes. The "Nicaraguan" cases have enabled the ICJ to take positions on and clarify a whole range of important procedural, jurisdictional and substantive legal issues, which have inspired the jurisprudence of international and regional courts and tribunals and influenced the development of international law. The book focuses on reviewing Nicaragua's cases before the ICJ, using a thematic approach to identify their impact on international law. Each chapter includes a discussion of the relevant cases on a particular theme and their impact over time on general as well as specific branches of international law, notably through their use as precedent by other international and regional courts and tribunals.

Insurance Distribution Directive - A Legal Analysis (Hardcover, 1st ed. 2021): Pierpaolo Marano, Kyriaki Noussia Insurance Distribution Directive - A Legal Analysis (Hardcover, 1st ed. 2021)
Pierpaolo Marano, Kyriaki Noussia
R1,592 Discovery Miles 15 920 Ships in 18 - 22 working days

This open access volume of the AIDA Europe Research Series on Insurance Law and Regulation offers the first comprehensive legal and regulatory analysis of the Insurance Distribution Directive (IDD). The IDD came into force on 1 October 2018 and regulates the distribution of insurance products in the EU. The book examines the main changes accompanying the IDD and analyses its impact on insurance distributors, i.e., insurance intermediaries and insurance undertakings, as well as the market. Drawing on interrelations between the rules of the Directive and other fields that are relevant to the distribution of insurance products, it explores various topics related to the interpretation of the IDD - e.g. the harmonization achieved under it; its role as a benchmark for national legislators; and its interplay with other regulations and sciences - while also providing an empirical analysis of the standardised pre-contractual information document. Accordingly, the book offers a wealth of valuable insights for academics, regulators, practitioners and students who are interested in issues concerning insurance distribution.

The Legal System of Art Auction in China (Hardcover, 1st ed. 2022): Zhen Zheng The Legal System of Art Auction in China (Hardcover, 1st ed. 2022)
Zhen Zheng
R3,787 Discovery Miles 37 870 Ships in 18 - 22 working days

This book is the first book to comprehensively and deeply explain and construct the legal system of Chinese art auctions. Based on agency theory in traditional contract law, this book combs the legal relationship between client, auctioneer, and buyer. Aiming at the most difficult problem of art identification, this book shows the obligations that auctioneers must perform and the common methods for auctioneers to avoid these obligations. The purpose of this book is to ease the current situation in which the interests of buyers and auctioneers are too opposed and speed up the legalization process of art auctions through the construction of the legal system of art auctions in China. Additionally, using the method of policy demonstration, this book discusses how public power should intervene in the process of art auctions.

Malaysia's United Nations Peacekeeping Operations (1960-2010) (Hardcover, 1st ed. 2021): Asri Salleh, Asmady Idris Malaysia's United Nations Peacekeeping Operations (1960-2010) (Hardcover, 1st ed. 2021)
Asri Salleh, Asmady Idris
R2,896 Discovery Miles 28 960 Ships in 18 - 22 working days

Small and developing states make up the majority of participants in United Nations Peacekeeping Operations (UNPKO), and Malaysia is one of these. The numerous previous studies on Malaysia's UNPKO are primarily historical narratives which focus on practical, policy-related issues and due process, making no attempt to synchronize the nexus between theory and policy analysis. Nor do they cover the theoretical aspect which can operationalize and address the question of the roles played by Malaysia's domestic actors (foreign policy executives, legislature, military, media, public opinion) in the respective decision-making processes as well as those of external level, such as international power politics and geopolitical considerations. In other words, they are predominantly a historical narrative of only several Malaysia's UNPKO. This book fills the critical gap. It deliberates on the respective national and international decision-making processes, especially from the Malaysian point of view, and analyses the theoretical and practical impacts of Malaysia's UNPKO in understanding international politics. Apart from providing a well-researched account of Malaysia's UNPKO across the globe for 50 years, i.e. 1960-2010, this book examines the determinants by using qualitative data, particularly key-informant interviews and documentary analysis. Thus, while most studies of Malaysia's UNPKO single out domestic imperatives as the most vital determinant, this book, on the contrary, comprehensively identifies the prevailing world security order as the most important determinant influencing Malaysia's UNPKO, followed by the domestic ones.

The International Court of Justice - An Arbitral Tribunal or a Judicial Body? (Hardcover, 2014 ed.): Serena Forlati The International Court of Justice - An Arbitral Tribunal or a Judicial Body? (Hardcover, 2014 ed.)
Serena Forlati
R3,610 R3,350 Discovery Miles 33 500 Save R260 (7%) Ships in 10 - 15 working days

The International Court of Justice is the principal judicial organ of the United Nations, and epitomizes the very notion of international judicial institution. Yet, it decides inter-State disputes only with the parties' consent. This makes it more similar to international arbitral tribunals than other international courts. However, the permanent nature of the Court, the predetermination of procedural rules by the Statute and the Rules of Court, the public character of proceedings, the opportunity for third States to intervene in a case under Articles 62 and 63 of the Statute and the Court's role as the principal judicial organ of the United Nations mark a structural difference between the ICJ and non-institutionalized international arbitral tribunals. This book analyses if and to what extent these features have influenced the approach of the ICJ (and of the PCIJ before it) to its own judicial function and have led it to depart from the principles established in international arbitration.

Judicial Power in a Globalized World - Liber Amicorum Vincent De Gaetano (Hardcover, 1st ed. 2019): Paulo Pinto De Albuquerque,... Judicial Power in a Globalized World - Liber Amicorum Vincent De Gaetano (Hardcover, 1st ed. 2019)
Paulo Pinto De Albuquerque, Krzysztof Wojtyczek
R5,280 Discovery Miles 52 800 Ships in 18 - 22 working days

This book explores fundamental topics concerning the functioning of the judiciary. The authors - class scholars, international judges and jurists from a diverse range of countries - address general theoretical issues in connection with judicial power, the role and functioning of international courts, international standards concerning the organization of national judiciaries, and the role of domestic courts in international relations, as well as alternative means of settling disputes. The book contributes a novel and valuable global perspective on burning issues, especially on judicial power and independence in a time in which illiberal and authoritarian regimes are constantly seeking to diminish the role of the judiciary.

International Dispute Resolution - Selected Issues in International Litigation and Arbitration (Hardcover, 1st ed. 2018): Vesna... International Dispute Resolution - Selected Issues in International Litigation and Arbitration (Hardcover, 1st ed. 2018)
Vesna Lazic, Steven Stuij
R2,489 Discovery Miles 24 890 Ships in 10 - 15 working days

The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution. The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazic is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume.

Arbitration and Human Rights - Approaches to Excluding the Annulment of Arbitral Awards and Their Compatibility with the ECHR... Arbitration and Human Rights - Approaches to Excluding the Annulment of Arbitral Awards and Their Compatibility with the ECHR (Hardcover, 1st ed. 2020)
Toms Krumins
R4,055 Discovery Miles 40 550 Ships in 18 - 22 working days

This book presents a creative synthesis of two ostensibly disparate fields of law - arbitration and human rights. More specifically, it focuses on various legislative approaches to excluding the annulment of arbitral awards (setting-aside proceedings) at the seat of arbitration and evaluates the compatibility of such approaches with the European Convention on Human Rights (ECHR), in particular the right to a fair trial under Article 6(1). The book first assesses the applicability and impact of the ECHR, in particular Article 6(1), on international commercial arbitration. It then analyses a number of legislative approaches to excluding setting-aside proceedings, focusing on two synergetic phenomena - exclusion agreements and the total lack of setting-aside proceedings in national arbitration law. Lastly, the book investigates to what extent the lack of setting-aside proceedings in national arbitration law may lead to a violation of arbitrating parties' right to a fair trial under Article 6(1), and puts forward certain de lege ferenda recommendations on how to best approach the regulation of setting-aside proceedings in national arbitration law from the standpoint of compliance with the ECHR.

Private International Law - South Asian States' Practice (Hardcover, 1st ed. 2017): Sai Ramani Garimella, Stellina Jolly Private International Law - South Asian States' Practice (Hardcover, 1st ed. 2017)
Sai Ramani Garimella, Stellina Jolly
R7,139 Discovery Miles 71 390 Ships in 10 - 15 working days

This book shows how, with the increasing interaction between jurisdictions spearheaded by globalization, it is gradually becoming impossible to confine transactions to a single jurisdiction. Presented in the form of a compendium of essays by eminent academics and practitioners in the field, it provides a detailed overview of private, international law practice in South Asian nations, addressing contemporary discourse within this knowledge domain. Conflict of laws/private international law arises from the universal acknowledgment that it is difficult to govern human transactions solely by the local law. The research presented addresses the three major threads of private international law - jurisdiction, choice of law and enforcement - within each of the South Asian countries in the areas of family law and commercial law. The research in family law domain includes traditional areas such as marriage, divorce and maintenance, as well as some of the contemporary concerns in this region - inter-country child retrieval, surrogacy, and the country statement on accession to the Hague Conventions related to this domain. In commercial law the research explores the concerns raised with regard to choice of law issues in transnational contracts, and also enforcement of foreign judgment/arbitral awards in the nations of this region.

State-to-state Arbitration based on International Investment Agreements - Scope, Utility and Potential (Hardcover, 1st ed.... State-to-state Arbitration based on International Investment Agreements - Scope, Utility and Potential (Hardcover, 1st ed. 2021)
Angshuman Hazarika
R3,353 Discovery Miles 33 530 Ships in 18 - 22 working days

This book discusses the use of the compromissory clause in international investment agreements (IIAs) for interstate dispute resolution. It puts forward the possibility of using state-to-state arbitration based on the compromissory clause in IIAs as an alternative means of resolving investment disputes in light of the global debate on the shortcomings of investor-state arbitration. The book's main conclusion is that state-to-state arbitration may be used as an alternative to currently popular investor-state arbitration by resolving procedural hurdles which impede its acceptance. It becomes more important with the removal of investor-state arbitration as an option in certain recent IIAs, which then elevates state-to-state arbitration as the sole option for binding third party dispute resolution in the treaty. Even then, it is unlikely to replace investor-state arbitration completely due to its inherent shortcomings, such as the risk of re-politicising disputes and a lack of direct control over the process for the affected investors. Nevertheless, the availability of an alternative forum will benefit all parties involved, as they will no longer be wholly dependent on investor-state arbitration, which can be affected by events such as denunciation from the ICSID Convention or the refusal of a host state to enforce an arbitration award.

Standard-Setting Organisations' IPR Policies - Intellectual Property and Competition Issues (Hardcover, 1st ed. 2022):... Standard-Setting Organisations' IPR Policies - Intellectual Property and Competition Issues (Hardcover, 1st ed. 2022)
Manveen Singh
R3,798 Discovery Miles 37 980 Ships in 18 - 22 working days

This book offers a unique insight into the world of standard-setting organizations (SSOs)' IPR policies and the role they play in balancing the interests of innovators and implementers, vis-a-vis the development of standards. Since the beginning of the 21st century, there have been quite a few questions asked of the SSOs as to the legality of their IPR policies and the enforceability of disclosure and licensing obligations enshrined therein. That, coupled with disagreements over the appropriate royalty rate and royalty base, has resulted in extensive litigation between innovators and implementers, especially across the Atlantic. The Book, in keeping the USA and EU as the two primary jurisdictions, offers a comprehensive analysis of the disclosure and licensing obligations under SSO IPR policies, with strong theoretical foundations justifying their imposition. More specifically, it offers a bird's eye view of the various facets of disclosure and licensing, ranging from non-disclosure and transparency on one hand, to the determination of FRAND on the other. While much has been said about the benefits arising out of collaborative standard-setting, disputes involving SEP licensing have not been limited to the courts, and have attracted a significant amount of scrutiny by competition/antitrust agencies. The Book provides an elaborate account of the anti-competitive concerns surrounding standard-setting, and further documents the role of courts and competition agencies in ensuring good faith licensing negotiations between the SEP holders and implementers. Despite largely focusing on SEP licensing disputes in the USA and EU, the Book also offers a dedicated chapter on standard-setting in the Indian context. The readers are presented with an in-depth discussion on the contrasting approaches adopted by the courts and the Competition Commission of India (CCI), in addressing disputes involving SEPs. The said discussion is supplemented by a careful analysis of the SEP licensing guidelines to have emerged out of other implementer-oriented economies like China and Japan. By doing so, the Book offers readers the opportunity to study and compare the SEP licensing framework in developed, as well as developing economies. SSO IPR policies play an integral role in the development of standards, and with technologies such as the Internet of Things and 5G knocking on the doors, the Book makes for a valuable study on the nuances of standard-setting through the lens of SSOs, and will find takers among a wide reader base of students, researchers, academics, law practitioners, corporates, and policy makers.

How Parties Experience Mediation - An Interview Study on Relationship Changes in Workplace Mediation (Hardcover, 1st ed. 2019):... How Parties Experience Mediation - An Interview Study on Relationship Changes in Workplace Mediation (Hardcover, 1st ed. 2019)
Timea Tallodi
R2,690 Discovery Miles 26 900 Ships in 18 - 22 working days

This book presents an unprecedented qualitative research study on relational changes in mediation with a truly interdisciplinary outset, drawing on the literature on psychology, alternative dispute resolution and business. Mediation's potential to induce changes in parties' relationships as an advantage of the process is commonly mentioned in the literature. However, despite its being a key to reconciliation, relational changes in mediation has not yet been a topic of foundational and fine-grained qualitative enquiry. As the first study in the literature, this research uses in-depth interviews with mediation parties and the qualitative methodology of interpretative phenomenological analysis in order to explore participants' lived experiences. The phenomenological stance ensures a particularly rich data set and a nuanced interpretative analysis. This pioneering piece of research seeks to enter mediation parties' true experiences as closely as possible, moving beyond pre-existing theoretical, quantitative and large-scale qualitative explorations. The themes are discussed in the context of theory, research and practice. Therefore, this book advances knowledge about mediation both in theoretical and practical terms. Innovative conclusions and recommendations are provided for developing mediation practice, mediation training programmes, and further research.

The Border Dispute Between Croatia and Slovenia - The Stages of a Protracted Conflict and Its Implications for EU Enlargement... The Border Dispute Between Croatia and Slovenia - The Stages of a Protracted Conflict and Its Implications for EU Enlargement (Hardcover, 1st ed. 2021)
Thomas Bickl
R3,387 Discovery Miles 33 870 Ships in 18 - 22 working days

This book re-constructs the evolution of the border conflict between Croatia and Slovenia. The aim is to reveal the processes at work, the historical and contemporary circumstances, and the strategies and motives of the actors involved. The book highlights the roles of the European Union and of judicial third parties in the management of the conflict. Further, it considers the precedent-setting value of the Slovenian-Croatian conflict, the attempts at its resolution, and what they mean for the ongoing and prospective EU enlargement in South East Europe. Internal documents and interviews are at the heart of this process-tracing analysis, which discusses the third-party roles of the European Commission and the EU Council Presidency in 2008/2009 as a mediator-facilitator in the drafting stages of the arbitration agreement, and the judicial work of the arbitration tribunal and the EU Court of Justice. Lastly, the book offers policy recommendations on how to strengthen dispute resolution and solve current bilateral issues in the EU accession process.

Litigation Communication - Crisis and Reputation Management in the Legal Process (Hardcover, 2014 ed.): Thomas Beke Litigation Communication - Crisis and Reputation Management in the Legal Process (Hardcover, 2014 ed.)
Thomas Beke
R3,285 Discovery Miles 32 850 Ships in 10 - 15 working days

The book is a brief journey through centuries and jurisdictions and expands on examples of enactment practices of states that support, challenge or even reject communication during pending litigations. England, as the main representative of a jurisdiction, suggests communication solutions potentially different than the practice in the United States where litigation communication first time occurred. Accordingly, the author offers a comprehensive analysis and detailed historical narrative of the positions of various jurisdictions in relation to communication in the legal process. As a kind of applied legal history, the book provides an exploration of historical events that were significant in a legal communication context and addresses their implications for modern enactments. The account looks at the history of regulations to allow a better understanding of the strict rules that have often been cited over the years support or restrict communication in the legal process. The author provides the reader with proper contexts on different judicial and communication considerations, as well as the collaboration of legal and public relations experts, in a particular form of crisis and reputation management, in the litigation process. As such, this book is an attempt to present an accurate and thoughtful account of the theory and history of litigation communication, which is directly relevant in various debates such as the work on the meaning and context of the Contempt of Court Act in England or the American First and Sixth Amendments in different centuries.

The Future of Civil Litigation - Access to Courts and Court-annexed Mediation in the Nordic Countries (Hardcover, 2014 ed.):... The Future of Civil Litigation - Access to Courts and Court-annexed Mediation in the Nordic Countries (Hardcover, 2014 ed.)
Laura Ervo, Anna Nylund
R4,843 Discovery Miles 48 430 Ships in 10 - 15 working days

This book offers an analysis of the current trends and developments in Nordic civil litigation and is divided into four main parts. In the first part a picture of the current civil litigation landscape is provided by focusing on whether there is a truly Nordic form of civil litigation, the current state of Nordic civil litigation, the recent major reforms of civil procedure legislation and the effects of Europeanization. In the second part, the way rules on court-connected mediation have been implemented and practiced in the Nordic countries is discussed. The authors offer their insights on why court-connected mediation has not been fully embraced by Nordic lawyers and the Nordic approach to this type of mediation is contrasted with the Austrian and German approaches. In the third part, recent developments affecting access to justice in the Nordic countries are discussed. Among the topics are changes in legal aid schemes, the impact of recent civil procedure law reforms, hindrances for larger companies to use litigation as a method of dispute resolution and differences in costs and delays. Additionally, Alternative Dispute Resolution and Class or Group Actions are explored as methods to enhance access to justice. The potential adverse effects of Alternative Dispute Resolution and Group Actions are also examined, both in a Nordic and European context. In the final part, conclusions are drawn from both historical and future-oriented perspectives.

Yearbook of International Sports Arbitration 2018–2020 (Hardcover, 1st ed. 2024): Antoine Duval, Antonio Rigozzi Yearbook of International Sports Arbitration 2018–2020 (Hardcover, 1st ed. 2024)
Antoine Duval, Antonio Rigozzi
R3,356 Discovery Miles 33 560 Ships in 18 - 22 working days

The Yearbook of International Sports Arbitration is the first academic publication aiming to offer comprehensive coverage, on a yearly basis, of the most recent and salient developments regarding international sports arbitration, through a combination of general articles and case notes. The present volume covers decisions rendered by the Court of Arbitration for Sport (CAS) and national courts between 2018-2020.  It is a must-have for sports lawyers and arbitrators, as well as researchers engaged in this field. It provides in-depth articles on important issues raised by international sports arbitration, and independent commentaries by academics and practitioners on the most important decisions of the CAS and national courts of the year, and in this particular case of the years 2018-2020. Dr. Antoine Duval is Senior Researcher at the T.M.C. Asser Instituut in The Hague and heads the Asser International Sports Law Centre. Prof. Antonio Rigozzi teaches international arbitration and sports law at the University of Neuchâtel, Switzerland, and is the partner in charge of the sports arbitration practice at Lévy Kaufmann-Kohler, a Geneva-based law firm specializing in international arbitration.

Fifty Years of the British Indian Ocean Territory - Legal Perspectives (Hardcover, 1st ed. 2018): Stephen Allen, Chris Monaghan Fifty Years of the British Indian Ocean Territory - Legal Perspectives (Hardcover, 1st ed. 2018)
Stephen Allen, Chris Monaghan
R3,085 Discovery Miles 30 850 Ships in 10 - 15 working days

This book offers a detailed account of the legal issues concerning the British Indian Ocean Territory (Chagos Islands) by leading experts in the field. It examines the broader significance of the ongoing Bancoult litigation in the UK Courts, the Chagos Islanders' petition to the European Court of Human Rights and Mauritius' successful challenge, under the UN Convention of the Law of the Sea, to the UK government's creation of a Marine Protected Area around the Chagos Archipelago. This book, produced in response to the 50th anniversary of the BIOT's founding, also assesses the impact of the decisions taken in respect of the Territory against a wider background of decolonization while addressing important questions about the lawfulness of maintaining Overseas Territories in the post-colonial era.The chapter 'Anachronistic As Colonial Remnants May Be...' - Locating the Rights of the Chagos Islanders As A Case Study of the Operation of Human Rights Law in Colonial Territories is open access under a CC BY 4.0 license via link.springer.com.

International Commercial Arbitration and the Commercial Agency Directive - A Perspective from Law and Economics (Hardcover, 1st... International Commercial Arbitration and the Commercial Agency Directive - A Perspective from Law and Economics (Hardcover, 1st ed. 2017)
Jan Engelmann
R4,017 Discovery Miles 40 170 Ships in 10 - 15 working days

This book investigates the tensions between EU law and international commercial arbitration, i.e. tensions between two phenomena at opposite ends of the public to private ordering continuum. It focuses on the Commercial Agents Directive's regime for indemnity and compensation as one of the most frequent source of these tensions. To mitigate the consequential problems, the book proposes and describes a comprehensive framework for a preferable system of reviewing arbitration agreements and arbitral awards. To this end, it explores the prerequisites of this system through comparative legal analysis of the German, Belgian, French and English systems of review, an assessment of the observable aspects of arbitral practice, game theoretical analysis of the arbitral process, and microeconomic analysis of the cross-border market for commercial agency.

More Disputes and Differences - Essays on the History of Arbitration and its Continuing Relevance (Hardcover): Derek Roebuck More Disputes and Differences - Essays on the History of Arbitration and its Continuing Relevance (Hardcover)
Derek Roebuck
R1,011 Discovery Miles 10 110 Ships in 10 - 15 working days

More Disputes and Differences: Essays on the History of Arbitration and its Continuing Relevance, is the last volume worked on by Derek Roebuck, though not quite completed before his death in 2020. It has, therefore, been prepared for publication by his widow, and sometimes co-author, women's historian Susanna Hoe. It comprises articles, lectures and chapters dating from his 2010 volume Disputes and Differences: Comparisons in Law, Language and History. But, whereas the chapters of that earlier, thematic work were quite disparate, this book, particularly in part 1, 'The Past', encompasses the history of arbitration and mediation from prehistory to the early nineteenth century. What makes this volume particularly interesting is that it is possible, as chapter follows chapter, to deduce which of Derek Roebuck's multi-volume histories he was working on at the time, and what other works he was reading or hearing then. This is illustrated by the last essay in Part 1 - 'A Pinch of Reality: Private Dispute Resolution in 18th Century England (2019)'. Part 2 - 'Past, Present and Future' (2013) - starts with 'The Future of Arbitration' (2013) which embodies just that, ending with 'Keeping an Eye on Fundamentals' (2012). Part 3 - 'Language, Research and Comparison', features works that bow to the author's particular interests and their connection to arbitration and its history. And he had a rule that, where possible, he would suggest what research still needed to be done, hence 'ADR in Business: Topics for Research' (2012). The final chapter - 'Return to that Other Country: Legal History and Comparative Law' (2019) - one of the last pieces written, says it all.

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