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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.
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.
Negotiation, understood simply as "working things out by talking
things through," is often anything but simple for Native nations
engaged with federal, state, and local governments to solve complex
issues, promote economic and community development, and protect and
advance their legal and historical rights. Power Balance builds on
traditional Native values and peacemaking practices to equip tribes
today with additional tools for increasing their negotiating
leverage. As cofounder and executive director of the Indian Dispute
Resolution Service, author Steven J. Haberfeld has worked with
Native tribes for more than forty years to help resolve internal
differences and negotiate complex transactions with governmental,
political, and private-sector interests. Drawing on that
experience, he combines Native ideas and principles with the
strategies of "interest-based negotiation" to develop a framework
for overcoming the unique structural challenges of dealing with
multilevel government agencies. His book offers detailed
instructions for mastering six fundamental steps in the negotiating
process, ranging from initial planning and preparation to hammering
out a comprehensive, written win-win agreement. With real-life
examples throughout, Power Balance outlines measures tribes can
take to maximize their negotiating power-by leveraging their
special legal rights and historical status and by employing
political organizing strategies to level the playing field in
obtaining their rightful benefits. Haberfeld includes a case study
of the precedent-setting negotiation between the Timbisha Shoshone
Tribe and four federal agencies that resolved disputes over land,
water, and other natural resource in Death Valley National Park in
California. Bringing together firsthand experience, traditional
Native values, and the most up-to-date legal principles and
practices, this how-to book will be an invaluable resource for
tribal leaders and lawyers seeking to develop and refine their
negotiating skills and strategies.
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