Comparative And Transnational Dispute Resolution


Comparative And Transnational Dispute Resolution
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Comparative And Transnational Dispute Resolution


Comparative And Transnational Dispute Resolution
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Author : Shahla Ali
language : en
Publisher: Taylor & Francis
Release Date : 2023-02-10

Comparative And Transnational Dispute Resolution written by Shahla Ali and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-10 with Law categories.


This edited volume presents research and policy insights into the theory and practice of dispute systems reform in diverse jurisdictions. It highlights how important extra-judicial mechanisms are for resolving cross-border disputes, as evidenced both by the breadth of scholarship dedicated to the issue and the proliferation of parties resorting to non-litigious dispute resolution mechanisms in recent years. Drawing on selected case studies, the book examines the impact of comparative research and policy analysis in advancing reform of dispute resolution institutions at both the regional and global levels. It explores the challenges and opportunities of understanding and assessing developments in systems of dispute resolution in diverse social and political contexts through comparative research. With a growing number of disputes which have come to involve cross-border issues, anyone interested in transnational and comparative dispute resolution will find this book a useful reference.



Forming Transnational Dispute Settlement Norms


Forming Transnational Dispute Settlement Norms
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Author : Shahla F. Ali
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-05-28

Forming Transnational Dispute Settlement Norms written by Shahla F. Ali and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-28 with Law categories.


This thought-provoking book examines whether regional centres associated with global legal institutions facilitate expanded citizen engagement in global soft law making. Through an analysis of empirical research into the role of decentralized soft law making in the East Asian region, it investigates the influence of such regional centres in overcoming representational deficits in the design of cross-border dispute settlement norms.



International And Comparative Mediation


International And Comparative Mediation
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Author : Nadja Marie Alexander
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01

International And Comparative Mediation written by Nadja Marie Alexander and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.


"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.



Comparative Dispute Resolution


Comparative Dispute Resolution
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Author : Maria F. Moscati
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-12-25

Comparative Dispute Resolution written by Maria F. Moscati and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-25 with Law categories.


Comparative Dispute Resolution offers an original, wide-ranging, and invaluable corpus of chapters on dispute resolution. Enriched by a broad, comparative vision and a focus on the processes used to handle disputes, this study adds significantly to the discourse around comparative legal studies. Chapters present new understandings of theoretical, comparative and transnational dimensions of the manner in which societies and their legal systems respond to difficulties in social relations.



China And International Dispute Resolution In The Context Of The Belt And Road Initiative


China And International Dispute Resolution In The Context Of The Belt And Road Initiative
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Author : Wenhua Shan
language : en
Publisher: Cambridge University Press
Release Date : 2021-02-18

China And International Dispute Resolution In The Context Of The Belt And Road Initiative written by Wenhua Shan and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-18 with Business & Economics categories.


The first comprehensive study of China's role in international dispute resolution in the context of the 'Belt and Road Initiative'.



International Dispute Resolution


International Dispute Resolution
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Author : Dennis Campbell
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-06-24

International Dispute Resolution written by Dennis Campbell and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-24 with Law categories.


This special issue of the Comparative Law Yearbook of International Business examines a variety of issues relating to international dispute resolution. National systems such as Brazil, England and Wales, Hong Kong, India, Italy, Slovakia, the United States, are reviewed. The treatment of special issues ranges from document production, discovery, and ethics to public policy, telecommunications contracts, and expatriate employees. Finally, the issue surveys various topics, dealing with matters such as the general principles of law, international rules, international contract law, consolidation and class actions, and enforcement of arbitral awards.



The Comparative Law Yearbook Of International Business


The Comparative Law Yearbook Of International Business
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Author : Christian Campbell
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-03-23

The Comparative Law Yearbook Of International Business written by Christian Campbell and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-23 with Law categories.


Conflict avoidance and resolution have always been primary purposes of the law. Satisfaction with judicial processes has declined in many jurisdictions. After the diversion of many disputes from courts to arbitral tribunals, arbitration has now also become a target of intense criticism.This dissatisfaction with binding third party adjudication of disputes coincides with rising tensions among citizens asking basic questions about what they can expect from each other and their governments in a constantly changing world. One response has been the proliferation of processes between disputing parties that are structured and interactive negotiation and assisted by a neutral third party using specialized negotiation and communication techniques. These processes have been labelled “mediation”. While mediation is not focused on the identification and application of legal rights and duties in the way that adjudication is, its success remains dependent on a legal framework which is still evolving in most jurisdictions and especially across borders. In this edition of the Comparative Law Yearbook of International Business, lawyers from nine jurisdictions examine developments relating not only to the framework for cross-border mediation, such as the Singapore Convention or inter-State disputes, or relating to their countries’ overall approaches to regulating this method of dispute resolution, but also relating to specific issues, such as mediator ethics and conflicts of interest, and even exploring the neural science of conflict dynamics.



Comparative International Commercial Arbitration


Comparative International Commercial Arbitration
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Author : Julian D. M. Lew
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2003-01-01

Comparative International Commercial Arbitration written by Julian D. M. Lew and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-01-01 with Law categories.


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.



Transnational Law And Practice


Transnational Law And Practice
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Author : Donald Earl Childress III
language : en
Publisher: Aspen Publishing
Release Date : 2022-10-27

Transnational Law And Practice written by Donald Earl Childress III and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-27 with Law categories.


The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Transnational Law and Practice emphasizes the knowledge and skills that students need to solve the real-world transnational legal problems they are likely to encounter as lawyers in today’s globalized world—regardless of their field of practice and regardless of whether they are interested in international law as such. The casebook covers public international law and international courts; but unlike traditional international law casebooks, it urges students not to be “international law-centric” or “international court-centric” and gives them the resources to learn how to use national law and national courts, and private norms and alternative dispute resolution methods, to solve transnational legal problems on behalf of their clients. New to the Second Edition: Substantially re-written chapter on recognition and enforcement of foreign judgments to reflect recent important developments Excerpts from and discussion of new Supreme Court decisions on extraterritoriality, personal jurisdiction, the Alien Tort Statute and Foreign Sovereign Immunity Excerpts from the new Restatement (Fourth) of the Foreign Relations Law of the United States and the draft Restatement of the U.S. Law of International Commercial and Investor-State Arbitration Professors and students will benefit from: A practice-oriented approach that focuses on the knowledge and skills students need to solve real-world transnational legal problems on behalf of their clients. Comparative perspectives throughout. A team of authors with a wide range of expertise and experience in transnational litigation, arbitration, international law, constitutional law and transnational business transactions. An excellent alternative to classic public international law texts for introductory or first-year courses on international or transnational law. Multiple uses: With advanced material on transnational practice in U.S. courts, also ideal for upper-division courses on international civil litigation. Practical materials not traditionally included in public international law casebooks, such as materials on transnational commercial arbitration and conflict of laws. Extensive explanatory text to facilitate student learning and notes and questions that emphasize real-world lawyering, not just theory and doctrine. Review questions at the end of each chapter to help students synthesize, logically structure, and flowchart complex material.



Dispute Resolution Methods Comparative Law Yearbook Of International Business Special Issue


Dispute Resolution Methods Comparative Law Yearbook Of International Business Special Issue
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Author : Dennis Campbell
language : en
Publisher: Springer
Release Date : 1994-12-23

Dispute Resolution Methods Comparative Law Yearbook Of International Business Special Issue written by Dennis Campbell and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-12-23 with Law categories.


This volume examines the important area of dispute resolution. Its main focus is upon those methods of resolving disputes which provide alternatives to the existing judicial system. Under discussion are the most prominent of these methods -- arbitration, mediation and conciliation -- as well as others, such as mini-trials, valuations and dispute review boards. The authors are eminent legal practitioners and scholars from countries spanning the five continents. Consequently, the volume consists of accounts relating to the use of alternative dispute resolution methods in these countries. The pros and cons of each method are examined, together with the procedures involved, their applicability to certain types of cases and their future development. This work also includes a chapter devoted entirely to International Fast-Trac Commercial Arbitration, which describes how fast-track clauses may be utilized in international commercial contracts to ensure that disputes are resolved rapidly and efficiently. The future for such clauses in individual countries is discussed and a comparative analysis given.