International Dispute Resolution
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International Dispute Settlement
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Author : J. G. Merrills
language : en
Publisher: Cambridge University Press
Release Date : 2011-03-17
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 2011-03-17 with Law categories.
A guide to the techniques and institutions used to solve international disputes, how they work and when they are used. This textbook looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, often topical, examples of each method in practice to place the theory of how things should work in the context of real-life situations and to help the reader understand the strengths and weaknesses of different methods when they are used. It also looks at organisations such as the International Court and the United Nations and has been fully updated to include the most recent arbitrations, developments in the WTO and the International Tribunal for the Law of the Sea, as well as case law from the International Court of Justice.
International Dispute Resolution
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Author : Mary Ellen O'Connell
language : en
Publisher:
Release Date : 2012
International Dispute Resolution written by Mary Ellen O'Connell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Arbitration (International law). categories.
Twenty-first century lawyers practice law in a global village. They represent clients in negotiations for oil concession leases. They attend international treaty negotiations on behalf of sovereign states and environmental NGOs. They act as mediators in international child custody disputes and arbitrators for title to artworks displaced in war. They search the world for the right forum to bring claims for human rights violations, piracy prosecutions, and intellectual property protection. The successful 21st century lawyer is prepared to practice international dispute resolution, and this book is designed to assist in that preparation. It is a comprehensive treatment of the full range of dispute resolution processes, including negotiation, mediation, inquiry, conciliation, arbitration, and adjudication. The second edition updates and expands the first edition. It includes additional materials on international commercial arbitration as well as recent decisions of the United States Supreme Court, the International Court of Justice and the International Centre for the Settlement of Investment Disputes. New problems have been added and reading lists have been revised. Despite the new additions, the book remains highly teachable in a two or three credit-hour format. The law book market has many titles on arbitration and transnational litigation. This is the only casebook, however, that introduces students to all of the dispute resolution mechanisms available internationally. Lawyers today need this information as much as they need the standard first year required course on civil procedure.
International Dispute Resolution
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Author : Vesna Lazić
language : en
Publisher: Springer
Release Date : 2018-07-26
International Dispute Resolution written by Vesna Lazić and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-26 with Law categories.
The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div
Multi Tier Approaches To The Resolution Of International Disputes
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Author : Anselmo Reyes
language : en
Publisher: Cambridge University Press
Release Date : 2021-12-16
Multi Tier Approaches To The Resolution Of International Disputes written by Anselmo Reyes 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 2021-12-16 with Law categories.
Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.
International Dispute Settlement In An Evolving Global Society
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Author : Francisco Orrego Vicuña
language : en
Publisher: Cambridge University Press
Release Date : 2004-11-25
International Dispute Settlement In An Evolving Global Society written by Francisco Orrego Vicuña 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 2004-11-25 with Law categories.
"Lauterpacht Research Centre for International Law, University of Cambridge."--T.p.
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.
New Frontiers In Asia Pacific International Arbitration And Dispute Resolution
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Author : Shahla Ali
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-12-10
New Frontiers In Asia Pacific International Arbitration And Dispute Resolution written by Shahla Ali 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 2020-12-10 with Law categories.
International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.
International Dispute Resolution
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Author : Albert Jan van den Berg
language : en
Publisher:
Release Date : 1998-01-01
International Dispute Resolution written by Albert Jan van den Berg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-01-01 with categories.
International Dispute Resolution And The Public Policy Exception
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Author : Farshad Ghodoosi
language : en
Publisher: Routledge
Release Date : 2016-06-10
International Dispute Resolution And The Public Policy Exception written by Farshad Ghodoosi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-10 with Law categories.
Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion—a safety valve and a control mechanism for today’s international and domestic international dispute resolution— no major study has ventured to review and analyze it. This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts. The book sheds light on one of the most important yet often-neglected control mechanisms of today’s international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.
International Arbitration And Mediation
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Author : Michael McIlwrath
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01
International Arbitration And Mediation written by Michael McIlwrath 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 2010-01-01 with Law categories.
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.