This book provides a comprehensive commentary on the UNCITRAL Model Law on International Arbitration. Combining both theory and practice, it is written by leading academics and practitioners from Europe, Asia and the Americas to ensure the book has a balanced international coverage. The book not only provides an article-by-article critical analysis, but also incorporates information on the reality of legal practice in UNCITRAL jurisdictions, ensuring it is more than a recitation of case law and variations in legal text. This is not a handbook for practitioners needing a supportive citation, but rather a guide for practitioners, legislators and academics to the reasons the Model Law was structured as it was, and the reasons variations have been adopted.

Mediation Law and Practice gives a thorough account of the practice of mediation from the perspective of the student and practitioner. Divided into two parts, it deals with both the practice of mediation and the law surrounding mediation. Touching on the theory and philosophy behind the practice, it further describes in a theoretical and practical sense the difference between the emerging models of mediation. Mediator qualities are discussed in terms of issues of gender, culture and power. This book examines the important issue of mediation ethics and, taking into account the developing law surrounding the practice, proposes a code of ethics. It looks at the future of mediation in light of the decline in litigation, the rise in regulatory constraints on mediation and the popularity of online mediation. Mediation Law and Practice provides students and practitioners with the complete text on the practice and law surrounding mediation.

Within the past few years, innovative methods have been developed not only to settle disputes out of court but also to supplement or replace the means by which legislatures, businesses, communities, therapists, and schools handle conflicts that once could be resolved only by litigation or force. Settling Disputes serves as an essential guide to the new settlement alternatives. This updated edition, in response to the rapid changes of the past five years, includes substantial new material that describes recent transformations in the way that courts and public agencies respond to disputes. The book discusses alternative dispute resolution from the viewpoints of potential participants and offers advice to those who are involved in disputes to help them analyze their situations and goals. Finally, it provides suggestions for professionals involved in dispute resolution and for those whose jobs in law, business, or government are affected by the new options for settling disputes. The dispute resolution movement continues to offer the most hopeful, powerful alternative to the business and personal costs of litigation or, worse, of violence. It has tremendous implications for the professional lives of Americans, for their private lives-as parents, spouses, neighbors, and consumers-and for their role as citizens. The first edition of Settling Disputes was awarded the 1990 Center for Public Resources Book Prize.

Although arbitration is a way of settling disputes without expensive court litigation, it carries with it a central conflict for the state. That is, if the judgments of the arbiter are not supported by the state, then they are not enforceable, and arbitration becomes unworkable. On the other hand, arbitration can frequently be manipulated to maintain inequitable relationships, and the state has legitimate reservations about surrendering or leasing its authority. In this work, Ian Macneil examines the history of the American arbitration legislation that deals with this conflict.

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.

The New Lawyer analyzes the profound impact changes in client needs and demands are having on how law is practised. Most legal clients are unwilling or unable to pay for protracted litigation and count on their lawyers to pursue just and expedient resolution. These clients are transforming the role of lawyers, the nature of client service, and the principles of legal practice. In this fully revised edition of the now classic text, Julie Macfarlane outlines how lawyers can meet new expectations by committing to lawyer-client collaboration, conflict resolution advocacy, and revised financial structures so that the legal profession can remain relevant in this rapidly changing environment.

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 Political Economy of Investment Arbitration asks how political institutions and actors in the host state of an investment contribute to the emergence of investor-state disputes. Combining insights from international relations and political economy, it considers two opposing explanations for investor-state disputes: shifting state preferences toward FDI, or the lack of state capacity to maintain an investment-friendly environment. This book's overarching conclusion is that democratic institutions in host states contribute to the emergence of investor-state disputes. Phillips Williams argues that at the heart of many investor-state disputes are highly politicized distributional conflicts involving a range of domestic interest groups. Indeed, it is often pressure from these groups, whether through voting, protests or lobbying, which motivates states to take the policy decisions that are subsequently subject to investors' legal challenges. Thus, this monograph demonstrates that in the face of the potentially high costs posed by investment arbitration, governments continue to take measures which may harm investors in order to pursue specific policy goals. More importantly, these disputes are not only the result of corruption or weak rule of law, but of measures which are taken at the behest of broader interest groups and relate to clear public policy concerns. This has important implications of our normative assessment of the regime and is highly relevant to current debates in both international law and international political economy about the relationship between investment treaties and domestic politics.

The Hong Kong International Arbitration Centre (HKIAC) is one of the world's most highly sophisticated arbitration institutions, with a continuously growing annual caseload. Now in its second edition, this detailed commentary with its insider's perspective has firmly established itself as the leading, authoritative guide to the HKIAC Administered Arbitration Rules. The text has been updated to capture over 1,000 new cases since 2017. It begins with an introduction to the HKIAC, including a history with statistics and details of other services provided by the HKIAC. The commentary then examines each article of the Rules in depth, drawing on the authors' years of experience administering arbitrations under earlier HKIAC Administered Arbitration Rules (2008 & 2013), and highlighting changes introduced by the 2018 Rules, including provisions on online dispute resolution, the use of technology for the determination of the arbitral process, use of alternative dispute resolution techniques, early determination of proceedings, and concurrent proceedings. Offering practical guidance, the book makes reference to the Hong Kong Arbitration Ordinance as well as drawing comparisons with other institutional rules and the UNCITRAL Model Rules to emphasize key issues to consider when drafting an arbitral clause or strategizing over the conduct of an arbitration. Benefiting from the authors' previous experience with the HKIAC and with the support of the HKIAC Secretariat and other members of the HKIAC Rules Revision Committee, the book examines examples of anonymised cases handled at the HKIAC, and also discusses various issues arising from arbitrations involving mainland parties or enforcing arbitration awards in mainland China. In particular, the book details HKIAC's experience in handling applications under the new Interim Measures Arrangement between Mainland China and Hong Kong. The appendices include relevant supporting documents including recommended HKIAC Arbitration Clauses, the HKIAC Administered Arbitration Rules (2018), the UNCITRAL Arbitration Rules 2010, the amended Hong Kong Arbitration Ordinance, and updated practice notes and statistics.

Effective persuasion is an art; an art which can be learned and perfected with practice and insight into human behaviour. This innovative book, written for lawyers and those interested in the science of persuasion in a legal setting, is the first to explain how key concepts from psychology, sociology, and communication science can be productively applied to the art of persuasion in international dispute resolution. Whilst success in arbitration relies upon knowledge of the law, sound judgment, and intelligence, it is also increasingly recognized that it is dependent upon the ability to effectively communicate with other people in order to convince them of a particular point of view. These are skills that can be acquired and enhanced over time with practice and experience. The focus of this book is to provide practitioners with insights and applications of the behavioural sciences that can assist in the development of those key skills associated with success in arbitration. Starting with an overview of the important elements of the psychology of persuasion, the book then provides recommendations and examples of how the information can be effectively utilized, with a view to providing a practical and pragmatic treatment of ideas and techniques of persuasion that lawyers can employ to enhance their advocacy skills. Prominent arbitrators from around the globe provide observations and anecdotes from their own arbitration experiences that offer context and provide the reader with fascinating insights into the experiences of some of the world's leading arbitrators. Taken together, the structure and analysis, backed up with real-world examples, gives readers the tools to gain "the edge" when it comes to using negotiation in their dispute resolution practice.

This practical guide, with a foreword by Nobel Laureate Archbishop Desmond Tutu, will assist those interested in conflict resolution to better understand the psychological processes of parties in conflict and mediation. As Randolph argues, psychology is increasingly perceived by lawyers as a vital tool for resolving conflicts in the litigation environment, whether in commercial, family, community or employment disputes. With an ever-growing demand for mediators across international borders, the psychologically-informed mediator can also provide much needed facilitation in global trade and peace negotiations, as well as being invaluable in helping to resolve a variety of political and international conflicts.

Emergency Arbitration is the first work of its kind to provide clear and authoritative guidance on the practice and theory of this increasingly utilized procedure. By examining the leading emergency arbitration rules, the book identifies a common procedural framework for the commencement, conduct, and decision-making process in an emergency arbitration. This framework is developed through the articulation of 'The Fifteen Principles of Emergency Arbitration'. These are aimed at giving parties greater control and certainty in bringing and defending applications for emergency measures. The book combines a practical approach, including the use of flowcharts and tables, with in-depth analysis of important issues arising in emergency arbitration. These include the status of the emergency arbitrator; the relationship between the emergency arbitrator, the arbitral tribunal, and courts; the role of the seat of emergency arbitration; applicable laws and transnational standards; due process requirements; the enforceability of decisions; and use of the procedure in investment treaty arbitration. Emergency Arbitration is thus a vital companion to those contemplating, or facing, an emergency arbitration.

A unique collaboration between academic scholars, legal practitioners, and arbitrators, this handbook focuses on the intersection of arbitration - as an alternative to litigation - and the court systems to which arbitration is ultimately beholden. The first three parts analyze issues relating to the interpretation of the scope of arbitration agreements, arbitrator bias and conflicts of interest, arbitrator misconduct during the proceedings, enforceability of arbitral awards, and the grounds for vacating awards. The next section features fifteen country-specific reviews, which demonstrate that, despite the commonality of principles at the international level, there is a significant of amount of differences in the application of those principles at the national level. This work should be read by anyone interested in the general rules and principles of the enforceability of foreign arbitral awards and the grounds for courts to vacate or annul such awards.

The Yearbook on International Investment Law & Policy is an annual publication which 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. 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.

The fourth edition of Effective Negotiation provides a practical and thematic approach to negotiation and mediation in professional contexts. Drawing on research and extensive teaching and practical experience, Fells and Sheer describe key elements of negotiations and explain the core tasks involved in reaching an agreement: information exchange, solution-seeking and concession management. This edition features a substantial revision and re-alignment of content, providing discussion of overarching themes and methodologies before moving to focused considerations of the underlying mechanics of negotiation. A new chapter on deadlocks provides detailed analysis of strategically managing and resolving deadlocked negotiations. In addition to the 'Negotiation in Practice' and 'Negotiation Skill Tips' boxes, chapters now include real-world case studies. An accessible, practical and strategic exploration of the complex mechanics and dynamics of negotiation, mediation and dispute resolution, Effective Negotiation remains an essential resource for students and professionals in business and management, law and human resource management.

Rules of customary international law provide basic legal protections to foreign investors doing business abroad. These rules remain of fundamental importance today despite the growing number of investment treaties containing substantive investment protection. In this book, Patrick Dumberry provides a comprehensive analysis of the phenomenon of custom in the field of international investment law. He analyses two fundamental questions: how customary rules are created in this field and how they can be identified. The book examines the types of manifestation of state practice which should be considered as relevant evidence for the formation of customary rules, and to what extent they are different from those existing under general international law. The book also analyses the concept of states' opinio juris in investment arbitration. Offering guidance to actors called upon to apply customary rules in concrete cases, this book will be of significant importance to those involved in investment arbitration.

We could not have a global economy without a system to resolve commercial disputes across borders, but the international regime that performs this key role bears little resemblance to other institutions underpinning the global economy. A hybrid of private arbitral institutions, international treaties, and domestic laws and courts, the regime for commercial dispute resolution shows that effective transborder institutions can take a variety of forms. This book offers the first comprehensive social scientific account of this surprisingly effective regime. It maps and explains its evolution since the Industrial Revolution, both at the global level and in the United States, Argentina, and China. The book shows how both political economy approaches and socio-legal theories have shaped institutional outcomes. While economic interests have been the chief determinants, legal processes have played a key role in shaping the form institutions take. The regime for commercial dispute resolution therefore remains between interests and law.

A Practical Approach to Alternative Dispute Resolution provides a comprehensive and easily digestible commentary on all of the major areas of out-of-court dispute resolution. Designed to support teaching and learning on the Bar Professional Training Course, it will also be of interest to practitioners who are looking for a clear exposition of the range of ADR processes. Written by an authoritative and highly respected author team, this book contains a range of features designed to enhance the reader's understanding of the key points, including sample documentation, flow diagrams, tables, further resources, and examples drawn from a range of different types of practice. Now in its fifth edition, this book has established itself as a go-to reference on ADR. Online resources - Updates to cases and procedures - Useful links for each chapter - Diagrams and figures from the book

For the first time, a monograph thoroughly analyses the controversial and sensitive topic of secretaries to arbitral tribunals. Tribunal secretaries support arbitrators at all stages of the arbitration and provide valuable assistance; yet, thus far, they have remained largely in the shadows. This book provides vital discussion on how tribunal secretaries should be appointed, what specific tasks they may be endowed with, and what the consequences of an impermissible use are. Comprehensive analysis of case law, arbitration legislation, institutional rules and guidelines, and supporting literature guides the reader towards a profound understanding of the benefits and pitfalls surrounding the tribunal secretary's position. Tribunal Secretaries in International Arbitration adopts a transnational approach to systematically answer questions often discussed but thus far unresolved. Structured in three parts, the book develops the conceptual foundations, discusses the practical implementation, and outlines limits of the permissible use of tribunal secretaries. The busy practitioner is furnished with easy-to-use templates and guidelines for practical and seamless implementation in international arbitrations. These include a seven-step formal appointment process, ready-to-use material for correspondence with the parties, and a Traffic Light Scale of Permissible Tribunal Secretary Tasks for the consultation of arbitrators, secretaries and parties alike. Shining a spotlight on the tribunal secretary, this monograph is an invaluable contribution to the further institutionalisation of a role of ever-increasing importance in the coming years. With useful analysis and practical guidelines, it is an essential tool for all practitioners and academics involved in international arbitration.

The ICSID Reports provide the only comprehensive published collection of arbitral awards and decisions given under the auspices of the World Bank's International Centre for the Settlement of Investment Disputes or pursuant to other multilateral or bilateral investment treaties, including in particular the North American Free Trade Agreement (NAFTA) and the Energy Charter Treaty (ECT). These decisions, which are fully indexed, make an important contribution to the growing body of jurisprudence on international investment. The ICSID Reports are an invaluable tool for practitioners and scholars working in the field of international commercial arbitration or advising foreign investors. Volume 14 of the ICSID Reports includes the award and annulment decision in the resubmitted Klockner case, the award in Azurix v. Argentina and the award in Siemens v. Argentina.

The IBA Rules are the most common feature of international arbitration around the world, yet so far little work has been done exploring the Rules themselves. In this practical guide, Peter Ashford combines a detailed discussion of the Rules and the commentary from the Drafting Committee with a tabular view of the interaction between the Rules and those of the main arbitration institutions. Written by a respected and experienced arbitration practitioner, the guide conveniently brings into one place materials that will assist in the practical application of the IBA Rules. This contribution to an under-covered area of international arbitration provides an invaluable handbook for arbitration practitioners in law firms, chambers, and general or in-house counsel in large corporations.

Mediation and Dispute Resolution addresses contemporary challenges and new developments in mediation. It aims to provide you with the key tools needed as an ADR practitioner to develop your own style and practice. The book examines the impact of diversity and cultural difference in mediation, gender difference and its implications, and the process of managing high conflict. It also explores new areas of practice such as apology and reconciliation and conjoint mediation and therapy. With advice on how to manage the move into mediation from a previous professional career, the conflicts between practitioners' personal lives and their work are also discussed. Throughout, the book focusses on practical strategies and skills, using case examples in each chapter to highlight the application of theory. An invaluable resource for both experienced and novice mediators to build, consolidate and improve their practice, this book is a perfect complement to Whatling's introductory guide Mediation Skills and Strategies.

Written by eminent international judges, scholars and practitioners, this book offers a timely study of China's role in international dispute resolution in the context of the construction of the 'Belt and Road Initiative' (BRI). It provides in-depth analysis of the law and practice in the fields of international trade, commerce, investment and international law of the sea, as they relate to the BRI construction. It is the first comprehensive assessment of China's policy and practice in international dispute resolution, in general and in individual fields, in the context of the BRI construction. This book will be an indispensable reading for scholars and practitioners with interest in China and international dispute resolution. It also constitutes an invaluable reference for anyone interested in the changing international law and order, in which China is playing an increasingly significant role, particularly through the BRI construction.

In diesem Ratgeber macht Rainer Sachse Ihnen - auf Basis der klarungsorientierten Psychotherapie - Mut, bei Konflikt und Streit privat wie beruflich zu gegenseitigem Verstehen und tragfahigen Kompromissen beizutragen. Konflikte spielen im Leben jedes Menschen eine zentrale Rolle: Sie treten auf zwischen Arbeitskollegen, zwischen Mitarbeiter und Chef, zwischen Freunden, in Familien, in Partnerschaften. Geschrieben fur alle, die in Alltag und Beruf Konflikte erleben und sie konstruktiv loesen wollen. Auch fur Streitschlichter, Mediatoren, Moderatoren. Aus dem Inhalt Was ist ein Konflikt? Wie geht man konstruktiv mit Konflikten um? Wie loest man Konflikte? Wie findet man tragfahige Kompromisse? Was koennen zwei Interaktionspartner tun, um zu einer guten Konfliktbewaltigung zu gelangen? Und wann hilft ein Moderator? Der Autor Prof. Dr. Rainer Sachse ist Psychologischer Psychotherapeut, Begrunder der "Klarungsorientierten Psychotherapie" und Leiter des Instituts fur Psychologische Psychotherapie (IPP) in Bochum. Er macht komplexe psychologische Sachverhalte allgemein verstandlich und stellt sie humorvoll und einfuhlsam dar.

Die Autorin untersucht in ihrem Werk den Beitrag des Streitbeilegungsmechanismus des Mercosur zum regionalen Integrationsprozess in Sudamerika. Ihre Darstellung bettet Schiedsgerichtsbarkeit und Standiges Revisionsgericht in den besonderen integrationspolitischen und okonomischen Hintergrund des Mercosur sowie in dessen institutionellen und rechtlichen Rahmen ein. Dabei wird sowohl die Umgrenzung der Handlungsmoglichkeiten der Streitbeilegungsorgane durch diesen Rahmen, als auch deren Einfluss auf Recht und Institutionen beschrieben.

Unter vergleichender Bezugnahmeauf europarechtliche und volkerrechtliche Vorbilder befasstsich die Arbeit mit den Verfahrensarten von Schiedsgerichtsbarkeit und Standigem Revisionsgericht einschliesslich dessen innovativen Verfahrens der Kooperation mit nationalen Gerichten. Die Autorin untersucht die gestalterische Einflussnahme der Rechtsprechung auf den Integrationsraum des Mercosur und beobachtet die richterliche Ausformung der Grundfreiheiten und deren Begrenzung. Wie der Europaische Gerichtshof nutzen auch die Schiedsgerichte und das Standige Revisionsgericht ihre Moglichkeiten zum gestalterischen Wirken im Integrationsraum.