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Books > Law > Laws of other jurisdictions & general law > Courts & procedure > Arbitration procedure
This book provides both experienced and inexperienced
practitioners, as well as advanced students, with a guide to the
strategies associated with researching international commercial
arbitration as well as the sources associated with that field of
law. Up until very recently, the field of international commercial
arbitration was populated solely by specialists who knew the
sources and strategies for researching relevant authorities.
However, as the practice and business of law has become more
international and more diversified, generalists have begun to enter
the field while the number of specialized sources associated with
international commercial arbitration has grown exponentially. The
book combines instructional text with a bibliography of sources to
teach readers where to find relevant material. The instructional
chapters discuss the most important methods by which one conducts
research in international arbitration, while the bibliography
provides guidance on where to find that material.
Furthermore, the book will offer tips on how to present a case to
an international tribunal, which is quite different than presenting
a case to a national court.
In effect, the book walks the reader through the steps associated
with researching and presenting issues in international commercial
arbitration. For example, the book covers:
Where to find reported international arbitral awards (as opposed
to judicial decisions)
Where to find specialist treatises and journal articles on
international arbitration
How to use the various sources and evaluate the weight of
competing authority
How to present one's findings to an international arbitral
panel
How to consider thespecial issues that relate to international
arbitration
Additionally, the book takes advantage of empirical research into
the conduct of arbitration, giving an insider's view of the
process.
A groundbreaking book founded on extensive original research,
designed to determine how restorative dialogue works, and the role
of forgiveness within it. The research involved interviews with 20
victims who went through a Victim Offender Dialogue (used in crimes
of severe violence), and documents how the shifts in energy during
the course of their dialogue moves the toxicity associated with the
crime to a different place. This study explores the role of
bilateral forgiveness in restorative work and addresses key
questions about the role of forgiveness in restorative justice,
such as how it can be measured. It also outlines a model which
explains how the energy flow of dyadic forgiveness in restorative
justice dialogue is formed. Rich in data and in findings, this book
will deepen understanding of how restorative justice works, and
will inform future research and practice in the field.
Economic activity is more globally integrated than ever before, but
so is the scope of corporate misconduct. As more and more people
across the world are affected by such malfeasance, the differences
in legal redress have become increasingly visible. This
transparency has resulted in a growing convergence towards an
American model of robust private enforcement of the law, including
the class-action lawsuit. This handbook brings together scholars
from nearly two dozen countries to describe and assess the
class-action procedure (or its equivalent) in their respective
countries and, where possible, to offer empirical data on these
systems. At the same time, the work presents a variety of
multidisciplinary perspectives on class actions, from economics to
philosophy, making this handbook an essential resource to
academics, lawyers, and policymakers alike.
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.
This publication presents essays written by judges and
international experts in labor mediation and arbitration in
celebration of the 30th anniversary of ADB's Administrative
Tribunal. Among the main topics covered are reflections on key
decisions made by the Administrative Tribunal, strengthening the
internal justice system, and reliefs and remedies. The publication
also looks back on the history of the Administrative Tribunal,
along with its commitment to being independent, just, and
accessible-as key to lasting industrial peace.
Redfern and Hunter on International Arbitration is an established
treatise on the law and practice of international arbitration, the
pre-eminent method for the peaceful resolution of disputes in
international trade, investment, and commerce. This book serves as
an introduction, following the chronology of an arbitration from
the drafting of the arbitration agreement right through to the
enforcement of the arbitral award. Written by an author team with
extensive experience as counsel and abitrators, the book has been
read and cited by international lawyers, arbitrators, and judges,
and has become a key learning text for teachers, students, and
potential arbitrators in colleges and universities across the
world. The seventh edition has been significantly revised to
incorporate the latest significant developments in the field,
includling changes in investor state dispute resolution, leading
court decisions on arbitration matters in a wider number of
jurisdictions, changes in the 'soft law' of leading international
arbitral institutions and of the International Bar Association, and
the impact of the COVID-19 pandemic on the practice of
international arbitration. This Pack edition includes a copy of the
hardback edition plus an access code for the digital edition, which
can be accessed via the LawReader app Companion website:
www.oup.com/redfernhunter.
A large amount of foreign direct investment (FDI) has been poured
into Africa in recent decades and these investments can come with
adverse effects on the environment, human rights, and development.
At the same time, investment treaties, entered into by African
states and aimed at promoting and protecting FDI, seriously limit
those states' ability to regulate such activities in the interests
of affected communities. Whilst these tensions have generated
global debate, little attention has been paid to the legal status
of many of these investment treaties, and whether - given their
constitutional and customary international law obligations to act
in the public interest - African states truly have the capacity to
conclude treaties which contain standards of investment protection
expressly preventing or unduly abridging the exercise of their
regulatory authority. Focusing on this question, The Investment
Treaty Regime and Public Interest Regulation in Africa presents The
Imperatives Theory: a legal, normative, and principled framework
for rethinking the legal status, making, and reform of investment
treaties and investment dispute settlement in Africa, with relevant
and significant implications for the global investment treaty
regime.
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