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| Author | : Jacqueline Clare |
| Publisher | : North Carolina Bar Foundatio |
| Total Pages | : 352 |
| Release | : 2008-07-08 |
| Genre | : Law |
| ISBN | : 0615235662 |
First Edition e-book only
| Author | : |
| Publisher | : |
| Total Pages | : 2 |
| Release | : 2001 |
| Genre | : Dispute resolution (Law) |
| ISBN | : |
| Author | : Massachusetts. Supreme Judicial Court/Trial Court Standing Committee on Dispute Resolution |
| Publisher | : |
| Total Pages | : 162 |
| Release | : 1996 |
| Genre | : Dispute resolution (Law) |
| ISBN | : |
| Author | : Shahla Ali |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 313 |
| Release | : 2020-12-10 |
| Genre | : Law |
| ISBN | : 940352863X |
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.
| Author | : United States. Court of Appeals (District of Columbia Circuit) |
| Publisher | : |
| Total Pages | : 12 |
| Release | : 1993 |
| Genre | : Appellate procedure |
| ISBN | : |
| Author | : United States |
| Publisher | : |
| Total Pages | : 12 |
| Release | : 1990 |
| Genre | : Administrative procedure |
| ISBN | : |
| Author | : Mary Ellen O'Connell |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2012 |
| Genre | : Arbitration (International law). |
| ISBN | : 9781594609046 |
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.
| Author | : J. Mashamba |
| Publisher | : African Books Collective |
| Total Pages | : 226 |
| Release | : 2014-09-02 |
| Genre | : Law |
| ISBN | : 998775354X |
Today, Alternative Dispute Resolution (ADR) has gained international recognition and is widely used to complement the conventional methods of resolving disputes through courts of law. ADR simply entails all modes of dispute settlement/resolution other than the traditional approaches of dispute settlement through courts of law. Mainly, these modes are: negotiation, mediation, [re]conciliation, and arbitration. The modern ADR movement began in the United States as a result of two main concerns for reforming the American justice system: the need for better-quality processes and outcomes in the judicial system; and the need for efficiency of justice. ADR was transplanted into the African legal systems in the 1980s and 1990s as a result of the liberalization of the African economies, which was accompanied by such conditionalities as reform of the justice and legal sectors, under the Structural Adjustment Programmes. However, most of the methods of ADR that are promoted for inclusion in African justice systems are similar to pre-colonial African dispute settlement mechanisms that encouraged restoration of harmony and social bonds in the justice system. In Tanzania ADR was introduced in 1994 through Government Notice No. 422, which amended the First Schedule to the Civil Procedure Code Act (1966), and it is now an inherent component of the country's legal system. In recognition of its importance in civil litigation in Tanzania, ADR has been made a compulsory subject in higher learning/training institutions for lawyers. This handbook provides theories, principles, examples of practice, and materials relating to ADR in Tanzania and is therefore an essential resource for practicing lawyers as well as law students with an interest in Tanzania. It also contains additional information on evolving standards in international commercial arbitration, which are very useful to legal practitioners and law students.
| Author | : Erika S. Fine |
| Publisher | : Butterworth-Heinemann |
| Total Pages | : 358 |
| Release | : 2014-05-16 |
| Genre | : Political Science |
| ISBN | : 1483161978 |
ADR and the Courts: A Manual for Judges and Lawyers focuses on new methods in the judicial system. The selection first elaborates on an overview of private ADR, semi-binding forums, and court-annexed arbitration. Discussions focus on implications for the federal district courts, effectiveness, jurisdiction, objectives, court-annexed arbitration, Michigan "Mediation" or valuation, private processes, litigation management, and dispute prevention. The text then ponders on Michigan Mediation, settlement hearings, forms for summary jury trials, and mini-trials in the District Of Massachusetts. The book tackles volunteer attorney mediation in Washington, orders and other materials from the mediation program in the United States District Court for the District Of Kansas, and orders regarding early neutral evaluation. Topics include notice of selection of case for early neutral evaluation, mechanics of mediation, format of the settlement conference, evaluation of the mediation program, and case selection. The selection is a dependable reference for lawyers and judges.
| Author | : Zbynek Loebl |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 214 |
| Release | : 2019-11-01 |
| Genre | : Law |
| ISBN | : 9403517123 |
The newest phenomenon in the field of online dispute resolution (ODR) is the emergence of online courts. Holding great promise for end-users of the justice system, online courts can expand access to remedies, improve efficiency and lead to greater fairness and even cost savings. Nonetheless, there is a danger that the rush to digitization will compromise due process or the need for careful re-design of judicial procedures. This book, focusing on ethical issues and key implementation topics, is the first to provide a comprehensive template for how online courts should be designed. The author is well-known for his contributions to the development of the ODR movement. In this book he describes and analyzes features of online courts such as the following: how to use technologies such as predictive analytics and artificial intelligence (AI) for judicial tasks; how to approach the potential for international standardization; how to plan for cooperation rather than competition with private ODR platforms; and how to avoid the mistakes of the earliest online courts. Throughout, the author stresses the need for developing open ODR standards, schemes and specifications for open-source software. With its detailed first-hand information about which online courts have succeeded and why, and its authoritative predictions regarding future trends, this book will serve as the go-to information and education source for judges and administrators, as well as for lawyers, public officials and platform designers worldwide.
