This forward-looking book examines dispute resolution issues in the context of Belt and Road Initiative dealings between parties in ASEAN Member States, China and other trade partners. It discusses a range of commercial dispute issues and economic agreements including free trade agreements and investment agreements, both bilateral and regional. Locknie Hsu presents research on dispute settlement options and emerging issues for ASEAN businesses relating to projects and transactions undertaken in relation to the Belt and Road Initiative. She translates these options and issues into opportunities in economic treaty negotiations, utilization of national and regional dispute settlement institutions and better handling of emerging issues (such as environment-related claims and technology applications in dispute resolution) and in legal capacity-building in ASEAN. The book explores findings from academic research, empirical information, selected Case Studies (on environmental and other claims in ASEAN and beyond) and salient legal and technological developments, to provide insights and lessons that make this original book a rich and useful legal and research resource. This book's recommendations will provide food for thought for policy-makers and treaty negotiators who are considering new possibilities and directions to make dispute settlement a better and more fruitful experience in ASEAN. It will also be of interest to practitioners, scholars and students of commercial law, international trade law and dispute resolution, particularly in an Asian context.

This book studies three interrelated frontiers in civil justice from European and national perspectives, combining theory with policy and insights from practice: the interplay between private and public justice, the digitization of justice, and litigation funding. These current topics are viewed against the backdrop of the requirements of effective access to justice and the overall goal of establishing a sustainable civil justice system in Europe. With perspectives from an impressive selection of contributors the book takes on a pan-European perspective and zooms in on several European jurisdictions, thereby providing a holistic exploration of current civil justice debates and frontiers. It includes chapters dedicated to the interaction between public and private justice, the digitisation of both private dispute resolution and court litigation, including the rapid development and use of advanced forms of Artificial Intelligence, and the funding of justice, especially collective actions and settlements by means of private funding and common funds. Addressing these key issues in the current European debate on civil justice, this book will be an ideal read for academics and policy makers interested in the most recent frontier developments and innovations. Legal practitioners will also benefit from the insight into complex topics such as litigation funding, legal conflicts in a digital age, and resolving disputes in a private setting.

This cutting-edge book provides a thorough analysis of the transposition of the rules of the EU Damages Directive, examining their impact on the enforcement of competition law and the victim's right to full compensation. It also studies the possible consequences of an anticipated rise in civil damages actions in Europe and how this, in turn, may alter the effectiveness of the enforcement system. Applying insights from an economic analysis of law, Philipp Kirst investigates the effectiveness of the measures prescribed by the Directive that are intended to overcome the potential negative effects of increased private enforcement of competition law, offering concrete legislative proposals to combat these. Kirst focuses on three aspects that are crucial to achieving the Directive's main objectives: the EU leniency programme, the sanctioning methodology, and the allocation of civil liability among joint infringers. Furthermore, the book offers policy recommendations to reconcile both an effective enforcement regime and compensation of victims. Provoking debate on the ways in which a more integrated enforcement regime could be created, this book will be a crucial text for academics in the fields of competition and antitrust law and European law and economics. It will also be a key reference point for practitioners and enforcement agencies.

This book offers a clear and structured examination of how joint bidding structures comply with competition rules in Europe. It explains how joint-bids could be considered as agreements aimed at distorting competition, the practice commonly referred to as bid rigging. The book demonstrates how the conclusion of joint-bid agreements could constitute grounds for exclusion from public procurement proceedings under Article 57(4)(d) of Directive 2014/24/EU. Key features include: a detailed overview of the EU and EFTA case-law relating to consortia agreements and associated competition rules application of the single economic unit doctrine in public procurement to the question of liability for participating in bid rigging a clear explanation of how the grounds for exclusion referred to in Article 57(4)(d) of Directive 2014/24/EU apply to third parties and subcontractors guidance on the interpretation of the regulations in relation to the exclusion of a contractor from public procurement proceedings information on self-cleaning activities which contractors can engage in in order to prevent exclusion. Combating Collusion in Public Procurement will prove an invaluable resource for legal practitioners, courts and review bodies dealing with public procurement and competition cases. The information provided on the current legislation ensures contractors, contracting authorities and antitrust authorities will also benefit from this book, together with researchers interested in the field.

In this series of chapters on contract damages issues, Victor P. Goldberg provides a framework for analyzing the problems that arise when determining damages, and applies it to case law in both the USA and the UK. In analyzing direct damages, the author treats the problem as pricing the option to terminate. This sheds light on the question of the date at which damages should be measured and the role of post-breach information in damage assessment. It shows how the treatment of the so-called lost volume seller in both countries results in the court constructing an absurd contract, setting an option price with perverse characteristics. Goldberg then considers two questions regarding consequential damages--the enforceability of consequential damages exclusion clauses and whether the lost profits claims of new businesses should be rejected. Contracts professors, judges, lawyers and law students will be inspired by this volume to rethink the law of contract damages.

Expertly combining negotiation theory and practice, Negotiation and Dispute Resolution for Lawyers demonstrates how lawyers can deliver enhanced levels of service to their clients. Comprehensive and engaging, the book is a lawyer's guide to resolving conflict, negotiating deals, preserving important client relationships, and ultimately becoming truly effective problem solvers. Key features: Accessible explanation of key concepts relating to negotiation, as well as less familiar ideas such as planned early dispute resolution and guided mediation Introduction to the strategies, tactics and core skills required for effective negotiation and conflict resolution, including how to overcome cultural and technological barriers Learning and unlearning processes facilitated by relevant examples, figures, and practical tools such as checklists With its broad scope and emphasis on practical application, this richly detailed book is an essential resource for lawyers in private practice and in-house corporate counsel. Lawyers in training will benefit from its nuanced approach to negotiation within a legal context, helping to broaden their repertoire of advisory, advocacy, counselling, and process design skills.

The purpose and doctrinal structure of private law remedies has undergone fundamental questioning over the last 25 years. This Research Handbook comprehensively and authoritatively reviews the contemporary challenges in research regarding remedies in private law. The Research Handbook on Remedies in Private Law focuses on the most important issues throughout contract, equity, restitution and tort law as they have arisen in the major common law jurisdictions, touching upon those of other jurisdictions where pertinent. Leading contributors from across the globe thoroughly analyse the steps taken to improve the clarity and functioning of the law and examine additions to the law's difficulties. Providing a uniquely in-depth engagement with the doctrine and theory of the topic, this Research Handbook will be of great interest to academics and students working and studying contract, equity, restitution or tort law, as well as practising lawyers in the field.

This second edition of Law and Economics for Civil Law Systems substantially updates a unique work that presents the core ideas of law and economics for audiences primarily familiar with civil law systems. Ejan Mackaay offers a comprehensive look at the essential points of economic reasoning, the Coase Theorem, and legal institutions such as property, extra-contractual civil liability and contracts. The book's structure mirrors the way law is taught in civil law countries, with structured presentations, references to civil code articles paired with non-technical explanations, and limited reliance on graphs. Building on the success of the 2008 edition of the French-language textbook on law and economics from a civil law perspective, this second English-language version appears alongside the 2021 edition of the French-language book. This pioneering volume fills a critical gap in the literature of law and economics and will be an invaluable resource for academia, the judiciary, policy-makers, regulators and legal practitioners working in civil law systems.

This important research review considers the seminal legal articles in property law and its subtopics published during the 20th and 21st centuries. The coverage is broad, as comprehensive as possible, ranging from theoretical to practical and doctrinal. The authors of the pieces under discussion are primarily American and all stand as leading figures in their respective fields. The text places its focus on topics of current interest, including economic and non-economic theories of property, the takings problem, and the reform of the law of land-use servitudes.

Business Law and Economics for Civil Law Systems highlights the relevance of economic analysis of business law from a civilian perspective. It integrates a comparative approach (common law and civil law) to economic analysis using tools and illustrations to assist in conducting critical economic analysis of rules in the field of business law. This book is a valuable contribution to the reflection on the place and meaning of value creation and accountability as goals for business law. It provides a richer understanding of key legal institutions supporting the rule of law and democratic, market-based economies. It will be of great value to academics interested in business law, competition law, comparative law and legal theory, students studying law, business and economics, and to policymakers and regulators.

This comprehensive book will be essential reading for all those involved with fine art, jewellery and specie insurance. David Scully analyses the history, structure and dynamics of the global marketplace for this type of insurance, illustrating key points with real life examples to provide a practical guide to the business. Key features include: Coverage of how insurers determine the value of insured items Examination of relevant legal precedent in the UK and US, including judicial interpretation of exclusions and warranties Explanation of the key risk factors insurers consider, including traditional risks such as fire and theft as well as emerging risks such as defective title, professional liability and fakes and forgeries Specific chapters considering insurance for museums, exhibitions, private collectors, art dealers, jewellers, cash management companies, warehouses, art shippers, and other related businesses. This book will be a valuable resource for insurers in this area, including underwriters, claims professionals and in-house lawyers, and will provide deeper knowledge to lawyers, loss adjusters, insurance brokers and other interested parties. It will also be useful to museum registrars, art dealers and collectors, auctioneers and others, in helping them understand the risks they face.

Legal language, or ‘legalese’ as it is sometimes called, is a language that many people find hard to understand. This is because some of the words and phrases that lawyers and other legal experts use do not form part of regular everyday communication. However, when these experts speak and write using unfamiliar language it is often because they have to: ‘ordinary’ language cannot properly or accurately describe the often complex concepts and issues involved.

This dictionary bridges the gap between the world of everyday language and the world of legal language. Users can access over 20 000 legal words, each of which is explained in plain English for the benefit of people without a legal background, as well as legal practitioners, law students and other members of the legal profession.

The dictionary deals with the areas of criminal law, criminal procedural law and law of evidence, and is aimed at familiarising users with the use of legal language in a number of settings, including the courtroom. A bilingual publication, this English–Afrikaans / Afrikaans–English dictionary also contains a useful list of Latin terms and phrases, together with explanatory notes, as a centre insert. Synonyms, homonyms and polysemes are identified and explained, and the dictionary provides guidance on the use of abbreviations and how to cross-reference lemmas (headwords).

Mediation in family & divorce disputes is intended as a handbook for mediators and clients who are involved with family and divorce disputes. It distills 20 years’ of priceless experience into a succinct and lucid handbook that will be invaluable to attorneys, mediators, social workers, psychologists and parties to disputes, helping clients to decide whether they would like to try to resolve their dispute through mediation and professionals to reflect on the fundamental principles and practical applications of their work. The goal of mediation is to enable clients to negotiate an effective settlement of their dispute, rather than necessarily reconciling – although occasionally that is a result of mediation. In a real sense mediation coaches clients to negotiate effectively. It is about helping clients to negotiate mutually acceptable, realistic and legal settlements of their disputes. Although the book is written in a South African context, the principles will apply and be of interest beyond South Africa and to all mediators and clients in mediation whether their primary focus is on family disputes or not. For mediators the book sets out to provide practical and theoretical guidelines for their work. The practice tips, further reading suggestions and references serve as an introduction to some of the work of leading mediators in the field for those readers who would like to develop a deeper understanding of the process. The book is also designed to be of use to those who have recently been trained as mediators or will soon be trained, as it complements the material usually presented in such training. For clients it explains what they can expect in the mediation process, tips as to what to look for in a mediator and what they can do to prepare for their mediation in order to get the most out of the process. Each chapter includes tips for mediators and for clients, as well as suggested further reading if you want to follow up in more depth on a topic covered in one of the chapters.

Contract law is increasingly used to serve regulatory purposes considered beyond the reach of private law. This Handbook explores a range of modern practices that are not typically treated in standard expositions of this area. By exploring these phenomena, it reveals the changing role of regulatory private law in a globalised legal world - one where distinctions between public and private law, hard law and soft law, and rule making and contracting have become increasingly blurred. Contributors explore key examples drawing on an extensive range of private law. The book pays close attention to the use of codes of conduct to coordinate and steer behaviour in business-to-business and business-to-consumer relationships, concerning health and safety, environment, and employment conditions. It also examines the formation of contractual `networks', such as franchises, to regulate multi-party trade relationships, and the application of contracts and contract law to secure business and consumer compliance with public standards. With its global reach and detailed research, this Handbook will appeal to academics exploring the potential of new law making methods and practitioners looking to gain insight into emerging approaches to private law. Contributors include: A. Beckers, R. Brownsword, R.R. Condon, D. Leczykiewicz, M. Mataija, M.-C. Menting, H.-W. Micklitz, C. Mitchell, M. Namyslowska, E.T.T. Tai, R. van Gestel, P. Verbruggen

This two-volume set investigates the concept, institutionalization, models and mechanism of mediation, an important form of alternative dispute resolution within China’s legal system. Grounded in traditional dispute resolution practices throughout Chinese history, mediation is born out of the Chinese legal tradition and considered to be “Eastern� in nature. Seeking to explore how mediation has developed in order to function in a modernized society, the first volume looks into the legal foundations of Chinese mediation as well as paths to the institutionalization and professionalization of mediation. The second volume examines the development of diversified dispute resolution via the elucidation of eight major types of mediation in China. By reviewing its history and enquiring into trends and prospects, the authors seek to establish a mediation system that incorporates diversified models, institutionalized and noninstitutionalized approaches, changing contexts, and a range of dimensions for society. This title will serve as a crucial reference for scholars, students and related professionals interested in alternative dispute resolution, civil litigation, and especially China’s dispute resolution policy, law, and practice.

While a great deal has been written on the topic already, this textbook focuses on introducing human rights law in a comprehensive but easy-to-understand manner to the benefit of both lecturers and students. It is hoped that this work will assist lecturers who teach the subject at first- or second-year level, both in the LLB degree and other university programmes, as well as non-governmental organisations and others parties who train their staff or stakeholders in basic principles of the law. The book should also benefit students by covering the breadth of human rights law directly applicable to students studying law in South Africa.

The text contains a number of scenarios to help readers grasp the material being discussed by illustrating relevant constitutional principles and issues. Cases are integrated into the text in a manner that should facilitate an understanding of their application. This book contains complete court judgments, statutes, a bibliography and questions to respective chapters which will assist lecturers and students in finding their way beyond the book at whatever level they deem appropriate.

The Dispute resolution digest 2012 is the product of 7 years of continuous research by Tokiso into the labour dispute settlement system of South Africa. The intention of the Digest is to give a dispassionate account, based on statistical examination, of whether the dispute mechanisms of the Labour Relations Act are functioning effectively. The Digest considers types of labour disputes, settlements, trends in remedies and awards, and compliance with these awards. The disputes and awards are separated into their sub-categories of type, sector and forum with some interesting findings. Strikes, the most extreme form of labour action by employees, are analysed by the number of strikes, effects of strikes and the factors that trigger strikes.

Offering a comprehensive commentary on the Brussels I bis Regulation, chapters outline the origins and evolution of each article before delving into their interpretation in view of the case law of the European Court of Justice. Throughout the Commentary expert contributors provide guidance on this central instrument in the organization of the European judicial cooperation in civil and commercial matters. This in-depth, article-by-article Commentary reflects the status quo of European procedural law in civil and commercial matters. Its exhaustive evaluation of the corresponding case law demonstrates key precedents which can be applied to practical problems in the field related to jurisdiction, recognition and enforcement of decisions. Written using a clear, accessible structure, this Commentary will be a key resource for lawyers, judges and other legal practitioners in finding solutions to the practical difficulties they meet when dealing with cross-border disputes. Its detailed critical analysis of the regulation will also be of benefit to scholars and students of European procedural law and dispute resolution and arbitration.

In recent years collective litigation procedures have spread across the globe, accompanied by hot controversy and normative debate. Yet virtually nothing is known about how these procedures operate in practice. Based on extensive documentary and interview research, this volume presents the results of the first comparative investigation of class actions and group litigation 'in action'. Produced by a multinational team of legal scholars, this book spans research from ten different countries in the Americas, Europe, Asia and the Middle East, including common law and civil law jurisdictions. The contributors conclude that to understand how class actions work in practice, one needs to know the cultural factors that shape claiming, the financial arrangements that enable or impede litigation, and how political actors react when mass claims erupt. Substantive law and procedural rules matter, but culture, economics and politics matter at least as much. This book will be of interest to students and scholars of law, business and politics. It will also be of use to public policy makers looking to respond to mass claims; financial analysts looking to understanding the potential impact of new legal instruments; and global lawyers who litigate transnationally. Contributors: A. Barroilhet, C. Cameron, N. Creutzfeldt, M.A. Gomez, A. Halfmeier, D.R. Hensler, C. Hodges, K.-C. Huang, J. Kalajdzic, A. Klement, B. Stier, E. Thornburg, I. Tzankova, S. Voet

This book documents and evaluates the growing consumer revolution against digital copyright law, and makes a unique theoretical contribution to the debate surrounding this issue. With a focus on recent US copyright law, the book charts the consumer rebellion against the Sonny Bono Copyright Term Extension Act 1998 (US) and the Digital Millennium Copyright Act 1998 (US). The author explores the significance of key judicial rulings and considers legal controversies over new technologies, such as the iPod, TiVo, Sony Playstation II, Google Book Search, and peer-to-peer networks. The book also highlights cultural developments, such as the emergence of digital sampling and mash-ups, the construction of the BBC Creative Archive, and the evolution of the Creative Commons. Digital Copyright and the Consumer Revolution will be of prime interest to academics, law students and lawyers interested in the ramifications of copyright law, as well as policymakers given its focus upon recent legislative developments and reform proposals. The book will also appeal to librarians, information managers, creative artists, consumers, technology developers, and other users of copyright material.

'A clear, accurate and extraordinary concise guide to the major doctrines of private law and current thought about what they mean. - James Gordley, Tulane University School of Law Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. In this Advanced Introduction, one of the world's leading private law scholars takes the reader on an intellectual journey through the different facets and dimensions of the field, from the family home to Kuta Beach and from Thomas Piketty to Nina Hagen. This concise book provides an accessible and fresh introduction to private law, presenting the topic as a unified whole of which the main branches - on contract, tort, property, family and inheritance - are governed by conflicts between individual autonomy and countervailing principles. The book stands out as a unique account of how private law allows individuals to optimally flourish in matters of economy, work, leisure, family and life in general. Key features include: - succinct yet engaging and highly informative overview of private law, aimed at an audience of specialists and non-specialists alike - written in a clear and engaging style - ample attention to the policy choices behind the rules - examples from a wide range of jurisdictions in both Europe, the UK and the US - places private law in its larger economic and societal context - addresses the potential and the limits of private law in dealing with global societal challenges, such as economic inequality, the fair use of resources and protecting future generations - considers how the field could develop in the future. Engaging and wide-ranging, this is an excellent introduction for students and academics new to the field and allows practitioners to quickly master the core principles behind private law.

Eckard's Principles of Civil Procedure in the Magistrates' Courts considers the law of civil procedure in the magistrates' courts. The work provides a comprehensive and up-to-date overview and analysis of civil procedural law in the magistrates' courts and includes numerous illustrative examples of pleadings and notices as well as various prescribed forms relevant to proceedings. The content of this edition is presented in well-organised chapters, which highlight features of practical importance to scholars and the legal profession. It provides extensive coverage of complex issues and new material.

The protection of the investment made in collecting, verifying or presenting database contents is still not harmonised internationally. Some laws over-protect database contents, whilst others under-protect them. This book examines and compares several methods available for the protection of investment in database creation - namely, intellectual property, unfair competition, contract and technological protection measures - in order to find an adequate type and level of protection. To this effect, the author uses criteria based on a combination of the economics of information goods, the human rights to intellectual property and to information, and the public interest, proposing a model that can be adopted at international and national levels. The Legal Protection of Databases will be of interest to intellectual property lawyers, competition lawyers, as well as general commercial lawyers because of the breadth of laws reviewed. It will also appeal to practitioners, policymakers, economists and students.