international arbitration and mediation a practical guide ebook kluwer law international

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International Arbitration And Mediation

Author : Michael McIlwrath
ISBN : 9789041126108
Genre : Law
File Size : 24. 24 MB
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This book is intended as an easily accessible desktop resource for lawyers who regularly counsel businesses when negotiating international deals, and for those who represent the same clients in achieving a successful resolution when disputes emerge. The text is divided into chapters that follow the life cycle of an international commercial dispute as seen through the eyes of the parties, from when they agree how to resolve disputes in their contracts to the endgame of enforcement. Additionally, the appendices include a number of model submissions for further reference.--Provided by publisher.

Comparative International Commercial Arbitration

Author : Julian D. M. Lew
ISBN : 9789041115683
Genre : Law
File Size : 54. 55 MB
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This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.

International Arbitration And The Permanent Court Of Arbitration

Author : Manuel Indlekofer
ISBN : 9041147667
Genre : Law
File Size : 58. 89 MB
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Introduction : awakening sleeping beauties? -- Roots of public international arbitration and the Permanent Court of Arbitration -- Public international arbitration in today's dispute settlement framework -- Today's activities of the Permanent Court of Arbitration -- Prospects for international arbitration and the PCA in the twenty-first century -- Conclusion : Institutionalized arbitration revisited.

International Arbitration

Author : Gary B. Born
ISBN : 9041166378
Genre : Law
File Size : 63. 76 MB
Format : PDF
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International Arbitration: Law and Practice (Second Edition) provides a comprehensive coverage of the basic principles and legal doctrines, and the practice, of international arbitration. It contains a systematic and concise treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The book addresses both international commercial arbitration and the related fields of investment and state-to-state arbitration, and is essential reading for any student of international arbitration and any practitioner seeking a complete introduction to the field. Accolades for Gary B. Bornand’s International Commercial Arbitration (2009 and& 2nd ed. 2014), recipient of the American Society of International Lawand’s 2010 Certificate of Merit: and“An unparalleled book on the law, practice and theory of international commercial arbitration and… indispensable for both practitioners and academics.and” Professor Jack L. Goldsmith III, Harvard Law School and“Stunningly comprehensive, accessible, and bristling with insights: the definitive text on international arbitration.and” Professor Harold Hongju Koh, Yale Law School and“A monumental work of legal scholarship.and” Professor Campbell McLachlan, Victoria University of Wellington and“An extraordinary combination of both practical experience and academic analysis.and” Professor Dr. Daniel Girsberger, University of Lucerne

Ending Africa S Energy Deficit And The Law

Author : Yinka Omorogbe
ISBN : 9780192551733
Genre : Law
File Size : 43. 56 MB
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With the inclusion of access to energy in the sustainable development goals, the role of energy to human existence was finally recognized. Yet, in Africa, this achievement is far from realized. Omorogbe and Ordor bring together experts in their fields to ask what is stalling progress, examining problems from institutions catering to vested interests at the continent's expense, to a need to develop vigorous financial and fiscal frameworks. The ramifications and complications of energy law are labyrinthine: this volume discusses how energy deficits can burden disabled people, women, and children in excess of their more fortunate counterparts, as well as considering environmental issues, including the delicate balance between the necessity of water for drinking and cleaning and the use of water in industrial processes. A pivotal work of scholarship, the book poses pressing questions for energy law and international human rights.

International Arbitration In Switzerland

Author : Elliott Geisinger
ISBN : 904113848X
Genre : Law
File Size : 41. 62 MB
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A convenient, neutral location, with a long-standing tradition of arbitration, arbitrationfriendly legislation, arbitration-supportive courts, and an exemplary infrastructure for all of these reasons, parties often choose Switzerland as their preferred seat of arbitration. Switzerland continues to therefore play a leading role in the field of arbitration.

International And Comparative Mediation

Author : Nadja Marie Alexander
ISBN : 9789041132246
Genre : Law
File Size : 28. 86 MB
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"In a world where the borders of the global community are fluid, and where disputants manifest increasingly diverse attributes and needs, mediation ? for decades hovering at the edge of dispute resolution practice ? is now emerging as the preferred approach, both in its own right and as an adjunct to arbitration. Mediation processes are sufficiently flexible to accommodate a range of stakeholders (not all of whom might have legal standing) in ways the formality of arbitration and litigation would not normally allow. Among mediation?s many advantages are time and cost efficiencies, sensitivity to cultural differences, and assured privacy and confidentiality. This book meets the practice needs of lawyers confronted with cross-border disputes now arising far beyond the traditional areas of international commerce, such as consumer disputes, inter-family conflicts, and disagreements over Internet-based transactions. The author takes full account of mediation?s risks and limitations, primarily its lack of finality and uncertainty in relation to enforceability issues which will persist until the advent of appropriate international regulation."--Publisher's website.

International Construction Arbitration Law

Author : Jane Jenkins
ISBN : 9041149856
Genre : Law
File Size : 35. 2 MB
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There is probably no area of activity more in need of reliable dispute resolution procedures than construction projects, especially if more than one jurisdiction is involved. The second edition of this eminently practical guide greatly facilitates the process for all parties concerned. The text, now updated to include the latest edition of arbitral rules, considers the full range of available dispute resolution methods, including mediation, conciliation, and (increasingly common in international construction disputes) determination by dispute review boards or expert panels, before focusing specifically on arbitration. The book then looks in detail at all aspects of arbitration, from commencement of proceedings, through preparation and collection of the evidence necessary in complex construction cases, to common procedural issues, the conduct of the hearing, the effect of the award, challenges to it and its enforcement. Specific valuable features include the following: guidance on drafting of dispute resolution provisions designed to minimise disputes and facilitate their swift resolution; flowcharts to illustrate the stages in dispute procedures and arbitration; a comparison between common law and civil law approaches to key concepts; details of the key features of a construction contract and common standard forms; expert guidance on effective contract administration; step-by-step advice on the conduct of a construction arbitration; and coverage of particular issues thrown up by complex construction disputes which differentiate them from other commercial disputes, with guidelines on how to approach such issues in the presentation before a tribunal. As an easy-to-use resource for both general counsel and the lawyers in private practice, this book has no peers. It has proved to be of particular value to commercial contract negotiators and corporate counsel who may have many years of experience but have not had to live through a construction dispute or manage a construction contract during the life of a project. Lawyers in private practice embarking on a construction dispute for the first time will also find this book of value, as will students of dispute resolution.

Private Dispute Resolution In International Business

Author : Klaus Peter Berger
ISBN : STANFORD:36105134461156
Genre : Business & Economics
File Size : 35. 41 MB
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Private Dispute Resolution in International Business consists of two books and an interactive DVDRom. Volume I follows the progress of a dispute between two companies, in step-by-step detail, through negotiation, mediation, and arbitration in turn. Volume II provides precise, informed solutions to the problems raised in the first volume's case study. The DVDRom contains not only all contracts and other written documentation produced during the dispute--including all procedural orders and awards rendered by the arbitral tribunal during the arbitration, the text of legal materials such as arbitration laws and rules and international conventions, and further learning and teaching aids--but also almost 100 videos dramatising the negotiation, mediation, and arbitration proceedings described in the books, conducted by highly experienced practitioners active in the field of international dispute resolution. Subtitles in the videos refer the viewer to paragraphs in the books where each relevant legal problem is analysed. In addition, an internet home page provides regular updates. To summarise: ; The Case Study (Volume I) provides a realistic and highly practical approach to learning and teaching the law and practice of private dispute resolution in international business. The Handbook (Volume II) provides a comprehensive comparative study of the law of international dispute resolution. The DVDRom allows for a highly innovative, interactive teaching and learning experience, and provides a comprehensive collection of arbitration rules and other documentary material. The videos on the DVDRom clearly manifest the soft skills and advocacy skills required to successfully resolve international business disputes, including the unique opportunity to draw on-screen comparisons between the negotiation, mediation, and arbitration methods. With its concrete and highly practical approach, this innovative teaching and training tool for international dispute resolution will be of immeasurable value to students and teachers of dispute resolution, corporate counsel, international lawyers, and business people. DVD-ROM (put this in right column) The DVD-ROM has a large number of interactive teaching and learning features which you can use simultaneously with the books or separately. The main menu of the DVD contains seven buttons: ; 'Parties and Persons', 'Case Development', 'Documents and Events', 'Materials', ;'Videos', 'Soft Skills' and 'Links'. The button 'Parties and Persons' provides an overview of the 'actors' who appear in the video section of the DVD-ROM. Under the button 'Case Development' you will find an animated graphical Case Development which enables you to better understand the sequence of events in the first two Scenarios of the Case Study. This tool should therefore be used simultaneously with the Case Study. Under the button 'Documents and Events' you will find a chronological list of events for each Scenario, together with the relevant documents produced by the xvi Private Dispute Resolution in International Business - Handbook parties during the contract negotiations, the negotiations in the Hague, the mediation (fax messages, general contract conditions, etc.) and the arbitration (legal briefs, communications from the DIS Secretariat, orders of the Tribunal, awards, etc.) as pdf files. You should refer to these documents whenever the symbol'( )' indicates that the document is reproduced on the DVD. Under the button 'Materials'

The Freshfields Guide To Arbitration Clauses In International Contracts

Author : Jan Paulsson
ISBN : 9789041134004
Genre : Law
File Size : 58. 49 MB
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With this newly updated edition of the Freshfields Guide to Arbitration Clauses in International Contracts - still in the concise, attractive format that made the original so popular - lawyers and business people will confidently negotiate contracts that ensure a speedy, clear-cut resolution of any dispute likely to arise. Taking into account the many significant developments in the law and practice of international arbitration that have occurred over the years since the previous editions, it offers: ; clear, uncomplicated contract-drafting advice, derived from the authors' wide-ranging practical experience; model clauses that ensure the effectiveness of dispute resolution provisions - and avoid pitfalls, and important reference materials.

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