This book centres on the ways in which the concept of imperativeness has found expression in private international law (PIL) and discusses "imperative norms", and "imperativeness" as their intrinsic quality, examining the rules or principles that protect fundamental interests and/or the values of a state so as to require their application at any cost and without exceptions. Discussing imperative norms in PIL means referring to international public policy and overriding mandatory rules: in this book the origins, content, scope and effects of both these forms of imperativeness are analyzed in depth. This is a subject deserving further study, considering that very divergent opinions are still emerging within academia and case law regarding the differences between international public policy and overriding mandatory rules as well as with regard to their way of functioning. By using an approach mainly based on an analysis of the case law of the CJEU and of the courts of the various European countries, the book delves into the origin of imperativeness since Roman law, explains how imperative norms have evolved in the different conceptions of private international law, and clarifies the foundation of the differences between international public policy and overriding mandatory rules and how these concepts are used in EU Regulations on PIL (and in the practice related to these sources of law). Finally, the work discusses the influence of EU and public international law sources on the concept of imperativeness within the legal systems of European countries and whether a minimum content of imperativeness - mainly aimed at ensuring the protection of fundamental human rights in transnational relationships - between these countries has emerged. The book will prove an essential tool for academics with an interest in the analysis of these general concepts and practitioners having to deal with the functioning of imperative norms in litigation cases and in the drafting of international contracts. Giovanni Zarra is Assistant professor of international law and private international law and transnational litigation in the Department of Law of the Federico II University of Naples.

This revised text provides a practical guide to the law relating to all aspects of costs in arbitration proceedings. The Arbitration Act 1996, has made significant changes to the law on arbitration costs. These have, among other things, made arbitrators responsible for the cost-effective management of cases, and given them new powers to help them achieve this. In its second edition, "Costs in Arbitration Proceedings" has been updated to include sections on: agreements as to costs; the arbitrator's power to limit costs; and forms and precedents. It sets out the law of costs for the parties and of the parties, the arbitrators' fees, taxation of costs, and security for costs, costs implications of offers of settlement and application to the court in repect of costs. It is suitable for professional arbitration lawyers and also for the new or lay arbitrator.

When a dispute arises between a European or American firm and a Chinese business partner, this matchless source of expert guidance is exactly what a practitioner needs. It provides a lucid understanding of what kinds of disputes are likely to arise, why they arise, and exactly how to proceed with confidence toward a satisfactory resolution in post-WTO China. "Resolving Business Disputes in China" explores and discusses such issues and topics as the following: pertinent legislation and the commentary it has elicited; relevant jurisdictional rules covering arbitration, mediation, and other alternative dispute resolution (ADR) methods; drafting arbitration agreements; arbitration/mediation procedure; labour/employment arbitration; intellectual property infringement protection measures; anti-dumping measures, anti-subsidy and countervailing measures, and safeguard measures; structure of the court system; and judicial procedural standards and evidentiary rules. The book summarises cases that tend to establish points of law, linking them to corresponding legislation and presenting them according to the matter of the dispute (contractual, intellectual property, technology transfer, employment, and so on). Arbitration fee schedules and a list of arbitrators are also included. Western practitioners who deal with China, whatever the size of the enterprise they represent, need look no further than this incomparable book for the expert guidance they require. This title forms part of the "Asia Business Law Series". "The Asia Business Law Series" is published in cooperation with CCH Asia and provides updated and reliable practical guidelines, legislation and case law, in order to help practitioners, policy makers and scholars understand how business is conducted in the rapidly growing Asian market.

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.

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 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.

"Like many companies over the last few years, yours has probably done a great deal to reassess its physical, strategic, and financial vulnerabilities. But there is a huge difference between business continuity planning and true crisis management. Do your company and employees have the necessary ""IQ"" not only to withstand a crisis but also to come through it with strength and confidence?

Ian Mitroff, recognized around the world as an authority in crisis management, has created a plan that goes well beyond ""disaster preparedness"" to help your company get accustomed to working in the face of some unsettling facts:

* In an age of terror, cyberattacks, large-scale corporate fraud and more, crisis is no longer a question of if, but of when.

* Your company, no matter its size, industry, or location, is not immune from this reality.

* Your contingency planning will only be as effective as the human beings charged with putting it into action.

Mitroff outlines seven distinct competencies your organization needs to handle crises effectively:

* Right Heart (emotional IQ): By accepting crisis as an inevitability, you can process much of the shock and grief beforehand, and avoid making the effects of the crisis even worse through an unconstructive response.

* Right Thinking (creative IQ): ""Crises don't give a damn for the ways in which we have organized the world,"" so out-of-the-box thinking is essential.

* Right Social and Political IQ: Understand that your business is subject not only to the particular pitfalls of its industry, but also to the universal and complex challenges that threaten all companies.

* Right Integration (integrative IQ): Realize that crises are perceived differently by different stakeholders, and are never simple ""exercises"" that can be ""solved."" Identify and reconcile these perceptions now so that the path is clear when the crisis strikes.

* Right Technical IQ: ""Think like a controlled paranoid"" to uncover ways in which malicious forces could cause a crisis in your company. Question every assumption about what is ""normal,"" ""impossible,"" or ""absurd.""

* Right Aesthetic IQ: Reconsider the classic design of the corporation, which is meant to address problems as they arise, and move toward one in which crisis management is an overarching discipline on a par with, for example, finance.

* Spiritual IQ: Reject the notion that people's physical, mental, and spiritual beings are completely separate; recognize that crises cause us to question the very meaning of our lives and what we do, and establish ahead of time why our work is, and must remain, important to us on many different levels.

Although crisis management has taken on new urgency in recent turbulent times, the need for careful planning did not originate on September 11, 2001. Mitroff's examples, drawn from interviews conducted both after the 2001 attacks and during his 25-year career as an expert in crisis management, demonstrate the need for action -- and offer a blueprint for taking it."

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.

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.

The purpose of this book is to illuminate a theory of youth engagement in restorative justice that seeks to create systems change for more equitable schools. The authors define youth engagement in restorative justice as partnering with young people most impacted by structural injustice as changemakers in all aspects of restorative practices including community building, healing, and the transformation of institutions. Based on Adam Fletcher's version of the Ladder of Youth Engagement, coupled with Barbara Love's model of liberatory consciousness and an analysis of youth engagement in Restorative Justice in three different regions--Western Massachusetts, Oakland, and Houston--the authors provide a theoretical contribution: Youth Engagement in Restorative Justice grounded in liberatory consciousness. In this book readers will find: Comparative case studies from different parts of the country of youth led restorative justice programs. An exploration of the cultural and historical context of each region to situate the work. Stories from the authors' own lives that provide context for their interest in the work given their varied racial identities (White, Black, Latinx, South Asian) and upbringing. Literature review of the language of youth engagement vs. youth leadership/youth organizing/youth participation, along with a new definition of youth engagement in restorative justice. Theoretical framing based on Adam Fletcher's Ladder of Youth Engagement, which provides a structure for the book. Exploration of how adults must combat adultism both individually and systematically as a prerequisite to doing this work. Student narratives. Applications of the work in the virtual context.

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.

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.

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.

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 explores engagement between the trade and investment law regimes and the extent to which this is being driven by Preferential Trade and Investment Agreements (PTIAs). It provides an empirical analysis of engagement between the two regimes using data from 60 PTIAs and 60 Bilateral Investment Treaties concluded between 2005-2019 to see whether PTIAs result in increased engagement and whether they are doing so over time. The book explores eight of the factors identified as evidencing inter-regime engagement. These chapters look at when engagement is appropriate and to what extent it is appropriate in relation to each of these areas. Based on the findings of this book's empirical and comparative law analysis of PTIAs, BITs, and the trade and investment law regimes, the book examines whether the conclusion of PTIAs compared to BITs has resulted in increased levels of engagement between the trade and investment law regimes. This book does not put forth the view that convergence between trade and investment is always appropriate, but provides recommendations as to how treaties may be formulated and interpreted in a manner that takes inter-regime engagement into account with a view to ensuring the harmonious simultaneous development of the two regimes. The question of the future direction for engagement between the trade regime and the investment regime is very topical in light of changes to the architecture of both regimes at present.

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.

This book focuses on underexploited data drawn from various legal disputes over the Doraleh Container Terminal in order to paint a portrait of SSC when it comes to infrastructure financing and construction in Africa as provided both by the UAE and China. By producing a detailed account of the drivers behind these disputes as well as the broader political outcomes they have generated, this study provides invaluable conceptual and empirical lessons on the contemporary meaning of SSC. In doing so, it helps readers garner a more acute understanding of the role played by Global South states and the private sector (SOEs) against the backdrop of SSC.

This book analyses the principle of equality from three perspectives: public international law, private international law and EU law. It is the first book in English providing a comprehensive overview of this principle in these areas of law and showing the current trends and issues concerning its application. Its main goal is to understand whether and to what extent the principle of equality has been affirmed in public and private international law, as well as EU law, and what - if any - the common core of this principle is.The analysis carried out in this contributed volume starts from general analyses of the principle of equality in the areas of the law covered by the book and then discusses the principle in more specific areas, such as human rights law, international adjudication (including investment law) and the law of international organizations. The book is intended to become a benchmark for academics dealing with matters of equality in public international law, private international law and EU law. It will be a useful tool for practitioners too, the collected chapters being based on the relevant case law dealing with the principle of equality. Daniele Amoroso is Professor of International Law in the Department of Law of the University of Cagliari, Cagliari, Italy. Loris Marotti is Assistant Professor of International Law in the Department of Law at the Federico II University of Naples, Italy. Pierfrancesco Rossi is Postdoctoral Fellow in International Law in the Department of Law of Luiss University, Rome, Italy. Andrea Spagnolo is Professor of International Law in the Department of Law of the University of Turin, Turin, Italy. Giovanni Zarra is Professor of International Law and International Litigation in the Department of Law at the Federico II University of Naples, Italy.