Resolving Disputes in the Asia-Pacific Region

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Author :
Publisher : Routledge
ISBN 13 : 1136894365
Total Pages : 163 pages
Book Rating : 4.1/5 (368 download)

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Book Synopsis Resolving Disputes in the Asia-Pacific Region by : Shahla F. Ali

Download or read book Resolving Disputes in the Asia-Pacific Region written by Shahla F. Ali and published by Routledge. This book was released on 2010-10-18 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resolving Disputes in the Asia-Pacific Region presents empirical research about the attitudes and perceptions of the arbitration community in China, Hong Kong, Korea, Japan, Singapore, and Malaysia as well as North America and Europe. The book covers both international commercial arbitration and "alternative" techniques such as mediation, providing an empirical analysis of how both types of dispute resolution are conducted in the East Asian context. The book examines the history and cultural context surrounding preferred methods of dispute resolution in the East Asian region and sheds light on the various approaches to international arbitration across these diverse regions.

Mediation in the Asia-Pacific Region

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Author :
Publisher : Routledge
ISBN 13 : 1134009976
Total Pages : 373 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis Mediation in the Asia-Pacific Region by : Dale Bagshaw

Download or read book Mediation in the Asia-Pacific Region written by Dale Bagshaw and published by Routledge. This book was released on 2009-09-10 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines mediation in connection with peacebuilding in the Asia-Pacific region, providing practical examples which either highlight the weaknesses within certain mediation approaches or demonstrate best-practice. The authors explore the extent to which current ideas and practices of mediation in the Asia-Pacific region are dominated by Western understandings and critically challenge the appropriateness of such thinking. Featuring a range of case studies on Fiji, Vanuatu, Papua New Guinea, Malaysia, Vietnam, China, Singapore, Indonesia, the Philippines and Thailand, this book has three main aims: To challenge dominant Western practices and ways of thinking on mediation that currently are being imposed in the Asia-Pacific region; To develop culturally-fluent and socially just mediation alternatives that build upon local, traditional or religious approaches; To situate mediation within ideas and practices on peacebuilding. Making a unique contribution to peace and conflict studies literature by explicitly linking mediation and peacebuilding practices, this book is a vital text for students and scholars in these fields.

The Law of the Sea in the Asian Pacific Region

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Author :
Publisher : BRILL
ISBN 13 : 9004482202
Total Pages : 294 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Law of the Sea in the Asian Pacific Region by : James Crawford

Download or read book The Law of the Sea in the Asian Pacific Region written by James Crawford and published by BRILL. This book was released on 2021-09-27 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume surveys and discusses the range of current issues arising in the law of the sea from an Asian-Pacific perspective. There have been major developments in the law of the sea in the region: many current controversies (e.g. over archipelagic sealanes passage, drift-net fishing and environmental management) have their origins, or important exemplars, in the region. The contributors include international lawyers, political scientists and government officials with expertise in the region. Particular aspects of the book which are of interest are: (a) its discussion of the perspectives of particular countries in the region (East Asia, Australia, the Pacific Islands); (b) its focus on issues of the marine environment and fisheries, including drift-net fishing; (c) discussion of specific developments which are of general interest (the Torres Strait Treaty and its implementation, maritime-confidence-building measures, dispute resolution); and (d) an overview of issues relating to high seas freedoms, including in particular transit through straits and archipelagoes. There is a concluding essay by the editors summarizing the various trends.

International Arbitration and Mediation

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041126104
Total Pages : 530 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Arbitration and Mediation by : Michael McIlwrath

Download or read book International Arbitration and Mediation written by Michael McIlwrath and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is intended as an easily accessible desktop resource for lawyers who regularly counsel businesses when negotiating international deals, and for those who represent the same clients in achieving a successful resolution when disputes emerge. The text is divided into chapters that follow the life cycle of an international commercial dispute as seen through the eyes of the parties, from when they agree how to resolve disputes in their contracts to the endgame of enforcement. Additionally, the appendices include a number of model submissions for further reference.--Provided by publisher.

Alternative Dispute Resolution

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Author :
Publisher : American Bar Association
ISBN 13 : 9781570738128
Total Pages : 764 pages
Book Rating : 4.7/5 (381 download)

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Book Synopsis Alternative Dispute Resolution by : Nancy F. Atlas

Download or read book Alternative Dispute Resolution written by Nancy F. Atlas and published by American Bar Association. This book was released on 2000 with total page 764 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines various ADR practices, giving you the information you need to evaluate each technique and successfully apply them. Includes numerous checklists, practice tips and sample agreements.

Multi-Tier Approaches to the Resolution of International Disputes

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108490603
Total Pages : 545 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Multi-Tier Approaches to the Resolution of International Disputes by : Anselmo Reyes

Download or read book Multi-Tier Approaches to the Resolution of International Disputes written by Anselmo Reyes and published by Cambridge University Press. This book was released on 2021-12-16 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.

Essays on Mediation

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041183671
Total Pages : 319 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Essays on Mediation by : Ian Macduff

Download or read book Essays on Mediation written by Ian Macduff and published by Kluwer Law International B.V.. This book was released on 2016-09-16 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across a range of jurisdictions, in differing legal systems, mediation is achieving evergreater institutional and statutory force, and what not long ago was a marginal technique for dispute resolution is becoming mainstream and orthodox. But how firm a sense do we have about the social formation we call ‘mediation’? Through reflections and case histories, this distinctive collection of essays by experienced mediators from across the globe provides a clearer understanding than we have had heretofore of what mediation is and what it can offer as a practical, accessible and positive alternative in civil justice systems. The authors each address ways mediation has been or can be applied to dispute resolution in such pressing contexts as the following: • enduring and intense conflicts; • planning and environmental issues; • conflicts arising between refugee and ‘host’ communities; • elder care; • intercultural settings; • online communication; • science-based disputes; and • public policy disputes. The questions raised as to access to justice, identifying unmet needs, improving the provision of services, and fostering an ongoing conversation on mediation go well beyond the confines of commercial dispute resolution and the walls of courtrooms. Through the practical experiences described, useful and insightful perspectives emerge on the practice, principles and legitimacy of mediation. These invaluable reports and reflections on the powerful resources that mediation and mediators can bring to the table will be welcomed by a diversity of legal practitioners and jurists as well as academics.

The Comparative Law Yearbook of International Business

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 940352250X
Total Pages : 236 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Comparative Law Yearbook of International Business by : Christian Campbell

Download or read book The Comparative Law Yearbook of International Business written by Christian Campbell and published by Kluwer Law International B.V.. This book was released on 2020-03-23 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflict avoidance and resolution have always been primary purposes of the law. Satisfaction with judicial processes has declined in many jurisdictions. After the diversion of many disputes from courts to arbitral tribunals, arbitration has now also become a target of intense criticism.This dissatisfaction with binding third party adjudication of disputes coincides with rising tensions among citizens asking basic questions about what they can expect from each other and their governments in a constantly changing world. One response has been the proliferation of processes between disputing parties that are structured and interactive negotiation and assisted by a neutral third party using specialized negotiation and communication techniques. These processes have been labelled “mediation”. While mediation is not focused on the identification and application of legal rights and duties in the way that adjudication is, its success remains dependent on a legal framework which is still evolving in most jurisdictions and especially across borders. In this edition of the Comparative Law Yearbook of International Business, lawyers from nine jurisdictions examine developments relating not only to the framework for cross-border mediation, such as the Singapore Convention or inter-State disputes, or relating to their countries’ overall approaches to regulating this method of dispute resolution, but also relating to specific issues, such as mediator ethics and conflicts of interest, and even exploring the neural science of conflict dynamics.

New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 940352863X
Total Pages : 313 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution by : Shahla Ali

Download or read book New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution written by Shahla Ali and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.

Law in the Service of Human Dignity

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9781139448420
Total Pages : 460 pages
Book Rating : 4.4/5 (484 download)

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Book Synopsis Law in the Service of Human Dignity by : Steve Charnovitz

Download or read book Law in the Service of Human Dignity written by Steve Charnovitz and published by Cambridge University Press. This book was released on 2005-10-27 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: The accelerating pace of international law developments in multiple fora present a challenge for studying, influencing, and predicting these changes. This volume assembles essays from notable jurists, academics, and practitioners from around the world who offer new insights regarding the jurisprudence of world trade law, the changing landscape of investment arbitration, and other vital topics in international adjudication. These essays are assembled in celebration of Justice Florentino Feliciano of The Philippines, who continues to be one of the most inspirational figures in the international law community. This collection will be of special interest to analysts of the World Trade Organization as the contributors include six current or former members of the WTO Appellate Body, as well as several leading trade law commentators. Among the key issues discussed are the WTO environmental cases, trade and human rights, and potential reforms of the WTO dispute system.

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 in International Commercial and Investment Disputes

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192562991
Total Pages : 400 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Mediation in International Commercial and Investment Disputes by : Catharine Titi

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.

Compilation of Laws Relating to Mediation, Conciliation and Arbitration Between Employers and Employees

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Author :
Publisher :
ISBN 13 :
Total Pages : 126 pages
Book Rating : 4.E/5 ( download)

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Book Synopsis Compilation of Laws Relating to Mediation, Conciliation and Arbitration Between Employers and Employees by : United States

Download or read book Compilation of Laws Relating to Mediation, Conciliation and Arbitration Between Employers and Employees written by United States and published by . This book was released on 1972 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Mediation as a Mandatory Pre-condition to Arbitration

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Author :
Publisher : BRILL
ISBN 13 : 9004532544
Total Pages : 271 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Mediation as a Mandatory Pre-condition to Arbitration by : Ana Ubilava

Download or read book Mediation as a Mandatory Pre-condition to Arbitration written by Ana Ubilava and published by BRILL. This book was released on 2022-11-21 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation as a Mandatory Pre-condition to Arbitration debunks common arguments against the compatibility of mandatory investor-state mediation with the ISDS regime. Ana Ubilava pioneers an empirical analysis of over 600 investor-state arbitration cases and a doctrinal study of ISDS clauses in dozens of treaties.

Pacific Coast Gazette

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Author :
Publisher :
ISBN 13 :
Total Pages : 720 pages
Book Rating : 4.:/5 (334 download)

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Book Synopsis Pacific Coast Gazette by :

Download or read book Pacific Coast Gazette written by and published by . This book was released on 1908 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Public Affairs Information Service Bulletin

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Author :
Publisher :
ISBN 13 :
Total Pages : 592 pages
Book Rating : 4.:/5 (334 download)

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Book Synopsis Public Affairs Information Service Bulletin by :

Download or read book Public Affairs Information Service Bulletin written by and published by . This book was released on 1918 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt:

World Arbitration & Mediation Report

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Author :
Publisher :
ISBN 13 :
Total Pages : 704 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis World Arbitration & Mediation Report by :

Download or read book World Arbitration & Mediation Report written by and published by . This book was released on 1998 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: