Download or read book New Developments in Civil and Commercial Mediation written by Carlos Esplugues and published by Springer. This book was released on 2015-09-11 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: By means of the analysis of more than 20 national jurisdictions of different legal and geographical origin this book provides a general understanding of the developments that civil and commercial mediation is currently undertaking across the world. The book combines 25 national reports with a General Report analyzing the major trends in civil and commercial mediation worldwide. A number of the key variables that make mediation so effective are studied in depth in the book. The concept of mediation, that varies from country to country. Its legal framework and the branches of public and private law in which it is used. The legal condition of the mediation agreement and its relevant conditions of form and content, the responsibilities of the parties in the event that they violate this agreement and the effects of this agreement on potential recourse to the courts or to arbitration, as well as with regard to pending cases. As well as the role played by the mediator, his or her appointment or designation, legal and ethical responsibilities, and the role of institutions in mediation. As well as the mediation process, its applicable rules and principles and its costs are analyzed on comparative basis. The book also pays special attention to the outcome of mediation. The enforceability of the settlement reached both in domestic and cross-border mediations constitutes a basic element for the success of the institution and is thoroughly studied. This volume constitutes a unique instrument for those interested on mediation, either practitioners, judges or academics.

Download or read book Civil Procedure in Italy written by Michele Angelo Lupoi and published by Kluwer Law International B.V.. This book was released on 2018-02-27 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in Italy. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules. The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Italy will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.

Download or read book The New Regulatory Framework for Consumer Dispute Resolution written by Pablo Cortés and published by Oxford University Press. This book was released on 2016 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the impact of the new EU law in the field of consumer redress. It explores the new European legal framework and the main methods of consumer redress, analyses the implementation of the ADR Directive in various Member States, and evaluates new trends in consumer ADR.

Download or read book LA MEDIACONCILIAZIONE written by Maurizio Danza and published by Lulu.com. This book was released on 2012-04-27 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: L'opera reca nella sua prima parte un accurato commento giurisprudenziale e dottrinario, articolo per articolo al D.lgs n.28/2010 istitutivo della mediazione, seguito da una selezione delle fonti regolamentari del Ministero della Giustizia e delle norme che nel corso del 2011 hanno introdotto talune modifiche in materia, tra cui la recentissima circolare 20 del dicembre 2011. Pratico strumento di lettura e di approfondimento dell'istituto della mediazione, per quanti iniziano a districarsi nel complesso panorama del peculiare istituto deflattivo introdotto dalla legge, contenendo un formulario con i modelli degli atti relativi alla procedura di mediazione. Presenta una descrizione di tutte le fasi del processo di mediazione anche attraverso la realizzazione di diapositive, che riproducono in forma schematica tutte le fasi e gli istituti della mediazione, tratte dalle lezioni dell'Avv.Danza tenute quale docente nei corsi per mediatori professionisti.

Download or read book Yearbook Commercial Arbitration Volume XXXV 2010 written by Albert Jan Van Den Berg and published by Kluwer Law International B.V.. This book was released on 2010-12-08 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 2011 written by and published by Walter de Gruyter. This book was released on 2013-03-01 with total page 2983 pages. Available in PDF, EPUB and Kindle. Book excerpt: Particularly in the humanities and social sciences, festschrifts are a popular forum for discussion. The IJBF provides quick and easy general access to these important resources for scholars and students. The festschrifts are located in state and regional libraries and their bibliographic details are recorded. Since 1983, more than 639,000 articles from more than 29,500 festschrifts, published between 1977 and 2010, have been catalogued.

Download or read book La Nuova Procedura Civile 01 2013 written by Luigi Viola and published by Lulu.com. This book was released on 2016 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Yearbook Commercial Arbitration Volume Xxxv 2010 Crc Rev written by Jan Albert Van den Berg and published by Kluwer Law International B.V.. This book was released on 2010-11-01 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotation Volume XXXV (2010) of the Yearbook marks a profound change in the waymaterials are presented to the reader. As of this Volume, the Yearbook'sselection of arbitral awards and court decisions - made accessible by translations, indices and categorized lists - is available to the reader in a combination of printedition and online publishing which takes into account the needs of anincreasingly mobile work environment.

Download or read book La mediazione per la composizione delle controversie civili e commerciali written by Bove Mauro and published by CEDAM. This book was released on 2011-02-21 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: L’opera si propone di fornire, nella struttura del commentario per articoli, una prima interpretazione delle norme introdotte in materia di mediazione finalizzata alla conciliazione delle controversie civili e commerciali dal d.lgs. 4 marzo 2010, n. 28. Con questo decreto, il legislatore ha introdotto - sulla scorta dell’esperienza straniera e delle indicazioni dell’Unione europea - una innovativa forma di alternative dispute resolution (ADR) tesa a ridurre, almeno nelle intenzioni, il numero delle controversie su diritti disponibili sottoposte o da sottoporre per la decisione alla Autorità giudiziaria ordinaria. Pur nel rispetto del rigore scientifico, l’opera è caratterizzata anche da un taglio pratico: la seconda parte è affidata all'esame della figura del mediatore e delle principali tecniche di comunicazione. Numerose e rilevanti sono le novità introdotte dal nuovo testo normativo, il quale, peraltro, ha già suscitato un vivace dibattito scientifico tra gli studiosi della materia ed è fonte di confronti e discussioni tra tutti i professionisti interessati. In tale prospettiva, quest'opera intende analizzare il fenomeno della mediazione nel suo complesso, offrendo nella prima parte una disamina critica ed approfondita della nuova legge, nonchè nella seconda parte, un'analisi dettagliata ed esauriente di tutte le fasi di cui si compone il procedimento di mediazione, con particolare attenzione alle principali tecniche di negoziaizione e comunicazione utilizzate nella conduzione degli incontri di mediazione. Viene inoltre sottolineata la straordinaria importanza concreta che la disciplina presenta: importanza che, se per il procedimento obbligatorio di mediazione è differita di dodici mesi dall’entrata in vigore avvenuta il 20 marzo 2010, per il procedimento di mediazione spontaneo e per quello su invito del giudice è invece immediata, applicandosi questi procedimenti anche ai processi in corso. Pari importanza pratica la nuova disciplina riveste per gli organismi di conciliazione già istituiti od istituendi, ai quali è affidata la gestione dei procedimenti di mediazione.

Download or read book Court Mediation Reform written by Shahla F. Ali and published by Edward Elgar Publishing. This book was released on 2018-03-30 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: As judiciaries advance, exploring how court mediation programs can provide opportunities for party-directed reconciliation whilst ensuring access to formal legal channels requires careful investigation. Court Mediation Reform explores comparative empirical findings in order to examine the association between court mediation structure and perceptions of justice, efficiency and confidence in courts.

Download or read book Europeanisation of Private Enforcement of Competition Law written by Gentjan Skara and published by Springer Nature. This book was released on 2022-04-06 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the European integration process (Europeanisation) is pushing the member states and candidate countries toward a greater convergence with the EU’s competition acquis. Through the transposition of the Directive 2014/104/EU, the member states have harmonised substantive and procedural rules, which is beneficial to individuals and enterprises because it provides a minimum protection across all member states. In addition, it is commonly agreed in academia that the prospect of EU membership brings positive domestic changes in the candidate countries. At the moment, Albania is waiting to open negotiations for the chapters of the EU acquis. Firstly, this book addresses the evolution of private enforcement at the European level by examining the objectives, modalities, and actors that contributed to the development of private enforcement. Secondly, it analyses the Directive 2014/104/EU and how the three selected EU member states have transposed the directive into their domestic legal system considering the discretion margin left by Article 288 TFEU and a minimum harmonisation level defined in the directive. Thirdly, it provides a historical overview of private enforcement in Albania and shows how the Albanian Competition Authority has addressed the transposition of the Directive 2014/104/EU.

Download or read book European Condominium Law written by Cornelius Van Der Merwe and published by Cambridge University Press. This book was released on 2015-02-26 with total page 691 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive comparative treatment of condominium (apartment ownership, commonhold, horizontal property) law in 21 European jurisdictions. This book explores the genesis of condominium law in Europe and in each of the jurisdictions represented and the use made of the condominium format to structure residential, commercial, industrial and tourist condominiums. It examines the establishment of condominiums, basic condominium concepts and the role by-laws play in establishing harmony in a condominium. Included are ten case studies, which illustrate a variety of factual scenarios and focus on providing legal solutions to practical cases. The scenarios include, amongst others, the legal consequences of a sale of apartments from building plans; restrictions on the sale and letting of apartments; the keeping of pets and the conduct of a profession (such as a medical practice) in an apartment; the sanctions against defaulters of contributions; and the requirements for undertaking maintenance and improvements.

Download or read book La mediazione nel contesto europeo written by Fabio Sacco and published by Lulu.com. This book was released on 2013-05-27 with total page 105 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fino all'approvazione del decreto legislativo 4 marzo 2010, n° 28 la Mediazione si presentava come uno strumento poco conosciuto nella realtà italiana sia da parte del semplice cittadino che da parte di molti professionisti. A partire dalla suddetta data la cultura della mediazione è cresciuta rapidamente, e ad oggi è possibile reperire, soprattutto sulla rete, molte informazioni utili sull'argomento. Ma in questa vastità di informazioni si corre il rischio di perdersi, soprattutto quando la ricerca ha come oggetto un argomento specifico della materia, come quello della mediazione in Europa. Lo scopo di questo libro è quello di raccogliere e posizionare in modo ordinato tutte le informazioni riguardanti la mediazione e inevitabilmente gli altri strumenti extragiudiziali di risoluzione delle controversie, per condurre il lettore ad una conoscenza chiara e corretta sulla posizione della Comunità Europea in merito alla questione.

Download or read book Arbitrato e Mediazione analogie e differenze written by Antonia Massafra and published by Lulu.com. This book was released on 2012-04-15 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: Una descrizione dei procedimenti di Mediazione e Arbitrato, esaminando le loro analogie e differenze.

Download or read book The Making of Consumer Law and Policy in Europe written by Hans-W Micklitz and published by Bloomsbury Publishing. This book was released on 2021-11-04 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the founding years of consumer law and consumer policy in Europe. It combines two dimensions: the making of national consumer law and the making of European consumer law, and how both are intertwined. The chapters on Germany, Italy, the Nordic countries and the United Kingdom serve to explain the economic and the political background which led to different legal and policy approaches in the then old Member States from the 1960s onwards. The chapter on Poland adds a different layer, the one of a former socialist country with its own consumer law and how joining the EU affected consumer law at the national level. The making of European consumer law started in the 1970s rather cautiously, but gradually the European Commission took an ever stronger position in promoting not only European consumer law but also in supporting the building of the European Consumer Organisation (BEUC), the umbrella organisation of the national consumer bodies. The book unites the early protagonists who were involved in the making of consumer law in Europe: Guido Alpa, Ludwig Krämer, Ewa Letowska, Hans-W Micklitz, Klaus Tonner, Iain Ramsay, and Thomas Wilhelmsson, supported by the younger generation Aneta Wiewiórowska Domagalska, Mateusz Grochowski, and Koen Docter, who reconstructs the history of BEUC. Niklas Olsen and Thomas Roethe analyse the construction of this policy field from a historical and sociological perspective. This book offers a unique opportunity to understand a legal and political field, that of consumer law and policy, which plays a fundamental role in our contemporary societies.

Download or read book Private International Law Aspects of Corporate Social Responsibility written by Catherine Kessedjian and published by Springer Nature. This book was released on 2020-03-06 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses one of the core challenges in the corporate social responsibility (or business and human rights) debate: how to ensure adequate access to remedy for victims of corporate abuses that infringe upon their human rights. However, ensuring access to remedy depends on a series of normative and judicial elements that become highly complex when disputes are transnational. In such cases, courts need to consider and apply different laws that relate to company governance, to determine the competent forum, to define which bodies of law to apply, and to ensure the adequate execution of judgments. The book also discusses how alternative methods of dispute settlement can relate to this topic, and the important role that private international law plays in access to remedy for corporate-related human rights abuses. This collection comprises 20 national reports from jurisdictions in Europe, North America, Latin America and Asia, addressing the private international law aspects of corporate social responsibility. They provide an overview of the legal differences between geographical areas, and offer numerous examples of how states and their courts have resolved disputes involving private international law elements. The book draws two preliminary conclusions: that there is a need for a better understanding of the role that private international law plays in cases involving transnational elements, in order to better design transnational solutions to the issues posed by economic globalisation; and that the treaty negotiations on business and human rights in the United Nations could offer a forum to clarify and unify several of the elements that underpin transnational disputes involving corporate human rights abuses, which could also help to identify and bridge the existing gaps that limit effective access to remedy. Adopting a comparative approach, this book appeals to academics, lawyers, judges and legislators concerned with the issue of access to remedy and reparation for corporate abuses under the prism of private international law.

Download or read book Lawyers and Mediation written by Bryan Clark and published by Springer Science & Business Media. This book was released on 2012-05-24 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book charts the historical and current interaction between lawyers and mediation in both the common law and civil law world and analyses a number of issues relevant to lawyers’ part in the process. Lawyers have in the past and continue to play many roles in the context of mediation. While some are champions for the process, many remain on the fringes and apathetic, while others are openly sceptical or even anti-mediation in their stance. Yet others may have embraced mediation but, it is argued, for cynical, disingenuous reasons. By reviewing existing empirical evidence on lawyers’ interactions with mediation and by examining historical and current trends in lawyers’ dalliance with mediation, this book seeks to shed new light on a number of related issues, including: lawyers’ resistance to mediation; lawyers’ motives for involvement with mediation; the appropriateness of lawyers acting as mediators and party representatives; and the impact that both lawyers and the increasing institutionalisation of mediation have had on the normative form of the process, as well as the impact that mediation experience heralds for lawyers and legal systems in general.