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.

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."

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.

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.

Forum shopping in international litigation and arbitration is the product of the differences which exist in the procedural and substantive laws of countries throughout the world participating in an ever-more globalized economy.This book provides an in-depth study of the conditions for, motivations behind and techniques of forum shopping as well as possible defences against it. It will be of interest to practitioners, judges and academics throughout the common law world, the European Union and the United States.

Dieses Open-Access Buch erlautert in einer praxisnahen Darstellung, wie sich Erbstreitigkeiten durch eine Mediation zugig und fur alle Beteiligten sehr befriedigend beilegen lassen. Auf der Grundlage ihrer jahrelangen Mediationspraxis berichten die Verfasser, warum sich erbrechtliche Konflikte in besonderer Weise fur pragmatische Kompromisse eignen und wie es gelingt, die Erben auf diesen Weg zu bringen. Das Buch versteht sich als Ratgeber fur anwaltliche Berater, Mediatoren sowie fur Erblasser und Erben und gibt vielfaltige Hilfestellungen fur kluges Konfliktmanagement in der Gestaltung und Abwicklung der Vermoegensnachfolge.

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.

Arbitration is one form of alternative dispute resolution (ADR). It must be taken into account that ADR was envisioned as an alternative to litigation, with its own manifest of substantive and procedural characteristics. To that extent, arbitration enhances access to justice by permitting claimants to bring claims they could not afford to bring to court. International commercial arbitration is a legally binding dispute resolution process that substitutes for domestic courts. Arbitration began as an extrajudicial mechanism for resolving disputes. Arbitration took its rise in the very infancy of Society as a private and self-contained method, distinctive from litigation and not as a postscript to the development of public courts. Has this fact been shared by state legislation and modern arbitration practice or has arbitration been developed into an appendage of the courts? Merchants established arbitration tribunals because they felt that the courts were not sufficiently knowledgeable about commercial customs and were exceptionally slow and unwieldy. National arbitration, international commercial arbitration, and investor-state arbitration have developed on parallel but separate tracks, each reacting to different political, economic, and social settings. Although arbitration is a quasi-judicial proceeding, it is not conducted with the same degree of formality as a judicial proceeding within the United States which means that the spirit of arbitration is the parties freedom from the strict structure of ordinary judicial proceedings. Arbitration has to guarantee legal certainty, predictability, and settlement being costless. The emergence of many non-independent arbitral tribunals creates a Gordian knot by merely adding more work for courts in order to deal with so many requests for intervention in arbitrations. The current perplexing between arbitration and courts causes only confusion, profit chances for many people and less quick and cheap justice. In addition, arbitration is judicialized dependent more and more from court rulings; this causes it to lose its advantages and become more and more costly. Because of this, its validity is questionable and it might be more productive to establish more courts to employ more judges rather than struggling with arbitration as it currently functions. Taking into account that private parties are performing an escalating number of tasks that were once accomplished by the government, privatization has become so prevalent and involves delegation of state authority to private parties. This can be seen as a legal basis for the independence of arbitration under National Authority Management Arbitration (NAMA).

Arbitration is one form of alternative dispute resolution (ADR). It must be taken into account that ADR was envisioned as an alternative to litigation, with its own manifest of substantive and procedural characteristics. To that extent, arbitration enhances access to justice by permitting claimants to bring claims they could not afford to bring to court. International commercial arbitration is a legally binding dispute resolution process that substitutes for domestic courts. Arbitration began as an extrajudicial mechanism for resolving disputes. Arbitration took its rise in the very infancy of Society as a private and self-contained method, distinctive from litigation and not as a postscript to the development of public courts. Has this fact been shared by state legislation and modern arbitration practice or has arbitration been developed into an appendage of the courts? Merchants established arbitration tribunals because they felt that the courts were not sufficiently knowledgeable about commercial customs and were exceptionally slow and unwieldy. National arbitration, international commercial arbitration, and investor-state arbitration have developed on parallel but separate tracks, each reacting to different political, economic, and social settings. Although arbitration is a quasi-judicial proceeding, it is not conducted with the same degree of formality as a judicial proceeding within the United States which means that the spirit of arbitration is the parties freedom from the strict structure of ordinary judicial proceedings. Arbitration has to guarantee legal certainty, predictability, and settlement being costless. The emergence of many non-independent arbitral tribunals creates a Gordian knot by merely adding more work for courts in order to deal with so many requests for intervention in arbitrations. The current perplexing between arbitration and courts causes only confusion, profit chances for many people and less quick and cheap justice. In addition, arbitration is judicialized dependent more and more from court rulings; this causes it to lose its advantages and become more and more costly. Because of this, its validity is questionable and it might be more productive to establish more courts to employ more judges rather than struggling with arbitration as it currently functions. Taking into account that private parties are performing an escalating number of tasks that were once accomplished by the government, privatization has become so prevalent and involves delegation of state authority to private parties. This can be seen as a legal basis for the independence of arbitration under National Authority Management Arbitration (NAMA).

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 3 umfasst Beitrage zur Fruhen Neuzeit.

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.

The National Mediation Board (NMB) was established under the Railway Labor Act to facilitate labor relations for railroads and airlines by mediating and arbitrating labor disputes and overseeing union elections. The FAA Modernization and Reform Act of 2012 included a provision for United States Government Accountability Office (GAO) to evaluate NMB programs and activities every 2 years. GAOs first report under this provision, issued in December 2013, included seven recommendations for NMB based on assessments of policies and processes in several management and program areas. This book examines the extent to which NMB has implemented recommendations made by GAO in December 2013, and incorporated key procurement practices.

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.

International Commercial Arbitration in Sweden offers comprehensive coverage and analysis of the principles, rules, and legal aspects of international commercial arbitration in Sweden. Sweden has long been a leading centre for international arbitrations, particularly for disputes involving parties from the Russian Federation, other Eastern European countries, and China. Written by a renowned author with more than 25 years experience, practising both as counsel and arbitrator, this book utilizes personal and professional experience to provide the non-Swedish reader with an in-depth knowledge of Swedish arbitration laws as they are applied internationally. Special attention is paid to issues relating to the conflict of laws and further aspects of private and public international law, such as issues around the enforcement of foreign awards in Sweden. This new edition features additional appendices providing a detailed overview of the key cases and legislative amendments since the publication of the first edition.

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."

Mediation provides an attractive alternative to resolving disputes through court proceedings. Mediation promises just results in the interest of all parties concerned, a reduction of the court caseload, and cost savings for the parties involved as well as for the treasury. The European Directive on Mediation has given mediation in Europe new momentum by establishing a common framework for cross-border mediation. Beyond Europe, many states have tried in recent years to answer the question whether, and if so, how mediation should be regulated at a national and international level. The aim of this book is to promote the understanding and discussion of regulatory issues by presenting comparative research on mediation. It describes and analyses the law and practice of mediation in twenty-two countries. Europe is represented by chapters on mediation in Austria, Bulgaria, England, France, Germany, Greece, Hungary, Ireland, Italy, the Netherlands, Norway, Poland, Portugal and Spain. The world beyond Europe is analysed in chapters on mediation in Australia, Canada, China, Japan, New Zealand, Russia, Switzerland and the USA. Against this background, further chapters on fundamental issues identify possible regulatory models and discuss central principles of mediation law and practice. In particular, the work considers harmonisation and diversity in the law of mediation as well as the economic and constitutional problems associated with privatising civil justice. To the extent available, empirical research is used as a point of reference in the critical analysis.

A practical reference on the EU rules and international initiatives that impact directly on EU cross-border disputes, this handbook is a must-have for any practitioner of cross-border mediation. The EU Mediation Directive 2008/52/EC laid down obligations on EU Member States to encourage quality of mediators and providers across specific compliance considerations, including codes of conduct and training, court referral, enforceability of mediated settlements, confidentiality of mediation, the effect of mediation on limitation periods, and encouraging public information. The book is organized into clear and consistent themes, structured and numbered in a common format to provide easily accessible provisions and commentary across the essential considerations of the Directive. All EU countries which have complied, along with Denmark (which opted out of implementing the Directive), or attempted to comply, with the Directive are included, allowing straightforward comparison of key issues across the different countries in this important and evolving area. Supplementary points of practical use, such as statistics on the success rates of mediation and advice on the requirements for parties to participate in mediation, and for parties and lawyers to consider mediation, add further value to the jurisdiction-specific commentary. A comparative table of the mediation laws forms an invaluable quick-reference appendix for an overview and comparison of the information of each jurisdiction, together with English translations of each country's mediation law or legislative provisions. Address this dynamic area of law with the benefit of guidance across all elements of the Directive impacting practice, provided by respected and experienced editors from the knowledgeable European authority in mediation, ADR Center, along with a host of expert contributors.

Arbitration of International Business Disputes 2nd edition is a fully revised and updated anthology of essays by Rusty Park, a leading scholar in international arbitration and a sought-after arbitrator for both commercial and investment treaty cases. This collection focuses on controversial questions in arbitration of trade, financial, and investment disputes.
The essays address some of the most interesting topics in cross-border business dispute resolution, many of which have endured over several decades and remain subject to radically different views. Examples include the proper role of judicial review, the allocation of jurisdictional tasks, evolution of arbitration's statutory and treaty framework, free trade and bilateral investment agreements, and the balance between fixed rules and arbitral discretion.
The book is structured around three themes: arbitration's legal framework; the conduct of arbitral proceedings; and a comparison of arbitration in specific fields such as finance, intellectual property, and taxation. In each of these areas, analysis includes the tensions between fairness and efficiency, and the accurate application of substantive law as well as the implications of mandatory procedural norms.
Augmented by more than a dozen new contributions and a revised introduction, this 2nd edition retains all of its earlier practical and scholarly relevance, and includes a Foreword by V. V. (Johnny) Veeder QC.

This book brings together leading and emerging scholars and practitioners to present an overview of how regional, international and transnational courts and tribunals are engaging with the environment. With the natural world under unprecedented pressure, the book highlights the challenges and opportunities presented by international dispute resolution for the protection of the environment and the further development of international environmental law. Presented in three parts, it addresses how individual courts and tribunals engage with environmental matters (Part I); how courts and tribunals are resolving key issues common to environmental litigation (Part II); and future opportunities and developments in the field (Part III). The book is an essential one-stop-shop for students, practitioners and academics alike interested in international litigation and the protection of our global environment. Edgardo Sobenes is an international lawyer and consultant in international law (ESILA), Sarah Mead is a lawyer specialising in international environmental and human rights law, and Benjamin Samson is a researcher at the Universite Paris Nanterre and consultant in international law.

Lawsuits are rare events in most people's lives. High-stakes cases are even less commonplace. Why is it, then, that scholarship about the Japanese legal system has focused almost exclusively on epic court battles, large-scale social issues, and corporate governance? Mark D. West's "Law in Everyday Japan" fills a void in our understanding of the relationship between law and social life in Japan by shifting the focus to cases more representative of everyday Japanese life.
Compiling case studies based on seven fascinating themes--karaoke-based noise complaints, sumo wrestling, love hotels, post-Kobe earthquake condominium reconstruction, lost-and-found outcomes, working hours, and debt-induced suicide--"Law in Everyday Japan" offers a vibrant portrait of the way law intermingles with social norms, historically ingrained ideas, and cultural mores in Japan. Each example is informed by extensive fieldwork. West interviews all of the participants-from judges and lawyers to defendants, plaintiffs, and their families-to uncover an everyday Japan where law matters, albeit in very surprising ways.

In the second edition of his award-winning book, Harold Abramson offers a framework for representing clients in mediation in the form of his Mediation Representation Triangle that emphasizes knowing how to negotiate effectively, how to enlist mediator assistance, and how to develop a mediation representation plan that meets clients' interests, overcomes impediments, and shares information judiciously. Through his expanded and carefully crafted framework for effective problem-solving advocacy in mediation, he answers such keys questions as: How to select the right mediator? How do you prepare your case and client for mediation? And, what to do as the mediation unfolds? Abramson begins by examining how to be an effective negotiator in mediation including during each mediation stage, opening statements, joint sessions and caucuses. He also gives considerable attention to the various ways mediators can assist participants in the mediation. He then covers advising clients about the mediation option, negotiating an agreement to mediate, preparing cases and clients for the mediation session, and appearing in pre-mediation conferences, mediation sessions, and post-sessions. He also presents alternative processes for resolving issues not settled in mediation. This second edition introduces new material on resolving moneyed disputes, dealing with emotions, sharing information, interviewing mediators and their references, choosing between joint sessions and caucuses, generating movement, proactively enlisting the mediator, searching for creative solutions, and navigating legal issues when drafting agreements. It also includes new approaches to assessing and preparing opening statements and refines the critical techniques for bridging any final gap.

Delivering a clear and precise statement of the law and comprehensive practical guidance this book addresses the formation, administration, and financial management of unincorporated associations and the commonly occurring problems that arise. As well as content on practical matters such as rules, committees, and registration of names, the book gives clear guidance on the classification of unincorporated associations and on distinguishing them from other forms of clubs. It also addresses disciplinary action against members, as well as both tortious and contractual liability and civil court procedure, providing a complete source of reference for those involved in advising all types of unincorporated associations.
The appendices provide specimen sets of rules and procedure for disciplinary action giving practical guidance and equipping the reader with invaluable time saving tools.
Outside of England and Wales, European Union policy has had a significant impact on the law relating to unincorporated associations, limiting the freedom to contract which originally governed the formation of interlinked contracts within these groups. The implementation of European Convention for the Protection of Human Rights and Fundamental Freedoms, along with related statues, has affected the right of membership to an unincorporated association and the manner in which a member may be disciplined for breach of rules. The book provides unique guidance on these changes as well as the impact of those affected by the Woolf reforms on disputes concerning unincorporated associations.

This book centres on the ways in which the concept of imperativeness has found expression in private international law (PIL) and discusses "imperative norms", and "imperativeness" as their intrinsic quality, examining the rules or principles that protect fundamental interests and/or the values of a state so as to require their application at any cost and without exceptions. Discussing imperative norms in PIL means referring to international public policy and overriding mandatory rules: in this book the origins, content, scope and effects of both these forms of imperativeness are analyzed in depth. This is a subject deserving further study, considering that very divergent opinions are still emerging within academia and case law regarding the differences between international public policy and overriding mandatory rules as well as with regard to their way of functioning. By using an approach mainly based on an analysis of the case law of the CJEU and of the courts of the various European countries, the book delves into the origin of imperativeness since Roman law, explains how imperative norms have evolved in the different conceptions of private international law, and clarifies the foundation of the differences between international public policy and overriding mandatory rules and how these concepts are used in EU Regulations on PIL (and in the practice related to these sources of law). Finally, the work discusses the influence of EU and public international law sources on the concept of imperativeness within the legal systems of European countries and whether a minimum content of imperativeness - mainly aimed at ensuring the protection of fundamental human rights in transnational relationships - between these countries has emerged. The book will prove an essential tool for academics with an interest in the analysis of these general concepts and practitioners having to deal with the functioning of imperative norms in litigation cases and in the drafting of international contracts. Giovanni Zarra is Assistant professor of international law and private international law and transnational litigation in the Department of Law of the Federico II University of Naples.

With the growth of the global economy over the past two decades, foreign direct investment (FDI) laws, at both the national and international levels, have undergone rapid development in order to strengthen the protection standards for foreign investors. In terms of international investment law, a network of international investment agreements has arisen as a way to address FDI growth. FDI backlash, reflective of more restrictive regulation, has also emerged. The Evolving International Investment Regime analyzes the existing challenges to the international investment regime, and addresses these challenges going forward. It also examines the dynamics of the international regime, as well as a broader view of the changing global economic reality both in the United States and in other countries. The content for the book is a compendium of articles by leading thinkers, originating from the International Investment Conference "What's New in International Investment Law and Policy?"

The role of the third party has fast become a pervasive problem in the field of international arbitration, as parties not bound by an arbitration agreement are seen to be excluded from the process, even if they clearly maintain a legal or financial interest in a dispute between other persons who are bound by an arbitration clause. Third Parties in International Commercial Arbitration considers the role of third parties in arbitration agreements and proceedings and in arbitral awards and covers significant theoretical and practical questions. These questions include: which is the proper party in arbitration; whether a tribunal can assume jurisdiction over claims by or against a party that is not designated in the arbitration clause (third-party claims); whether a party can rely on the findings of a previous arbitral award in subsequent proceedings against a third party; and whether a third party to an arbitral award can rely on its findings in proceedings against a party to the award. Adopting a comparative, international approach, third-party claims are discussed in relation to many areas such as assignment and other forms of transfer; agency (actual and apparent) and representation; third-party beneficiary; incorporation by reference; corporations and partnerships; in guarantees and other security agreements; construction contracts and string contracts; arbitral estoppel; group of companies and alter ego; implied consent and consent by conduct; name-borrowing; third parties claiming through or under an arbitration clause or several compatible arbitration clauses. The book also discusses issues about arbitral effect (res judicata and issue estoppel) and third parties. In Third Parties in International Commercial Arbitration Brekoulakis consolidates the discussion on issues where reasonable agreement among scholars and tribunals exists, but at the same time proceeds to identify those areas that require further convergence. He examines and classifies all the existing theories and legal bases on third-party claims in clearly defined groups and puts forward a new systematic approach to the discussion to be used as an alternative to the existing theories.