Starting with the first substantial body of primary sources, the epics of Homer and Hesiod in the 7th century, and ending with the fall of Egypt to the Romans in 30BC, this volume describes and analyzes the development of mediation, arbitration and other ways of resolving disputes, other than litigation. New translations of more than three hundred primary sources allow you to decide for yourself whether the conclusions are valid. For the Greeks, mediation was the natural first step, the chosen third party taking the role of adjudicator only when efforts to produce a settlement had failed - and then swearing an oath and consciously adopting a different character. In some times and places, for example in Ptolemaic Egypt, the regular response of the authorities was to submit a claim to an administrative officer with the instructions: "Best to mediate; if not.." In Athens, too, in the 4th century BC, almost all civil claims went not to the courts but to public arbitrators, men who had just been relieved from military service in their 60th year. Inscriptions record their names and awards. Papyrus finds show private arbitration of construction disputes in 3rd century Egypt, with original documents startlingly like those in contemporary disputes.

Der Autor nimmt eine Bestandsaufnahme und kritische Analyse volkerrechtlicher Instrumente und Regeln fur nationale und internationale Verfahren zur Beilegung von Konflikten uber grenzuberschreitende Umweltprobleme vor. Er setzt sich mit den besonderen Anforderungen auseinander, die der grenzuberschreitende Umweltschutz an die Streitbeilegung stellt, und untersucht eingehend die herkommlichen Methoden der friedlichen Streitbeilegung, innovative Methoden der Normdurchsetzung durch Non-Compliance Mechanismen und volkerrechtliche Regeln fur die Einbeziehung der betroffenen Personen, Unternehmen und Organisationen in nationale wie internationale Verfahren. Im Mittelpunkt der Analyse stehen zum einen der Umgang mit Konflikten, die gemeinsame Interessen der Staatengemeinschaft betreffen, und zum anderen Mechanismen, die den Interessenausgleich unmittelbar zwischen den Betroffenen ermoglichen."

Daniel Malacara, PhD, is a Professor at the Centro de Investigaciones en Optica, Leon, Gto, Mexico. A designer and constructor of optical instruments, including telescopes, he is well known for his books, including Optical Shop Testing, which has been translated into several languages. Dr. Malacara is a Fellow of the Optical Society of America and of SPIE, the International Society of Optical Engineering.

This book is a volume in the Penn Press Anniversary Collection. To mark its 125th anniversary in 2015, the University of Pennsylvania Press rereleased more than 1,100 titles from Penn Press's distinguished backlist from 1899-1999 that had fallen out of print. Spanning an entire century, the Anniversary Collection offers peer-reviewed scholarship in a wide range of subject areas.

The Yearbook on International Investment Law & Policy is an annual publication that provides a comprehensive overview of current developments in the international investment law and policy field, focusing on recent trends and issues in foreign direct investment (FDI), investment treaty practice, and investor-state arbitration. The 2020 edition includes policy, thematic and regional developments from 2020 in investment law and policy, including the impacts of the COVID-19 pandemic on investment flows and governance. The chapters also raise questions relevant to the governance of investment in the context of existing and future global socio-economic and environmental crises. Edited by an Editorial Committee and overseen by an Advisory Board of esteemed global experts in the field of international investment law, the Yearbook is an essential tool for practitioners and academics looking for a resource of timely and authoritative information in this field.

This book is a volume in the Penn Press Anniversary Collection. To mark its 125th anniversary in 2015, the University of Pennsylvania Press rereleased more than 1,100 titles from Penn Press's distinguished backlist from 1899-1999 that had fallen out of print. Spanning an entire century, the Anniversary Collection offers peer-reviewed scholarship in a wide range of subject areas.

Das Buch liefert eine handbuchartige, rechtsvergleichende Darstellung der in einem internationalen Wirtschaftsschiedsverfahren auftretenden Rechtsprobleme, mit denen sich der Praktiker im Hinblick auf die standige Zunahme derartiger Verfahren immer wieder konfrontiert sieht. Der Autor legt dabei besonderes Gewicht auf die Verknupfung verfahrens- und materiellrechtlicher Aspekte.Der Verfasser untersucht neben den in der Schweiz und in den Niederlanden erlassenen Schiedsgesetzen auch das UNCITRAL-Modellgesetz fur die internationale Handelsschiedsgerichtsbarkeit. Neben diesen Gesetzen werden die UNCITRAL-Schiedsordnung sowie die Schiedsordnungen der Zurcher Handelskammer und des Niederlandischen Schiedsgerichtsinstituts analysiert.Im Interesse der Benutzerfreundlichkeit fur den Praktiker sind die besprochenen Gesetze und Schiedsordnungen sowie die entsprechenden Musterschiedsklauseln und die New Yorker Konvention uber die Anerkennung und Vollstreckung auslandischer Schiedsspruche im Anhang abgedruckt."

China's ever-expanding commercial influence has attracted global attention on how its civil and commercial disputes are resolved. This compelling new book, Dispute Resolution in China, offers a detailed examination of the elements in the Chinese legal system and the relevant reforms to the multiplicity of approaches to civil and commercial disputes in China today. This book reveals how civil litigation, commercial arbitration, mediation, and their hybrid dispute resolution have distinctly responded to, reformed, and developed in the context of China's transformational economic growth, societal development, and international interaction in the last two decades. It situates these developments and continued experimentation within a unique hybrid of empirical, contextual, and comparative analytical framework, while paving productive pathways towards the future. This book argues that, rather than being a legal project, China's civil and commercial dispute resolution system is essentially a social development project, which distinguishes the Chinese approach to civil justice reform from contemporary civil justice movements elsewhere. Among the primary methods of dispute resolution, commercial arbitration in China today uniquely transcending the traditional socio-political constraints, its reform has developed in favor of market-oriented considerations and shaped by China's socio-economic dynamics and internationalization needs. By contrast, civil litigation and mediation being more instrumentalist in nature, their reform is socio-politically embedded and continues to prioritize social stability. This book also shines a fresh light on comparative assessments of top-down and bottom-up changes in China's dispute resolution discourse, as well as on how China speaks to international dispute resolution systems. Original and rich in its analysis, this book will be essential reading and invaluable reference tool for scholars with a focus on Chinese law, comparative and international dispute resolution, and on broader legal, institutional, economic, social, political and cultural dimensions of dispute resolution development.

Si usted es uno de los Inmigrantes que busca beneficiarse de la reforma Migratoria, Este libro no debe faltar en su proceso de Impuestos contiene las 100 preguntas mas comunes con las respuestas que todo inmigrante ilegal tiene en materia tributaria. Sugerencias para presentar sus impuestos y cualificar para la amnistia migratoria. Conozca los errores mas comunes y como evitarlos. Como recuperar miles de dolares de sus reembolsos anteriores, la manera mas practica de actualizar sus aportes al Seguro Social y no perder los creditos anteriores, como completar la forma W-7 paso a paso para el numero ITIN y mucho mas. Este libro es escrito con el fin de ayudar y orientar a los Inmigrantes ilegales en los EE.UU, en el tema de impuestos, aquellos que necesitan mas informacion y orientacion para saber que deben hacer en la esperada Reforma Migratoria.

This book focuses on an emerging problem in English contract law: what should be done when a party has been unjustly enriched as the result of a breach of contract but there is no measurable loss suffered by said party? Two rulings are at the heart of the book: Wrotham Park Estate v Parkside Homes and Attorney-General v Blake. These two cases can be said to have established gain-based remedies in English contract law. However, the principles that underpin these remedies are not entirely clear and are subject to debate. This book analyses these principles through the lens of compensatory and restitutionary approaches. Moreover, it applies a comparative analysis of these approaches through the lens of the civil law jurisdiction in Poland. Since the term 'compensation' is not a universal concept, the book distinguishes between two rationales in the compensatory analysis. The first, reparative compensation, is defined as a form of monetary recompense for loss or damage actually suffered. The second, substitutive compensation, represents a monetary equivalent to a right that a person has been deprived of or denied. Both rationales require the application of a broad notion of loss in order to make gain-based remedies workable in both English and Polish law. In contrast, 'restitution' states that a person cannot be permitted to profit from their own wrongdoing. Based on this principle, the book argues that gain-based remedies could be applied under Polish law through the rules of unjust enrichment. However, in order to do so, a broader understanding of the subtraction prerequisite (the enrichment being at the aggrieved party's expense) would have to be adopted. The book concludes that unjust enrichment is a more natural way of implementing gain-based remedies in civil law jurisdictions.

In an increasingly globalised and complex economy, arbitration is becoming the dispute resolution mechanism of choice for international M&A transactions. Spanning share purchase agreements, asset purchase agreements, shareholder agreements and joint venture arrangements, this is a huge area of commercial activity, giving rise to an expanding number of disputes. In the second and expanded edition of this title, leading experts in the field of international arbitration provide legal and practical guidance on the key types of dispute likely to arise from M&A transactions (eg, warranty claims, shareholder disputes, claims relating to completion accounts), and offer procedural and tactical tips for arbitration arising from them. The content also covers the fundamental questions of arbitrability, confidentiality, freedom to choose the governing law (and questions of mandatory law) and enforceability in a number of key jurisdictions. Together, the contributors provide a one-stop guide to the legal, tactical and practical aspects of arbitration in today's M&A market. The second edition contains not only valuable updates to the first edition, but includes new chapters covering a number of additional jurisdictions (including Peru and Poland). It also introduces a number of additional chapters on third party funding and warranty and indemnity insurance, as well as key concepts of valuation in the arbitration context, the quantification of damages for breach of representations and warranties. Whether you are a lawyer in private practice or are involved in M&A in the broadest sense, this commercially focused title will provide you with holistic, practical insight into the arbitration of M&A transactions.

The book examines the development and application of mediation in China (including Hong Kong). As a popular mechanism for dispute resolution in Chinese history, mediation is believed to be an important process for realizing the official goal of social harmony. Following an overview of the current situation in mainland China and Hong Kong, the book looks into specific legal issues in the application of mediation and the practical use of mediation in specific lines of businesses. The book can serve as an important reference book on the law and practice of mediation in mainland China and Hong Kong for scholars, practitioners, as well as students of mediation and alternative dispute resolution.

How do we address trauma, interrupt cycles of violence, and build resilience in a turbulent world of endless wars, nationalism, othering, climate crisis, racism, pandemics, and terrorism? This fully updated edition offers a practical framework, processes, and useful insights. The traumas of our world go beyond individual or one-time events. They are collective, ongoing, and the legacy of historical injustices. How do we stay awake rather than numbing or responding violently? How do we cultivate individual and collective courage and resilience? This Little Book provides a justice-and-conflict-informed community approach to addressing trauma in nonviolent, neurobiologically sound ways that interrupt cycles of violence and meet basic human needs for justice and security. In these pages, you'll find the core framework and tools of the internationally acclaimed Strategies for Trauma Awareness and Resilience (STAR) program developed at Eastern Mennonite University's Center for Justice and Peacebuilding in response to 9/11. A startlingly helpful approach.

Investment arbitrators rely on sovereignty for their legal status just as investor-state disputes usually stem from disagreements about the role of the state in society. As a result, investment arbitration is a vehicle for the exercise of sovereign authority and a site for contesting sovereign choices. This book investigates and evaluates the decision-making record and policy trajectory of international investment arbitration, from theoretical, doctrinal, and empirical perspectives. It analyses the extent to which the system used to resolve disputes impacts on the role of government, affecting diverse constituencies, as opposed to limiting itself to case-specific disputes between a single business enterprise and state entity. The book provides a comprehensive review of known awards in order to determine the types of government measures that have triggered disputes. It investigates how investment arbitrators have exercised their authority in recent case law. It provides a review of the approaches adopted in the reasoning of investment treaty tribunals on questions of judicial deference and respect for sovereign decision-makers. In doing so, it determines whether investment tribunals have taken a predominantly assertive approach to investor protection, without regard to their relative lack of accountability, capacity, or proximity in some cases. This approach does not sit comfortably with the relative restraint seen by domestic and international courts in similar contexts. The book argues that the unique characteristics of investment treaty arbitration make the experience of domestic judicial review more pertinent to international investment arbitration than to any other contexts for international adjudication. However, it argues that mediating devices in some form should be incorporated into the process in order to solve the tension between the extensive scope and potency of international investment arbitration as an important site of global governance, and the challenges of the review function in reviewing decisions which have strong claims to having comprehensive regulatory expertise, inclusive decision-making, electoral or other public accountability, or greater proximity to the underlying facts and context. Online Appendices

This book presents an interdisciplinary approach to conflict solution focusing on a very specific type of conflict, retributive conflicts . It is unique in the treatment of these and how relative measurement is used to find equilibrium solutions. The authors present an alternative process to address the Israeli-Palestinian conflict. They do so in two ways that are different from past efforts. The first is by formally structuring the conflict and the second is the manner in which discussions were conducted and conclusions drawn. The approach will help create a solution and provide negotiators with a unique pathway to consider the thorny issues and corresponding concessions underlying the deliberations, together with their implementation. The Analytic Hierarchy Process (AHP) provides a way to conflict solution with the participation of negotiators for the parties. It is a positive approach that makes it possible to reason and express feelings and judgments with numerical intensities to derive priorities. With the assistance of panels of Israeli participants and Palestinian participants brought together in 2006 to 2017, AHP was applied for the first time in a group setting to the Palestinian-Israeli conflict. The process makes it clear that moderation in different degrees by both sides is essential to arrive at acceptable agreements on concessions proposed and agreed upon by both sides.

The development of international arbitration as an autonomous legal order is one of the most remarkable stories of institution building at the global level over the past century. Today, transnational firms and states settle their most important commercial and investment disputes not in courts, but in arbitral centres, a tightly networked set of organizations that compete with one another for docket, resources, and influence. In this book, Alec Stone Sweet and Florian Grisel show that international arbitration has undergone a self-sustaining process of institutional evolution that has steadily enhanced arbitral authority. This judicialization process was sustained by the explosion of trade and investment, which generated a steady stream of high stakes disputes, and the efforts of elite arbitrators and the major centres to construct arbitration as a viable substitute for litigation in domestic courts. For their part, state officials (as legislators and treaty makers), and national judges (as enforcers of arbitral awards), have not just adapted to the expansion of arbitration; they have heavily invested in it, extending the arbitral order's reach and effectiveness. Arbitration's very success has, nonetheless, raised serious questions about its legitimacy as a mode of transnational governance. The book provides a clear causal theory of judicialization using original data and analysis, and a broad, relatively non-technical overview of the evolution of the arbitral order. Each chapter compares international commercial and investor-state arbitration, across clearly specified measures of judicialization and governance. Topics include: the evolution of procedures; the development of precedent and the demand for appeal; balancing in the public interest; legitimacy debates and proposals for systemic reform. This book is a timely assessment of how arbitration has risen to become a key component of international economic law and why its future is far from settled.

This is a guide to and commentary on the new procedural rules for arbitration adopted by the Permanent Court of Arbitration (PCA) in December 2012. The PCA is a unique arbitral institution - an intergovernmental organization counting over one hundred member states - with a rapidly growing annual caseload of arbitrations involving various combinations of states, state entities, intergovernmental organizations, and private parties. The 2012 PCA Rules are the most recent set of arbitral rules from any institution, and constitute a consolidation of four sets of PCA Rules drafted in the 1990s, and updated in light of PCA experience and the revision of other procedural regimes. They include special provisions adapted to arbitrations involving public entities and a number of novel provisions drafted on the basis of the PCA's experience administering arbitrations. In recent years, the PCA caseload has expanded to the extent that the total amount in dispute in PCA cases is estimated to be greater than that in any other arbitral institution, increasing the need for a comprehensive guide to arbitration under its auspices. This text benefits from the unparalleled insights of its three co-authors, all of whom are PCA lawyers, one of whom is the Deputy Secretary-General of the PCA, and a member of the drafting committee for the 2012 PCA Rules. An introductory chapter, describing the mandate for the revised rules from the PCA member states, as well as the drafting process itself, is followed by a rule-by-rule analysis following the familiar structure of the rules themselves. This analysis is split into four sections: the introductory rules; the composition of the arbitral tribunal; arbitral proceedings; and the award. The comprehensive appendices are intended to reduce the need for recourse to other materials and provide a stand-alone resource.

Das vierbandige "Handbuch zur Geschichte der Konfliktloesung in Europa" beschaftigt sich mit rechtlichen und ausserrechtlichen Wegen der Entscheidung von Konflikten zwischen einzelnen Menschen sowie zwischen Personen und ihren Obrigkeiten. Das von Expertinnen und Experten aus vielen europaischen Landern geschriebene Handbuch soll als zentrales Referenzmedium fur die historische Dimension aller Aspekte der Streitentscheidung dienen. Der Aufbau des Werks orientiert sich an den vier Epochen Antike, Mittelalter, Fruhe Neuzeit und 19./20. Jahrhundert. Nach einer Einfuhrung in die jeweilige Epoche werden die fur den Zeitabschnitt kennzeichnenden Akteure, Verfahren und Institutionen vorgestellt sowie Kernfragen und Zentralprobleme der Streitentscheidung in zeittypischen Konfliktfeldern behandelt. Die europaische Perspektive des Handbuchs schlagt sich in UEberblicken zu einzelnen Landern, Regionen und Rechtskulturen nieder. Ausfuhrliche Hinweise auf die weiterfuhrende Literatur runden die Darstellung ab. Der vorliegende Band 1 umfasst Beitrage zur Antike.

Das vierbandige "Handbuch zur Geschichte der Konfliktloesung in Europa" beschaftigt sich mit rechtlichen und ausserrechtlichen Wegen der Entscheidung von Konflikten zwischen einzelnen Menschen sowie zwischen Personen und ihren Obrigkeiten. Das von Expertinnen und Experten aus vielen europaischen Landern geschriebene Handbuch soll als zentrales Referenzmedium fur die historische Dimension aller Aspekte der Streitentscheidung dienen. Der Aufbau des Werks orientiert sich an den vier Epochen Antike, Mittelalter, Fruhe Neuzeit und 19./20. Jahrhundert. Nach einer Einfuhrung in die jeweilige Epoche werden die fur den Zeitabschnitt kennzeichnenden Akteure, Verfahren und Institutionen vorgestellt sowie Kernfragen und Zentralprobleme der Streitentscheidung in zeittypischen Konfliktfeldern behandelt. Die europaische Perspektive des Handbuchs schlagt sich in UEberblicken zu einzelnen Landern, Regionen und Rechtskulturen nieder. Ausfuhrliche Hinweise auf die weiterfuhrende Literatur runden die Darstellung ab. Der vorliegende Band 2 umfasst Beitrage zum Mittelalter.

This is a much-needed reference work providing practitioners and academics with a detailed commentary on and thorough analysis of German arbitration law and practice. This title covers both domestic and international arbitration in all its stages. The work details the legal framework for German-related arbitration and provides practical guidance on the appropriate choices, with a specific focus on particularities of German law and practice. It contains a high level of analysis whilst maintaining a practical approach and structure mirroring the typical course of arbitral proceedings. The book navigates along the life cycle of an arbitration, commencing with the arbitration agreement, continuing with the arbitral tribunal, the arbitral proceedings and interim relief, and concluding with the arbitral award including its recognition and enforcement. At each stage, the work combines exhaustive legal analysis, clear and concise presentation, and a practical and accessible approach. Written by highly regarded experts in the field, it provides arbitration practitioners and academics alike with a thorough guide for use when working on cases with a German nexus with a detailed analysis of the applicable legal framework in Germany. Arbitration in Germany continues to grow as the country builds on its reputation as a suitable venue for international arbitration. This trend is reflected in the increasing relevance of the German Institution of Arbitration (DIS), which currently has more than 1,150 members domestically and overseas, including numerous major trade organizations and chambers of commerce, leading German companies, judges, lawyers and academics. The number of arbitration cases under the DIS Rules has more than doubled since 2005 while statistics of the International Chamber of Commerce (ICC) show that Germany is the fifth most frequently chosen place of arbitration and German law is the fourth most frequently chosen law. Even where the place of arbitration is outside Germany, German arbitration law plays an increasingly important role for the recognition and enforcement of awards. This particular significance is highlighted by Germany's strong export-oriented economy and is mirrored in the fact that German parties are the second most frequently encountered nationality among parties in ICC arbitrations worldwide.

Der Sicherheitsrat der Vereinten Nationen beschloss im Februar 1993 die Errichtung des Internationalen Strafgerichtshofs fur das ehemalige Jugoslawien. Art. 15 des Statuts ubertrug den Richtern die Ausformung der Prozessordnung. Art. 20 Abs. 1 verpflichtet die Richter zur Gewahrleistung eines fairen Verfahrens. Vor diesem Hintergrund ist Gegenstand der vorliegenden Arbeit eine Untersuchung der Umsetzung dieser Vorgaben bei der Konstituierung und Zusammensetzung der Richterschaft des Tribunals, seiner Vorgehensweise bei der Ausformung des Prozessrechts sowie der geschaffenen Prozessordnung."

This highly-regarded text is now available to a wider audience with the publication of the third edition in English. The work comprises a detailed review of Chapter 12 of the Swiss Private International Law Act, which governs international arbitration in Switzerland, discussing arbitral and institutional practice under the ICC Rules, the Swiss Rules of International Arbitration, and the Code of Sport-related Arbitration (CAS Code), as well as making reference to the UNCITRAL Rules. Part III of the Swiss Federal Code of Civil Procedure came into force in January 2011 and is referenced where applicable. The book covers all essential aspects of international arbitral proceedings and arbitration-led court proceedings in Switzerland, from the drafting and validity of arbitration agreements to the challenge, enforcement, and recognition of arbitral awards. Comparative analysis and transnational perspectives enhances the practical and systematic advice at the centre of the work.
The book is co-authored by Gabrielle Kaufmann-Kohler and Antonio Rigozzi, both leading experts in the field of international arbitration. Kaufmann-Kohler in particular is regarded as a world leader in this field, being regularly ranked in the world's top ten international arbitrators and most recently as the 'most highly-regarded' arbitrator in the world by The International Who's Who of Commercial Arbitration. The authors' combined expertise in international commercial, investment, and sports arbitration makes this book an essential resource for anyone involved with international arbitration in Switzerland.

The Rome I Regulation applies to all EU Member States (except Denmark) in relation to 'contractual obligations in civil and commercial matters' in 'situations involving a conflict of laws' that arise out of contracts concluded from 17 December 2009. The Rome I Regulation has been described by the European Commission as 'a central element of the Community acquis in the area of civil justice'. This book is the most comprehensive work on the development of the Rome I Regulation that studies in detail the historical background, the legislative development and the teleological purpose of the Regulation. Beginning with the work that led up to the 1972 Draft Convention and the much neglected original French rapporteur's commentary, the author traces developments in the text through the 1980 Convention, highlights the legislative developments that began with the 2003 Green Paper, the Commission's 2005 Proposal and the subsequent negotiations that took place in the European Council and European Parliament that led to the final text of the Rome I Regulation itself. Particular emphasis is placed on highlighting the legislative intent reflected in the changes to the text of the draft Regulation that were made by the Civil Law Committee (Rome I) of the Council. The book marks out the borderline between the Rome I and Rome II Regulations, and considers in detail the application of the conflict-of-law rules in the Rome I Regulation to the specifically protected contracts such as consumer, insurance, carriage of passengers and individual employment contracts. It provides a primary source of reference for all readers involved in the practical interpretation of the Rome I Regulation, or who are interested in choice of law issues arising in international commercial contractual disputes.

Very Short Introductions: Brilliant, Sharp, Inspiring Arbitration is a legal dispute resolution mechanism, alternative to courts. It provides binding decisions, enforceable around the world. It is where parties take their disputes when they have agreed that courts, for one reason or another, do not suit them - which happens more often than one might think. Some of the most politically sensitive disputes on the largest scale go to arbitration. Countries which need to settle their boundaries in areas of the oceans rich in oil, gas and other resources sometimes arbitrate, and much of the war in Sudan was eventually tied up with an arbitration. Investors who have staked billions of dollars in unstable developing countries rely on arbitration clauses to protect their investments. But also much smaller, everyday cases are routinely dealt with by arbitration - millions of consumers, whether they know it or not, enter into arbitration contracts when they conclude routine transactions. Even athletes get involved in arbitration cases of great notoriety, for instance when these relate to doping offences during the Olympic Games. This Very Short Introduction explains what arbitration is, how it works, what parties who have agreed to go to arbitration should expect, the relationship between arbitration and the law, and the politics of arbitration. It also considers where the global system of arbitration is headed. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.