The book offers a theoretically justified and pragmatic concept of the so-called 'lex mercatoria' contributing to the debate concerning the existence of this law as an autonomous, a-national and universal legal system established by trade practice.
This new work equips commercial arbitrators and counsel with a formula to 'recognize' and apply a rule of the lex mercatoria in practice. It argues that a rule of the lex mercatoria is established if there is a majority congruent behaviour within the business community followed out of fear of criticism and a willingness to criticise others in case of deviation. This two element test increases legal certainty and potentially reduces the time and costs of proving the rule.
Case studies are included to illustrate the practical implications of the analysis and more difficult issues such as burden of proof, admissible evidence and the role of written harmonisation measures are also considered. The approach adopted in the book reduces the elusiveness of the concept and offers an analysis which makes the lex mercatoria clearer for scholars and more attractive for practitioners.

Negotiation expert Ed Brodow, creator of the acclaimed Negotiation Boot Camp(r) Seminars, arms us with the same proven strategies and tactics he teaches to the professional negotiators at Microsoft, Goldman Sachs, The Hartford, Learjet, Novartis, McKinsey, Starbucks, the IRS and the Pentagon. Using a wealth of examples from real-life encounters, Brodow reveals how to develop the skills and the confidence you need to achieve your goals at work and in your personal life. After completing Brodow's basic training program, you will have learned how to: Conquer your fear of confrontation and overcome the negative behaviors that hold you back. Identify and develop your personal negotiation style. Assess the other side's strengths and weaknesses. Get the other side to make concessions without giving up any of your goals. Master the art of listening to understand the other side's position and strengthen your own. Avoid getting sidetracked by personal or emotional issues. Create an atmosphere of trust in which the other party is a collaborator rather than a competitor. Break through impasses and close the deal. "Negotiation Boot Camp shows us how to succeed not just in negotiations but also in life itself. This is a must-read." HARVEY PITT-SEC Chairman "Readers will find that Brodow's tactics get the job done." PUBLISHERS WEEKLY "The most straightforward, real world and useful advice on negotiation out there " ANTOINETTE RODRIGUEZ-CEO of MarFi Advisors "Buy it, read it regularly and do not lend it " REG NORDMAN-Managing Director, Rocket Builder "This is THE BOOK for career women who have any trepidation about negotiation." MARJORIE BRODY-author of Career Magic: A Woman's Guide to Reward and Recognition "If you're looking for real-world, practical strategies and answers, look no further than this book." JEFFREY GITOMER-author of The Sales Bib

Dr Lionel Etan-Adollo has set the benchmark for evaluation, comparison and investigation for many jurisdictions in the area of Oil and Gas Security of Title and Government Investor Relationship using the comparison between the UK and the US Regime of Upstream Oil and Gas Licensing as case study. Although the two licensing regimes are not perfect, but there is so much other oil and gas jurisdictions could learn from these two jurisdictions as they continue to develop. There are historical collaboration / partnerships between investors and governments in the UK Continental Shelf (UKCS) and the US Gulf of Mexico Outer Continental Shelf. So far as the foreign or domestic investor in Petroleum Exploration and Production is concerned the security of her / his title is a legal sine-qua-non. In both jurisdictions, the State is superior in law to the foreign investor but despite this both jurisdictions have demonstrated an attempt at even-handedness. Both enshrine respect for the rule of law in their constitutional arrangements and they also try not to act arbitrarily in the licensing process and in the regulation of the petroleum sector. Laws are more tested in the US Gulf of Mexico than the UK North Sea. The two jurisdictions have more in common, we can observe similarities and differences of issues for and against security of investors' title rights in both US GOM and UKCS jurisdictions. Despite the undoubted advantages accruing to the petroleum investor in both the UK and US jurisdictions compared to all other countries of the world, the author of this book believes securing investors' title rights is not a straight path or an easy one way street for either the government or the investor, but there are directly or indirectly built in legal checks and balances like an unbreakable rope being pulled on either side that perhaps sway the powers of the two partners (government and investor) either side when making comparisons in the two jurisdictions. We state that there is more than one way to look at security of title and even after our exhaustive study, we conclude that investors take a broad brush approach. We have identified numerous individual issues, but conclude that there is not one single event in amongst that list which is dominant. Taking the broad brush, investors are cautious. Furthermore, investors' collaboration / partnerships with government; knowing and working in line with what is important to government, and going green would further enhance security of title rights in this new carbon economy. Saving the world and making money are no longer mutually exclusive. In the Concluding chapter, we have added "Lessons Learnt", the high notes and what is still required in the two jurisdictions. Dr. Lionel Etan-Adollo has worked as a Senior Management Consultant and Project Management Professional on many of the global projects (including Oil and Gas projects) of renowned conglomerates and transborder corporations, and has travelled as far as Australia, India, USA, Africa and many countries in Europe.

This is a much-needed reference work providing practitioners and academics with a detailed commentary on and thorough analysis of German arbitration law and practice. This title covers both domestic and international arbitration in all its stages. The work details the legal framework for German-related arbitration and provides practical guidance on the appropriate choices, with a specific focus on particularities of German law and practice. It contains a high level of analysis whilst maintaining a practical approach and structure mirroring the typical course of arbitral proceedings. The book navigates along the life cycle of an arbitration, commencing with the arbitration agreement, continuing with the arbitral tribunal, the arbitral proceedings and interim relief, and concluding with the arbitral award including its recognition and enforcement. At each stage, the work combines exhaustive legal analysis, clear and concise presentation, and a practical and accessible approach. Written by highly regarded experts in the field, it provides arbitration practitioners and academics alike with a thorough guide for use when working on cases with a German nexus with a detailed analysis of the applicable legal framework in Germany. Arbitration in Germany continues to grow as the country builds on its reputation as a suitable venue for international arbitration. This trend is reflected in the increasing relevance of the German Institution of Arbitration (DIS), which currently has more than 1,150 members domestically and overseas, including numerous major trade organizations and chambers of commerce, leading German companies, judges, lawyers and academics. The number of arbitration cases under the DIS Rules has more than doubled since 2005 while statistics of the International Chamber of Commerce (ICC) show that Germany is the fifth most frequently chosen place of arbitration and German law is the fourth most frequently chosen law. Even where the place of arbitration is outside Germany, German arbitration law plays an increasingly important role for the recognition and enforcement of awards. This particular significance is highlighted by Germany's strong export-oriented economy and is mirrored in the fact that German parties are the second most frequently encountered nationality among parties in ICC arbitrations worldwide.

Did you ever wonder how to help two parties resolve a dispute where everyone wins? How to help two feuding neighbors?This book is designed to offer mediation tips through unique and creative approaches. This book is for the causal reader of negotiations to the student of mediation. From the professional mediator to the every day peace maker. Each chapter is based on an actual event to help illustrate the various approaches and techniques.

"Overall, this is a book that can be highly recommended for any attorney involved in providing representation in mediation. Its brevity, clarity, and accuracy make it a valuable contribution." The Alternative Newsletter, Seton Hall Law School, March 1995