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Books > Law > Laws of other jurisdictions & general law > Courts & procedure > Arbitration procedure
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.
Damages in Investor-State Arbitration: Current Issues and
Challenges addresses specificities of the assessment of damages in
investor-state disputes, reflecting the tensions between the
sovereignty and self-determination of states and their legal
obligations towards foreign investors. These tensions are primarily
present in the context of compensation for expropriation, but other
commitments of host states undertaken in bilateral investment
treaties and contracts with foreign investors may also be in
conflict with changing political and economic circumstances. With
this background, the calculation of damages becomes a complex
endeavor in each case. The lack of valuation principles that are
uniformly accepted and implemented leads to uncertainty and
unpredictability in practice. The present analysis tries to
identify the most important issues and challenges, such as the
choice of the valuation date, appropriate valuation methods, moral
damages, and the awarding of interest.
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.
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 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.
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