Download or read book AAA Yearbook on Arbitration and the Law 26th Edition written by Stephen K. Huber and published by Juris Publishing, Inc.. This book was released on 2014-09-01 with total page 573 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades, the AAA Yearbook on Arbitration & the Law has served as an outstanding source of guidance on legal developments in the field of Alternative Dispute Resolution. In light of that history, the subject matter covered by this 26th edition is remarkable in the extent that it reflects continued and significant breadth in terms of the ADR issues explored. The continued expansion in the use of ADR for increasingly diverse types of disputes has raised important legal and policy questions, the magnitude of which is perhaps most clearly illustrated by the number of arbitration-related cases the Supreme Court of the United States takes up for review. Those matters are considered here, as are other contemporary ADR-related developments such as class action arbitrations and the enforceability of class action waivers. At the same time, the AAA Yearbook details cases that address what are historically some of the most frequently litigated and recurring issues. For example, courts are commonly presented with arbitrability disputes, the related issue of the allocation of authority among arbitrators and the courts, and questions regarding preemption of the Federal Arbitration Act over a state’s arbitration law. Despite decades of court decisions addressing those matters, courts continue to address still-evolving theories and differing fact patterns that can provide further direction and evolution in the law. The thorough coverage in the AAA Yearbook of these matters, in addition to many others, will serve as a valuable source of information to practitioners, academics, arbitrators, and those with an interest in ADR.
Download or read book AAA Yearbook on Arbitration and the Law 23rd Edition written by Stephen K. Huber and published by Juris Publishing, Inc.. This book was released on 2011-08-01 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: For this work, editors Stephen K. Huber and Ben H. Sheppard, Jr. and the University of Houston Law Center collaborate with the American Arbitration Association (AAA), to revive the tradition of publishing an annual survey of important developments in arbitration and the law. Initially published as the "AAA General Counsel's Annual Report" and later as "ADR & the Law," the annual survey has not been published since 2007. The Yearbook will once again be produced on an annual basis. The AAA Yearbook on Arbitration and the Law provides arbitrators and busy practitioners a practical, relevant and readily accessible resource, organized into two parts: Part One contains digests of important decisions of the United States Supreme Court, the United States Court of Appeals and state supreme courts. This volume includes digests of selected judicial decisions from 2007 through 2009, and is current through October 1, 2010. The book contains 130 case digests, together with citations and descriptive cross-references to more than 400 related decisions. Recognizing the important role of arbitration in the global economy, there is a separate chapter containing digests and cross-references to cases dealing with the unique issues presented in international arbitrations. Part Two consists of articles that address a wide range of timely and important arbitration topics, including a comprehensive report on the extraordinary range of services that the AAA provides and a detailed overview of the international activities of the AAA/ICDR, including a report on the successful implementation of the ICDR's pre-arbitral emergency arbitrator procedure, the first such procedure to be adopted by any arbitral institution as a standard part of its rules. Other articles address some of the hottest topics in domestic and international arbitration, such as a survey on the status of "manifest disregard of the law" as a basis to vacate an arbitral award; arbitral cost allocation decisions and whether guidelines should accompany arbitral discretion; a tenth anniversary reflection on experience under The Revised Uniform Arbitration Act; problems posed by arbitrator disclosure and implications of a duty to investigate; whether a private international arbitration falls within "foreign or international" tribunal under 28 U.S.C. Section 1782; and several timely practice pointers for parties seeking discovery in aid of arbitration. The AAA Yearbook re-establishes itself as the preeminent annual yearbook on Arbitration and Dispute Resolution in the United States. It is a required and necessary reference work for all who wish to stay on top of the latest trends, developments , cases and guidelines – accompanied by expert commentary and analysis – in Arbitration and Dispute Resolution.
Download or read book AAA Yearbook on Arbitration and the Law 24th Edition written by Ben H. Sheppard, Jr and published by Juris Publishing, Inc.. This book was released on 2012-09-01 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Editors and the University of Houston Law Center are honored to collaborate with the American Arbitration Association (AAA) and its international division, the International Centre for Dispute Resolution (ICDR), to continue the tradition of publishing an annual survey of important developments in arbitration and the law. The AAA Yearbook on Arbitration and the Law provides arbitrators and busy practitioners a practical, relevant and readily accessible resource. The 24th Edition is organized into three parts: Part One contains digests of important decisions of the United States Supreme Court, the United States courts of appeals and state supreme courts. This volume includes digests of selected judicial decisions from 2007 through 2010, and is current through October 1, 2011. The book contains 176 case digests, together with citations and descriptive cross-references to more than 690 related decisions. We have arranged the case digests under the stages of the entire arbitration process - from the formation of the arbitration agreement to the challenge or enforcement of the arbitral award. Recognizing the important role of arbitration in the global economy, there is a separate chapter containing digests and cross-references to cases dealing with the unique issues presented in international arbitrations. Part Two, an entirely new feature, contains 100 digests of judicial opinions since January 2000 that discuss AAA arbitration rules. For ease of reference the cases are arranged in alphabetical order and are listed by the types of AAA Rules - Commercial, Construction, Employment and International - and by individual rule under each category. Thus the reader can quickly identify all the judicial decisions that discuss a particular AAA rule. Part Three includes selected articles addressing some of the hottest topics in domestic and international arbitration. The AAA Yearbook is the preeminent annual yearbook on Arbitration and Dispute Resolution in the United States. It is a required and necessary reference work for all who wish to stay on top of the latest trends, developments , cases and guidelines - accompanied by expert commentary and analysis - in Arbitration and Dispute Resolution.
Download or read book Justice Without Law written by Jerold S. Auerbach and published by Oxford University Press, USA. This book was released on 1984 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of various types of litigation - arbitration, mediation, and conciliation.
Download or read book Yearbook Commercial Arbitration Volume XXXV 2012 written by Albert Jan Van Den Berg and published by Kluwer Law International B.V.. This book was released on 2012-12-01 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community with reporting on arbitral awards and court decisions applying the leading arbitration conventions, as well as on arbitration legislation and rules. Volume XXXVII (2012) includes: excerpts of arbitral awards made under the auspices of the International Chamber of Commerce (ICC); notes on new and amended arbitration rules, including references to their online publication; notes on recent developments in arbitration law and practice in Colombia, Finland, Hungary, India, Lithuania, Montenegro, Portugal, Singapore, South Sudan, Tajikistan, Turkey and Venezuela; excerpts of 82 court decisions applying the 1958 New York Convention from 22 countries – including for the first time, cases from Bosnia and Herzegovina, Guatemala and Uruguay – all indexed by subject matter and linked to the General Editor’s published commentaries on the New York Convention; an extensive Bibliography of recent books and journals on arbitration. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world’s leading organization representing practitioners and academics in the field, with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.
Download or read book Czech and Central European Yearbook of Arbitration 2012 Party Autonomy versus Autonomy of Arbitrators written by Alexander J. Bělohlávek and published by Juris Publishing, Inc.. This book was released on 2012-04-01 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the first volume of the Czech (& Central European) Yearbook of Arbitration (CYArb), the second volume of CYArb thematically concurs that the points of friction between arbitration, as an alternative dispute resolution mechanism are the freedom parties have in setting up the methods and mechanisms for the dispute settlement, and the state organized court proceedings with its obligatory jurisdiction and strict rules. The state organized court proceedings guarantee the firm borders and equality of means regarding the protection of the fundamental rights of the parties during the proceedings. The primary focus of CYArb is the issue of autonomy throughout the arbitration process. The principle of autonomy represents the backbone of arbitration as the ADR mechanism. It provides to the parties the necessary freedom to stipulate the adequate method for the solution of the dispute. On the other hand, the autonomous approach of the parties creates an informal relationship among the subjects involved in dispute resolution. The informality provides room for the autonomy of the arbitrators or that of the arbitral tribunal, be it in ad hoc or institutional proceedings on how to advance the dispute. The CYArb project aims to highlight the (potential) pitfalls of each of the categories of the autonomous parties present during the various types of arbitral proceedings in order to analyze the role of autonomy as a leading principle in the ADR mechanisms in its mutual interaction. The topic therefore provides a wide spectrum of interesting issues to be addressed from the practice and academic points of view, particularly with regard to the comparison of the specific national and international approaches of the permanent arbitral courts. The project concept and editors are drawn from Czech Yearbook of International Law – CYIL. The ideological similarity between CYIL and CYArb is primarily reflected in its concept. The third volume of CYIL is in preparation and will be published by JURIS. The CYArb annual volume will be published exclusively in English with abstracts of the articles provided in Czech/Slovak, French, German, Polish, Russian and Spanish. The website dedicated to the project, www.czechyearbook.org is operational in a total of 16 languages. A vital part of the project is the cooperation with leading figures and institutes in the field. In the Czech Republic, endeavor has the cooperation of the particular departments of the following institutions: – University of West Bohemia in Pilsen, Faculty of Law, Department of International Law & Department of Constitutional Law – Masaryk University in Brno, Faculty of Law, Department of International and European Law – VŠB – TU Ostrava, Faculty of Economics, Department of Law – Institute of State and Law, Academy of Sciences of the Czech Republic In the Slovak Republic: – Pavol Jozef Šafárik University in Košice, Faculty of Law, Department of Commercial Law Non-academic institutions participating in the CYArb Project: – International Arbitral Centre of the Austrian Federal Economic Chamber, Vienna. – Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania, Bucharest. – Arbitration Court attached to the Hungarian Chamber of Commerce and Industry, Budapest – Arbitration Court attached to the Economic Chamberof the Czech Republic and Agricultural Chamber of the Czech Republic, Prague – Arbitration Court attached to the Czech-Moravian Commodity Exchange Kladno (Czech Republic) – ICC National Committee Czech Republic – The Court of Arbitration at the Polish Chamber of Commerce in Warsaw
Download or read book Yearbook Commercial Arbitration Volume XLI 2016 written by and published by Kluwer Law International B.V.. This book was released on 2016-12-23 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community with reporting on arbitral awards and court decisions applying the leading arbitration conventions, as well as on arbitration legislation and rules. What's in this book: Volume XLI (2016) includes: • excerpts of arbitral awards made under the auspices of the International Chamber of Commerce (ICC), the Milan Chamber of Arbitration (CAM) and the Paris International Arbitration Chamber (CAIP); • notes on new and amended arbitration rules, including references to their online publication; • notes on recent developments in arbitration law and practice in Argentina, British Virgin Islands, Ecuador, Greece, India, Iraq, Myanmar, Peru, Poland, the Russian Federation, Serbia, the United Arab Emirates and Vietnam; • excerpts of 96 court decisions applying the 1958 New York Convention from 27 countries – including, for the first time, cases from Armenia and the Dominican Republic – all indexed by subject matter and linked to the General Editor’s published commentaries on the New York Convention; • excerpts from other court decisions of interest to the practice of international arbitration; • an extensive Bibliography of recent books and journals on arbitration. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world’s leading organization representing practitioners and academics in the field, with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.
Download or read book Asian Yearbook of International Law Volume 26 2020 written by and published by BRILL. This book was released on 2023-01-23 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and international relations.
Download or read book Class and Group Actions in Arbitration written by Bernard Hanotiau and published by Kluwer Law International B.V.. This book was released on 2016-09-23 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Several decades ago, a typical arbitration would involve one claimant against one respondent. Over the years, more and more cases involve several claimants against several respondents. Today, one third of all international ICC arbitrations seem to involve multiparty cases, multi-contract cases involving multiple contracts, multiple parties. The evolution has continued and the debate today is whether it would be possible for a class of people in the same situation or a group of citizens having the same interest to start one single arbitration procedure as a group or as a class. This publication examines the complex issues involved in class or group arbitration on a comparative law basis. Is there a place for such proceedings within the framework of the arbitration process? Class action procedures, as developed in the United States court system and more recently in Canada, are almost nonexistent in Europe. The European Commission has advocated collective redress as an important means of access to justice but class actions have found little enthusiasm in the Members States. The book highlights the lessons which have been learned from the experience of cases in the US and in Europe. What does the future hold for class, collective and mass arbitrations? Are they a marginal phenomenon or has their potential yet to be realized? What are possible solutions to the issues that have been encountered? Can we expect to see more of such arbitrations in the future? Written by arbitrators, academics and practitioners, this Dossier will provide the answers to these questions and many more.
Download or read book Yearbook Commercial Arbitration 2004 written by Albert J. Van den Berg and published by Kluwer Law International B.V.. This book was released on 2004-12-01 with total page 1314 pages. Available in PDF, EPUB and Kindle. Book excerpt: For nearly three decades the international legal, business and academic communities have relied on theYearbook Commercial Arbitration for comprehensive coverage of the complex field of international commercial arbitration. With its reporting on developments in legislation and arbitral institutions, and its excerpts of arbitral awards and court decisions, Volume XXIX continues the Yearbook?s tradition of providing topical information in special sections, covering: Awards from arbitral institutions not readily available elsewhere. Court decisions on arbitration, including: Canadian court decisions on awards made in connection with NAFTA Chapter 11 and US Supreme Court decisions on procedural issues, damages and the applicability of the Federal Arbitration Act. Arbitration rules from leading arbitral institutions, this year featuring: The new arbitration rules and code of ethics from the Arbitration Chamber of Milan, with an introduction by Rinaldo Sali. The New Swiss Rules of International Arbitration, introduced by Dr. Wolfgang Peter. The American Arbitration Association/American Bar Association?s Code of Ethics for Arbitrators in Commercial Disputes, with an introduction by William K. Slate II. The Guidelines on Conflicts of Interest in International Commercial Arbitration issued by the International Bar Association. The International Law Association=s resolution on public policy as a ground for refusing recognition or enforcement of international arbitral awards, introduced by Pierre Mayer and Audley Sheppard. Court Decisions on the leading international arbitration conventions, with: Excerpts of 72 court decisions applying the 1958 New York Convention from the national courts of 10 countries, including extensive coverage of recent decisions from the German courts. US decisions applying the 1975 Panama Convention. A Bibliography of recent books and journals on arbitration. Edited by the International Council for Commercial Arbitration (ICCA), the world?s leading organization representing practitioners and academics in the field, the Yearbook is a vital resource for anyone involved in the practice and study of international arbitration.
Download or read book The Baker McKenzie International Arbitration Yearbook 2009 written by and published by Wolters Kluwer Russia. This book was released on 2010 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Hague Yearbook of International Law Annuaire de La Haye de Droit International Vol 26 2013 written by Nikolaos Lavranos and published by BRILL. This book was released on 2017-06-01 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: The title of the Hague Yearbook of International Law reflects the close ties which have always existed between the AAA and the City of The Hague with its international law institutions, and indicates the Yearbook’s aim of devoting attention to developments taking place in the international law institutions based in The Hague. However, the Yearbook has a broader scope as well: to offer a platform for review of new developments in the field of international law. As of the 2010 Volume, the Yearbook has been compiled by a new and expanded Editorial Board, offering fresh ideas and a new approach. A newly established Advisory Board has also been added, including ICJ Judge Bruno Simma, Serge Brammertz, Prosecutor of the International Criminal Tribunal for the Former Yugoslavia (ICTY), Jacomijn J. van Haersolte-van Hof, advocate (advocaat) at HaersolteHof and arbitrator (The Netherlands) and Professor Peter Hilpold, Innsbruck University (Austria). Sections have been created on public international law, private international law, international investment law and international criminal law, containing in-depth articles on current issues. The breadth of the Yearbook’s content thus offers an interesting and valuable illustration of the dynamic developments in the various sub-areas of international law.
Download or read book International Arbitration Law and Practice in Switzerland written by Gabrielle Kaufmann-Kohler and published by Oxford University Press. This book was released on 2015-10-22 with total page 732 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.
Download or read book Czech and Central European Yearbook of Arbitration 2011 The Relationship between Constitutional Values Human Rights and Arbitration written by Alexander J. Bělohlávek and published by Juris Publishing, Inc.. This book was released on 2011-04-01 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: The topic for the inaugural edition of the Czech (& Central European) Yearbook of Arbitration (CYArb) is a highly interdisciplinary investigation into the relationship between human rights and arbitration. While providing a broad comparative approach of national tribunals from the perspective of different legal traditions, this topic has many significant practical aspects, such as service of process in arbitration proceedings. The CYArb also features articles by leading authorities from not only the Czech Republic but also Central and Eastern Europe, Switzerland and Russia on different topics in international arbitration; The Yearbook includes commentary and analysis of selected important case law - where international arbitration and the courts meet - from Bulgaria, the Czech Republic, Hungary, Poland and Russia. To ensure the integrity and quality of the CYArb, it boasts an Advisory Board featuring leading arbitration figures of the region, including: Anton Baier, Vienna, Austria Silvy Chernev, Sofia, Bulgaria Sir Anthony Colman, London, UK Bohuslav Klein, Prague, Czech Republic Pierre Lalive, Geneva, Switzerland Piotr Nowaczyk, Warsaw, Poland Ivan Szász, Budapest, Hungary Stanislaw Soltysiński, Warsaw, Poland Jozef Suchoža, Košice, Slovak Republic Vladimír Týč, Brno, Czech Republic A vital component of the CYArb is the unprecedented cooperation from the leading academic and arbitral institutions in the field: In the Czech Republic, this endeavor has the cooperation of the following institutions: – Faculty of Law, Charles University, Prague, – Faculty of Law, Masaryk University, Brno, – Faculty of Law, University of West Bohemia, Pilsen, – Faculty of Law, Palacký University, Olomouc, – Institute of State and Law, Academy of Sciences of the Czech Republic In the Slovak Republic: – Institute of State and Law, Slovak Academy of Sciences, A large degree of collaboration was provided by the permanent arbitration courts and other institutions in the region: · International Arbitral Centre of the Austrian Federal Economic Chamber (VIAC) · Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania · Arbitration Court attached to the Hungarian Chamber of Commerce and Industry · Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic · Arbitration Court attached to the Czech-Moravian Commodity Exchange · ICC National Committee Czech Republic · The Court of Arbitration at the Polish Chamber of Commerce The degree of collaboration and cooperation from leading individuals, academic and arbitral institutions, allows the CYArb to fulfill its goal of being the leading Yearbook on arbitration developments and case law for the region.
Download or read book Law and Practice of International Commercial Arbitration written by Alan Redfern and published by Sweet & Maxwell. This book was released on 2004 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: Highly acclaimed by practitioners all over the world, Law & Practice of International Commercial Arbitration has deservedly become the leading text in its field. With its comprehensive review of the legal context within which international commercial arbitration operates, Redfern & Hunter is the ultimate user-friendly explanation of how arbitration, and in particular international commercial arbitration, works. The 4th edition has been expanded to give a wider global scope to the work. Readers can also benefit from the expert insight and advice of world-renowned international practitioners. international practitioner * Contains a comprehensive review of the international commercial arbitration process from start to finish * Includes commentary on suitable places of arbitration, developments in international trade law and the increasing harmonisation of national laws governing international arbitration * Appendices include the major international rules of arbitration and conventions * Explains how arbitration should be conducted to be cost effective and profitable * Fully updated to take account of the latest developments all over the world - including a new chapter on investment arbitrations
Download or read book Procedure and Evidence in International Arbitration written by Jeffrey Waincymer and published by Kluwer Law International B.V.. This book was released on 2012-05-23 with total page 1363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Central to the book’s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthesizing and engaging with the conference literature and differing authors’ views. He identifies criteria that offer a harmonized approach to each stage of the arbitral process, with particular attention to such aspects of international arbitration as: appropriate trade-offs between flexibility and certainty; the rights, duties and powers of arbitrators; appointment and challenge of arbitrators; responses to ‘guerilla’ tactics; drafting of arbitration agreements, including specialty clauses; drafting of required commencement notices and response documents; set-off; fast track arbitration and other efficiency options; strategic use of preliminary conferences and timetabling; online arbitration; multi-party, multi-contract, class arbitration; amicus and third party funders; pre-arbitral referees and interim relief; witness evidence, both factual and expert; documentary evidence, production obligations, and challenges to production; identifying applicable law; and remedies and costs.
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.
