This is the first text to provide a comprehensive rule-by-rule commentary of the inception, interpretation, and application of the SIAC Rules, written by practitioners with extensive experience in South East Asia arbitrations . Practical and strategic in approach, this book provides useful guidance for practitioners whilst also delivering commentary and thematic analysis to highlight the connections between the SIAC rules and those of other institutions. The book begins with an introduction to Singapore arbitration, both practical and legal, and is followed by an overview of SIAC arbitration, including the different stages of a typical case and the corporate structure of SIAC. Every rule is then examined in detail on a thematic basis, starting with the commencement of an arbitration and working up to and including the rendering of an award and the determination of costs. This new edition has been fully updated to include the 2016 SIAC Rules, and also contains additional chapters on the new rules on multiple contracts, consolidation, and joinder, the early dismissal of claims and defences, and the SIAC Investment Arbitration Rules (2017). Relevant supporting documents are appended, including SIAC Practice Notes and the SIAC Code of Ethics for Arbitrators. This book stands alone as a comprehensive exposition of SIAC arbitration, and is indispensable for any practitioner involved in arbitration in Asia.

This work represents a broad-based perspective of the conflict resolution process. While related books have tended to specialize on specific settings, this volume gives in-depth treatment of four various settings--environmental risk resolution, rule-making in the public sector, consumer disputes, and contracts and the courts. It also examines future models for resolving disputes. With its contributions from both practitioners and theorists in the art/science of conflict resolution, this volume properly emphasizes the important role that public policy plays in the settlement of societal conflict.

The first section of the book deals with dispute resolution related to environmental issues. Articles in this section address negotiations in the area of hazardous waste, present a review of the timber, fish, and wildlife policy negotiations of Washington State, and examine environmental regulation in the Reagan era. The second section focuses on consumer disputes in two areas--utilities and those exposed unwittingly to asbestos. The third section discusses contracts and the limitations of courts as a higher authority. The fourth section reviews negotiated rule-making in administrative settings. The final portion presents a modern approach to dispute resolution using decision-aiding software. This book serves as valuable reading for anyone interested in the interconnected fields of dispute resolution and public policy.

The book explores the definition and nature of guerrilla tactics in international commercial arbitration. It analyses various such tactics deployed (pre-Covid and during Covid times) and portrays them in a way that enables one to visualise how, and possibly why, they might be deployed. Attempts to codify ethical standards and rules regulating the behaviour of legal representatives in international arbitration are examined. The book covers a range of culture clashes, addresses several elephants in the room, and looks at factors inherent in the arbitral process that create opportunities and increase temptations to misbehave. It considers the remedies and sanctions available in international arbitration and compares them to those available to the courts in civil litigation. In addition to recommendations for future research, the book offers solutions to curb the problem in line with party autonomy and with a critical analysis. "This manuscript is an essential solutions-based text that not only addresses a comprehensive range of modern-day guerrilla tactics in international commercial arbitration but also offers thoughtful methods to deal with the shenanigans that parties may bring to the arbitral process." - Chiann Bao, Independent Arbitrator, Arbitration Chambers and Vice President of the International Chamber of Commerce, Court of Arbitration "Dr. Ahuja's book is a thoughtful and highly practical contribution to the study of procedures in international commercial arbitration. It is replete with scholarly analysis, careful treatment of authority, pragmatic insights and policy discussions. Any practitioner or student of international arbitration would benefit from this volume." - Gary Born, Author, International Commercial Arbitration (3d ed. 2021) "A highly readable and informative book which identifies and analyses the numerous guerrilla tactics parties may attempt to deploy in international commercial arbitration, the factors which may encourage such behaviour, and practical mechanisms to keep the proceedings on track. Both erudite and practical, this book is a must-read for parties, counsel and arbitrators alike." - Prof. Benjamin Hughes, Independent Arbitrator, The Arbitration Chambers "Guerrilla tactics are a pertinent problem in arbitration. Dr. Ahuja's well written book not only describes the various tactics in a succinct way but provides extremely useful guidance on how to tackle them. It will be a primary source of reference for every practitioner faced with such tactics." - Prof. Dr. Stefan Kroell, Chairman of the Board of Directors of the German Arbitration Institute (DIS) "Taming the Guerrilla in International Commercial Arbitration offers a refreshingly candid and balanced discussion of 'sharp practices' in international arbitration. The book collects a wealth of information on guerrilla tactics previously only available in separate survey reports, articles, and guidelines on the topic. It additionally includes a chapter addressing tactics deployed in virtual or remote arbitrations due to the Covid-19 pandemic. The comprehensive research and analysis presented in this book make it a valuable resource to counsel, parties, arbitrators, academics, and those who deliver practical arbitration training. A must-read for those who want to better understand the practices that may lead some to disfavor arbitration and ways the arbitration community can respond to guerrilla tactics to improve the arbitration process for all participants." - Dana MacGrath, Independent Arbitrator, MacGrath Arbitration "From an unreasoned fiat of a wise man who left both sides equally unhappy but resolved the disputes effectively, arbitration has evolved into a full-scale trial before a party chosen tribunal. Its informality and expedition puts in peril the fundamental right of the recalcitrant to delay proceedings. Dr. Ahuja has assiduously articulated the measures, aptly christened Guerrilla Tactics, used to disrupt and derail arbitrations. An indispensable read for the practitioner and an insightful treatise for the policy maker." - Harish Salve SA QC, Blackstone Chambers "This book shines a spotlight on arbitration's dark arts - guerrilla tactics. Dr Ahuja illuminates this shadowy world with excellent (and much needed) scholarship that is practice-based and useful for all stakeholders in arbitration. His examination of the root causes of this problem, recommendations on how to control it, comparisons with litigation practice and suggestions for future research marvellously combine to make this a work that is required to be consulted by all serious counsel, arbitrators, institutions and academics in the field of arbitration." - Romesh Weeramantry, Head, International Dispute Resolution, Centre for International Law, National University of Singapore

This book examines interactions and discusses intersectionality between public international law and private international law. With contributions from scholars from USA, Canada, Australia, India and EU, this book brings out truly international perspectives on the topic. The contributions are arranged in four themes-Public international law and private international law: historical and theoretical considerations of the boundary; Harmonisation of private international law by public international law instruments: evaluation of process, problems, and effectiveness; Case studies of intersectionality between public international law and private international law; Future trends in the relationship between public international law and private international law. The ultimate aim of this book is to analyse whether these two legal disciplines become convergent or they are still divergent as usual. With wide coverage spanning across these four themes, the book has takeaways for a wide readership. For scholars and researchers in the fields of public international law and private international law, this book sparks further thoughts and debates in both disciplines and highlight areas for continuing research. For practitioners, this book offers fresh insights and perspectives on contemporaneous issues of significance. This book is also be a great resource for students at both undergraduate and postgraduate levels taking subjects such as public international law or private international law or some related disciplines such as international sale of goods, international trade law or international investment law to advance their knowledge and understanding of the disciplines.

Addressing the link between commercial arbitration and other fields of law, this study examines this interaction through the applicable laws and provisions in England, France, Germany, the Netherlands and the United States. As a component in the identification and scrutiny of the relationship between insolvency proceedings and commercial arbitration, the nature and character of both types of proceedings are assessed, and the applicable terminology is explained. The questions probed include whether the commencement of insolvency proceedings may influence other legal proceedings; what importance the provisions of insolvency may have for commercial arbitration, as seen from the point of view of national courts exercising their support and supervisory roles in arbitration; and to what extent the solutions in the legal systems covered converge or differ, and why. The author examines a wide range of specific aspects in the contexts of both domestic and international arbitration, including arbitration-agreement validity, arbitrability, public policy, the presentation of parties, and due process. Throughout the work, introductions and conclusions serve as overviews of particular components of the study, and set out the observations drawn. An overall summary and conclusion section crystallizes the points made.

This book examines how local cultures affect the interpretation of international human rights law. This book explores the Islamic legal system in its approach to the concept of guardianship and, more specifically, the approach of the Libyan legal system through a study of existing legislation and Libyan High Court (LHC) interpretation as revealed in its decisions. This book aims to show how the cultural background affects the interpretation of international human rights in domestic legal systems. This book makes a worthy contribution to promoting greater understanding of the cultural dimensions in operation in both the formulation and particularly the application of international law in Libya as elsewhere. This is an area of research which is, as a whole, one worthy of further development and examination. The book includes case analysis of important Libyan High Court rulings which have been gathered by the author and officially translated, analysed, and discussed from the three lenses namely; Libyan Law, Islamic Law, and International Law. In turn, this book is the first of its kind and unique in the field of Islamic and International Law. This book also includes detailed analysis of the correspondence between the Libyan High Court and the UN Committee on the Rights of the Child. Further, this book provides solutions and comprehensive and practical recommendations that satisfy both International standards and local Islamic and Libyan culture. This is an ever evolving and a current area of interest internationally, this unique book enriches the field and continues the conversation and provides practical sustainable solutions.

This open access book introduces adaptive mediation as an alternative approach that enables mediators to go beyond liberal peace mediation, or other determined-design models of mediation, in the context of contemporary conflict resolution and peace-making initiatives. Adaptive mediation is grounded in complexity theory, and is specifically designed to cope with highly dynamic conflict situations characterized by uncertainty and a lack of predictability. It is also a facilitated mediation process whereby the content of agreements emerges from the parties to the conflict themselves, informed by the context within which the conflict is situated. This book presents the core principles and practices of adaptive mediation in conjunction with empirical evidence from four diverse case studies - Colombia, Mozambique, The Philippines, and Syria - with a view to generate recommendations for how mediators can apply adaptive mediation approaches to resolve and transform contemporary and future armed conflicts.

This book represents a comparative study of Third Party Funding (TPF) and its regulation in England, Hong Kong, Singapore, the Netherlands and the Mainland of China. It provides a general review of the background in which TPF grows and the platform where third party funders are allowed to operate. In each and every chosen jurisdiction, the book analyses the legal risks related to TPF, the regulatory measures and the questions surrounding the challenges that lay ahead. This book is featured by the empirical study of the Chinese TPF market. As of the time of this writing, TPF activities operating in China have not been expanded upon in English or Chinese literature. The language barrier may be one reason. The lack of empirical materials may also contribute to this situation. In order to obtain some first-hand evidence of the TPF market in China, the author conducted empirical research in Shenzhen, with the assistance of Chinese third party funders and some local organizations and authorities. The empirical study took the form of questionnaire surveys. The first survey saw in total 175 responses, and the second saw 18 responses. Due to the fact that many funding arrangements for commercial disputes are kept in the dark, it is hard, if not impossible, to measure the size of the Chinese TPF market. This study provides a dataset that serves a humble purpose; namely to offer an insight into the Chinese TPF market, rather than to grasp the full picture of the industry.

Mediators have long debated whether "evaluative mediation," the kind commonly practiced by retired judges and others who frequently mediate in the context of litigation, should be called mediation. The crux of that debate concerns whether evaluations by the mediator undermine party self-determination. Simon and West's book is intended to advance the conversation beyond the question of evaluation to include subtler ways in which mediators may undermine or support self-determination. Self-determination is a principle that distinguishes mediation from other forms of dispute resolution and is a topic taught in most introductory mediator training courses. Discussions generally focus on the experience of participants and the techniques employed to nurture and safe-guard self-determination. Much of the writings that touch on self-determination talk about the techniques and strategies mediators use in order to support party self-determination. Uniquely, Tara West and Dan Simon follow a different path. They too are interested in the methods used by mediators, but what distinguishes their book is their examination of the mediator's decision-making process. In a step-by-step exploration, they show first how mediators assess the situation, then generate a possible explanation for the parties' attitudes, behaviors and ways of communicating, and finally choose an approach intended to encourage party self-determination. As part of examining the mediators thought process, the authors also describe how, in generating an explanation, mediators purposefully examine their own reactions to the parties as well as their own beliefs and theories. In this, they show how beliefs influence action-a key aspect of reflective practice. In the practice examples they explore throughout the book, the authors also emphasize the importance of and methods for learning from and through experience.

Mediators have long debated whether "evaluative mediation," the kind commonly practiced by retired judges and others who frequently mediate in the context of litigation, should be called mediation. The crux of that debate concerns whether evaluations by the mediator undermine party self-determination. Simon and West's book is intended to advance the conversation beyond the question of evaluation to include subtler ways in which mediators may undermine or support self-determination. Self-determination is a principle that distinguishes mediation from other forms of dispute resolution and is a topic taught in most introductory mediator training courses. Discussions generally focus on the experience of participants and the techniques employed to nurture and safe-guard self-determination. Much of the writings that touch on self-determination talk about the techniques and strategies mediators use in order to support party self-determination. Uniquely, Tara West and Dan Simon follow a different path. They too are interested in the methods used by mediators, but what distinguishes their book is their examination of the mediator's decision-making process. In a step-by-step exploration, they show first how mediators assess the situation, then generate a possible explanation for the parties' attitudes, behaviors and ways of communicating, and finally choose an approach intended to encourage party self-determination. As part of examining the mediators thought process, the authors also describe how, in generating an explanation, mediators purposefully examine their own reactions to the parties as well as their own beliefs and theories. In this, they show how beliefs influence action-a key aspect of reflective practice. In the practice examples they explore throughout the book, the authors also emphasize the importance of and methods for learning from and through experience.

Today, international commercial disputes regularly involve multiple parties, contracts, and issues. As a result, the number of disputes that are tried in two or more different forums has increased, giving rise to difficult issues regarding the conclusive and preclusive effects of prior judgments or awards. As a result, the doctrine of res judicata , which requires that a final decision by a court or arbitral tribunal be conclusive and that it should not be re-litigated, is of increasing significance. Dr Silja Schaffstein provides the first practical and comprehensive guidelines for matters of res judicata for international commercial arbitration practitioners. Structured in two parts, part one examines the doctrine of res judicata in domestic and international litigation, while part two determines whether and how the res judicata doctrine may be applied by international commercial arbitral tribunals. Dr Schaffstein identifies situations in which res judicata issues are likely to arise before international commercial arbitral tribunals and provides actionable solutions. The book determines the key features of the doctrine of res judicata in the laws of England, the United States, France, and Switzerland, as representative of the common law system on the one hand and the civil law system on the other hand. The book also presents the doctrine of res judicata in the context of private international law, alongside its crucial aspects and application in public international law by international courts and tribunals. The aim of the work is to demonstrate how transnational principles of res judicata should be elaborated for international commercial arbitral tribunals. The analysis looks at how the doctrine should be applied by international commercial arbitral tribunals in their relations with other arbitral tribunals or state courts, and within the arbitral proceedings pending before them. The work sets out the transnational principles in the form of guidelines for international arbitrators.

As judiciaries advance, exploring how court mediation programs can provide opportunities for party-directed reconciliation whilst ensuring access to formal legal channels requires careful investigation. Court Mediation Reform explores comparative empirical findings in order to examine the association between court mediation structure and perceptions of justice, efficiency and confidence in courts. This unique study draws on an eighty-three person survey as well as case studies from ten global mediation jurisdictions including Australia, France, Hong Kong, India, and the United States. Given the highly contextual nature of court mediation programs, the book highlights the achievements, challenges and lessons learned in the implementation of mediation programs for general civil claims. In so doing, the study identifies that positive achievements are largely dependent on multiple factors including the functioning of the civil litigation system, the capacities of the mediators, safeguards against bias, participant education, and cultural and institutional support. This book will be of interest to both scholars and practitioners of law, civil justice, mediation, comparative law and dispute resolution. It will also be of use to judiciaries and policy makers looking to advance court mediation programs.

A selection of cases decided by ICC arbitrators during the period 1991-1995. It reproduces case notes including extracts of awards in their original language with a commentary, as well as three indexes - an analytical and chronological one, and a keyword index in English and French - for easy reference. This reference should be of value to all interested in ICC arbitration procedure and ICC awards applying the various laws of a variety of trading nations.

This book discusses the reform and improvement of Chinese legislation on Privately Financed Infrastructure Projects (PFIPs), the goal being to help its implementation in China satisfy international standards. In this regard, current Chinese laws are found to be insufficient when it comes to reducing risks to PFIPs, due to certain shortcomings. Therefore, the corresponding legislation must be reformed and improved.The Legislative Guide and Model Provisions drafted by UNCITRAL are discussed as the international standards that can effectively guide this reform; other countries' laws on PFIPs provide supplementary reference material.Given the rapid rise in the use of PFIPs in China, this book offers a strong theoretical basis for improving Chinese legislation. It also provides general suggestions that can be applied to the reform of laws on PFIPs in any country.

International Arbitration: Issues, Perspectives and Practice is a three-part compendium of contributions annotated to reflect Neil Kaplan’s over 40-year career as a Judge of the Supreme Court of Hong Kong. Neil is widely referred to as the ‘father of arbitration in Hong Kong’ who has gone on to become one of the members of the upper echelons of the ‘great and the good’ of international arbitration.

On the occasion of his 75th birthday, Neil Kaplan’s unparalleled influence in the field of international arbitration is celebrated in this book which comprises contributions from over twenty-five renowned international arbitration practitioners, all of whom credit Kaplan as having impacted the development of arbitration in their respective jurisdictions or professionally.

The use of third-party funding in the UK has been increasing and has moved into the mainstream as a funding option for clients involved in litigation, particularly following on from the positive endorsement of litigation funding by Lord Justice Jackson in his Review of Civil Litigation Costs where he said: 'I remain of the view that, in principle, third-party funding is beneficial and should be supported.'. This has now culminated in the formation of the Association of Litigation Funders to monitor compliance and the launch of the Code of Conduct for those funding in England and Wales. This practical guide to litigation funding provides the first comprehensive one-stop third-party funding reference to help practitioners in preparation for seeking funding and in their decision making. It examines the impact of the Jackson Reforms and Damages Based Agreements as well as the Code of Conduct and the Association of Litigation Funders. It would also include practical examples and a review of notable cases, including the important decisions of Gulf Azov Shipping, Arkin, London & Regional and Merchantbridge and their impact on funders, solicitors, and clients.

Contains the procedural decisions rendered by ICC arbitrators, from 1993-1996, published in a single volume. In addition to providing procedural decisions in their original language, this book includes commentaries on the decisions, key words in both English and French, and explanatory notes of interest in English. Two indexes guide the reader to points of specific interest. The analytical index, provided in both English and French, is based on terminology used in decisions and case notes, while the table of cross-referenced cases provides citations to the Journal du Droit International. A bibliography, and tables containing the judicial and arbitral authorities cited, provide useful reference information. Furthermore, the ICC and UNCITRAL Arbitration Rules, as well as the IBA Rules on Evidence, are included in the collection, providing the reader with the full range of materials regarding the conduct of international arbitration. This collection should prove a useful reference work for anyone seeking to be informed about the conduct of international arbitration.

This is a guide to and commentary on the new procedural rules for arbitration adopted by the Permanent Court of Arbitration (PCA) in December 2012. The PCA is a unique arbitral institution - an intergovernmental organization counting over one hundred member states - with a rapidly growing annual caseload of arbitrations involving various combinations of states, state entities, intergovernmental organizations, and private parties. The 2012 PCA Rules are the most recent set of arbitral rules from any institution, and constitute a consolidation of four sets of PCA Rules drafted in the 1990s, and updated in light of PCA experience and the revision of other procedural regimes. They include special provisions adapted to arbitrations involving public entities and a number of novel provisions drafted on the basis of the PCA's experience administering arbitrations. In recent years, the PCA caseload has expanded to the extent that the total amount in dispute in PCA cases is estimated to be greater than that in any other arbitral institution, increasing the need for a comprehensive guide to arbitration under its auspices. This text benefits from the unparalleled insights of its three co-authors, all of whom are PCA lawyers, one of whom is the Deputy Secretary-General of the PCA, and a member of the drafting committee for the 2012 PCA Rules. An introductory chapter, describing the mandate for the revised rules from the PCA member states, as well as the drafting process itself, is followed by a rule-by-rule analysis following the familiar structure of the rules themselves. This analysis is split into four sections: the introductory rules; the composition of the arbitral tribunal; arbitral proceedings; and the award. The comprehensive appendices are intended to reduce the need for recourse to other materials and provide a stand-alone resource.

This book reviews for the first time some of the less frequently addressed actors in international investment law. Traditional studies concerning actors in international investment law have tended to focus on arbitrators, claimant investors and respondent states. This book explores transnational actors, such as UNCITRAL, the EU, international standardizing bodies, domestic and international courts and tribunals, etc., shedding light on their transnational activity and pluralistic role in international investment law.