Описание: Beyond the Courtroom provides a compilation of articles and chapters by Hal Abramson, a dispute resolution scholar who has made remarkable contributions over his thirty-year career. Professor Abramson has focused his research and practice on parties trying to resolve their own disputes.
Описание: This book offers a socio-legal exploration of localised consumer complaint processing and dispute resolution in the People’s Republic of China – now the second largest consumer market in the world – and the experiences of both ordinary and ‘professional’ consumers.Drawing on detailed analysis of an impressive body of empirical data, this book highlights local Chinese understandings and practice styles of ‘mediation’, and identifies in popular consciousness a continuing sense of reliance on the government for securing consumer rights in China. These are not only important features of consumer dispute processing in themselves, but also help to to explain why no ombudsman system has emerged.This innovative book looks at the nature of China’s distinctive dispute resolution and complaints system, issues within that system, and the experiences of consumers within it. The book illustrates the access to justice processes locally available to aggrieved consumers and provides a unique contribution to comparative consumer law studies in Asia and elsewhere.
Описание: Mandatory investor-state mediation (ISM) as a pre-condition to arbitration is the way forward for rebalancing the investor-state dispute settlement (ISDS) regime and tackling its widely criticised shortcomings. Presenting a comprehensive doctrinal analysis of ISDS clauses of dozens of treaties, this book reveals that simply offering ISM in a voluntary format will not increase its utilisation.
In this volume, Ana Ubilava further debunks four common arguments and misconceptions against mandatory ISM through an innovative empirical analysis of over 600 investor-state arbitration cases. She also offers recommendations for incorporating mandatory ISM in ISDS as a precondition to arbitration aimed at international policymakers.
Описание: This book explores multi-tier dispute resolution (MDR) as an increasingly popular means to resolve disputes. For scholars, legal practitioners and policy makers, it includes a global survey of MDR, detailed country reports and case studies authored by experts in Asia and the wider world, with insightful observations and suggestions throughout.
Описание: This book explores multi-tier dispute resolution (MDR) as an increasingly popular means to resolve disputes. For scholars, legal practitioners and policy makers, it includes a global survey of MDR, detailed country reports and case studies authored by experts in Asia and the wider world, with insightful observations and suggestions throughout.
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