There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.

This comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution. Written by leading experts drawn from a wide range of common law, civilian and mixed jurisdictions, chapters cover the complex history, scope and philosophical foundations of the subject, its organisational structure, main liability principles, defences and remedies. Utilising a broad array of legal authority and academic commentary, contributors engage with the key concepts and debates in a way that offers a direct route into the field for new researchers, as well as a source of original thinking for those already familiar with the subject. Throughout, the learning of both civilian and common law legal systems is juxtaposed and integrated, offering useful comparative insights and lessons for the future development of this still young, but critically important field of law. Engaging and thought provoking, the Research Handbook on Unjust Enrichment and Restitution will prove indispensable to academics and researchers in the field of private and commercial law. Judges and practitioners will also have much to gain from the clear presentation of authorities, principles and useful comparative perspectives. Contributors include: E. Bant, K. Barker, K. Barnett, M. Bryan, A. Burrows, M. Chen-Wishart, H. Dagan, S. Degeling, J. Gordley, R. Grantham, R. Gregson, B. Hacker, L. Ho, D. Ibbetson, D. Klimchuk, T. Krebs, A. Kull, R. Leow, T. Liau, M. McInnes, C. Mitchell, C. Rotherham, H. Scott, G. Virgo, S. Watterson, E. Weinrib, C. Wonnell, T.H. Wu

Critical examination of the concept of 'embeddedness', the core concept of an Economic Sociology of Law. Combines insights from law, sociology, economics, and psychology. Ground-breaking study into the prioritization throughout society of interests and voices that align with doctrinal understandings of law and neoclassical understandings of economics. Will appeal to socio-legal scholars and others with interests in the intersection of law, economics and sociology.

This book addresses an essential gap in the regulatory regime, which provides legislation, statements and guidelines on airlines, airports, air navigation services providers and States in the field of aviation, but is notably lacking when it comes to the rights of the airline passenger, and the average citizen who is threatened by military air strikes. It addresses subjects such as international resolutions on human rights and other human rights conventions related to aviation that impact both air transport consumers and people on the ground who are threatened by air strikes through drone attacks; disabled and obese airline passengers; compensation for delayed carriage and the denial of carriage; noise and air pollution caused by aviation and their effects on human health and wellbeing; prevention of death or injury to passengers and attendant compensatory rights; risk management; relief flights; and racial profiling. These subjects are addressed against the backdrop of real case studies that include but are not limited to instances of drone attacks, and contentious flights in the year 2014 such as MH 370, MH 17 and QZ 8501.

Although cross-border industrial sub-contracting is the main tool of industrial organisation in the global economy, practitioners in this important field are significantly hampered by a lack of uniform rules. This book offers a first step in discerning and formulating a framework for such rules, based on the experience of counsel for both contractors and sub-contractors in over twenty countries worldwide. It consists of the final papers, subsequently revised by the presenters, delivered at a conference held in Florence, in February 2000, under the auspices of the Union Internationale des Avocats (UIA) and the Association Internationale des Jeunes Avocats (AIJA). Other essays present the basic legal issues from a comparative perspective and clarify the fundamental distinctions in the points of view of the contractor and the sub-contractor. Individual contributions from practitioners in twenty countries (encompassing EU countries, the United States, Central and Eastern Europe, and the Asia-Pacific region) detail applicable domestic laws so that the user can determine points of difference, common aspects, and potential pitfalls in most of the world's major industrial sub-contracting jurisdictions. "Handbook on Cross-Border Industrial Sub-Contracting will be of great value of lawyers and business people everywhere engaged in this all-important area of today's legal practice.

The treatment covers such topics as:
- allocation of risk;
- the FIDIC "flow chart" for settling disputes;
- post-completion responsibility of the parties;
- disputes relating to non-contractual claims;
- allegations of fraud or gross negligence;
- dealing with bribery and extortion;
- delay and disruption;
- proving entitlement to extension of time;
- right to deduct liquidated damages;
- changed conditions;
- rights of subcontractors and suppliers; and
- unforeseeability.

Since the ratification of the Hague Trust Convention by the Netherlands and Italy, the question of whether civil law countries ought to have a trust or a legal institution resembling it has gained importance. The Business and Law Research Centre at the University of Nijmegen founded an international working group of experts in the field of trust law in 1996. This group developed eight principles of European trust law designed to facilitate transactions within European jurisdictions, to enable countries to recognise the potential for the development of new domestic legal concepts and to provide guidance as to how these developments can be framed in different legal and socio-economic contexts. This book provides a detailed analysis of these principles both from a common law and a civil law point of view. In particular, the national reports give an overview of the current law relating to trusts and fiduciary relationships and, in the case of civil law jurisdictions, whether the trust concept can be incorporated in the domestic legal systems on the basis of the eight principles.

In recent years there have been many changes in business p ractices, technology, legislation, and international trade, particularly within Europe. These changes have had an im pact on both the legal principles and the practices of the business community. Consequently these changes have been reflected in the syllabuses of the major professional bodi es and degree courses. This book examines these legal dev elopments and offers an accessible and comprehensive text for both professional students and undergraduates studying business law.

Perspectives on the Law of Partnership in South Africa examines the most problematic issues in the law of partnership. It investigates specific issues in the area of partnership law, painting a broader picture of all the other relevant areas involved. In following a `perspectives' approach - presenting a historical and a comparative perspective - the book offers a detailed consideration of complex areas of partnership law while at the same time exploring the law in general. Topics discussed range from the history and development of partnership law to perennial classical favourites such as the leonine partnership, the triple contract and universal partnership proper, all three of which contributed to the delineation of the partnership concept. Aspects of the law in general that are discussed in detail include: Legal status and its attendant entity and aggregate theories, representation and mutual mandate, partnerships en commandite, anonymous, limited and limited liability partnerships, the removal of the limit on the number of partners, partnership sequestration, the dual priorities rule. Perspectives on the Law of Partnership in South Africa is offered as a scholarly book for the subject specialist with the expectation that it will also invigorate interest in and advance research on the law of partnership.

A concise presentation of the authors' first-hand experience with the procedural history of the Iran-United States Claim Tribunal in The Hague. The authors' analysis can be divided into three major themes, the first being the examination of the establishment of an arbitral tribunal. It investigates the first intent of the UNICITRAL framers, as evident from the travaux preparatories, and then inspects how the rules were interpreted, changed and applied in the Tribunal. Part Two includes the Arbitral Proceedings, including but not limited to pleadings, rulings, interim measures of protection, and default and waiver. The concluding section comprises awards and decisions, applicable law, motions and costs.

The 2003 volume of the Comparative Law Yearbook of International Business deals with a variety of topics in the field of commercial law. These range from mergers in Nigeria and joint ventures in Thailand and Hungary to the fight against corruption on an international level, as well as corporate fraud in the United States, with attention being focused upon the new Sarbanes-Oxley Act of 2002. Some authors have dealt with subjects that involve finance, such as foreign investment in e-commerce in China, employees' stock purchases and option plans in the United States, pension funds in Nigeria and preferential tax regimes in Madeira. There is also a review of the Agreement on Trade-Related Investment Measures. Other popular areas of commercial law that are covered in this volume include consumer protection in Bulgaria and alternative dispute resolution. Arbitration in Paraguay is discussed, along with the conducting of mediation by legal professionals. In addition, European Union law arises in relation to the likelihood of association, with another chapter detailing the economic association between Mexico and the European Union. The Commentators in this book are leading professionals in their respective fields and the interesting mix of topics should be of value to those involved in business in the international arena and their legal advisers.

Title 46 presents regulations applied by the Coast Guard to merchant marine officers and seamen, uninspected vessels, tank vessels, load lines, marine engineering, documenting and measuring vessels, passenger vessels, cargo and miscellaneous vessels, offshore supply vessels, mobile offshore drilling units, electrical engineering, small passenger vessels, oceanographic vessels, occupational safety and health standards, and lifesaving systems. Maritime Administration regulations cover policies, practices and procedures, maritime carriers, subsidized vessels, vessel financing assistance, emergency operations, training, and ports. The Maritime Commission also holds the responsibility for maritime carriers, terminals, tariffs, domestic offshore commerce, and foreign commerce.

Now in its sixth edition, Introduction to Information Technology Law (formerly Introduction to Computer Law), provides a comprehensive and accessible introduction to the law as it relates to computers. Adopting a practical approach that places the law in the context of computer use, this book is highly suitable for undergraduate law students, non-specialist students and computer professionals.

To date, there have been few theoretical inquiries into the relationship between the basic objectives of consumer protection laws and technological innovation. This book addresses this need by considering the impact of technological innovation on the foundations of consumer advocacy, contracting behaviour, control over intellectual capital and information privacy. The collection presents a unique and timely perspective on these issues. The authors, internationally renowned experts, from diverse areas such as consumer issues in technology markets; contract, and intellectual property provide a fresh perspective on these topics. Contributions provide novel approaches to the question of what consumer protection might consist of in the context of technological innovation. The book will be a valuable resource to academics and researchers in law and public policy and is easily accessible to graduate and undergraduate students working in these areas.

International Arbitration in Latin America features:
- a comprehensive and thorough overview of commercial arbitration in Latin America;
- a detailed analysis of the law and insight from local practitioners from Argentina, Brazil, Chile, Colombia, Ecuador, Mexico, Peru and Venezuela;
- a brief look at the rules and peculiarities of the proposed Mercosur International Commercial Arbitration Agreements entered into by Argentina, Brazil, Paraguay, Uruguay, Bolivia and Chile, whose eventual ratification and coming into force is contemplated;
- an examination of the adoption of arbitration as a method of dispute resolution for investors against states under bilateral investment treaties, over 300 of which have now been signed in the region;
- the text of the key sections of the international conventions to which reference is made (Panama Convention, NAFTA, Mercosur); and,
- a description of the increasing use of alternative dispute resolution in Latin America and how it might be bes used as a complement for arbitration proceedings, with an emphasis on complex projects where staged dispute resolution might be appropriate.

This title deals with the three important branches of the law relating to security. Within a small compass it analyses in critical detail the governing rules. In particular, it is a practical guide to current practice.

Aviation noise remains the primary hindrance to expansion of airport and airspace capacity in the United States. This book describes the development and practice of U.S. aircraft noise regulation, as well as the practical consequences of regulatory policy. Starting in the pre-jet transport era, the book traces the development of the modern framework for characterizing, standardizing, predicting, disclosing, and mitigating aircraft noise and its effects on airport-vicinity communities. Among other matters, the book treats noise-related consequences of the 1978 deregulation of the airline industry; prediction and mitigation of community reaction to airport noise; land use compatibility planning; recent research and industry trends; and some suggestions for potential improvements to current policy. Initial chapters describe the assumptions underlying aircraft noise regulation, and lay out the chronology of U.S. aircraft noise regulatory practice. Later chapters provide overviews of population-level effects of aviation noise, including health effects, speech and sleep interference, and annoyance. Readers will learn why predictions of the prevalence of aircraft noise-induced annoyance have systematically underestimated adverse community response to aircraft noise, and how such underestimation has complicated approval and funding of airport and airspace improvement projects. They will also learn why attempts at noise-compatible land use planning are seldom fully successful.

Smith and Keenan's Law for Business is an established and respected textbook. It is suitable for undergraduate non-law students who have a business law component in their degree. It also satisfies the business law requirements for a number of professional bodies such as the Association of Charted Certified Accountants and the Chartered Institute of Marketing. The book has been updated to include new statutory and case law developments, in particular the impact of new laws in the sphere of employment law, discrimination, and company law.

In the context of the evolution of affirmative action at the national and state levels, this study offers an empirical account of the citizens' movement in California that successfully resulted in the passage of a constitutional amendment to abolish such preferences in public education, public employment, and public contracting. It describes how the concept of affirmative action was transmuted into quotas and set-asides even in those situations where there was no credible evidence of past discrimination. This process was aided by Presidential Executive Orders as well as by some Supreme Court decisions which, until the late 1980s, failed to provide clear parameters of compensatory versus preferential actions. The California movement arose to reassert the original vision of equality as contained in the Civil Rights Act of 1964. Raza, Anderson, and Custred, who have studied the historical development of the phenomenon and have witnessed its actual operation, lift the curtain of secrecy that surrounds such preferences.

This book challenges the notion that affirmative action is a benign and temporary measure that simply provides a helping hand to those who are disadvantaged. There is ample evidence of the institutionalization of preferences that generally provide advantages to those who could otherwise compete on their own merits. Such unfair competitive advantages, provided by government agencies and public educational institutions have neither moral nor political majority support; however, they continue to exist through pressure of political interest groups, liberal political ideology, and entrenched bureaucrats who administer the system. Quite contrary to some people's thinking, the system of preferences may no longer be considered either permanent or necessary.

Clear, straightforward explanations and easy-to-follow examples ensure students' understanding of what is often considered a complex and difficult subject. Lively, humorous writing style and focus on real people and real situations help to bring equity and trusts to life, challenging preconceptions and engaging even the most resistant of students Focus on areas of contemporary interest and rapid recent development such as the family home; charities law and commercial uses of trusts to help students to see how the law impacts on individuals and businesses every day. Shorter, punchier and more accessible to a broader range of students than Alastair Hudson's classic textbook, this is sure to appeal to today's time-pressured law student. New edition updated to include the latest developments in case law.

'Essential Law for Marketers' offers clear and concise explanations of the laws that impact on the practice of marketing, advertising, sponsorship, design and public relations, providing expert guidance on crucial issues for the busy practitioner.Each chapter in the book offers, in simple English, full analysis of the law on each subject, and illuminates it with numerous examples and cases taken from current industry practice. It also offers helpful tips and suggestions for 'keeping it legal' without losing sight of the overall commercial objectives. Uniquely written from the practitioner's point of view, the text is structured to offer a complete and accessible picture of how the law can impinge on the job: < LI> 'Point of law' offers clear legal definitions or shows the generic application of a legal point in a real life context< LI> 'Law in action' outlines actual legal cases and their outcomes, with full referencing for the case available on the companion site< LI> 'Insight' offers background information, providing a broader practical or commercial context for a legal topic< LI> 'Checklist' at end of each chapter itemises the key issues to bear in mindEssential Law for Marketers covers all the key issues facing those working in the media. From making claims and statements, copyright, defamation, promotion and advertising, through to lobbying, cybermarketing and ambush marketing, it is an invaluable reference guide for anyone working within the sector. It also functions as an excellent learning resource for all marketing students who need to appreciate the legal implications of industry practice.SOME LEADING ENDORSEMENTS: "Few marketers have a full grasp of the law andlegal matters rarely feature in marketing training. They will be grateful to Ardi Kolah for bringing English law into the marketing context in such a straightforward manner. An admirable introduction." - Professor Tim Ambler, London Business School"Essential Law for Marketers is a seminal work on the subject. Agencies and clients can more effectively manage their marketing and communication activities by taking on board the information and lessons contained in this excellent book." - Raoul Pinnell, VP Global Brands & Communications, Shell International Petroleum Company"This book really is essential reading for all marketers and indeed for all general managers. It fills a major gap in the market and its many examples give a very practical guide to the intricacies of legal rights and responsibilities." - Sir Paul Judge, Judge Institute of Management, Cambridge University"Comprehensive, well written and easy to read. All the marketer ever needed to know about the legal and regulatory frameworks. A truly essential guide which I would recommend unreservedly." - Claire Watson, Director General, The Marketing Society"A clear and easy to use approach to marketing law ... As a small business it gives me the courage to make certain decisions without the immediate advice of a lawyer." -Cameron Leslie, Managing Director, Fabric"If you want to know the essentials of marketing law, then you'll find them here - an immensely valuable read..." - Commodore Richard Leaman OBE, Director of Communications, Royal Navy "Essential Law for Marketers is essential reading for all students and professionals of marketing. Packed with examples and written specifically for a marketing audience, it is the mostcomprehensive work on the subject and we're delighted to recommend it as an approved CIM text book to all our members." - Mike Detsiny, Chartered Institute of Marketing"Essential Law for Marketers is a timely and thorough guide to the current legislation that affects the practice of marketing ... Clear and concise, the book provides essential references and real-life examples to cover every marketing situation." - Tess Harris, Worshipful Company of Marketors"Ardi Kolah's legal knowledge and his insight into marketing strategy combine to set the industry standard. This book will appeal not just to marketers but to everyone involved in brand marketing and communication." - Ian Wright, Group Communications Director, Diageo Plc"Understanding the law has become strategically important to the practice of modern communication . Ardi Kolah presents the authoritative work on the subject, providing practical advice on how to integrate the communications power of the law into marketing and PR campaigns." - Chris Genasi, Director of Strategy, Weber Shandwick "This is an extremely useful book . Students of CIM and CAM will find this a painless overview of a topic which could bring them grief. Thanks to this book, they are less likely to be caught out in a legal difficulty over marketing." - Jeremy Baker MBA (Harvard), London Guildhall University"Essential Law for Marketers is required reading for anyone involved in sponsorship management and practice." - Stephen Proctor, Founder, Sports Marketing Surveys "It's a very good read. It's clear, simple and straightforward and you don't have to be a lawyer to understand it. The title sums it up - it's essential reading!" - Richard Forbes-Robertson, CEO,Phosphorus"Ardi Kolah is one of the industry's most accomplished public relations and marketing practitioners and has produced a well written and easy to understand guide to the law ... I've no doubt the book will become the standard reference work on the subject." - Colin Farrington, Director General, Institute of Public Relations"Ignorance is no excuse - its every marketer's responsibility to understand how the law affects them. Covering everything from cookies to copyright; data protection to defamation and lobbying to libel, Essential Law for Marketers is a unique and comprehensive reference of all these areas. If you want to avoid visits from trading standards, brushes with the Advertising Standards Authority, litigation or worse...you must read this book." - Ian Hunter, Marketing Director, Fujitsu Services"If you want an intelligent overview of the application of the law for marketers, then this is it. It should have been around years ago ..." - Andrew Marsden, Category Director, Britvic Soft Drinks"This book is a definitive guide, for busy marketers, of the potential minefield of legal issues that they must navigate during the course of performing their job." - Paul van Barthold, Managing Director, BLM Media"Ardi Kolah's Essential Law for Marketers has been written with the legal virgin in mind ... This book is full of practical tips and suggestions that will also be relevant to the seasoned campaign director and is sure to prove essential reading for anyone in the advertising industry who needs to get up to speed with this complex area." - Claire Beale, Deputy Editor, Campaign"When building a business the last distraction you want is the legal implications of managing andpromoting your brands. Few agencies are always on top of the type of detail you need to know about to stay on the right side of the law and ensure you don't damage the brand ... This book is an essential guide to law, written for the marketer and is both interesting to read (amazingly) and has the right level of detail." - Charles Fallon, Partner, Strategy & Investment Partners LLP and former Director, Saatchi & Saatchi Advertising UK"With its readable style and lively use of business examples, Essential Law for Marketers should find a home in the bookcase of all practitioners of the black arts of business communications." - Andy Smith MCIJ MIPR, President, Chartered Institute of Journalists"Ardi Kolah has captured many of the substantial legal issues that marketers could face as regulation and compliance standards increase. This book offers clear explanations of relevant law, with examples and practical advice for maintaining marketing momentum.....' - Professor Merlin Stone and Bryan Foss, IBM Financial Services Sector

The topic chosen for this special volume of the Comparative Law Yearbook of International Business is unfair trading practices, the use of such practices being a breach of the law against unfair competition. The principle of freedom of competition is vital to any market. Without it, there exists no protection against large companies obtaining monopolies and then ruthlessly exercising their market dominance. The ability of other companies to freely compete with such entities is, therefore, necessary to protect consumers from, for example, highly inflated prices. On the other hand, the right to compete must also be tempered in order to avoid its abuse by traders using unscrupulous methods to sell their products or services. The use of such methods may, again, impede the businesses of others and breach the principle of free competition. This subject is particularly relevant in today's society where new technology such as the Internet provides more and more scope for competition. When faced with unfair trading practices, the most immediate course of action must be to put a stop to such behaviour as soon as possible. If this is not done, a company may find itself suffering heavy losses and may even lose its business altogether. A temporary injunction is, therefore, a very important shield against the attack of a competitor. Once this is in place, a company may initiate proceedings in order to finalize the order and obtain damage for any losses suffered. This book gives a country-by-country account of the provisions and procedures laid down in various jurisdictions worldwide, each being provided by a practitioner in the area of competition law. It will therefore be a useful tool for anyone having to deal with unfair acts in the course of trading.

This is the first comprehensive review of the extent of remedies and impact of contractual agreements on restitution claims for void, unenforceable, and discharged contracts.