The 'reparational turn' in the field of law has resulted in the increased use of so-called 'informal' approaches to conflict resolution, including primarily the three mechanisms considered in this book: mediation, restorative justice and reparations. While proponents of these mechanisms have acclaimed their communicative and democratic promise, critics have charged that mediation, restorative justice and reparations all potentially serve as means for encouraging citizens to internalize and mimic the rationalities of governance. Indeed, the critics suggest that informal justice's supposed oppositional relationship to formal justice is, at base, a mutually reinforcing one, in which each system relies on the other for its effective operation, rather than the two being locked in a struggle for dominance. This book contributes to the discussion of the confluence of informal and formal justice by providing a clearer picture of the justice 'field' through the notion of the 'informal/formal justice complex.' This term, adapted from Garland and Sparks (2000), describes a cultural formation in which adversarial/punitive and conciliatory/restorative justice forms coexist in relative harmony despite their apparent contradictions. Situating this complex within the context of neoliberalism, this book identifies the points of rupture in the informal/formal justice complex to pinpoint how and where a truly alternative and 'transformative' justice (i.e. a justice that challenges and counters the hegemony of formal legal practices, opening the field of law to a broader array of actors and ideas) might be established through the tools of mediation, restorative justice and reparations.

The 'reparational turn' in the field of law has resulted in the increased use of so-called 'informal' approaches to conflict resolution, including primarily the three mechanisms considered in this book: mediation, restorative justice and reparations. While proponents of these mechanisms have acclaimed their communicative and democratic promise, critics have charged that mediation, restorative justice and reparations all potentially serve as means for encouraging citizens to internalize and mimic the rationalities of governance. Indeed, the critics suggest that informal justice's supposed oppositional relationship to formal justice is, at base, a mutually reinforcing one, in which each system relies on the other for its effective operation, rather than the two being locked in a struggle for dominance.

This book contributes to the discussion of the confluence of informal and formal justice by providing a clearer picture of the justice 'field' through the notion of the 'informal/formal justicecomplex.' This term, adapted from Garland and Sparks (2000), describes a cultural formation in which adversarial/punitive and conciliatory/restorative justice forms coexist in relative harmony despite their apparent contradictions. Situating this complex within the context of neoliberalism, this book identifies the points of rupture in the informal/formal justice complex to pinpoint how and where a truly alternative and 'transformative' justice (i.e. a justice that challenges and counters the hegemony of formal legal practices, opening the field of law to a broader array of actors and ideas) might be established through the tools of mediation, restorative justice and reparations.

International arbitration has become the preferred method for the resolution of international commercial disputes, yet the question still remains: What is the procedural law of international commercial arbitral proceedings and what is its relevance? This book comprehensively analyses the relevant legislative practice of all major arbitration venues in the world, as well as the arbitral practice of a number of arbitral institutions. Practitioners will welcome the book's examination of the fate of awards annulled in their state of origin, 'stateless' awards, the procedural regime of arbitrations involving sovereign states, and the human rights considerations in international arbitration. The book goes on to propose an analytical model for the determination of the procedural law of international arbitration, as well as a number of 'model' legislative provisions of substantive and private international law.

The landscape of mass litigation in Europe has changed impressively in recent years, and collective redress litigation has proved a popular topic. Although much of the literature focuses on the political context, contentious litigation, or how to handle cross-border multi-party cases, this book has a different focus and a fresh approach. Taking as a starting-point the observation that mass litigation claims are a 'AEonuisance'AEo for both parties and courts, the book considers new ways of settling mass disputes. Contributors from across the globe, Australia, Canada, China, Europe and the US, point towards an international convergence of the importance of settlements, mediation and alternative dispute resolution (ADR). They question whether the spread of a culture of settlement signifies a trend or philosophical desire for less confrontation in some societies, and explore the reasons for such a trend. Raising a series of questions on resolving mass disputes, and fuelling future debate, this book will provide a challenging and thought-provoking read for law academics, practitioners and policy-makers.

For some years there has been growing dissatisfaction with litigation and arbitration as a means of settling construction disputes, and increasingly parties have been turning to adjudication and alternative dispute resolution (ADR).

This trend was given a major impetus by the introduction of the 1996 Housing Grants, Construction and Regeneration Act and the Scheme for Construction Contracts, which resulted in statutory adjudication being introduced in most of the main building and engineering standard forms.

This book surveys the growth of ADR and looks in detail at the various methods:

* adjudication and expert determination
* mediation and conciliation
* dispute review boards and disputes advisers
* other forms, such as mini-trial and mediation-arbitration

It discusses the Housing Grants, Construction and Regeneration Act and the Scheme for Construction Contracts, and their effect on adjudication and construction contracts considering both procedural and legal issues. It looks in detail at the adjudication clauses of all the main building and engineering contracts.

'Allan Stitt's authoritative and concise text on mediation is packed full of information on the benefits of mediating disputes and on the way to achieve good and long-lasting mediated settlements. Clear tips for both lawyers and mediators, with real-life examples, pepper the script making it readable, memorable and incredibly useful. Mediation as a means of dispute resolution is increasingly encouraged by the courts and this textbook will enable you to approach mediation with knowledge and confidence. There is no danger of this book being left on the shelf to gather dust.' prescribed reading for both the aspiring mediator or lawyer attending a mediation.' effectively conduct a mediation. This unique and practical resource shows what a mediation is, the rationale behind it and how it differs from litigation. It explains every aspect of the mediation process and provides practical tips and useful case studies, clearly setting out all the do's and don't's of mediation. clients at mediation, as well as those wishing to become mediators.

In 2010, the Arbitration (Scotland) Act 2010 came into force with the aim of modernising Scots law on arbitration. Building on the previous edition, this book reviews the last 10 years: the development of the law in Scotland, the use of the Act and the Rules of Court, and how it all works in practice. The authors draw on their experience in practice to provide useful tips and references, covering all of the topics that practitioners require on a daily basis.

Attribution in International Law and Arbitration clarifies and critically discusses the international rules of attribution of conduct, particularly regarding their application to states under international investment law. It examines the key question of how and to what extent breaches of State obligations, particularly in respect of States' commitments to foreign investors under international investment agreements (IIAs) and bilateral investment treaties (BITs), can be attributed. Of special interest within this context is the responsibility of States when the alleged breach has been committed by separate legal entities, rather than the state itself. Under domestic law, entities such as state-owned enterprises (SOEs) are considered legally distinct, however the State may still be considered responsible for their actions under international law. The book addresses the relevant issues systematically, beginning with direct reference to the Draft Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) on attribution, finalized by the International law Commission (ILC) in 2001. It then elaborates on the specifics of international investment law, based on a detailed examination of practice and case law, whilst giving due consideration to the academic debate. The result is a full, innovative take on one of the most difficult questions in investment arbitration.

Dealing with the interface between the Alternative Dispute Resolution (ADR) movement and the phenomenon of domestic violence against women, this book examines the phenomenon of divorce disputes involving violence through the prism of 'alternative justice' and the dispute resolution mechanisms offered by the ADR movement. This book is the first academic treatise presenting the theoretical underpinnings of the correlation between the ADR movement and divorce disputes involving violence, and the potential contribution of this movement to the treatment of disputes of this nature. Through mapping the main values of the ADR movement, the book proposes a theoretical-analytical basis for understanding the inability of the legal system to deal with disputes of this nature, alongside a real alternative, in the form of the ADR mechanisms.

This book brings together articles from leading experts in the field of international dispute resolution. The main focus is on the situation in Asia, though the European perspective also plays an important part. Accordingly, the focus on the Asian dispute resolution market with a distinctly American and European "touch" is one of the book's most unique features. The dispute resolution market is rapidly transforming, and dispute resolution law is changing with it -especially in Asia. This book highlights recent advances and outlines future trends in this area. Emphasis is especially placed on International Commercial Arbitration Law on the one hand; and on International Investment Arbitration Law on the other. Two dedicated sections address these two topics, while another is dedicated to a quite new phenomenon in the field of international dispute resolution, the emergence of International Commercial Courts not only in Asia, but also in other regions of the world (e.g. in the Netherlands). This raises a host of interesting legal questions, which the book addresses. The book's final section investigates general trends in dispute resolution (e.g. the rising cost problem in arbitration in general).

This book re-examines the doctrines of res judicata and abuse of process when applied to foreign judgments, and analyses how they are relied upon in English proceedings. The book clearly explains the four main pleas to which a foreign res judicata might give rise in subsequent proceedings in England: cause of action estoppel; issue estoppel; former recovery under section 34 of the Civil Jurisdiction and Judgments Act 1982; and the rule in Henderson v Henderson (1843) 3 Hare 100.

It is an area of the law that has frequently been confused and mis-applied in the past, and yet it is an increasingly important area for those interested in international commercial litigation.

This book analyses the origins of security dilemmas in the South China Sea (SCS) and the significance of China's actions in asserting its claim from the perspective of defensive realist theory. In its analysis, the book argues that security dilemmas in the SCS first arose between China and other SCS claimants, and then between China and the United States. Research in this book provides significant support to the defensive realist theory vis-a-vis offensive realism. It encourages adopting a reassurance policy to reach a peaceful resolution to the SCS disputes between China, the other claimants, and the United States. The book will be useful for policymakers, academics, researchers and students.

This text provides a concise overview of arbitration and offers guidance on the most important legal and practical questions which face the practitioner involved in an arbitration. The book includes:- the applicability of the laws of individual countries; international conventions and bilateral treaties and their relevance to the arbitral process; the arbitration agreement and how an enforceable agreement can be created and enforced, with reference to both institutional arbitration, such as governed by AAA, ICC and LCIA and ad-hoc arbitration; and the arbitral process, from appointment of the tribunal to the award and its enforcement. The jurisdiction, powers and obligations of the tribunal are also examined in detail. The book also examines the role of UNCITRAL in overcoming the lack of unformity in the laws and rule relating to international commercial arbitration.

New York is a leading venue for international commercial arbitration, home to the headquarters for the International Centre for Dispute Resolution, the international branch of the American Arbitration Association, and many leaders in the international arbitration field. New York also serves as the locus of several prominent arbitration firms' central offices. The second edition of International Commercial Arbitration in New York encompasses five years of developments in New York and other US international arbitration law since the first edition appeared. Every chapter has been updated, and the new edition includes an entirely new chapter on the legal and practical aspects of conducting an arbitration hearing in New York, covering such subjects as rights to appear as a representative of a party, subpoenas to compel attendance of witnesses, confidentiality of proceedings, and witness testimony and instructions. This collection boasts contributors of pre-eminent stature in the arbitration field. Each chapter elucidates a vital topic, including the existing New York legal landscape, drafting considerations for clauses designating New York as the place of arbitration, and material and advice on selecting arbitrators. The book also covers a series of topics at the intersection of the arbitral process and the New York courts, including jurisdiction, enforcing arbitration agreements, obtaining preliminary relief, and discovery. Class action arbitration, challenging and enforcing arbitral awards, and biographical materials on New York-based international arbitrators are also included, making this a comprehensive, valuable resource for practitioners. New York continues to be the leading venue for international commercial arbitration in the US, and this book is the only comprehensive treatment of its law and practices. The first edition was described as "a wonderful and important book . . . a must for all those seriously engaged in the practice or study of international arbitration in New York and in the United States" (Arbitration International) and "an excellent resource for practitioners anywhere in the world who are or may become involved in an international commercial arbitration seated in New York City" (Global Arbitration Review).

Mediation as a method of dispute resolution is well known and practised worldwide, and this book provides the knowledge necessary for those actively involved in mediation work as well as for those who need to learn the process. This is an invaluable guide on how to mediate, what forms should be used and what techniques can be applied by the mediator to obtain a successful result. It also provides essential guidance on how to deal with large, complex international commercial disputes and their effective administration. Key features of this book include: * In-depth discussion of both the existing and historical international case law on mediation including its history under the British Common law, European Civil law and Muslim Shari'ah law. * Analysis of the differences between the various forms of mediation agreements with sample wording to add to or modify these forms as needed. * In-depth discussion of the ethical requirements relating to mediation and mediators. * Sample forms for use in commencing mediation. * In-depth discussion of actual mediations, how they should be conducted, techniques to use and sample forms. * General forms for use in complex international mediation, form agenda and mediation statements. * Mediator disclosure forms, questionnaires for potential mediators and parties and comparison of mediation agreements and sample forms. * Discussion of how to effectively use witnesses and the preparation and presentation of witness statements in mediation. * International case studies with statements of claims and responses. This book will be essential reading for those involved in international commercial and construction mediation.

The first three volumes of the World Court Digest cover the periods 1986 to 1990, 1991 to 1995 and 1996 to 2000. We are happy to issue the fourth volume, covering the period from 2001 to 2005. We hope that this new Digest will be welcome to all those interested in the case law of the International Court of Justice. We are, of course, aware that nowadays the decisions of the Court are easily accessible through electronic data systems. However, there is no systematic analysis available in the form presented by the World Court Digest. Therefore, the Digest will be useful for those who wish to find the most recent position of the Court on a particular issue of international law. As the three previous volumes, also this fourth volume will be made available through electronic data on the homepage of the Max Planck Institute for Comparative Public Law and International Law. The first five years of the new century have been a busy period for the Court due to its continuing heavy caseload. The cases concerned a variety of legal issues reaching from the use of force and self-defence to questions of land and maritime boundary delimitation, immunity, consular matters, revision of judgments and the effect of provisional measures. The parties to the cases were States from all parts of the world demonstrating the general acceptance of the Court.

Mediation as a method of dispute resolution is well known and practised worldwide, and this book provides the knowledge necessary for those actively involved in mediation work as well as for those who need to learn the process. This is an invaluable guide on how to mediate, what forms should be used and what techniques can be applied by the mediator to obtain a successful result. It also provides essential guidance on how to deal with large, complex international commercial disputes and their effective administration. Key features of this book include: * In-depth discussion of both the existing and historical international case law on mediation including its history under the British Common law, European Civil law and Muslim Shari'ah law. * Analysis of the differences between the various forms of mediation agreements with sample wording to add to or modify these forms as needed. * In-depth discussion of the ethical requirements relating to mediation and mediators. * Sample forms for use in commencing mediation. * In-depth discussion of actual mediations, how they should be conducted, techniques to use and sample forms. * General forms for use in complex international mediation, form agenda and mediation statements. * Mediator disclosure forms, questionnaires for potential mediators and parties and comparison of mediation agreements and sample forms. * Discussion of how to effectively use witnesses and the preparation and presentation of witness statements in mediation. * International case studies with statements of claims and responses. This book will be essential reading for those involved in international commercial and construction mediation.

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.

This book provides an overall understanding of Chinese labour law and covers many important issues related to the application of Chinese labour law. Particularly, the book explains the difficult points in Chinese labour law from the perspective of juridical practice. Many typical cases are selected to illustrate the important issues in Chinese labour law. These cases are from the courts in the developed areas in China, where foreign-funded enterprises gather. Also, the book addresses the implications of the Civil Code on the labour law. The latest developments are reflected in the book, which include guidelines related to labour dispute case hearing formulated by the Higher Courts in many provinces, and the guiding cases released by the Supreme Court. Such developments are the reflections of fragmented judicial application of Chinese labour law.

This handbook gives legal practitioners, students and new mediators practical guidance on the mediation process. Drawing on her experience as a mediator, academic and a businessperson, Marjorie Mantle takes a down-to-earth approach to mediation, pointing out the pitfalls as well as the benefits.