IT Contracts and Dispute Management

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1784710121
Total Pages : 466 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis IT Contracts and Dispute Management by : Steven Baker

Download or read book IT Contracts and Dispute Management written by Steven Baker and published by Edward Elgar Publishing. This book was released on 2018 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: IT Contracts and Dispute Management addresses the law relating to technology projects and the practical, procedural and legal issues which arise at each stage. The authors draw on extensive personal experience of successfully managing IT project disputes from their initial stage through to resolution through a range of dispute resolution mechanisms. Being the only published work in this area relating to English law, the book will be a valuable resource to lawyers acting in connection with procuring an IT project or advising clients on avoidance and resolution of IT project disputes.

Mediation and Commercial Contract Law

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Author :
Publisher : Routledge
ISBN 13 : 1000262464
Total Pages : 155 pages
Book Rating : 4.0/5 (2 download)

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Book Synopsis Mediation and Commercial Contract Law by : Maryam Salehijam

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.

Regulatory Competition in Contract Law and Dispute Resolution

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1782251219
Total Pages : 524 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Regulatory Competition in Contract Law and Dispute Resolution by : Horst Eidenmüller

Download or read book Regulatory Competition in Contract Law and Dispute Resolution written by Horst Eidenmüller and published by Bloomsbury Publishing. This book was released on 2013-08-01 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many regions of the world and across various fields, law has become a product. Individuals and companies seek attractive legal regulations and countries advertise their legal wares globally as they compete for customers. To analyse this development and to develop policy recommendations with respect to contract law and dispute resolution a conference was held in Munich in October 2011, bringing together leading scholars in the field of contract law and dispute resolution from the US and Europe. This book presents the papers and main comments produced for that conference. The chapters include important papers on, inter alia, law and economic theory, legal transplants, theories of private law, choice of law, the characterisation of contract law and the English and American civil procedural traditions.

Disputes and International Projects

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Author :
Publisher : CRC Press
ISBN 13 : 9789058093264
Total Pages : 456 pages
Book Rating : 4.0/5 (932 download)

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Book Synopsis Disputes and International Projects by : D.G. Carmichael

Download or read book Disputes and International Projects written by D.G. Carmichael and published by CRC Press. This book was released on 2002-01-01 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book focuses on a number of issues to do with contractual disputes – avoidance and resolution – within projects, and provides this in an international context. All disputes cost money and time, without adding value to the project and some disputes appear to be unavoidable. Disputes can however be managed so as to reduce the negative impact that they have and some can even be avoided by adopting appropriate practices in a timely manner. This book covers; Dispute avoidance practices and non-adversarial projects, as well as issues of trust, goodwill and cooperation. A framework for negotiation, and a range of alternative methods of dispute resolution. Case studies, involving single and multiple cultures.

International Dispute Resolution

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Author :
Publisher : Springer
ISBN 13 : 946265252X
Total Pages : 131 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis International Dispute Resolution by : Vesna Lazić

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 131 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

Resolution of Disputes to Avoid Construction Claims

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Author :
Publisher : Transportation Research Board
ISBN 13 : 9780309058582
Total Pages : 52 pages
Book Rating : 4.0/5 (585 download)

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Book Synopsis Resolution of Disputes to Avoid Construction Claims by : Barry B. Bramble

Download or read book Resolution of Disputes to Avoid Construction Claims written by Barry B. Bramble and published by Transportation Research Board. This book was released on 1995 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: This synthesis report will be of interest to transportation agency administrators, including contract administrators; construction, design, claims, and scheduling engineers; project staff and managers; attorneys; and construction contractors. This synthesis describes the state of the practice with respect to procedures used throughout the United States to resolve disputes to avoid construction claims. Fair and timely resolution of contract disputes may help lessen highway construction project administrative costs, benefitting the public, the agency, and the contractor. This report of the Transportation Research Board examines the underlying reasons for contract disputes and identifies methods for dispute avoidance and resolution. It complements the information in NCHRP Synthesis of Highway Practice 105: Construction Contract Claims: Causes and Methods of Settlement, which focused on the causes of disputes. This synthesis further emphasizes finding ways to settle disputes at their inception, before they become formal claims or lawsuits.

Alternative Dispute Resolution

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Author :
Publisher :
ISBN 13 :
Total Pages : 390 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Alternative Dispute Resolution by :

Download or read book Alternative Dispute Resolution written by and published by . This book was released on 2005 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Alternative Dispute Resolution for Government Contracts

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Author :
Publisher : Wolters Kluwer
ISBN 13 : 0808009788
Total Pages : 298 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis Alternative Dispute Resolution for Government Contracts by : Donald P. Arnavas

Download or read book Alternative Dispute Resolution for Government Contracts written by Donald P. Arnavas and published by Wolters Kluwer. This book was released on 2004-01-01 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alternative Dispute Resolution for Government Contracts from CCH is the only resource that provides a comprehensive treatment of ADR in government contracts. It presents a complete discussion of the various ADR procedures together with their advantages and disadvantages, allowing readers to reach an informed decision as to which ADR mode is most suitable for resolution of a specific dispute. Along with covering the Administrative Dispute Resolution Act of 1996, Executive Orders and other applicable regulations are thoroughly discussed. Alternative Dispute Resolution for Government Contracts covers the "hot" areas of ADR, including confidentiality, conflicts of interest, finality of arbitration awards, enforcement of awards and settlement agreements together with all the relevant citations. It will also help you analyze which type of approach is most effective for each of the main ADR processes and the preparation necessary for all members of an ADR team..

Arbitration Clauses for International Contracts - 2nd Edition

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Author :
Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833068
Total Pages : 368 pages
Book Rating : 4.9/5 (338 download)

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Book Synopsis Arbitration Clauses for International Contracts - 2nd Edition by : Paul D. Friedland

Download or read book Arbitration Clauses for International Contracts - 2nd Edition written by Paul D. Friedland and published by Juris Publishing, Inc.. This book was released on 2007-07-01 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book, by a leading international arbitration practitioner, offers suggested language for every option that a drafter of an international arbitration clause may need. Following a succinct assessment of the choice between arbitration and litigation and commentary on the choices among arbitration fora and formats, the author presents an accessible how-to for drafting. While other works offer theory and a smattering of drafting tips, there is no other comprehensive collection of workable language, presented accessibly with easy-to-reference appendices. This book will be a standard reference for both in-house counsel and outside practitioners. This book provides, in an accessible format, clauses that address all the significant issues that contracting parties face, and in any event should consider, when they decide to draft a dispute resolution clause for an international contract. Those who wish immediate access to suggested language may turn directly to the Appendices. Those who wish to understand the analysis that leads to the suggested language should read the text."--Publisher's website.

Construction Conflict Management and Resolution

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Author :
Publisher : Taylor & Francis
ISBN 13 : 9780419181408
Total Pages : 464 pages
Book Rating : 4.1/5 (814 download)

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Book Synopsis Construction Conflict Management and Resolution by : Peter Fenn

Download or read book Construction Conflict Management and Resolution written by Peter Fenn and published by Taylor & Francis. This book was released on 1992 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together over 40 papers presented at the 1992 International Construction Conflict Management & Resolution Conference held in Manchester, UK. Six themes are covered, including alternative dispute resolution, conflict management, claims procedures, litigation and arbitration, international construction, and education and the future. With papers from arbitrators, architects, barristers, civil engineers, chartered surveyors and solicitors, this book represents the first multi-disciplinary body of knowledge on Construction Conflict and will act as a unique source of reference for both legal and construction professionals.

International Contracts and National Economic Regulation:Dispute Resolution Through International Commercial Arbitration

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041198105
Total Pages : 314 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Contracts and National Economic Regulation:Dispute Resolution Through International Commercial Arbitration by : Mahmood Bagheri

Download or read book International Contracts and National Economic Regulation:Dispute Resolution Through International Commercial Arbitration written by Mahmood Bagheri and published by Kluwer Law International B.V.. This book was released on 2000-12-06 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growth of national economic regulation and the process of globalisation increasingly expose international transactions to an array of regulations from different jurisdictions. These developments often contribute to widespread international contractual failures when parties claim the incompatibility of their contractual obligations with regulatory laws. The author challenges conventional means of dispute resolution and argues for an interdisciplinary approach whereby disciplines such as international economic law, conflict of laws, contract law and economic regulations are functionally united to resolve international and multifaceted regulatory disputes. He identifies the normative foundation of contract law as an important determinant in this process, contending that contract law is essentially neutral and underpinned by the concept of corrective justice, while economic regulations are mainly prompted by distributive justice. Applying this corrective/distributive justice dichotomy to international contracts, the author critically assesses major conflict of laws approaches such as `proper law', `the Rome Convention' and `governmental interest analysis', which could disregard either public interest or private rights. The author, taking these theories into account, proposes an alternative two-dimensional interest analysis approach. He tests the viability of this approach with reference to arbitral awards and court decisions in various jurisdictions and concludes that it uniquely fits into the structure of international commercial arbitration. In adopting this approach arbitrators would take into account both corrective and distributive justice, and to the extent that corrective justice prevails, would be able to avert a total failure of the contract.

Contract Dispute Resolution

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Author :
Publisher :
ISBN 13 : 9780314195548
Total Pages : 142 pages
Book Rating : 4.1/5 (955 download)

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Book Synopsis Contract Dispute Resolution by : Aspatore Books

Download or read book Contract Dispute Resolution written by Aspatore Books and published by . This book was released on 2008 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contract Dispute Resolution is an authoritative, insider's perspective on best practices for utilizing ADR to resolve contractual disputes. Featuring partners and chairs from some of the nation's leading law firms, these experts guide the reader through the commonly-disputed contractual issues in a variety of industries, including construction, employment, real property, and cross-border transactions, and describe the most successful methods of resolving these types of disputes. These top lawyers give tips on structuring contract language, establishing procedural rules for the alternative dispute resolution process, choosing the right form of ADR, and preparing presentations. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to success within this complex area of law.

Dispute Resolution and Conflict Management in Construction

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Author :
Publisher : Routledge
ISBN 13 : 1135807531
Total Pages : 571 pages
Book Rating : 4.1/5 (358 download)

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Book Synopsis Dispute Resolution and Conflict Management in Construction by : Edward Davies

Download or read book Dispute Resolution and Conflict Management in Construction written by Edward Davies and published by Routledge. This book was released on 2005-10-05 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many construction conflicts and disputes are not limited to particular jurisdictions or cultures, but are increasingly becoming common across the industry worldwide. This book is an invaluable guide to international construction law, written by a team of experts and focusing on the following national systems: Australia, Canada, China, England and Wales, Estonia, Hong Kong, Iraq, Ireland, Italy, Japan, Malaysia, the Netherlands, Oman, Portugal, Quebec, Romania, Scotland, Sweden, Switzerland, and the USA. The book provides a consistent and rigorous analysis of each national system as well as the necessary tools for managing conflict and resolving disputes on construction projects.

Mediation and Commercial Contract Law

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Author :
Publisher : Routledge
ISBN 13 : 1000262367
Total Pages : 218 pages
Book Rating : 4.0/5 (2 download)

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Book Synopsis Mediation and Commercial Contract Law by : Maryam Salehijam

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 218 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.

Construction Disputes

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Author :
Publisher : Wolters Kluwer
ISBN 13 : 9780735530089
Total Pages : 522 pages
Book Rating : 4.5/5 (3 download)

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Book Synopsis Construction Disputes by : Thomas J. Kelleher

Download or read book Construction Disputes written by Thomas J. Kelleher and published by Wolters Kluwer. This book was released on 2002-01-01 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: All areas of construction litigation are covered in this two-volume set, starting with case analysis, pretrial activities, and special forum issues. The authors continue with an in-depth discussion of the difficult presentation issues for delay and acceleration claims, lost productivity claims, and establishing damages. The final section of the text covers trial and other issues, including direct and cross-examination, appeals, and settlement and releases. Practical examples of, and checklists for, the drafting of many of the key documents used in construction litigation are also included.

The Freshfields Guide to Arbitration Clauses in International Contracts

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 904113400X
Total Pages : 194 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Freshfields Guide to Arbitration Clauses in International Contracts by : Jan Paulsson

Download or read book The Freshfields Guide to Arbitration Clauses in International Contracts written by Jan Paulsson and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: With this newly updated edition of the Freshfields Guide to Arbitration Clauses in International Contracts - still in the concise, attractive format that made the original so popular - lawyers and business people will confidently negotiate contracts that ensure a speedy, clear-cut resolution of any dispute likely to arise. Taking into account the many significant developments in the law and practice of international arbitration that have occurred over the years since the previous editions, it offers: ; clear, uncomplicated contract-drafting advice, derived from the authors' wide-ranging practical experience; model clauses that ensure the effectiveness of dispute resolution provisions - and avoid pitfalls, and important reference materials.

The Appropriate Use of Alternative Dispute Resolution Techniques to Resolve Contract Disputes

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Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (457 download)

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Book Synopsis The Appropriate Use of Alternative Dispute Resolution Techniques to Resolve Contract Disputes by : Joseph M. McDade

Download or read book The Appropriate Use of Alternative Dispute Resolution Techniques to Resolve Contract Disputes written by Joseph M. McDade and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: