With a Foreword by Tjaco T. van den Hout, Secretary-General of the Permanent Court of Arbitration and an Introduction by V.V. Veeder Q.C. The Bank for International Settlements Arbitration (2002 and 2003) concerned the compensation to be paid for privately held shares recalled by the Bank for International Settlements on 8 January 2001. The issues in dispute included the lawfulness of the recall of the shares and the applicable standards for valuation of those shares, the adequacy of the amount paid by the Bank for International Settlements for the recalled shares, and the amount of compensation to be paid. The Tribunal's awards contribute greatly to existing jurisprudence on matters such as valuation of an expropriated asset, the award of interest, and the right to damages for breach of an arbitration agreement where one party seeks to bring a claim on the merits before a domestic court. This bi-lingual edition contains the official English version of the awards rendered in the Bank for International Settlements Arbitration, together with the Tribunal's French translation of the awards. A stimulating and lively introduction is provided by V.V. Veeder Q.C., who appraises the contribution of the awards to international law.

FIFA has accepted the jurisdiction of the CAS as from 11 November 2002. This date does not mark the beginning of the arbitration of the CAS in football matters, however it has to be stated, that from this date on football disputes in front of the CAS increased enormously. This book is dedicated to the most important decisions of the CAS in football disputes. These awards are analyzed by experts, practicing all over the world. Most of the authors have been directly involved in the proceedings before the CAS. The commentaries cover a broad spectrum of disputes, inter alia, disputes concerning the contractual stability, protection of young football players, doping, football hooliganism, match fixing, players release, multiple club ownership, player agents and the stays of execution. This book provides a wide range of valuable information and is a useful tool for those whose main concern is professional football, such as sports lawyers, sports managers and sports agents, but also academics and researchers. The book appears in the ASSER International Sports Law Series, under the editorship of Dr. Robert Siekmann, Dr. Janwillem Soek and Marco van der Harst LL.M.

This book charts the historical and current interaction between lawyers and mediation in both the common law and civil law world and analyses a number of issues relevant to lawyers' part in the process. Lawyers have in the past and continue to play many roles in the context of mediation. While some are champions for the process, many remain on the fringes and apathetic, while others are openly sceptical or even anti-mediation in their stance. Yet others may have embraced mediation but, it is argued, for cynical, disingenuous reasons. By reviewing existing empirical evidence on lawyers' interactions with mediation and by examining historical and current trends in lawyers' dalliance with mediation, this book seeks to shed new light on a number of related issues, including: lawyers' resistance to mediation; lawyers' motives for involvement with mediation; the appropriateness of lawyers acting as mediators and party representatives; and the impact that both lawyers and the increasing institutionalisation of mediation have had on the normative form of the process, as well as the impact that mediation experience heralds for lawyers and legal systems in general.

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.

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.

This book explores the importance of autonomy in family law. It argues that traditional understandings of autonomy are inappropriate in the family law context and instead recommends the use of relational autonomy. The book starts by explaining how autonomy has historically been understood, before exploring the problems with its use in family law. It then sets out the model of relational autonomy which, it will be argued, is more appropriate in this context. Finally, some examples of practical application are presented. The issues raised and theoretical discussionis relevant to any jurisdiction."

The Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO Members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the only authorized paginated reports in English. As such, they are an essential addition to the library of every practising and academic trade lawyer, and will be widely consulted by students taking courses in international economic or trade law. The WTO authorized printed DSR volumes commenced publication with DSR, 1996: I. Publication of the Cambridge printed edition follows the WTO website publication of all new reports, which will continue in the three working languages of English, French and Spanish. Once a report has been released on the WTO website it will be published in the next Cambridge printed volume

Arbitration has become an increasingly important mechanism for dispute resolution, both in the domestic and international setting. Despite its importance as a form of state-sanctioned dispute resolution, it has largely remained outside the spotlight of constitutional law. This landmark work represents one of the first attempts to synthesize the fields of arbitration law and constitutional law. Drawing on the author's extensive experience as a scholar in arbitration law who has lectured and studied around the world, the book offers unique insights into how arbitration law implicates issues such as separation of powers, federalism, and individual liberties.

Pakistan has recently reformed its arbitration laws and laws on the recognition and enforcement of foreign arbitration agreements and awards. These reforms relate to both international commercial and investment arbitration. This book highlights the changes brought about by the recent enactments and explains the relationships between the old and new legislation. It provides a detailed and up-to-date analysis of Pakistani case law on foreign arbitration agreements and awards. Part I describes the background of arbitration laws in Pakistan. Part II explains the applicable substantive and procedural rules for the recognition and enforcement of foreign arbitration agreements and awards and other important issues, such as the severability of arbitration clauses from main agreements, questions of public policy, and interim measures supporting foreign arbitration. Part III analyses the recent enactments that implement the New York and the ICSID Conventions in Pakistan.

Everyone condemns what they perceive as 'abuse of rights', and some would elevate it to a general principle of law. But the notion seldom suffices to be applied as a rule of decision. When adjudicators purport to do so they expose themselves to charges of unpredictability, if not arbitrariness. After examining the dissimilar origins and justification of the notion in national and international doctrine, and the difficulty of its application in both comparative and international law, this book concludes that except when given context as part of a lex specialis, it is too nebulous to serve as a general principle of international law.

In Third Party Funding, Gian Marco Solas, for the first time, describes third party funding (TPF) as stand-alone practice within the wider litigation and legal services' markets. The book reports on legal issues related to TPF in both common law and civil law jurisdictions, and in the international context. It then discusses the incentives and economics of TPF transactions in different legal contexts while explaining how the practice emerged and how it is likely to develop. In addition, the book offers practical insights into TPF transactions and analyzes a number of regulatory proposals that could affect its use and desirability. This work should be read by scholars, practitioners, policymakers, and anyone else interested in how TPF is changing the practice of law.

The World Court Digest continues the Fontes Iuris Gentium, a series that presents the decisions of the Permanent Court of International Justice, up to 1990. The new volume covers the period from 1996 to 2000. All important pronouncements of the Court in its judgments and advisory opinions, are systematically arranged under specific topics taken from substantive and procedural international law. The World Court Digest provides reliable access to the decisions of the most significant international judicial organ on questions as important as the aerial incident at Lockerbie, the crimes of genocide in Bosnia and Herzegovina, as well as the use of nuclear weapons and the use of force in the Yugoslavian context.

The book provides a comprehensive analysis of the advisory role of the International Court of Justice in light of its jurisprudence and overall contribution over a period of more than 55 years. The author highlights the "organic connection" between UN organs and the Court and the Court 's contribution as one of the UN 's principal organs to the Organisation. The basic argument of this study is that the advisory function should be understood as a two-sided process involving the interplay between UN organs and the ICJ. The request for and the giving of an advisory opinion is a collective coordinated process, involving more than one organ or part of the Organisation.

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.

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 Praxishandbuch zum Mediationsgesetz orientiert sich am neuen Mediationsgesetz, das erstmals einen rechtlichen Rahmen fur alle Mediatoren unterschiedlichster Ursprungsberufe vorgibt. So werden mit dem neuen Gesetz verbindliche Regeln zur Struktur des Verfahrens, zu seinem Ablauf und zur Rolle des Mediators geschaffen. Ferner normiert das Gesetz klare Regeln zu Verschwiegenheitspflichten und -rechten der Mediatoren aus unterschiedlichen Berufsgruppen. Das Mediationsgesetz gibt nun auch Standards fur die Aus- und Fortbildung des Mediators vor, so dass das Berufsbild des Mediators gescharft und damit die Qualitat gesichert wird. Im Zuge der Neuregelungen wurde die Gerichtsmediation durch die Einfuhrung eines neuen "Guterichterverfahrens" ersetzt und folgerichtig AEnderungen in der ZPO und anderen Verfahrensvorschriften vorgenommen. Das Praxishandbuch greift diese Regelungen klarend auf, geht aber noch vertiefend auf praxisrelevante Themen ein (wie Haftung des Mediators, Abgrenzung der Mediation zu anderen Verfahren, Verschwiegenheitspflichten der Ursprungsberufe) und liefert an geeigneter Stelle praxistaugliche Formulare und Muster (wie Mediationsvereinbarung, Abschlussvereinbarung, Verschwiegenheitsklauseln, Klageantrag). Die Autoren Franziska Geier (M.A. phil., Ass. jur.), Mediatorin/Lehrtrainerin BMWA; Ulrike Hinrichs, (M.B.A.), Rechtsanwaltin und Mediatorin (BMWA/BM); Lutz Ropeter (LL.M.), Rechtsanwalt und Mediator; Martina Stoldt (LL.M.), Rechtsanwaltin und Wirtschaftsmediatorin; Dr. Felix Wittern, Rechtsanwalt (Fachanwalt fur IT-Recht) und Mediator; Sebastian Zukunft, Rechtsanwalt und Mediator (BM).

This overview and analysis of current arbitration law and practice in mainland China offers critical analysis of significant Chinese arbitration law materials and key cases decided by the Supreme People's Court of the People's Republic of China (PRC). It also provides the full texts of around two hundred decisions of the Supreme People's Court of the PRC dating from 1990 to 2013, with enclosures of lower People's Courts' decisions presented in a systematic fashion. The analysis not only highlights the importance of the materials, judicial interpretations and key cases, but also enables readers to read mainland Chinese statutes, judiciary interpretations and cases independently and confidently.

This book charts the work of the Iran-US Claims Tribunal which was established in the wake of the breakdown of relations between the United States and Iran after the Iranian revolution in 1979. The seizure of the US Embassy and US assets in Iran created a rift between the US and Iran which led to the expulsion and expropriation of US property. The US retaliated by freezing all Iranian assets in America including funds held in US banks. The Tribunal which was created after extensive international negotiations involving other governments was funded by the Iranian Government to settle all outstanding claims between Government and Government, US nationals against the Iranian Government and Iranian nationals against the US Government. The tribunal was divided into three chambers in the Hague: US, Iran and a neutral judge sat on each of the Tribunals. The work of the Tribunal is of great interest to international lawyers and arbitrators because it is a large scale international Tribunal trying to deal with the settlement of large claims against governments on behalf of other governments and domestic citizens. The application of the principles developed by the Tribunal to other areas of international law is considerable so the book will be of general interest to a wide range of international lawyers.

The recent explosion of investment treaty arbitration marks a major transformation of both international and public law, above all because of the manner in which states have delegated core powers of the courts to private arbitrators. This book outlines investment treaty arbitration as a public law system and demonstrates how the system goes beyond all other forms of international adjudication in giving arbitrators a comprehensive jurisdiction to determine the legality of sovereign acts and to award public funds to businesses that sustain loss as a result of government regulation. The analysis also reveals some startling consequences of transplanting rules of commercial arbitration into the regulatory sphere. For instance, the system allows public law to be interpreted by arbitrators in private as a matter of course, with limited scope for judicial review. Further, arbitrators can award compensation to investors in ways that go beyond domestic systems of state liability, and these awards may then be enforced in as many as 165 countries, making them more widely enforceable than any other adjudicative decision in public law. The system's mixture of private arbitration and public law undermines accountability and openness in judicial decision-making. But, most importantly, it poses a unique and fundamental challenge - hitherto neglected by other commentators - to the principle of judicial independence. To address this, this book argues that the system be replaced with an international investment court, properly constituted according to public law principles, and made up of tenured judges.

Investment arbitration has emerged from modest beginnings and matured into an established presence in international law. However, in recent years it has drifted from the reciprocal vision of its founders. This volume serves as a comprehensive guide for those who wish to reform international investment law from within, seeking a return to the mutuality of access that is in arbitration's essence. A detailed toolset is provided for enhancing the access of host States and their nationals to formal resolution mechanisms in foreign investment disputes. It concludes by offering model texts to achieve greater reciprocity and access to justice in the settlement of disputes arising from international investment initiatives. The book will appeal to all those interested in the future of international investment law, including an international audience of scholars, government officials, private sector actors, and private citizens alike, and including diverse constituencies, communities, and collectives of host State nationals.

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.

Das deutsche Verfassungsrecht erkennt an, dass der U.S. Supreme Court Vorbild fur die Errichtung des Bundesverfassungsgerichts war. Eine rechtsvergleichende und -historische Analyse zeigt aber, dass auch die Verfassung der USA das deutsche Verfassungs- und Verfassungsprozessrecht massgeblich pragte. Gesichert ist, dass der U.S. Supreme Court das Bundesverfassungsgericht und seine zugrunde liegenden Rechtsvorschriften am starksten beeinflusste."

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.