Negotiation, understood simply as "working things out by talking things through," is often anything but simple for Native nations engaged with federal, state, and local governments to solve complex issues, promote economic and community development, and protect and advance their legal and historical rights. Power Balance builds on traditional Native values and peacemaking practices to equip tribes today with additional tools for increasing their negotiating leverage. As cofounder and executive director of the Indian Dispute Resolution Service, author Steven J. Haberfeld has worked with Native tribes for more than forty years to help resolve internal differences and negotiate complex transactions with governmental, political, and private-sector interests. Drawing on that experience, he combines Native ideas and principles with the strategies of "interest-based negotiation" to develop a framework for overcoming the unique structural challenges of dealing with multilevel government agencies. His book offers detailed instructions for mastering six fundamental steps in the negotiating process, ranging from initial planning and preparation to hammering out a comprehensive, written win-win agreement. With real-life examples throughout, Power Balance outlines measures tribes can take to maximize their negotiating power-by leveraging their special legal rights and historical status and by employing political organizing strategies to level the playing field in obtaining their rightful benefits. Haberfeld includes a case study of the precedent-setting negotiation between the Timbisha Shoshone Tribe and four federal agencies that resolved disputes over land, water, and other natural resource in Death Valley National Park in California. Bringing together firsthand experience, traditional Native values, and the most up-to-date legal principles and practices, this how-to book will be an invaluable resource for tribal leaders and lawyers seeking to develop and refine their negotiating skills and strategies.

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.

This book presents a selection of the latest arbitration cases, materials, and commentaries from China. It aims to provide information on the theory and practice of arbitration combined. It is intended to provide readers with a useful resource to guide them when they encounter actual China-related arbitration cases. This book is a valuable resource for all practitioners concerned with international and foreign-related arbitration matters in China, global law firms, companies engaged in multinational business, jurists, and academics.

Contemporary Issues in Mediation (CIIM) Volume 6 builds on the success of the past five volumes as testament to a growing interest of authors and readers in the wide variety of issues that arise with mediation. Readers stand to benefit from a diverse range of topics especially selected for their high quality of research and novelty that cannot be replicated elsewhere. With the recent ratification of the Singapore Convention on Mediation in 2020, there is no doubt that mediation is and will continue to be extremely pertinent in the world of dispute resolution. The COVID-19 situation and evolution of technology has also heralded a new era of cross-border and domestic online dispute resolution. Edited by Singapore's leading expert on mediation and negotiation, Professor Joel Lee, and former Chief Executive Officer of the Singapore International Mediation Institute (SIMI), Marcus Lim, CIIM is a unique and valuable addition to the growing body of mediation and dispute resolution literature.

This book analyses actual and potential normative (whether legislative or contractual) conflicts and complex transnational disputes related to state-controlled enterprises (SCEs) operations and how they are interwoven with the problem of foreign direct investment. Moreover, SCEs also fall within the remit of international political economy, international economics and other SCE-related fields that go beyond purely legal or regulatory matters. In this connection, research on such economic and political determinants of SCE's operations greatly informs and supplements the state of knowledge on how to best regulate cross-border aspects of SCE's and is also be covered in this book. The book also aims to analyse the "SCE phenomenon" which includes a wide panoply of entities that have various structures with different degrees of control by states at the central or regional level, and that critically discuss the above-mentioned overlapping legal economic and political systems which can emerge under various shades of shadows casted by governmental umbrellas (i.e., the control can be exercised through ownership, right to appoint the management, and special-voting-rights). The chapters in this book are grouped, so as to address cross-border investment by and in SCE, into four coherent major parts, namely --- (i) the regulatory framework of state capitalism: laws, treaties, and contracts; (ii) economic and institutional expansion of state capitalism; (iii) the accountability of state capitalism: exploring the forms of liabilities; and (iv) regional and country perspectives. Contributions address the core theme from a broad range of SCE and international economic regulations, including but not limited to competition law, WTO law, investment law, and financial/monetary law. They also cover the new emerging generation of Free Trade Agreements (EU-Vietnam FTA, EU China investment treaty, Regional Comprehensive Economic Partnership; and the coordination between treaty systems). The book is a valuable addition and companion for courses, such as international trade law, international law of foreign investment, transnational law, international and economic development, world politics, law of preferential trade agreements, international economics, and economics of development.

The Executive Guide to Managing Disputes not only explains why litigation is so costly, but also how to manage disputes sensibly to avoid unnecessary litigation, reduce costs, and improve results. The book shows how ADR (i.e., Alternative Dispute Resolution) can short-cut disputes, and how to use often inexpensive dispute management programs to contain costs and achieve favorable outcomes.

The next crisis might be here now, or it might be around the corner. In The Prepared Leader: Emerge from Any Crisis More Resilient Than Before, two history-making experts in crisis leadership-James, dean of The Wharton School of the University of Pennsylvania, and Wooten, president of Simmons University-forcefully argue that the time to prepare is always. In no other time in recent history have leaders in every industry and on every continent grappled with so many changes that have independently and simultaneously undermined their ability to lead. The Prepared Leader encapsulates more than two decades of the authors' research to convey how it has positioned them to navigate through the distinct challenges of today and tomorrow. Their insights have implications for every leader in every industry and every worker at every level. In their fast-reading and actionable book, James and Wooten provide tools and frameworks for addressing and learning from crises, and they provide insight into what you need to know to become a Prepared Leader, including: The five phases of crisis management and the skills you need for each phase. They examine how the National Basketball Association and its commissioner, Adam Silver, responded to the COVID-19 pandemic. Making the right decisions under pressure and how to avoid common mistakes. They reveal how Burger King CEO Jose Cil began planning for the aftermath of a crisis right in the middle of one. Building a crisis leadership team and how to lead one that you've inherited. They detail how Wonya Lucas, CEO and President of the Crown Media Family Networks, aligned and mobilized an executive team during a time of crisis. James and Wooten argue that-in addition to people, profit, and the planet-prepared leadership should be the fourth "P" in a company's bottom line. They bring decades of world-renowned research on crisis leadership, diversity and inclusion, management strategy, and positive leadership to the table to help leaders better prepare themselves to lead through crises-and for whatever lies around the corner.

Lauterpacht's influential study uses models drawn from private law for the interpretation and development of international law. Lauterpacht expounds upon this subject with a useful discussion of international arbitration and international tribunals, and refers to numerous cases. Sir Hersch Lauterpacht 1897-1960], one of the greatest scholars of modern international law, was the Whewell Professor of International Law at Cambridge and a judge of the International Court of Justice. The Lauterpacht Centre for International Law at Cambridge University is named in his honor. "Dr. Lauterpacht has made a valuable and scholarly addition to the literature on international law. There has been a good deal of adverse criticism-some of it quite just-on the practice of conducting the argument of a question of international law by pure analogies to civil law. The learned author deprecates the rejection of this mode of reasoning, and develops the thesis that in the great majority of cases its employment has had a beneficial influence on the development of international law. It seems to us that Article 38 (3) of the Statute of the Permanent Court of International Justice, by adopting 'general principles of law recognized by civilized states' as ancillary sources of law for use by the Court, made Dr. Lauterpacht's view not only correct but also inevitable. A book of this kind was bound to come sooner or later, and it is satisfactory that it has been written by one who is an expert." --Percy H. Winfield, Cambridge Law Journal 3 (1927-1929) 322.

Lawyers involved in international commercial transactions know well that that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as A force majeure A| and A hardship. A| The author shows that the A general principles of law A| approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal codes. Its most important A restatements A| are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and two A soft law A| codifications of international commercial contract law: the UNIDROIT Principles of International Commercial Contracts and the European Principles of Contract Law (PECL).Establishing specific standards and A case groups A| for the exemptions under review, the analysis treats such recurring elements and claims as the following:A { impossibility of performance;A { frustration of contract;A { impracticability;A { interference by the other party;A { contractual risk allocations;A { unforeseeability of an impediment;A { third party responsibility;A { effect of mandatory rules;A { excluded rights;A { threshold tests; andA { irreconcilable differences. The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. In addition, as an insightful investigation into the fundamental question of the borderlines of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.