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108 results in Arbitration, Dispute Resolution and Mediation

Page 1 of 6

International Arbitration and India
  • Practice, Politics, and New Comparative Perspectives
  • Jaya Vasudevan Suseela
  • Coming soon
  • Expected online publication date:
    January 2025
    Print publication:
    30 November 2024
  • This book offers a sound exposition of the theoretical foundations of international arbitration law using a comparative and cross-cultural approach. Exploring the normative approaches and legitimacy crisis in a transnational context, it aims to establish links between the respective legal regimes handling disputes. Identifying pragmatic solutions in the contemporary world of conflicting interests, this book investigates the latest trends in international arbitration law. This book will help readers understand and demonstrate how best to manage the unification efforts to achieve synergies and enhance the legitimacy of a pluralistic world of international arbitration law. The combination of conceptual analysis and archival investigation of landmark case laws provide the reader with a fresh innovative understanding of the depth of international arbitration law. The book will be important reading for instructors, practitioners and scholars.

Vanishing Legal Justice
  • The Changing Role of Judges in an Era of Settlements and Plea Bargains
  • Michal Alberstein, Nofit Amir
  • Coming soon
  • Expected online publication date:
    November 2024
    Print publication:
    30 November 2024
  • A full trial has become an uncommon phenomenon in many legal systems, replaced largely by promotion of settlement and plea-bargaining. This book uncovers today's judicial role in this radically changed legal setting using multiple methods. Over five years, researchers analyzed court dockets, studied judges in action, and conducted interviews with judges and lawyers. This book, which spans several legal cultures, follows in the footsteps of the 'vanishing trial phenomenon', probing its existence beyond common law systems. In doing so, it provides insights into the changing judicial role and the metamorphosis of legal systems. Offering a new perspective on possible futures of legal systems, including the use of artificial intelligence, the authors provide a rich context for legal scholars and policymakers to redesign the architecture of conflicts. Moreover, they introduce new jurisprudential perspectives on the relationship between law and conflict resolution, with an emphasis on the judicial role.

The Federal Arbitration Act
  • Successes, Failures, and a Roadmap for Reform
  • Edited by Richard A. Bales, Jill I. Gross
  • Coming soon
  • Expected online publication date:
    November 2024
    Print publication:
    30 November 2024
  • In honor of the 100th anniversary of the Federal Arbitration Act, this volume brings together a diverse group of leading scholars and practitioners to celebrate its successes and propose specific reforms. Readers will gain insight into how the Federal Arbitration Act impacts the modern practice of arbitration and how the Supreme Court's interpretation of the Act undermines its fairness. Focusing on domestic, commercial and consumer, as well as securities and labor and employment arbitration, this book provides a roadmap to enhance the fairness and coherence of the Act. The volume is unique in that it serves as the impetus for a law reform project, with over thirty scholars speaking collectively for improvements to the law. More effective than scattershot arguments, this coordinated effort delivers a consistent message to a national audience: that arbitration has become ubiquitous and the law should ensure it is fair and equitable.

The Changing Character of International Dispute Settlement
  • Challenges and Prospects
  • Edited by Russell Buchan, Daniel Franchini, Nicholas Tsagourias
  • Published online:
    14 December 2023
    Print publication:
    21 December 2023
  • 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.

Swiss Contract Law in International Commercial Arbitration
  • A Commentary
  • Christoph Müller
  • Published online:
    27 July 2023
    Print publication:
    10 August 2023
  • This book provides a systematic presentation of the most important commercial contracts under Swiss law, i.e., the contract of sale, the contract for work and services, the simple mandate contract, and the commercial agency contract, as well as the licence agreement, the exclusive distribution agreement, and the settlement agreement. The book also contains an in-depth introduction of the Swiss law of obligations, covering topics such as the fundamental principles of contract law, the obligation (as the effect of the contract), the formation of contracts, contract interpretation, validity of contracts, agency, general terms and conditions, and breach of contract. After English law, Swiss law is deemed to be the most attractive law applicable to the parties' contract in an international context. At the same time, English is usually chosen as the language of the arbitration proceedings. This book will therefore be an indispensable resource for all English-speaking lawyers interested in international commercial arbitration.

Cambridge Compendium of International Commercial and Investment Arbitration
  • Edited by Stefan Kröll, Andrea K. Bjorklund, Franco Ferrari
  • Published online:
    18 February 2023
    Print publication:
    02 March 2023
  • The Compendium, like an encyclopedia, contains entries for most of the foundational principles and concepts underlying arbitration. Each entry takes a holistic view of international arbitration, as they tackle core concepts from both a commercial and an investment arbitration perspective, focusing on the fundamental issues underlying the various topics rather than on the solutions adopted in any particular jurisdiction, thus making the Compendium a truly cross-border, transnational resource. This innovative approach will allow readers to identify the commonalities as well as the differences between commercial and investment arbitration, whether and where cross-fertilization has taken place and what consequences it can have. This approach allows the Compendium to be a tool in promoting the creation of a culture of international arbitration that considers commercial arbitration and investment arbitration as part of a whole but with certain distinct features particular to each.

From Formal to Material Equality
  • Comparative Perspectives from History, Plurality of Disciplines and Theory
  • Edited by Stefan Grundmann, Jan Thiessen
  • Published by:
    Intersentia
    Published online:
    15 November 2023
    Print publication:
    12 January 2023
  • Equality has been seen as the core of any quest of justice since Aristotle's Nicomachian Ethics. Reaching not only situational equality, but equality in status, however, had not been achieved until modern times. The father of ethics and his systematic enquiry into the concept of justice did not have any problems with foreigners without rights, women as second-class citizens and enslaving people - nor did antiquity at large, medieval era or even the high renaissance. While suum cuique (treating equal issues equally and unequal issues unequally) had been in place since antiquity and Cicero, personal status still had to wait to be recognised as a target of equality concerns. Related to this, no agenda was designed for achieving a paradigm reaching beyond mere formal equality, which only implies treating same things formally the same, and the material quest for equality has come to the fore as a vision only very recently. This book explores these issues - from general equality to equality also in personal status, hence also anti-discrimination, and the change from formal to material concepts of equality - in time and in theoretical approaches. In time, it describes firstly how the equality of indigenous people in Latin America was originally developed as a postulate on the basis of the Bible (all men are similar to God) and from that also as a postulate of equality in law.

Manifestations of Coherence and Investor-State Arbitration
  • Charalampos Giannakopoulos
  • Published online:
    13 December 2022
    Print publication:
    19 January 2023
  • Coherence is highly valued in law. It is especially sought after in investor-state dispute settlement, where charges of incoherence in arbitral awards have long been raised by states and scholars. Yet coherence is a largely underexplored notion in international law. Often, it is treated as a mere ideal to strive towards or simply as a different way to describe the legal consistency of judicial outcomes. This book takes a different approach. It sees coherence as an independent concept having two dimensions: a substantive and a methodological one. Both are critically important for legal reasoning by international courts and tribunals, including by investor-state tribunals, and the book illustrates through several case studies some of the ways this conclusion is borne out in practice. A fuller understanding of coherence in international law has implications for our understanding of the concept of law, the practice of legal reasoning, and judicial professional ethics.

EU Private International Law in Family Matters
  • Legislation and CJEU Case Law
  • Costanza Honorati, Maria Caterina Baruffi
  • Published by:
    Intersentia
    Published online:
    20 April 2023
    Print publication:
    13 October 2022
  • Few commentaries on EU private international law (PIL) in family and succession matters are currently available on the market and these are usually devoted to specific regulation(s), offering a full overview of both the CJEU case law and the literature concerning the given legal instrument(s).

Legal Privilege and Transnational Evidence-Taking
  • A Comparative Study on Cross-Border Disclosure, Evidence-Shopping and Legal Privilege
  • René Jansen
  • Published by:
    Intersentia
    Published online:
    20 April 2023
    Print publication:
    20 September 2022
  • There are various methods for taking evidence abroad during litigation. This work focuses on two of them: 1. obtaining legal documents from a foreign national adversarial party during the main proceedings ('cross-border disclosure'), and 2. obtaining documents with the help of an auxiliary court, with the aim of introducing them as evidence during foreign civil proceedings ('evidence shopping'). It has a particular focus on the situation where a party wants to inspect information that their opponent has confidentially shared with a foreign (in-house) lawyer.

    In such instances, various questions arise. May the court grant the disclosure order based on the procedural law of its state? If so, how should the court determine the applicable law regarding possible legal privilege? Will this be the rules of its own state, or should the court apply a foreign state's rules on legal privilege instead? And does it make a difference whether the applicant requests disclosure during the main proceedings, or considering civil proceedings that will take place abroad?

    This book discusses these questions regarding the US federal, English, French, German and Dutch legal systems.

Schreuer's Commentary on the ICSID Convention
  • A Commentary on the Convention on the Settlement of Investment Disputes between States and Nationals of Other States
  • 3rd edition
  • Edited by Stephan W. Schill, Loretta Malintoppi, August Reinisch, Christoph H. Schreuer, Anthony Sinclair
  • Published online:
    17 September 2022
    Print publication:
    22 September 2022
  • This unique compendium offers an article-by-article commentary on the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Providing a comprehensive explanation of the functioning of this important mechanism for the settlement of investor-State disputes, it incorporates the preparatory work, the Convention's text, various rules and regulations adopted under the Convention, the practice of arbitral tribunals under the Convention, and academic writings on the subject. The first and second editions of this Commentary have been relied upon by numerous arbitral tribunals. This third edition follows the same system and approach, but extensive updates and revisions reflect the vast increase in arbitral practice since the publication of the second edition. A number of novel issues that have emerged through this practice are now addressed, making this practice-oriented guide an indispensable tool for anyone dealing with the ICSID Convention. Likewise, the number of contributors to and editors of the third edition has increased.

International Commercial Mediation
  • Law and Regulation in Comparative Context
  • Ronán Feehily
  • Published online:
    01 September 2022
    Print publication:
    08 September 2022
  • In this comprehensive comparative study, Ronán Feehily analyses the legal and regulatory issues surrounding international commercial mediation and discusses their implications in a range of settings. While existing literature tends to cover mediation in general, Feehily places the commercial mediation process in its legal and regulatory context, offering an original contribution to the field. The book identifies the controversies that arise from the mediation process across numerous jurisdictions and discusses them in detail. Comparing the mediation process in Europe, North America and Australia, as well as other common, civil and 'mixed' jurisdictions, Feehily demonstrates where systemic differences are transcended and where they are significant. Organised systematically and written in an accessible style, Feehily offers an international, holistic guide to the commercial mediation process.

Boundaries of Information Property
  • Edited by Christine Godt, Geertrui Van Overwalle, Lucie Guibault, Deryck Beyleveld
  • Published by:
    Intersentia
    Published online:
    17 December 2022
    Print publication:
    16 August 2022
  • This book is the result of a long-term comparative research project on intellectual property, with topics ranging from patents to copyright, examined across 16 jurisdictions. The research results question the common narratives of the distinctiveness of private and public law, of contracts and property, and of morality and the law.

    The fourteen selected cases, based on recent, and in some cases futuristic when the project began in 2001, scenarios, aim to identify how boundaries to information property emerge, the areas of law that are applied and the principles that are followed in order to balance the conflicting interests at stake. The issues discussed revolve around well-known interfaces such as IP and competition law, monetary interests versus personal interests in human genome data, individual freedoms-to-operate versus collective action models as found in basic research or 'creative commons'. The book shows how some national discussions appear similar on the surface, in terms of resorting to parallel principles, but subsequent domestic policy answers vary greatly. Even legislation which aims at harmonisation may result into more diversity.

    The national reports in Part III are complemented by comparative analyses by the editors, whilst the chapters in Part II are dedicated to an analysis of the submissions from a theoretical point of view, departing from the editors' own research interests. The chapter in Part I describes the overall 'Common Core' research method, which splits the national reports into operative, descriptive and metalegal formants.

WTO Agreement on Safeguards and Article XIX of GATT
  • A Detailed Commentary
  • Fernando Piérola-Castro
  • Published online:
    19 May 2022
    Print publication:
    16 June 2022
  • Drawing upon Fernando Piérola-Castro's extensive experience as a WTO practitioner, this book is a comprehensive and up-to-date overview of safeguard measures. With each chapter exploring a different provision of the agreement, it explores the relevant rules and procedures that govern safeguard investigations, the imposition of measures, the question of consultations and rebalancing and the multilateral transparency requirements of notification. Grounded in relevant case law, this book emphasises practice, logistics and risk management. Without focussing on the practice of any particular jurisdiction, it offers a general framework that can be applied to several domestic laws. It is a practical manual with the view of assisting in day-to-day problems in the handling of safeguard matters.

Merrills' International Dispute Settlement
  • 7th edition
  • John Merrills, Eric De Brabandere
  • Published online:
    07 March 2022
    Print publication:
    10 March 2022
  • The fully revised seventh edition of this successful textbook explains the legal and diplomatic methods and organisations used to solve international disputes, how they work and when they are used. It looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, up-to-date examples of each method in practice to place the theory of how the law works in real-life situations, demonstrating the strengths and weaknesses of different methods when they are used. Fully updated throughout, the seventh edition includes a new introduction explaining the common principles of settlement and a chapter on investor–state arbitration, as well as recommended further readings at the end of each chapter. It is an essential resource for advanced undergraduate and postgraduate courses on international dispute settlement.

Dispute Settlement in the World Trade Organization
  • 3rd edition
  • David Palmeter, Petros C. Mavroidis, Niall Meagher
  • Published online:
    27 January 2022
    Print publication:
    17 February 2022
  • The WTO dispute settlement process has evolved in recent years into one of the most successful, yet complex, systems of international arbitration. In this extensively revised new edition of Palmeter, Mavroidis, and Meagher's authoritative book on WTO dispute settlement, the authors provide a comprehensive overview of each step of the WTO dispute settlement process, examining both the history of the system, the governing legal rules, and the more informal procedural aspects of the process in detail. This edition takes into account the jurisprudence of panels and the Appellate Body up to the end of 2020 and includes an analysis of the current crisis in the WTO Appellate Body. This volume is an essential tool for practitioners, diplomats, government lawyers, and students of WTO law and should equally be of interest to students of other forms of international arbitration.

The Legitimacy of Investment Arbitration
  • Empirical Perspectives
  • Edited by Daniel Behn, Ole Kristian Fauchald, Malcolm Langford
  • Published online:
    06 January 2022
    Print publication:
    13 January 2022
  • International investment arbitration remains one of the most controversial areas of globalisation and international law. This book provides a fresh contribution to the debate by adopting a thoroughly empirical approach. Based on new datasets and a range of quantitative, qualitative and computational methods, the contributors interrogate claims and counter-claims about the regime's legitimacy. The result is a nuanced picture about many of the critiques lodged against the regime, whether they be bias in arbitral decision-making, close relationships between law firms and arbitrators, absence of arbitral diversity, and excessive compensation. The book comes at a time when several national and international initiatives are under way to reform international investment arbitration. The authors discuss and analyse how the regime can be reformed and ow a process of legitimation might occur.

The Three Ages of International Commercial Arbitration
  • Mikaël Schinazi
  • Published online:
    16 December 2021
    Print publication:
    16 December 2021
  • Drawing on a wide range of previously unpublished sources, this unique history of international commercial arbitration in the modern era identifies three periods in its development: the Age of Aspirations (c. 1780–1920), the Age of Institutionalization (1920s–1950s), and the Age of Autonomy (1950s–present). Mikaël Schinazi analyzes the key features of each period, arguing that the history of international commercial arbitration has oscillated between moments of renewal and anxiety. During periods of renewal, new approaches, instruments, and institutions were developed to carry international commercial arbitration forward. These developments were then reined in during periods of anxiety, for fear that international arbitration might be overstepping its bounds. The resulting tension between renewal and anxiety is a key thread running through the evolution of international commercial arbitration. This book fills a key gap in the scholarship for anyone interested in the fields of international arbitration, legal history, and international law.

Multi-Tier Approaches to the Resolution of International Disputes
  • A Global and Comparative Study
  • Edited by Anselmo Reyes, Weixia Gu
  • Published online:
    09 December 2021
    Print publication:
    16 December 2021
  • Multi-tier dispute resolution (MDR) entails an early attempt at mediation followed by arbitration or litigation if mediation is unsuccessful. Seemingly, everyone acknowledges MDR's attractiveness as a means of resolving disputes due to its combination of the flexibility and informality of mediation with the rigour and formality of arbitration or litigation. Yet, the question is why, except in China and some Asian jurisdictions, MDR is not resorted to around the world and MDR clauses in commercial contracts remain relatively uncommon. This book responds to that question by (1) surveying global regulatory approaches frameworks for MDR, (2) comparing MDR trends in Asia and the wider world, (3) identifying MDR's strengths and weaknesses, and (4) prescribing ways to address MDR's weaknesses (the enforceability of MDR clauses, the difficulties arising when the same person acts as mediator and decision-maker in the same dispute, and the enforcement of mediated settlement agreements resulting from MDR).

The Institute of International Law's Resolution on the Equality of Parties Before International Investment Tribunals
  • Introduction, Text and Commentaries
  • Campbell McLachlan
  • Published online:
    28 October 2021
    Print publication:
    18 November 2021
  • The Institute of International Law's 2019 Resolution on the Equality of Parties before International Investment Tribunals represents a major step forward in codification of this essential principle as it applies to investor-state dispute settlement: a principle whose application in this context has attracted increasing controversy in recent years. In this commentary, Campbell McLachlan, who served as the Institute's Rapporteur on the topic, explains the context for the Resolution and sets forth an article-by-article analysis of its provisions, drawing upon a wealth of prior case-law as well as the discussions within the Institute that led to the Resolution. The resulting text is designed to assist counsel and tribunals in investment cases, as well as contribute to the wider debate on the reform of investor-state dispute settlement.

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