Multi-Tier Approaches to the Resolution of International Disputes

Multi-Tier Approaches to the Resolution of International Disputes
Author: Anselmo Reyes
Publisher: Cambridge University Press
Total Pages: 545
Release: 2021-12-16
Genre: Law
ISBN: 1108490603

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Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.

Enforceability of Multi-Tiered Dispute Resolution Clauses

Enforceability of Multi-Tiered Dispute Resolution Clauses
Author: Ewelina Kajkowska
Publisher: Bloomsbury Publishing
Total Pages: 267
Release: 2017-03-23
Genre: Law
ISBN: 1509910425

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This book analyses the contractual mechanisms requiring parties to exhaust a selected amicable dispute resolution procedure before proceedings in court or arbitration are initiated. It briefly explains the phenomenon of integrated dispute resolution, outlines ADR methods commonly used in multi-tiered clauses and presents the overview of standard clauses published by various ADR providers and professional bodies. The core of the analysis is devoted to the enforceability of multi-tiered clauses under the legal systems of England and Wales, Germany, France and Switzerland. It is essential reading for practitioners and academics working in this area.

Constructive Interventions

Constructive Interventions
Author: Lars Kirchhoff
Publisher: Kluwer Law International B.V.
Total Pages: 382
Release: 2008-01-01
Genre: Law
ISBN: 9041126856

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In the contemporary discipline of conflict resolution, adjudication and alternative dispute resolution (ADR) are often seen as antagonistic trends. This important book contends that, on the contrary, it is the bringing together of these trends that holds the most promise for an effective system of international justice. With great insight and passion, built firmly on a vast knowledge of the field, Lars Kirchhoff exposes the contemporary structural barriers to effective conflict resolution, defining where adjudication ends and ADR--and particularly the recent development of mediated third party intervention from an 'art' to a veritable 'science'--must come into play. The work starts by defining the challenges, potentials and shortcomings of different approaches to conflict resolution in an interdependent world--where the multiplicity of actors, topics and interests involved even in seemingly bilateral conflict situations is clearly manifest--and goes on to define useful models and connect the various elements relevant for the resolution of conflicts in a transparent way. In the course of its investigation the book accomplishes the following: * illustrates the various departure points and perspectives scholars of conflict resolution have taken as the basis for their work; discusses who should become involved in conflicts as a third party and by which techniques this should occur; systematically conveys the nature and consequences of intervention through mediation, focusing on the method's critical challenges; and clarifies the particular model of international mediation under development through UN initiatives. In approaching these intertwined topics, the author draws concrete conclusions for the realms of international law and related disciplines as well as for the organizational context of the United Nations. He explores such diverse scenarios as conflicts between States, conflicts involving international organizations, and--in accordance with the changing parameters of international law--even conflicts involving individuals, clarifying which constellations can be tackled by international mediation and which conflicts should be dealt with by other forms of diplomacy or adjudication. It is the conviction of many intermediaries and scholars that the considerable potential inherent in resolving conflicts peacefully is rarely put into practice. Although some of the reasons for this phenomenon are beyond the influence of scholarly debate, in many instances the reasons for failure of peaceful resolution processes are more structural or systemic in nature. It is the great virtue of this book that it establishes enough clarity in an unclear and complex field to make concrete and workable recommendations in these instances, and for that reason it will be of immeasurable value and benefit to all scholars, policymakers, and activists dedicated to the pursuit of peace.

Dispute Settlement for ASEAN Businesses under the Belt and Road Initiative

Dispute Settlement for ASEAN Businesses under the Belt and Road Initiative
Author: Locknie Hsu
Publisher: Edward Elgar Publishing
Total Pages: 197
Release: 2022-12-06
Genre: Law
ISBN: 1803922699

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This forward-looking book examines dispute resolution issues in the context of Belt and Road Initiative dealings between parties in ASEAN Member States, China and other trade partners. It discusses a range of commercial dispute issues and economic agreements including free trade agreements and investment agreements, both bilateral and regional.

Diversity in International Arbitration

Diversity in International Arbitration
Author: Shahla F. Ali
Publisher: Edward Elgar Publishing
Total Pages: 313
Release: 2022-11-04
Genre: Law
ISBN: 1803920041

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After decades of focus on harmonization, which for too many represents no more than Western legal dominance and a largely homogeneous arbitration practitioner community, this ground-breaking book explores the increasing attention being paid to the need for greater diversity in the international arbitration ecosystem. It examines diversity in all its forms, investigating how best to develop an international arbitral order that is not just tolerant of diversity, but that sustains and promotes diversity in concert with harmonized practices.

International Dispute Resolution and the Public Policy Exception

International Dispute Resolution and the Public Policy Exception
Author: Farshad Ghodoosi
Publisher: Routledge
Total Pages: 169
Release: 2016-06-10
Genre: Law
ISBN: 1317292839

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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.

Dispute Processes

Dispute Processes
Author: Michael Palmer
Publisher: Cambridge University Press
Total Pages: 433
Release: 2020-07-09
Genre: Law
ISBN: 1107070546

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This new edition considers a wide range of materials dealing with dispute processes and current debates on civil justice.

Interdisciplinary Perspectives on Contemporary Conflict Resolution

Interdisciplinary Perspectives on Contemporary Conflict Resolution
Author: Novais, Paulo
Publisher: IGI Global
Total Pages: 390
Release: 2016-04-19
Genre: Language Arts & Disciplines
ISBN: 1522502467

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Since the dawn of human speech and interaction, there have been conflicts among individuals, regions, and whole nations. Disagreements, miscommunications, no matter the name they take; conflicts will continue to be present in every field of work or study. New technologies such as social media have extended people’s ability to communicate, and therefore dispute, making additional research and practical solutions for resolving conflict all the more necessary. Interdisciplinary Perspectives on Contemporary Conflict Resolution presents theoretical perspectives on the causes of diverse conflicts, approaches novel disputes and the technology associated therein, and provides readers with multifaceted solutions to the myriad of potential arguments and disagreements that arise as part of the human condition. This interdisciplinary publication is a critical resource for researchers, legal practitioners, policy makers, government officials, and students and educators in the fields of political science, communication studies, and business.

International Dispute Resolution

International Dispute Resolution
Author: Taylor & Francis Group
Publisher: Routledge
Total Pages: 674
Release: 2019-06-09
Genre:
ISBN: 9781138378513

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This volume considers the application of dispute resolution theory and practice to international conflicts and explores the uses of formal processes such as diplomacy or treaty formation, as well as more informal processes such as multiple-track private negotiations or peace workshops. The volume also presents materials on more innovative forms of complex transnational or sub-national conflict resolution, such as transitional and restorative justice institutions and processes, both formal (truth and reconciliation commissions) and indigenous and informal (Rwandan gacaca). The articles are selected from both public and private international law settings and query whether universal principles of multi-national dispute resolution are possible or whether each conflict is likely to be sui generis or requiring deep contextual analysis and integrity. They also explore the dialogic, as well as dialectical, relationships in the development of conflict resolution theory and practice in multi-cultural and multi-disciplinary settings and show that the application of dispute resolution theories from multiple sources and cultures (both Western and Eastern, as well as Northern and Southern) to multiple sites of conflicts (including courts, tribunals and other forms of dispute resolution at different levels and from multiple jurisdictions) raises important dilemmas of universalism and particularism in international conflict resolution.

The Private-Public Law Divide in International Dispute Resolution

The Private-Public Law Divide in International Dispute Resolution
Author: Burkhard Hess
Publisher: BRILL
Total Pages: 336
Release: 2018-08-21
Genre: Law
ISBN: 9004384901

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This course addresses dispute resolution in international cases from the classical perspective of the private-public divide. The main focus relates to overlapping remedies available under private international and public international law. Nowadays, a multitude of courts and arbitral tribunals at different levels (domestic, international and transnational) is accessible to litigants in cross-border settings.