This book critically analyses how arbitration cases, institutional rules and emerging codes of conduct in the international arbitration sector have dealt with a series of key arbitrator duties to date. In addition, it offers a range of feasible and well-grounded proposals regarding investment arbitrators' duties in the future. The following aspects are examined in depth: the duty of disclosure the duty to investigate the duty of diligence and integrity , which in turn may be divided into temporal availability, a non-delegation of responsibilities, and adhering to appropriate behaviour the duty of confidentiality, and other duties such as monitoring arbitration costs, or continuous training . Investment arbitration is currently undergoing sweeping changes. The EU proposal to create a Multilateral Investment Court incorporates a number of ground-breaking developments with regard to arbitrators. Whether this new model of permanent "members of the court" will ever become a reality, or whether the classical ex-parte arbitrator system will manage to retain its dominance in the investment arbitration milieu, this book is based on the assumption that there is a current need to re-examine and rethink the main duties of investment arbitrators. Apart from being the first monograph to analyse these duties in detail, the book will spark a crucial debate among international scholars and practitioners. It is essential to identify arbitrators' duties and find consensus on how they should be reshaped in the near future, so that these central figures in investment arbitration can reinforce the legitimacy of a system that is currently in crisis.

Investment arbitration is at the cutting edge of international law and dispute resolution, and is predicted to be a major factor in the development of the global economic system in years to come. This one-volume monograph contains contributions from leading experts on a wide range of topics of both theoretical importance and practical implication that will affect the future of investment arbitration. The highly innovative chapters combine to form a constructive and valuable discussion for all in the arbitration field. The contributors, chosen to represent the full spectrum of perspectives, are leading arbitration experts from all over the world, including ICSID insiders, US government officials, UNCTAD research personnel, seasoned investment arbitrators and counsel, and renowned legal scholars.
The book is divided into three themes, with the first centering on the adequacy of UNCITRAL and ICSID arbitration rules, with particular attention to recent and proposed changes. The second theme focuses on the future of bilateral investment treaties, discussing trends in the interpretation of treaty provisions and the debate concerning the efficacy of the treaties in benefiting developing countries. The third theme revolves around the public function of investment arbitration decisions, including the use of arbitration to resolve disputes between sovereigns and the arbitrators' role as a guardian of international public policy.
The Future of Investment Arbitration is unique in its outstanding range of topics and the expertise of the contributors. It previews and guides future directions in the field, as well as discussing the larger policy implications of specific rules. It includes cutting-edge analysis of empirical research regarding BITS that is essential to evaluating many assumptions about investment law and arbitration. Finally, the book takes a broad perspective, examining the rules discussed within the larger structural context of investment arbitration, and drawing investment arbitration into the wider setting of international law and corporate governance.

In a remote canyon in northern New Mexico the early morning stillness is broken by voices chanting praises to the Lord. And thus begins the daily cycle in the Godcentered life and search of the Benedictine monks at the Monastery of Christ in the Desert.Seeking God is a monastic tapestry. The daily life of the monks is interwoven with the seasonal changes and celebrations and the candid words of the monks as they speak of their life their hopes and doubts their hardships fears and joys their prayer. Weaving this tapestry together are the hauntingly beautiful chants songs of praise and reverence that echo through the darkness before dawn throughout the day through the solemnity of Vespers in the evening and Compline at night. The majestic beauty of the environment captured in every season reflects a peace and tranquility that becomes an integral part of this monastic tapestry. The high red rock walls of the canyon where eagles fly cradle the valley whose stillness is broken only by the flowing waters of the Chama River and the winds that occasionally funnel through. Seeking God presents the ongoing process of the monastic way through the words and activities of these Benedictine monks as they move through the day and through the seasons in their search for God through prayer work study and song.

Emotions impact any practitioner of dispute resolution; yet, there are very few programs with courses that explore the emotional side of disputes. In Mediation, Conciliation, and Emotions, Peter Ladd outlines the emotions found in disputes and how these emotions function in dispute resolution. The book is divided into two parts: emotions and mediation, and emotions and conciliation. These parts examine the phenomenon of mediation, how to control emotions during mediation sessions, and how different disputes require different modes of emotional reconciliation. Mediation, Conciliation, and Emotions offers practical advice and information about the role of emotions in dispute resolution. It is an indispensable tool for practitioners of dispute resolution. Author Peter Ladd has developed a computer program which simplifies scoring of the "Emotional Climate Inventory" offered in the book's Appendix. This program can be accessed via St. Lawrence University Graduate School of Education's website at www.stlawu.edu/education.

Restorative justice, with its emphasis on identifying the justice needs of everyone involved in a crime, is helping restore prisoners' sense of humanity while holding them accountable for their actions. Toews shows how these practices can change prison culture and society.
Restorative justice, with its emphasis on identifying the justice needs of everyone involved in a crime, is helping restore prisoners' sense of humanity while holding them accountable for their actions.
Toews, with years of experience in prison work, shows how these practices can change prison culture and society.
Written for an incarcerated audience, and for all those who work with people in prison, this book also clearly outlines the experiences and needs of this under-represented part of our society. A title in The Little Books of Justice and Peacebuilding Series.

This book provides a comprehensive analysis of how EU state aid law is shaping the future of EU investment policy in a global context. It examines in detail how EU state aid policy and practice interact with the EU investment regime on the internal market and affect the external trade relations of the Member States and the EU alike. The debate this book engages in concerns competence, i.e., which body delineates the scope of state aid law and policy (now and in the future) when and where it intersects and collides with another distinct legal field: investment protection. Pursuing a doctrinal approach to the topic in the light of EU law and international law, the book analyses the interaction of the EU's trade, state aid and investment policy. This is done by posing the following research question: How is EU state aid law shaping the future of EU investment policy in a global context? Further, the book puts forward three corresponding arguments. First, this influence can be seen in the EU's incorporation of clauses promoting fair competition and state aid policy in international trade agreements. Second, EU state aid law and policy contributed to recent internal developments which led the Member States to terminate their bilateral agreements with each other (intra-EU BITs) by the end of 2019. Third, the EU has been working to replace the BITs between its Member States and third countries (extra-EU BITs) with its own trade agreements, which are aligned with EU legislation. This combined analysis of EU law and international law yields a number of interesting conclusions. The book addresses a highly topical and rapidly evolving area of EU law and international investment law. It is also the first book to provide a comprehensive approach to the interplay of state aid rules and EU investment policy internally and externally, i.e., within the EU and on a global scale. As such, it closes an important gap in the extant literature on international and EU law.

This unique and practical resource shows what 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'ts of mediation.

Friendship is one of our most important social institutions. It is the not only the salve for personal loneliness and isolation; it is the glue that binds society together. Yet for a host of reasons--longer hours at work, the Internet, suburban sprawl--many have argued that friendship is on the decline in contemporary America. In social surveys, researchers have found that Americans on average have fewer friends today than in times past.
In Friend v. Friend, Ethan J. Leib takes stock of this most ancient of social institutions and its ongoing transformations, and contends that it could benefit from better and more sensitive public policies. Leib shows that the law has not kept up with changes in our society: it sanctifies traditional family structures but has no thoughtful approach to other aspects of our private lives. Leib contrasts our excessive legal sensitivity to marriage and families with the lack of legal attention to friendship, and shows why more legal attention to friendship could actually improve our public institutions and our civil society. He offers a number of practical proposals that can support new patterns of interpersonal affinity without making friendship an onerous legal burden.
An elegantly written and highly original account of the changing nature of friendship, Friend v. Friend upends the conventional wisdom that law and friendship are inimical, and shows how we can strengthen both by seeing them as mutually reinforcing.

An increasing number of sport disputes are being resolved by way of arbitration. This is the first book to critically examine the processes and benefits of sportspecific arbitration as compared to litigation. The book explores, in depth, the development of alternative dispute resolutions in sports, paying particular attention to high-profile institutions such as the Court of Arbitration for Sport, the FIFA Football Dispute Resolution Panel and important national-level bodies, and their relationship with national and international-level actors such as the IOC, WADA and the European Union. It also examines in detail the legal frameworks within which sports arbitration systems operate, considers their similarities with other arbitral bodies and considers the extent to which ADR in sport can be seen as a consequence of, and perhaps a solution to, the 'juridification' of sports. Offering a theoretical basis with which to understand the relationship between arbitration and litigation, as well as providing guidance on key contemporary issues and best practice, this book is important reading for students, researchers and practitioners working in sports law, sports management and administration, sports politics, sports ethics, and international organisation.

The problem of enforcing a money judgment exists in every legal system in the world, but the methods and orientation vary significantly. Effective enforcement proceedings are crucial to ensure full access to justice for creditors. Complete and full knowledge of the debtors' assets is crucial to choose the appropriate enforcement measure. But each legal system must balance the creditors' rights to an efficient enforcement with the debtors' rights. The wide differences between enforcement proceedings mirror the way each society tries to find a balance between confronting rights and interests. This book explores and compares how different legal systems approach these issues with a focus on the discovery of debtors' assets, which is a common problem for enforcement and execution proceedings in almost every jurisdiction. This is the first book to compare enforcement proceedings around the world and presents a variety of information and country reports from leading experts from four continents. It represents the joint work of academic and legal authorities from Germany, Japan, Korea, France, the UK, Switzerland, Austria, Spain, Poland, Russia, Greece, North America, Taiwan, Brazil, Argentina, Chile, and the EU.

Although a State's treatment of foreign investors has long been regulated by international law, it is only recently that international investment law has emerged as an independent discipline in its own right. In recent decades the practical success of investment arbitration has allowed international investment law to develop both its own cadre of academic and professional specialists and its own legal doctrines. This book analyses the structure of international investment law, as it has developed through the practice of investment arbitration in order to see how a variety of international investment law doctrines should be understood and applied. The book demonstrates how a structural analysis can shed light on several major controversies within investment law and also examines what an "investment" actually is. The book offers an original interpretative approach to the resolution of problems in international investment law, and so is one of the few books within the field to attempt to give investment law a solid theoretical basis. It also focuses on only a select number of problems, rather than attempting to deliver the universal coverage currently popular for investment law books. As a result, those issues that are addressed get a detailed discussion rarely available in competing texts.

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.

The book provides a comprehensive overview of recent developments in Turkey's labour dispute resolution system, and helps compare the Turkish system especially with those in European countries. Turkey passed a new Labour Courts Act in 2017, which changed Turkish labour law practice by introducing mandatory mediation for all labour disputes. The main objective behind this measure was to ensure that labour disputes are resolved more quickly and less expensively. The book was written specifically for lawyers around the globe who have to deal with Turkish law, especially those who are seeking to become specialists in dispute resolution law. In addition, it provides stimulating reading for laypersons who wish to learn what 'mediation and arbitration law are all about' in Turkey. Above all, it was prepared with a view to providing foreign investors and companies in Turkey with basic information on Turkish labour legislation.

This is the authoritative textbook on family mediation. As well as mediators, this work will be indispensable for practitioners and scholars across a wide range of fields, including social work and law. It draws on a wide cross-disciplinary theoretical literature and on the author's extensive and continuing practice experience. It encompasses developments in policy, research and practice in the UK and beyond. Roberts presents mediation as an aid to joint decision-making in the context of a range of family disputes, notably those involving children. Mediation is seen as a process of intervention distinct from legal, social work and therapeutic practice, drawing on a distinctive body of knowledge across disciplinary fields including anthropology, psychology and negotiation theory. Incorporating empirical evidence, the book emphasises the value of mediation in mitigating the harmful effects of family breakdown and conflict. First published in 1988 as a pioneering work, this fourth edition has been fully updated to incorporate legal and policy developments in the UK and in Europe, new sociological and philosophical perspectives on respect, justice and conflict, and international research and practice innovations.

An increasing number of sport disputes are being resolved by way of arbitration. This is the first book to critically examine the process and benefits of sport-specific arbitration as compared to litigation.

The book explores, in depth, the development of alternative dispute resolutions in sports, paying particular attention to high-profile institutions such as the Court of Arbitration for Sport, the FIFA Football Dispute Resolution Panel, important national-level bodies including the Canadian, United States and New Zealand Sports Arbitration bodies and their relationship with national and international-level actors such as the IOC, WADA and the European Union. It also examines in detail the legal frameworks within which sports arbitration systems operate, considers their similarities with other arbitral bodies and considers the extent to which ADR in sport can be seen as a consequence of, and perhaps a solution to, the 'juridification' of sports.

Offering a theoretical basis with which to understand the relationship between arbitration and litigation, as well as providing guidance on key contemporary issues and best practice, this book is important reading for students, researchers and practitioners working in sports law, sports management and administration, sports politics, sports ethics, and international organisation.

This book examines resolution of the disputes between both sides of Belt and Road economic cooperation. To address the problems surrounding legal guarantee and dispute resolution, the International Academy of the Belt and Road has gathered almost 50 experts from over 30 Belt and Road countries and regions to utilize current advances in the dispute resolution mechanism, taking into account the legal systems, legal environment and historical and cultural characteristics of Belt and Road countries and regions. The dispute resolution mechanism presented advocates giving priority to mediation when a dispute arises-arbitration is necessary only when mediation is ineffective. In addition, arbitration should be highly transparent, show respect to both contracting parties, and be equipped with an appeal system. This hands-on book offers detailed explanations of mediation rules, arbitration rules and appeal procedures. On the one hand, this mechanism embodies the integration of the cultures, traditions, legal systems, legal values and legal thoughts of Belt and Road countries and regions. On the other hand, it highlights the importance of mediation, which not only is the idea of oriental culture carrying forward traditional Chinese culture, but also follows the trend of dispute resolution. As a result, the dispute resolution mechanism established in this book is beneficial to the development of the Belt and Road Initiative.

Over the past few years the European Community has been active in establishing rules of civil jurisdiction. This book provides a comprehensive treatment of the three main instruments for implementing these rules: Brussels I (covering jurisdiction in civil and commercial matters), Brussels IIbis (jurisdiction in matters of divorce and parental responsibility) and the Insolvency Regulation. The Regulations were drawn up from the point of view of the European Community and the facilitation of co-operation between the Member States. However, legal practice shows that disputes, whether of a commercial or family nature, are not always neatly restricted to being either within the competence of the EU, or entirely outside the EU. When a single dispute might fall into the jurisdiction of either EU Member States or third States, the exact scope of application of the Regulations is uncertain. This book covers the background and development of civil jurisdiction rules in the European Union, analysing the three main regulations on civil jurisdiction, and the effect that the application of these rules has on parties domiciled or habitually resident outside the EU, particularly with regard to the recognition and enforcement of judgments made within the EU in external jurisdictions. There is analysis of case law and practical problems which have arisen, or might arise, in disputes where there is a conflict of laws between an EU Member State and a third State, for example involving the rules of the domicile of the defendant, exclusive jurisdiction, forum clauses, and procedural rules such as forum non conveniens and lis pendens. It will also examine the external competences of the European Community in the field of civil jurisdiction with regard to the ECJ Lugano Opinion and the far-reaching implications of this ruling for possible future conventions, both for the EU and for third states who will now have to negotiate with the European Community as a whole, and not with a collection of states.

Although a State s treatment of foreign investors has long been regulated by international law, it is only recently that international investment law has emerged as an independent discipline in its own right. In recent decades the practical success of investment arbitration has allowed international investment law to develop both its own cadre of academic and professional specialists and its own legal doctrines. This book analyses the structure of international investment law, as it has developed through the practice of investment arbitration in order to see how a variety of international investment law doctrines should be understood and applied. The book demonstrates how a structural analysis can shed light on several major controversies within investment law and also examines what an "investment" actually is. The book offers an original interpretative approach to the resolution of problems in international investment law, and so is one of the few books within the field to attempt to give investment law a solid theoretical basis. It also focuses on only a select number of problems, rather than attempting to deliver the universal coverage currently popular for investment law books. As a result, those issues that are addressed get a detailed discussion rarely available in competing texts.

The word "dialogue" suffers from over-use, yet its practice is as transforming and as freshly hopeful as ever.
Authors Schirch and Campt demonstrate dialogue's life and possibilities in this clear and absorbing manual: "Dialogue allows people in conflict to listen to each other, affirm their common ground, and explore their differences in a safe environment."
The Little Book is a to-the-point handbook, covering:
- "Dialogue vs. Debate"
- "When to use dialogue"
- "Key dialogue facilitation skills"
- "Inviting people to a dialogue process"
- "Moving from dialogue to action"
- "Assessing the effectiveness of dialogue"
Schirch has worked throughout the Southern hemisphere in peacebuilding projects. Campt has focused on racial and class reconciliation in American cities. Many of the skills and the case studies they offer in this book come from their own wide experiences.

This book focuses on Chinese cases on the CISG decided by Chinese courts of all levels, mainly from 2006 to 2010. During this period, the number of cases grew gradually. The total number of cases still remained low, the reasons of which might be the following: parties were not familiar with the CISG and therefore decided to opt out of it; in addition, the case collection and report systems in China at that time were not as developed as now, rendering many cases inaccessible. This book provides a comprehensive and detailed analysis of selected cases. The analysis of those cases will be on a case by case basis. For each case, an English summary of the judgments will be provided. In the summary, the People’s Court’s approach to the interpretation and application of the CISG will be emphasised. Following the summary are comments of the individual case written either by an academic or a current or former judge from international and comparative perspective to discuss the successes and pitfalls of the interpretation and application of the CISG. This book deals with the cases from 2006 to 2010 in China. These cases reflect how People’s Court of all levels started to deal with various issues arising from the CISG and will help understand whether and how the People’s Courts change their approaches to the interpretation and application of the CISG in future.

Is the need for a power balance still necessary for mediation in the Singapore context?In an increasingly digitised world, what challenges are there for online mediation?Is the distinction between facilitative and evaluative mediation still relevant?These questions, and more, are explored in Contemporary Issues in Mediation, the first ever compilation of essays on mediation topics and issues by top mediation students. Carefully selected and edited by leaders in the mediation and negotiation field Associate Professor Joel Lee from the National University of Singapore Faculty of Law, and Marcus Lim, Executive Director of the Singapore International Mediation Institute, this book is not only a unique addition to local mediation literature but also the first in a new annual series.

The tools you need to maximize success in any negotiation, at any level With Negotiate Without Fear: Strategies and Tools to Maximize Your Outcomes, master negotiator, Kellogg professor, and accomplished CEO Victoria Medvec delivers an authoritative and practical resource for eliminating the fear that impedes success in negotiation. In this book, readers will discover unique and proprietary negotiation strategies honed over decades advising Fortune 500 clients on high-stakes, complex negotiations. Negotiate Without Fear provides readers at all levels of negotiation skill the ability to increase their negotiating confidence and maximize their negotiation success. You'll learn how to: Put the right issues on the table by defining your objectives for the negotiation Analyze the issues being negotiated with an Issue Matrix to ensure you have the right issues to secure what you want Establish ambitious goals using a proprietary tool to identify the weaknesses in the other side's best outside alternative (BATNA) Leverage a unique architecture for creating and delivering Multiple Equivalent Simultaneous Offers (MESOs) Negotiate Without Fear belongs on the bookshelves of executives and all the dealmakers who work for them. Additionally, specific advice is provided in every chapter for individuals who are negotiating for themselves and in the everyday world. This book is an invaluable guide for anyone who hopes to sharpen their negotiating skills and achieve success in any arena.

Beyond the Courtroom provides a compilation of articles and chapters by a dispute resolution scholar who has made remarkable contributions over his thirty-year career. Professor Abramson has focused his research and practice on parties trying to resolve their own disputes. This book includes publications that have contributed to launching the then new field of mediation representation with special attention on how attorneys, as gate keepers to mediation, can effectively represent clients. The book also includes his original publications that have contributed to the emerging field of intercultural and international mediation and the already robust and mature field of negotiations.

Consumer out-of-court redress in the European Union is experiencing a significant transformation; indeed the current changes are the most important that have occurred in the history of the EU. This is due to the recent implementation of the Alternative Dispute Resolution (ADR) Directive 2013/11/EU and the Online Dispute Resolution (ODR) Regulation (EU) 2013/524. The Directive ensures the availability of quality ADR schemes and sets information obligations on businesses, and the Regulation enables the resolution of consumer disputes through a pan European ODR platform. The New Regulatory Framework for Consumer Dispute Resolution examines the impact of the new EU law in the field of consumer redress. Part I of the volume examines the new European legal framework and the main methods of consumer redress, including mediation, arbitration, and ombudsman schemes. Part II analyses the implementation of the ADR Directive in nine Member States with very different legal cultures in consumer redress, namely: Belgium, Ireland, Italy, Germany, France, Portugal, Spain, the Netherlands and the UK, as well as the distinct approach taken in the US. Part III evaluates new trends in consumer ADR (CDR) by identifying best practices and looking at future trends in the field. In particular, it offers a vision of the future of CDR which is more than a mere dispute resolution tool, it poses a model on dispute system design for CDR, it examines the challenges of cross-border disputes, it proposes a strategy to promote mediation, and it identifies good practices of CDR and collective redress. The book concludes by calling for the mandatory participation of traders in CDR.

Is the need for a power balance still necessary for mediation in the Singapore context?In an increasingly digitised world, what challenges are there for online mediation?Is the distinction between facilitative and evaluative mediation still relevant?These questions, and more, are explored in Contemporary Issues in Mediation, the first ever compilation of essays on mediation topics and issues by top mediation students. Carefully selected and edited by leaders in the mediation and negotiation field Associate Professor Joel Lee from the National University of Singapore Faculty of Law, and Marcus Lim, Executive Director of the Singapore International Mediation Institute, this book is not only a unique addition to local mediation literature but also the first in a new annual series.