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Author : American Arbitration Association
Publisher :
ISBN 13 :
Total Pages : 7 pages
Book Rating : 4.:/5 (126 download)
Download or read book Commercial Mediation Rules written by American Arbitration Association and published by . This book was released on 1984 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Vesna Lazić
Publisher : Springer
ISBN 13 : 946265252X
Total Pages : 127 pages
Book Rating : 4.4/5 (626 download)
Download or read book International Dispute Resolution written by Vesna Lazić and published by Springer. This book was released on 2018-07-26 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div
Author : Carlos Esplugues Mota
Publisher :
ISBN 13 : 9781780682495
Total Pages : 0 pages
Book Rating : 4.6/5 (824 download)
Download or read book Civil and Commercial Mediation in Europe (set - Vols. 1&2) written by Carlos Esplugues Mota and published by . This book was released on 2014-03-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally available as two separate volumes, Intersentia's Civil and Commercial Mediation in Europe is now available as a two volume set. *** About Volume I on National Mediation Rules and Procedures: Mediation is becoming an increasingly important tool for resolving civil and commercial disputes. Although it has been long since recognized in many legal systems, in recent years it has received an important boost and is currently one of the most topical issues in the field of dispute resolution. The European Directive 2008/52/EC of the European Parliament and of the Council of 21.5.2008 on certain aspects of mediation in civil and commercial matters, prescribes a set of minimum common rules on mediation for all EU Member States, with the exception of Denmark. This book examines the current legal framework in every EU Member State regarding mediation in civil and commercial matters, as well as the way in which the Directive has been, or is expected to be, implemented in the near future. It is written by renowned specialists on mediation in Europe and provides an exhaustive account for both scholars and practitioners in Europe and beyond the continent. Every chapter on national law analyzes: both out-of-court and court-annexed mediation in the existing legal framework * the areas of law covered by mediation * the value and formal requirements of the agreement to submit any dispute to mediation * personal features and requirements for mediators * procedural requirements in the mediation procedure * the relationship between the mediator and public authorities * the outcome of the mediation procedure * in the scenario in which a mediation settlement is reached, its requirements and effects. *** About Volume II on Cross-Border Mediation: Mediation plays a leading role within the movement of Alternative Dispute Resolution after centuries in which for several reasons the State and State courts were regarded as the only available instrument to ensure access to justice to citizens. In the European Union the institution of mediation has received much support in the form of Directive 2008/52/EC which sets forth a minimum common legal framework for mediation in the Member States. The 2008 Directive has finally been implemented in the Member States and this book provides the much needed in-depth analysis of the status of the mediation regimes in the European Union. The analysis covers the legal regimes of the Member States set up for cross-border and national mediation. This volume includes national reports on cross-border mediation including in-depth information on all the relevant aspects of cross-border mediation: the notion of cross-border mediation, the law applicable to the mediation clause, the mediation proceedings and the content of the settlement reached by the parties. Special attention is of course given to the recognition and enforcement in the European Union of settlements reached in other Member States and outside Europe. In addition the role of mediators and requirements to become a mediator are examined. This book provides a unique picture of the legal situation in the European Union for cross-border mediation. It is an invaluable instrument for those who want to know more about this complex topic or want to become a mediator in Europe themselves.
Author : American Arbitration Association
Publisher :
ISBN 13 :
Total Pages : 7 pages
Book Rating : 4.:/5 (417 download)
Download or read book Rules, Commercial Mediation Rules written by American Arbitration Association and published by . This book was released on 1984 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Peter Binder
Publisher : Kluwer Law International B.V.
ISBN 13 : 904116894X
Total Pages : 987 pages
Book Rating : 4.0/5 (411 download)
Download or read book International Commercial Arbitration and Mediation in UNCITRAL Model Law Jurisdictions written by Peter Binder and published by Kluwer Law International B.V.. This book was released on 2019-05-14 with total page 987 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Commercial Arbitration and Mediation in UNCITRAL Model Law Jurisdictions Fourth Edition Dr Peter Binder This new edition of a classic text is so extensively revised and updated as to constitute a new book. It does, however, retain the tried and tested article-by-article structure of the previous three editions: it covers all the information needed when contemplating cross-border arbitration or mediation and enables a practitioner to ascertain what to expect in each jurisdiction. It remains the only book that provides a complete overview of all the adopting jurisdictions (now 111) at one glance, with a description of the legislation in these jurisdictions counterbalanced by court rulings to demonstrate how matters are dealt with in everyday practice. The popular adoption chart matrix unique to this book has been further enhanced and updated. Featuring the first full commentary on the newly released 2018 UNCITRAL Model Law on International Commercial Mediation (including its revolutionary regime for the enforcement of settlement agreements reached by means of mediation) and an update of all case law on UNCITRAL texts (CLOUT) to date, the fourth edition provides explicit expert guidance on such matters as the following: overview of each jurisdiction that has enacted the Model Laws; provisions in a particular national Model Law enactment to be watched out for; how a particular issue dealt with in a Model Law enacting jurisdiction has been handled by local courts; and which jurisdictions can be safely recommended in arbitration or mediation clauses in international commercial agreements. Both of the Model Laws are reproduced in full in an appendix. With an examination of each provision’s legislative history as well as national and subnational adoptions of the Model Laws, this work provides a complete picture of global practice in international arbitration and mediation as it exists today, taking full account of emerging trends in the enactment process and in case law. Business people who agree to arbitrate in one of the 111 recognized Model Law jurisdictions can rely on a secure minimum of rights in the arbitral proceedings and run less risk of being surprised by unwelcome peculiarities of local law. International litigation lawyers, arbitrators, and in-house lawyers who are considering arbitrating or mediating in one of the 111 jurisdictions analysed, academics in international ADR, and national government officials dealing with cross-border trade will benefit enormously from this new edition.
Author : Catharine Titi
Publisher : Oxford University Press
ISBN 13 : 0192563009
Total Pages : 400 pages
Book Rating : 4.1/5 (925 download)
Download or read book Mediation in International Commercial and Investment Disputes written by Catharine Titi and published by Oxford University Press. This book was released on 2019-07-30 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.
Author :
Publisher :
ISBN 13 :
Total Pages : 10 pages
Book Rating : 4.:/5 (823 download)
Download or read book Commercial Mediation Rules written by and published by . This book was released on 1988 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Carlos Esplugues
Publisher : Springer
ISBN 13 : 3319181351
Total Pages : 785 pages
Book Rating : 4.3/5 (191 download)
Download or read book New Developments in Civil and Commercial Mediation written by Carlos Esplugues and published by Springer. This book was released on 2015-09-11 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: By means of the analysis of more than 20 national jurisdictions of different legal and geographical origin this book provides a general understanding of the developments that civil and commercial mediation is currently undertaking across the world. The book combines 25 national reports with a General Report analyzing the major trends in civil and commercial mediation worldwide. A number of the key variables that make mediation so effective are studied in depth in the book. The concept of mediation, that varies from country to country. Its legal framework and the branches of public and private law in which it is used. The legal condition of the mediation agreement and its relevant conditions of form and content, the responsibilities of the parties in the event that they violate this agreement and the effects of this agreement on potential recourse to the courts or to arbitration, as well as with regard to pending cases. As well as the role played by the mediator, his or her appointment or designation, legal and ethical responsibilities, and the role of institutions in mediation. As well as the mediation process, its applicable rules and principles and its costs are analyzed on comparative basis. The book also pays special attention to the outcome of mediation. The enforceability of the settlement reached both in domestic and cross-border mediations constitutes a basic element for the success of the institution and is thoroughly studied. This volume constitutes a unique instrument for those interested on mediation, either practitioners, judges or academics.
Author : American Arbitration Association
Publisher :
ISBN 13 :
Total Pages : 13 pages
Book Rating : 4.:/5 (26 download)
Download or read book Commercial Mediation Rules written by American Arbitration Association and published by . This book was released on 1992 with total page 13 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : American Arbitration Association
Publisher :
ISBN 13 :
Total Pages : 10 pages
Book Rating : 4.:/5 (274 download)
Download or read book Commercial Mediation Rules written by American Arbitration Association and published by . This book was released on 1986* with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : British Columbia International Commercial Arbitration Centre
Publisher :
ISBN 13 :
Total Pages : 30 pages
Book Rating : 4.:/5 (1 download)
Download or read book Commercial Mediation Rules of Procedure written by British Columbia International Commercial Arbitration Centre and published by . This book was released on 1992 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : American Arbitration Association
Publisher :
ISBN 13 :
Total Pages : 13 pages
Book Rating : 4.:/5 (83 download)
Download or read book Commercial Mediation Rules written by American Arbitration Association and published by . This book was released on 1995 with total page 13 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : American Arbitration Association
Publisher :
ISBN 13 :
Total Pages : 13 pages
Book Rating : 4.:/5 (274 download)
Download or read book Commercial Mediation Rules written by American Arbitration Association and published by . This book was released on 1990 with total page 13 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Maryam Salehijam
Publisher : Routledge
ISBN 13 : 1000262464
Total Pages : 155 pages
Book Rating : 4.0/5 (2 download)
Download or read book Mediation and Commercial Contract Law written by Maryam Salehijam and published by Routledge. This book was released on 2020-12-10 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.
Author : David Richbell
Publisher : Bloomsbury Publishing
ISBN 13 : 1780436831
Total Pages : 611 pages
Book Rating : 4.7/5 (84 download)
Download or read book How to Master Commercial Mediation written by David Richbell and published by Bloomsbury Publishing. This book was released on 2015-07-02 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Incontrovertibly the most important book on mediation published in English in recent years (possibly EVER?)” Hew Dundas, Former President of the Chartered Institute of Arbitrators “Great attention to detail, bringing together a life time experience! I will certainly be recommending it to people in Ireland who come on my training courses.” Geoffrey Corry, Mediator and Trainer “Put simply, it is a masterpiece.” John Sturrock, Core Solutions Group David Richbell is ranked fifth, internationally, in the top ten “Most Highly Regarded Commercial Mediators" by Who's Who Legal 2014 How to Master Commercial Mediation guides commercial mediators through every stage of their development, from novice to the aspirational standards of the master mediator. Moulding, maturing and mastering Split into three sections, this new title covers the essential skills and processes of effective commercial mediation for three levels of competence: Moulding for novices; Maturing for practising mediators and; Mastering for those who are at the top and wish to maintain their excellence. Section one covers basic skills and process. It includes a case study that covers each phase of a typical mediation, and also covers typical challenges that may be encountered. Section two builds on these basic skills and covers psychology in mediation, specialist sectors, ethics and intercultural mediation. Section three looks at the personal and external development needed for mediators to become experts in their field. It includes contributions from mediators in every European jurisdiction describing the state of mediation in a particular jurisdiction and its place within that respective legal system as well as discussing further intercultural skills. It also looks at skills beyond mediation that can be used to help in dispute resolution. Written by an experienced commercial mediator with specialist contributions from other renowned mediators How to Master Commercial Mediation is filled with expert, practical advice and tips. It also includes bullet point summaries, checklists, scripts of actual commercial mediations together with questions and answers.
Author : American Arbitration Association
Publisher :
ISBN 13 :
Total Pages : 100 pages
Book Rating : 4.:/5 (86 download)
Download or read book Commercial Arbitration Rules and Mediation Procedures written by American Arbitration Association and published by . This book was released on 2013 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Vancouver Centre for Commercial Disputes
Publisher :
ISBN 13 :
Total Pages : 25 pages
Book Rating : 4.:/5 (1 download)
Download or read book Commercial Mediation, Rules of Procedure written by Vancouver Centre for Commercial Disputes and published by . This book was released on 1990 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt:
