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Alternative Dispute Resolution And The Maritime Industry
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Book Synopsis A History of Alternative Dispute Resolution by : Jerome T. Barrett
Download or read book A History of Alternative Dispute Resolution written by Jerome T. Barrett and published by John Wiley & Sons. This book was released on 2004-10-19 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: A History of Alternative Dispute Resolution offers a comprehensive review of the various types of peaceful practices for resolving conflicts. Written by Jerome Barrett—a longtime practitioner, innovator, and leading historian in the field of ADR—and his son Joseph Barrett, this volume traces the evolution of the ADR process and offers an overview of the precursors to ADR, including negotiation, arbitration, and mediation. The authors explore the colorful beginnings of ADR using illustrative examples from prehistoric Shaman through the European Law Merchant. In addition, the book offers the historical context for the use of ADR in the arenas of diplomacy and business.
Book Synopsis Alternative Dispute Resolution in a Nutshell by : Jacqueline M. Nolan-Haley
Download or read book Alternative Dispute Resolution in a Nutshell written by Jacqueline M. Nolan-Haley and published by West Academic Publishing. This book was released on 2001 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Second Edition of Alternative Dispute Resolution in a Nutshell brings readers recent information on developments in the field of ADR. In recent years, ADR has undergone extraordinary growth with a significant increase in federal and state legislation, court rules, and professional and ethical standards. The Second Edition informs readers of these developments, provides an expanded bibliography at the end of each chapter, and contains several new appendices including the Revised Uniform Arbitration Act.
Book Synopsis Alternative Dispute Resolution by : Albert Fiadjoe
Download or read book Alternative Dispute Resolution written by Albert Fiadjoe and published by Routledge. This book was released on 2013-03-04 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights the tremendous shift in the traditional arrangements for the delivery of civil justice in the Commonwealth Caribbean, from litigation to alternative dispute resolution (ADR) processes. Over the last quarter of a century, much learning has taken place on the topic of ADR and the literature on the subject is now voluminous. This book puts forward the thesis that the peculiar experiences of the developing world ought to help reshape our traditional notions of ADR. Furthermore, the impact of globalisation on the developing world has brought with it special and peculiar challenges to our notions of civil and criminal justice which are not replicated elsewhere. This book will appeal to a wide readership. The legal profession, students of law and politics, social scientists, mediators, the police, state officers and the public at large will find its contents of interest.
Book Synopsis A Handbook of Dispute Resolution by : Karl J Mackie
Download or read book A Handbook of Dispute Resolution written by Karl J Mackie and published by Routledge. This book was released on 2013-01-11 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Handbook of Dispute Resolution examines the theoretical and practical developments that are transforming the practice of lawyers and other professionals engaged in settling disputes, grievance-handling and litigation. The book explains what distinguishes ADR from other forms of dispute resolution and examines the role ADR can play in a range of contexts where litigation would once have been the only option, such as family law and company law. In some areas, like industrial relations, ADR is not an alternative, but the main method of conflict-intervention, and several contributors draw on their experience of negotiating between management and unions. A wide variety of methods is open to the non-litigious, including resort to Ombudsmen, negotiation, small claims courts and mini-trials; these and other options receive detailed attention. Given the newness of ADR as a discipline, questions about the training of mediators and about the role of central government have not yet been resolved. The final section of the book is devoted to discussion of these issues. Case studies are drawn from the international arena - examples from China, Canada, Australia, Germany and North America place ADR in a cultural and historical perspective.
Book Synopsis Alternative Dispute Resolution (ADR) by : Ozonnia M. Ojielo
Download or read book Alternative Dispute Resolution (ADR) written by Ozonnia M. Ojielo and published by . This book was released on 2001 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Theory, Law and Practice of Maritime Arbitration by : Eva Litina
Download or read book Theory, Law and Practice of Maritime Arbitration written by Eva Litina and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Theory, Law and Practice of Maritime Arbitration The Case of International Contracts for the Carriage of Goods by Sea Eva Litina It is estimated that over 80% of global trade by volume is carried by sea, making maritime transport a cornerstone of the global economy. Most disputes in the shipping industry are settled by distinctive, private arbitral proceedings that are best understood by a close examination of the standard form contracts that are used in practice and of the case law arising therefrom. Extrapolating insightfully from these sources, the author of this book examines in depth the phenomenon of maritime arbitration with a specific focus on contracts for the carriage of goods by sea. She offers the first comprehensive and comparative analysis of arbitral practice in the three jurisdictions where the most frequently selected maritime arbitral seats are located: London, New York, and Singapore. An analysis of the applicable rules and relevant case law in each jurisdiction provides the basis from which a comparative assessment of maritime arbitral seats is achieved. The book addresses the following key aspects of maritime arbitration: maritime arbitration’s definition, origins, theoretical underpinnings, socioeconomic context, and significance; the maritime-specific reasons for wide use of ad hoc versus institutional arbitration; the international instruments governing arbitration in contracts for the carriage of goods by sea; the shipping industry’s pursuit of self-regulation via standard form contracts; the arbitration agreement contained in standard form charterparties and bills of lading; maritime arbitration’s unique approach to judicial review, confidentiality, and arbitrator impartiality; the specific dispute resolution objectives that compel a comparative assessment of maritime arbitral seats; and the future of maritime arbitration in light of international political, financial, and technological developments. In addition to the three main maritime arbitral seats, the analysis touches on maritime arbitration in other relevant jurisdictions, such as Hong Kong, Greece, Japan, and Korea, thus affording a comparison of the process in common and civil law jurisdictions. The book concludes by considering the potential impact of the current international political landscape, and suggesting future perspectives and research in international maritime arbitration. An important addition to scholarship in this field of law, the book’s thorough assessment of the merits of the competing maritime arbitral seats—and its specific focus on maritime disputes—will prove of significant importance to arbitrators, law firms, in-house counsel of shipping companies, international organizations, and arbitration institutions and associations. Practitioners will discover all tools necessary to examine any case before the main maritime arbitral seats with full awareness of each applicable legal regime and its distinguishing features.
Book Synopsis Law and Practice of Arbitration - Fifth Edition by : Thomas E. Carbonneau
Download or read book Law and Practice of Arbitration - Fifth Edition written by Thomas E. Carbonneau and published by Juris Publishing, Inc.. This book was released on 2014-02-01 with total page 731 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law and Practice of Arbitration is a comprehensive treatise about the development and practice of arbitration law in the United States. It addresses in detail the recourse to arbitration in domestic matters -- employment, labor, consumer transactions, and business -- and its use in the resolution of international commercial claims. It covers all of the major subject areas in the field and provides practical advice as well as an easy-to-read, clear discussion of the relevant case law. It represents a masterful synthesis of the entire body of arbitration law. It discusses basic concepts and doctrines, the FAA, freedom of contract in arbitration, arbitrability, the enforcement of awards, the use of arbitration in consumer and employment matters, institutional arbitration, and the drafting of arbitration agreements. It speaks of the federalization of the law and growing judicial objections to the use of adhesionary arbitration agreements in the consumer context, The volume represents the author's continuing in-depth reflection on the practical and systemic consequences of United States Supreme Court's decisional law on arbitration -- a process that is instrumental to the operation of the United States legal system as well as international business. The work continues its tradition of being the best statement on U.S. arbitration law and practice. The Law and Practice of Arbitration is a handy reference for all who have an interest in arbitration law and practice. The new Fifth Edition of Carbonneau’s treatise is built upon a comprehensive update of the federal circuit and U.S. Supreme Court cases on arbitration. The Introduction has been rewritten to take into account AT & T Mobility v. Concepcion and the American Express Merchants’ Litigation in the development of U.S. arbitration law. These decisions represent landmark USSC pronouncements on adhesive arbitration. The Introduction also contains a new section on the foundational legitimacy of arbitration in the U.S. legal system. The two landmark decisions are also incorporated into the text of Chapter 8 on the topic of adhesive arbitration. Chapter 9 on the award enforcement assesses the standing of Stolt-Nielsen in light of the Court’s recent decision in Sutter, asking whether this re-evaluation might be a de facto reversal of the earlier and highly unusual opinion. The assessment takes into account Justice Alito’s concurring opinion in Sutter. Chapter 10 on International Commercial Arbitration has undergone substantial rewriting and makes its various points more lucidly and effectively. This is also true of chapters 2, 3, and 5. Many footnotes have been perfected in form and content. The per curiam opinions---KPMG LLP v. Cocchi, Marmet Health Care v. Brown, and Nitro-Lift v. Howard---are all integrated into the text and fully assessed. The USSC’s decision in CompuCredit v. Greenwood is evaluated for its significance on the issue of Congressional intent to preclude arbitration. There are updates on how the courts define arbitration, the waiver of the right to arbitrate (in particular, the Ninth Circuit opinion in Richards v. Ernst & Young), the enforcement of arbitration agreement, with emphasis upon the curious Third Circuit decision on the matter in Guidotti, the latest adherents to the ill-conceived RUAA, the Ninth Circuit’s favorable response to AT&T Mobilty in Mortensen and Murphy, and an assessment of recent developments on the judicial imposition of penalties for frivolous vacatur actions. The treatise continues to be a highly contemporary and complete statement on the law of arbitration.
Book Synopsis Essentials of Alternative Dispute Resolution by : Susan Patterson
Download or read book Essentials of Alternative Dispute Resolution written by Susan Patterson and published by Prentice Hall. This book was released on 2001 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using step-by-step walkthroughs and case studies of typical ADR sessions--negotiation, mediation, arbitration--this book provides readers with a broad understanding of ADR, along with important background information, historical perspectives and "tricks of the trade" in this fast-growing field. It covers each ADR method, how it works, when and where it can be used, its advantages and disadvantages, and its relationship to litigation. Includes comparative/descriptive charts. Negotiation. Mediation. Mediation Law and Policy. Arbitration. Strategies for Settlement. Application of ADR to Specific Disputes. The Role of the Paralegal in ADR. For Paralegals.
Book Synopsis Alternative Disputes Resolution in Nigeria by : Derri, Damfebo Kieriseiye
Download or read book Alternative Disputes Resolution in Nigeria written by Derri, Damfebo Kieriseiye and published by Malthouse Press. This book was released on 2016-04-30 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Broad aspects of Alternative Disputes Resolution (ADR)and Arbitration are covered in this book, with emphasis on the application of ADR to specific areas. It describes in very succinct manner the meaning of ADR, analyses conflict under ADR models, their advantages over courtroom litigation and why it should be embraced. Chapter 5 is a particularly notable contribution to the body of knowledge, where the author demonstrates how it can be used to resolve matters in the heart of society, commercial and political disputes such as investment and election disputes. The book is not only a handy textbook for use by teachers and students, but should also meet the increasing needs of practising lawyers, judges, other professionals and corporate practitioners, oil and banking industries, the trades unions and state agencies concerned with mediation, conciliation and arbitration.
Book Synopsis A Practical Approach to Alternative Dispute Resolution by : Susan Blake
Download or read book A Practical Approach to Alternative Dispute Resolution written by Susan Blake and published by Oxford University Press, USA. This book was released on 2012-08-16 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Practical Approach to Alternative Dispute Resolution will appeal to law students and practitioners looking for a book that deals with the full range of ADR processes. This comprehensive book covers the core topics on the dispute resolution module for the BPTC. Its practical focus highlights the key processes and procedures for each topic.
Book Synopsis Construction Arbitration and Alternative Dispute Resolution by : Renato Nazzini
Download or read book Construction Arbitration and Alternative Dispute Resolution written by Renato Nazzini and published by Taylor & Francis. This book was released on 2021-10-21 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides comprehensive, rigorous and up-to-date coverage of key issues that have emerged in the first quarter of the 21st Century in transnational construction arbitration and alternative dispute resolution (ADR). Covering four general themes, this book discusses: the increasing internationalisation of dispute resolution in construction law; the increasing reliance on technology in the management of construction projects and construction arbitration/ADR; the increasing prominence of collaborative contracting in construction and infrastructure projects; the increasing importance of contractual adjudication such as dispute boards in construction and infrastructure projects; the increasing prevalence of statutory adjudication mechanisms across the world; and the greater incidence of investment disputes and disputes against States and State entities over construction and infrastructure concessions and agreements. Tapping on their substantial expertise in practice and in research, the contributor team of senior practitioners and academics in the area of construction law and dispute resolution provide readers with information that balances an intellectually rigorous academic contribution against the backdrop of real concerns raised in practice. Construction Arbitration and Alternative Dispute Resolution is an invaluable resource for practitioners in the field, academics in arbitration and construction law, and post-graduate students in construction law and dispute resolution.
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
Book Synopsis Alternative Dispute Resolution System by : Dr. Ashok Kumar
Download or read book Alternative Dispute Resolution System written by Dr. Ashok Kumar and published by K.K. Publications. This book was released on 2021-09-09 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: ALTERNATIVE DISPUTE RESOLUTION SYSTEM Global And National Perspective The book provides suitable and codified materials and information regarding the Alternative Dispute Resolution System. The whole book is divided into two parts and twenty chapters. Part one is related to the International ADR and part two is concerned with the National ADR. Chapter one is concerned with the Origin and Historical Development of ADR. Chapter two is related to the ADR in the United Kingdom. Chapter three provides the ADR in the USA. Chapter four is related to ADR in Hong Kong. Chapter five is concerned with the ADR in Canada. Chapter six describes the ADR in New Zealand. Chapter seven provides the ADR in Hungary. Chapter eight gives a brief history of ADR in the Philippines. Chapter nine is concerned with ADR in Pakistan. Chapter ten is related to the ADR in China. Chapter eleven is concerned to Netherland. Chapter twelve is related to ADR in Japan. Chapter thirteen is related to the Nature and Historical Development of ADRS in India. Chapter fourteen is related to the factors responsible for ADRs. Chapter fifteen is concerned with the Techniques of the ADRs. Chapter sixteen is related to the Indian Statutes and ADR. Chapter seventeen is designated as NyayaPanchayat and Gram Nayalaya. Chapter eighteen is related to the Arbitration and Conciliation Act, 1996. Chapter nineteen is related to the Innovative Trends of Justice and ADR. Chapter twenty is concerned with litigation policy and some valuable suggestions are given or mentioned. Chapter twenty-one is related to some Important International and National ADR Rules. The language of the book is easy and the same will be useful to the students.
Book Synopsis Mediation in the Construction Industry by : Penny Brooker
Download or read book Mediation in the Construction Industry written by Penny Brooker and published by Routledge. This book was released on 2010-07-19 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: The application of construction dispute procedures has changed dramatically in the last decade. This has resulted in an increased use of Alternative Dispute Resolution in many countries, and mediation in particular. Construction is one of the major industries using mediation, in the UK and in many other countries such as the US, China, Australia and New Zealand. This expansion in mediation has been helped by encouragement from governments, although it takes diverse forms in different legal jurisdictions, for example: court rules to encourage this use (as in the US and UK); the courts’ own mediation schemes or programmes, or legislation-backed programmes; or the use of industry driven mediation clauses in standard form contracts. These developments have taken place extremely rapidly. They represent significant changes to the legal environment within which the international construction industry conducts its business but, to date, there has been little research on their impact. All these initiatives have inevitably led to a developing legal jurisprudence concerned with the validity of contract clauses or with providing statutory interpretation of the rules requiring or governing practice. This has important consequences for the construction industry because legal uncertainty increases the likelihood of dispute, which is not only costly for the disputants but can be damaging to national and global economies. This book identifies the emerging international practices within construction mediation, and seeks solutions to the many legal and commercial challenges which they pose. It presents an international collection of reviews by experts, and allows a comparative commentary on the practice of construction mediation and the legal challenges facing its development.
Book Synopsis International Arbitration in the Energy Sector by : Maxi Scherer
Download or read book International Arbitration in the Energy Sector written by Maxi Scherer and published by Oxford University Press. This book was released on 2018-02-22 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disputes in the energy and natural resources sector are at the heart of international arbitration. With more arbitrations arising in the international energy sector than in any other sector, it is not surprising that the highest valued awards in the history of arbitration come from energy-related arbitrations. Energy disputes often involve complex and controversial issues relating to security, sovereignty, and public welfare. International Arbitration in the Energy Sector puts international energy disputes into a global context, providing broad coverage of different forms and systems of dispute resolution across both renewable and non-renewable sectors. With contributions from leading arbitrators, academics, and industry experts from across the globe, the twenty chapters in the book enable readers to compare the approaches to, and learnings from, energy arbitrations across various legal systems and geographic regions. After outlining the international energy arbitration legal framework in Part I, the text delves into a detailed analysis of the problems which regularly arise in practice. These include, among other things, commercial disputes in Part II (e.g. over the upstream oil sector and long-term gas supply contracts), investor-state disputes in Part III (e.g. under the Energy Charter Treaty), and public international law disputes in Part IV (e.g. concerning international boundaries and the distribution of natural resources). Alongside recent developments in the international energy sector, attention is given to climate and sustainable development disputes, which raise important questions about enforcing sustainability objectives on individuals, corporations, and states. Backed by analyses of arbitral awards, national court and international tribunal decisions, treaties, and other international legal instruments, as well as current events and news in the energy industry, this text offers a unique contribution to international energy literature and provides insightful commentary on the prevalent issues in the field. It is essential reading for any practitioner or researcher in the energy and natural resources sector.
Book Synopsis US Federal Maritime Commission Handbook - Strategic Information, Regulations, Contacts by : IBP, Inc.
Download or read book US Federal Maritime Commission Handbook - Strategic Information, Regulations, Contacts written by IBP, Inc. and published by Lulu.com. This book was released on 2016-08-30 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2011 Updated Reprint. Updated Annually. US Federal Maritime Commission Handbook
Book Synopsis Alternative Dispute Resolution and Peace-building in Africa by : Ernest E. Uwazie
Download or read book Alternative Dispute Resolution and Peace-building in Africa written by Ernest E. Uwazie and published by Cambridge Scholars Publishing. This book was released on 2014-06-26 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflicts in Africa have a great deal in common, and striking parallels can be drawn between them at all levels. Dynamics affecting the most complex war-time conflicts, civil unrest and other macro disputes are in play even in the smallest community conflicts. The converse is also true: lessons learned through community mediation, for example in South Africa, are applicable to the most complex and largest conflicts to be found on the continent. Together, the eleven chapters in this publication, in addition to the prologue and epilogue, suggest that a comprehensive assessment of efforts and investments in conflict resolution and peace studies in Africa since the mid-1990s is due in order to identify lessons and challenges, as well as best practices. Just as conflict dynamics are comparable between African conflicts, whether large or small, local or international, so are alternative dispute resolution processes. Effective approaches to resolving large-scale conflicts and civil wars are effective at the community level, and ineffectual techniques at the community level are just as likely to be counter-productive in mediating international disputes. While there may be some differences in mediating macro- and micro-conflicts (such as the time required, the need for negotiation teams, and the complexities of agenda development or pre-negotiations), as far as the mediation process is concerned, the differences are more like variations on a theme than real substantive dissimilarities. This volume provides case studies of programs and policies, and legislations on alternative dispute resolution and peace building, and examines and proposes some new, promising ideas for conflict prevention, as well as maintenance of peace, justice and security in Africa.
