Описание: A unique collaboration between academic scholars, legal practitioners, and arbitrators, this handbook focuses on the intersection of arbitration - as an alternative to litigation - and the court systems to which arbitration is ultimately beholden. The first three parts analyze issues relating to the interpretation of the scope of arbitration agreements, arbitrator bias and conflicts of interest, arbitrator misconduct during the proceedings, enforceability of arbitral awards, and the grounds for vacating awards. The next section features fifteen country-specific reviews, which demonstrate that, despite the commonality of principles at the international level, there is a significant of amount of differences in the application of those principles at the national level. This work should be read by anyone interested in the general rules and principles of the enforceability of foreign arbitral awards and the grounds for courts to vacate or annul such awards.
Автор: Tiago Andreotti Название: Dispute Resolution in Transnational Securities Transactions ISBN: 1509937471 ISBN-13(EAN): 9781509937479 Издательство: Bloomsbury Academic Рейтинг: Цена: 6334.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores the transnational legal infrastructure for dispute resolution in transnational securities transactions. It discusses the role of law and dispute resolution in securities transactions, the types of disputes arising from them, and the institutional and legal aspects of dispute resolution, both generally and regarding aggregate litigation. It illustrates different dispute resolution systems and aggregate litigation methods, and examines the legal issues of dispute resolution arising from transnational securities transactions. In addition, the book proposes two systems of dispute resolution for transnational securities transactions depending on the type of dispute: collective redress through arbitration and a network of alternative dispute resolution systems.
Автор: Federman, Sarah Название: Transformative negotiation ISBN: 0520386930 ISBN-13(EAN): 9780520386938 Издательство: Wiley Рейтинг: Цена: 3960.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The international dispute settlement system is currently facing many challenges regarding the authority, effectiveness, and legitimacy of its methods and mechanisms and their coordination. These challenges cut across different fields of international law and relations such as investment, trade, human rights, water resources, the law of the sea, the environment, international peace and security, disaster law, space, and cyberspace. New technologies also impact on the scope of existing disputes and their settlement, which lead to the emergence of new disputes and ways of settling them. This book offers insightful reflections by academics and practitioners on such challenges and how they can be addressed as well as on how the international dispute settlement system should adapt to attain its aim of maintaining peace and international legality. It deals with many contemporary issues and is wide-ranging in scope. It is suitable for students, scholars, and practitioners of international dispute settlement, international law, and international relations.
Автор: Cole Tony Название: The Structure of Investment Arbitration ISBN: 1138930067 ISBN-13(EAN): 9781138930063 Издательство: Taylor&Francis Рейтинг: Цена: 7042.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Although a State’s treatment of foreign investors has long been regulated by international law, it is only recently that international investment law has emerged as an independent discipline in its own right. In recent decades the practical success of investment arbitration has allowed international investment law to develop both its own cadre of academic and professional specialists and its own legal doctrines. This book analyses the structure of international investment law, as it has developed through the practice of investment arbitration in order to see how a variety of international investment law doctrines should be understood and applied. The book demonstrates how a structural analysis can shed light on several major controversies within investment law and also examines what an "investment" actually is. The book offers an original interpretative approach to the resolution of problems in international investment law, and so is one of the few books within the field to attempt to give investment law a solid theoretical basis. It also focuses on only a select number of problems, rather than attempting to deliver the universal coverage currently popular for investment law books. As a result, those issues that are addressed get a detailed discussion rarely available in competing texts.
Описание: Rules of customary international law provide basic legal protections to foreign investors. This book analyses how they are created and how they can be identified. Offering guidance to actors called upon to apply such rules in concrete cases, this work is of significant importance to those involved in investment arbitration.
Название: Contemporary issues in mediation - volume 5 ISBN: 9811220522 ISBN-13(EAN): 9789811220524 Издательство: World Scientific Publishing Рейтинг: Цена: 10296.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Contemporary Issues in Mediation (CIIM) Volume 5 builds on the success of the past four volumes as testament to a growing interest of authors and readers in the wide variety of issues that arise with mediation. Readers stand to benefit from a diverse range of topics selected for their high quality of research and novelty. With the recent signing of the Singapore Convention on Mediation in August 2019, there is no doubt that mediation is and will continue to be extremely pertinent in the world of dispute resolution. Edited by Singapore's leading expert on mediation and negotiation, Professor Joel Lee (National University of Singapore, Faculty of Law), the Chief Executive Officer of SIMI, Mr. Marcus Lim, and Assistant Professor Dorcas Quek-Anderson (Singapore Management University, Faculty of Law), CIIM Volume 5 is a unique and valuable addition to the growing body of literature in mediation and dispute resolution.
Автор: Tendron Ludovic Название: The Master Key: Unlock Your Influence & Succeed in Negotiation ISBN: 0578611112 ISBN-13(EAN): 9780578611112 Издательство: Неизвестно Рейтинг: Цена: 2389.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book is an essential resource for practising lawyers and academics active in the field of international investment and commercial arbitration. It analyses relevant case law involving alleged criminal conduct such as bribery, fraud, or money laundering within international arbitration and addresses the most pressing issues regarding applicable criminal law and evidence.
Автор: Chakraborty Sweta Название: Pharmaceutical and Medical Device Safety ISBN: 1509916695 ISBN-13(EAN): 9781509916696 Издательство: Bloomsbury Academic Рейтинг: Цена: 11880.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines how regulatory and liability mechanisms have impacted upon product safety decisions in the pharmaceutical and medical devices sectors in Europe, the USA and beyond since the 1950s. Thirty-five case studies illustrate the interplay between the regulatory regimes and litigation. Observations from medical practice have been the overwhelming means of identifying post-marketing safety issues. Drug and device safety decisions have increasingly been taken by public regulators and companies within the framework of the comprehensive regulatory structure that has developed since the 1960s. In general, product liability cases have not identified or defined safety issues, and function merely as compensation mechanisms. This is unsurprising as the thresholds for these two systems differ considerably; regulatory action can be triggered by the possibility that a product might be harmful, whereas establishing liability in litigation requires proving that the product was actually harmful. As litigation normally post-dates regulatory implementation, the ‘private enforcement’ of public law has generally not occurred in these sectors. This has profound implications for the design of sectoral regulatory and liability regimes, including associated features such as extended liability law, class actions and contingency fees. This book forms a major contribution to the academic debate on the comparative utility of regulatory and liability systems, on public versus private enforcement, and on mechanisms of behaviour control.
Автор: Stephen Walker Название: Digital Mediation ISBN: 1526525747 ISBN-13(EAN): 9781526525741 Издательство: Bloomsbury Academic Рейтинг: Цена: 11245.00 р. Наличие на складе: Нет в наличии.
Описание: Digital mediation is here to stay, but how do mediators, advisers and clients achieve the same results from digital mediations as they do from face to face mediations? Do new skills and mindsets need to be learnt? Can you build rapport online? Can you read emotions? How do you market online? How do you decide whether it’s the right choice for your dispute? How does digital mediation fit into the world of the Digital Justice System and mandatory mediation? Answering these questions and many more, this is the only book to focus on mediation as opposed to other means of Online Dispute Resolution such as arbitration. This title: - Includes checklists and templates written by a mediator who has conducted over 280 digital mediations- Covers topics including smart systems, ‘smart settle’, the use of artificial intelligence, ChatGPT and mixed media mediations- Teaches mediators, advisers and clients the different skills and mindsets essential to success in the world of digital mediation- Shows how to market mediation online with practical guidance on websites, videos, blogs and podcasts- This book is essential reading for all mediators wishing to adapt to the new norm of digital mediation. This title is included in Bloomsbury Professional's Mediation online service.
Описание: Peter Ashford provides a unique guide for the understanding and implementation of party representation guidelines in international arbitration. Combining detailed discussion and commentary on the guidelines, this is an invaluable resource for arbitrators and international arbitral institutions around the world in investment and commercial arbitration disputes.
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