Controversy And Conciliation
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Conciliation In International Law
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Author : Christian Tomuschat
language : en
Publisher: BRILL
Release Date : 2016-11-17
Conciliation In International Law written by Christian Tomuschat and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-17 with Law categories.
This volume collects the materials underlying the International Colloquium “Conciliation in the Globalized World of Today“, held on 11 and 12 June 2015 in Vienna under the auspices of the Court of Conciliation and Arbitration within the OSCE. The aim of the Colloquium was to examine the merits and possible shortcomings of this method of conflict resolution, and it concluded that the pros heavily outweigh the cons.
Flexibility In International Dispute Settlement
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Author : Christian Tomuschat
language : en
Publisher: BRILL
Release Date : 2020-07-13
Flexibility In International Dispute Settlement written by Christian Tomuschat and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-13 with Law categories.
Conciliation has recently seen a successful revival. It provides States with a flexible remedy to peacefully settle their disputes with neighbouring States. The most prominent mechanism for that purpose is the OSCE Court of Conciliation and Arbitration, unused until today.
The Discourses Of Dispute Resolution
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Author : Vijay Kumar Bhatia
language : en
Publisher: Peter Lang
Release Date : 2010
The Discourses Of Dispute Resolution written by Vijay Kumar Bhatia and has been published by Peter Lang this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Dispute resolution (Law) categories.
This volume presents some of the findings from a project on various aspects of Alternative Dispute Resolution (ADR), including conciliation, mediation, and arbitration. To study the discursive practices of ADR today, an international initiative has been undertaken by a group of specialists in discourse analysis, law, and arbitration from more than twenty countries. The chapters in this volume draw on discourse-based data (narrative, documentary and interactional) to investigate the extent to which the 'integrity' of ADR principles is maintained in practice, and to what extent there is an increasing level of influence from litigative processes and procedures. The primary evidence for such practices comes from textual and discourse-based studies, ethnographic observations, and narratives of experience on the part of experts in the field, as well as on the part of some of the major corporate stakeholders drawn from commercial sectors.
Textbook On Arbitration And Conciliation With Alternative Dispute Resolution
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Author : Madhusudan Saharay
language : en
Publisher:
Release Date : 2008
Textbook On Arbitration And Conciliation With Alternative Dispute Resolution written by Madhusudan Saharay and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Arbitration and award categories.
International Dispute Settlement
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Author : J. G. Merrills
language : en
Publisher: Cambridge University Press
Release Date : 2005-10-27
International Dispute Settlement written by J. G. Merrills 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 2005-10-27 with Law categories.
A completely updated edition of a definitive survey of the peaceful settlement of disputes - a key aspect of international law and international relations. Many methods of handling such disputes have been developed, and this book explains what the relevant techniques and institutions are, how they work and when they are used. Separate chapters cover the various diplomatic methods (negotiation, mediation, inquiry and conciliation), the legal methods (arbitration and judicial settlement), the special arrangements for disputes concerning trade or the law of the sea, and the role of the United Nations and regional organisations. The strengths and limitations of each method are illustrated with numerous examples taken from international practice. This new edition deals with many current developments, including the latest UN peace-keeping operations, the work of the WTO and of the International Tribunal for the Law of the Sea, and the latest case-law of the International Court of Justice.
The Conciliation And Arbitration Handbook
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Author : Dawie Bosch
language : en
Publisher:
Release Date : 2004
The Conciliation And Arbitration Handbook written by Dawie Bosch and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Arbitration, Industrial categories.
Conciliation And Mediation In India
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Author : Gracious Timothy Dunna
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-02-15
Conciliation And Mediation In India written by Gracious Timothy Dunna 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 2022-02-15 with Law categories.
Global Trends in Dispute Resolution Series, Volume 11 It can be said that negotiation is about what to do, whereas mediation is about how to do it—how to make sure control is in the hands of the disputants. Although mediation (as well as conciliation) is taking hold in dispute resolution worldwide, among the nations, India shows the strongest signs of interest in developing a pervasive legal mediation culture. In this invaluable book, more than 20 formidable thought leaders with global reputations in dispute resolution describe how mediation is used, and can be used, to resolve different types of disputes in India and international cases. With a focus throughout on the law and procedure applicable to conciliation and mediation in India—addressing the involvement of each of the stakeholders in the process (with relevant hints on practice)—the contributors examine such issues and topics as the following: mediator ethics; court-annexed mediation; institutional mediation; mediating commercial disputes; mediating company, insolvency, and bankruptcy disputes; mediating government disputes; mediating investor-state disputes; mediating family disputes; e-mediation; community mediation and citizen empowerment; mixed-mode dispute resolution; and cross-border enforcement of mediated settlements. Two practice-oriented chapters synthesize the process, techniques, and approaches that experienced mediators and mediation advocates have found to be most valuable in their preparation for a mediation. Included is a detailed commentary on Part III of the Arbitration and Conciliation Act 1996 and the 2018 Singapore Convention on Mediation. There is little doubt that mediation is the dispute resolution choice of the next-generation lawyer. Present-day lawyers, judges, and users are becoming increasingly convinced that early conflict resolution through facilitated negotiations avoids the pitfalls of adversarial modes of dispute resolution, especially in terms of user satisfaction. This book takes into account where India stands at present, covering statutes, international conventions, and academic literature, thus bequeathing a broad understanding of the subject for legal practitioners, judges, arbitrators, mediators and conciliators, users, and technical experts who wish to understand it.
Arbitration And Mediation In International Business
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Author : Christian Bühring-Uhle
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2006-01-01
Arbitration And Mediation In International Business written by Christian Bühring-Uhle 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 2006-01-01 with Law categories.
"Arbitration and mediation in international business was first published in 1996 and was one of the first comprehensive studies on the practice of international business dispute resolution, covering both international commercial arbitration and the so-called ?alternative? techniques such as mediation. The book also provided an empirical analysis of how both arbitration and mediation are conducted in a crossborder context, along with a normative guide to the relative costs and benefits of these two methods. This second edition is not just an updated version of the first edition but a new book in itself: Benefitting from the contributions of two co-authors, the work has been enhanced by discussions of innovative tools for making settlement negotiations more effective, and by the in-depth analysis of practical techniques to integrate mediation and arbitration in international business. Also, a comprehensive new empirical survey was conducted in order to capture new trends in this rapidly developing field. The result is a ?must have? resource for anyone having to deal with potential conflict in international business relationships."--Publisher's website.
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.
Dispute Resolution In Asia
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Author : Michael Charles Pryles
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2006-01-01
Dispute Resolution In Asia written by Michael Charles Pryles 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 2006-01-01 with Law categories.
Prized by practitioners since the first edition appeared in 1998, Dispute Resolution in Asia provides a much wider spectrum of Asian laws and approaches to dispute resolution than is traditional in comparative studies. It examines arbitration, litigation, and mediation in thirteen countries, with detailed practical essays each written by a senior lawyer with vast knowledge and experience of dispute resolution in his or her own country. Contributions vary in style and content and thus reflect the diversity of legal systems and cultures in Asia. The third edition of this popular book has been expanded by the inclusion of a chapter on Korea and a discussion of investment treaty arbitrations. All chapters have been revised and updated to incorporate recent developments, such as the enactment of relevant new legislation in Malaysia. Statistics on arbitration centres in Asia are also included. As a comprehensive practical guide to the practice and procedure of dispute resolution in the important trading countries of Asia, this book will be of great value to corporate counsel and international lawyers and business people, as well as to students of dispute resolution. For more information on the editor, Professor Michael Pryles, please visit his website http://www.michaelpryles.com