Download or read book Fouchard Gaillard Goldman on International Commercial Arbitration written by Philippe Fouchard and published by Kluwer Law International B.V.. This book was released on 1999-09-02 with total page 1320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on and includes revisions to : Traité de l'arbitrage commercial international / Ph. Fouchard, E. Gaillard, B. Goldman. 1996--Cf. foreword.
Download or read book Enforceability of Multi Tiered Dispute Resolution Clauses written by Ewelina Kajkowska and published by Bloomsbury Publishing. This book was released on 2017-03-23 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the contractual mechanisms requiring parties to exhaust a selected amicable dispute resolution procedure before proceedings in court or arbitration are initiated. It briefly explains the phenomenon of integrated dispute resolution, outlines ADR methods commonly used in multi-tiered clauses and presents the overview of standard clauses published by various ADR providers and professional bodies. The core of the analysis is devoted to the enforceability of multi-tiered clauses under the legal systems of England and Wales, Germany, France and Switzerland. It is essential reading for practitioners and academics working in this area.
Download or read book R glement Pr coce Des Litiges Et Le R le Des Juge written by Council of Europe and published by Council of Europe. This book was released on 2005-01-01 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book La qu te anthropologique du droit written by Christoph Eberhard and published by KARTHALA Editions. This book was released on 2006 with total page 618 pages. Available in PDF, EPUB and Kindle. Book excerpt: Le monde change et avec lui nos manières de penser le droit. Comment comprendre les transformations juridiques contemporaines ? Quel sens leur donner à l'âge de la globalisation ? Comment aborder le droit comme un révélateur de nos manières de vivre ensemble autant que comme l'un des outils de leur mise en forme ? Ces questions centrales à la démarche anthropologique d'Etienne Le Roy, l'un des bâtisseurs de l'anthropologie du droit française, sont éclairées dans cet ouvrage à travers des études enracinées sur les cinq continents et privilégiant la dimension anthropologique du droit. Les auteurs abordent les défis qui se présentent à un droit de plus en plus inscrit entre global et local et s'interrogent sur les métamorphoses contemporaines de l'Etat et de la Justice. Loin d'une anthropologie " exotique " ce sont les enjeux contemporains des restructurations juridiques, politiques et économiques dans la rencontre des cultures qui sont abordés. Les questionnements théoriques ainsi que les études de terrain inscrites dans les champs de recherche privilégiés de l'anthropologie du droit tels que le foncier et la gestion des ressources naturelles, la médiation et les modes alternatifs de règlement des conflits reflètent les évolutions les plus récentes dans le domaine et offrent un panorama des recherches et enjeux dans le champ de l'anthropologie du droit. Ces analyses qui partagent toutes la vision d'Etienne Le Roy selon lequel " le droit est moins ce qu'en disent les textes que ce qu'en font les acteurs " contribuent à mieux comprendre le monde dans lequel nous vivons et à éclairer les questions brûlantes que constituent aujourd'hui la gouvernance et le développement durable dans une mondialisation respectueuse de la diversité des cultures et sensible aux réalités de terrain.
Download or read book ADR in Business written by Jean-Claude Goldsmith and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether the andAand stands for andappropriateand, andamicableand, or andalternativeand, all out of court dispute resolution modes, collected under the banner term andADRand, aim to assist the business world in overcoming relational differences in a truly manageable way. The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents. As a result, in this book twenty-nine andintertwined but variegatedand essays (to use the editorands characterization) provide substantial insight in such specific topics as: ADRands flexible procedures as controlled by the parties; ADRands facilitation of the continuation of relations between the parties; privilege and confidentiality; involvement of non-legal professionals; the identity and the role of the andneutraland as well as the role of the arbitrator; the implementation of ICC and other international ADR rules; the workings of Dispute Boards and the role of ADR in securing investment and other specific objectives. In its compound thesis and growing in relevance every day and that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.
Download or read book Mediation written by Klaus J. Hopt and published by Oxford University Press. This book was released on 2018-12-13 with total page 1424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation provides an attractive alternative to resolving disputes through court proceedings. Mediation promises just results in the interest of all parties concerned, a reduction of the court caseload, and cost savings for the parties involved as well as for the treasury. The European Directive on Mediation has given mediation in Europe new momentum by establishing a common framework for cross-border mediation. Beyond Europe, many states have tried in recent years to answer the question whether, and if so, how mediation should be regulated at a national and international level. The aim of this book is to promote the understanding and discussion of regulatory issues by presenting comparative research on mediation. It describes and analyses the law and practice of mediation in twenty-two countries. Europe is represented by chapters on mediation in Austria, Bulgaria, England, France, Germany, Greece, Hungary, Ireland, Italy, the Netherlands, Norway, Poland, Portugal and Spain. The world beyond Europe is analysed in chapters on mediation in Australia, Canada, China, Japan, New Zealand, Russia, Switzerland and the USA. Against this background, further chapters on fundamental issues identify possible regulatory models and discuss central principles of mediation law and practice. In particular, the work considers harmonisation and diversity in the law of mediation as well as the economic and constitutional problems associated with privatising civil justice. To the extent available, empirical research is used as a point of reference in the critical analysis.
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 Alternative Dispute Resolution in European Administrative Law written by Dacian C. Dragos and published by Springer. This book was released on 2014-09-19 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role, the general framework and the empirical effectiveness of the main alternative dispute resolution tools (administrative appeals, mediation, and ombudsman) in administrative matters, within the broader context of the administrative justice system. The book uses approaches from the fields of law, public administration, public policy and political science to assess the importance of different instruments for alternative dispute resolution, with an emphasis on administrative appeals.
Download or read book Regulating Dispute Resolution written by Felix Steffek and published by Bloomsbury Publishing. This book was released on 2014-07-04 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a principled approach to the regulation of dispute resolution. It covers dispute resolution mechanisms in all their varieties, including negotiation, mediation, conciliation, expert opinion, mini-trial, ombud procedures, arbitration and court adjudication. The authors present a transnational Guide for Regulating Dispute Resolution (GRDR). The regulatory principles contained in this Guide are based on a functional taxonomy of dispute resolution mechanisms, an open normative framework and a modular structure of regulatory topics. The Guide for Regulating Dispute Resolution is formulated and commented upon in a concise manner to assist legislators, policy-makers, professional associations, practitioners and academics in thinking about which solutions best suit local and regional circumstances. The aim of this book is to contribute to the understanding and development of the legal framework governing national and international dispute resolution. Theory, empirical research and regulatory models have been taken from the wealth of experience in 12 jurisdictions: Austria, Belgium, Denmark, England and Wales, France, Germany, Italy, Japan, the Netherlands, Norway, Switzerland and the United States of America. Experts with a background in academia, practice and law-making describe and analyse the regulatory framework and social reality of dispute resolution in these countries. On this basis the authors draw conclusions about policy choices, regulatory strategies and the practice of conflict resolution. This title is included in Bloomsbury Professional's International Arbitration online service.
Download or read book Le r glement pr coce des litiges et le r le des juge s written by Conseil de l'Europe and published by Council of Europe. This book was released on 2005-01-01 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: En réunissant des représentants du pouvoir judiciaire des Etats membres et des Etats observateurs, qui ont chacun leur propre pratique nationale dans le domaine du règlement précoce des litiges, la conférence a établi le premier échange de vues de cette envergure sur le cadre législatif, destiné à accroître le rôle des juges en matière de traitement rapide des différends.
Download or read book Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings written by Dobrochna Bach-Golecka and published by Springer Nature. This book was released on 2021-05-16 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book discusses compensation mechanisms and other non-judicial means that offer alternatives to court proceedings, designed and provided for within national legal regimes. Such schemes are primarily of a civil or administrative character and are mainly intended to supplement criminal liability for medical negligence. As such, the book focuses on medical malpractice and prospective medical harm from a civil law perspective. It examines the contemporary perspective of a patient-physician relationship, which has evolved from a relation of a quasi-patrimonial character into a partnership of quasi-equal parties, dealing with a medical treatment procedure as a scientific endeavor. It also reviews the extra-legal conditions that are taken into account in compensation arrangements, particularly the need to satisfy a psychological urge for conciliation and empathy on the part of medical personnel. Lastly, the book explores the responsibility of public authorities and healthcare providers to guarantee access to healthcare that is of a sufficient quality, based upon standards provided for in international (and European) law.
Download or read book Effective Enforcement of Creditors Rights written by Masahisa Deguchi and published by Springer Nature. This book was released on 2021-11-27 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: The problem of enforcing a money judgment exists in every legal system in the world, but the methods and orientation vary significantly. Effective enforcement proceedings are crucial to ensure full access to justice for creditors. Complete and full knowledge of the debtors’ assets is crucial to choose the appropriate enforcement measure. But each legal system must balance the creditors’ rights to an efficient enforcement with the debtors’ rights. The wide differences between enforcement proceedings mirror the way each society tries to find a balance between confronting rights and interests. This book explores and compares how different legal systems approach these issues with a focus on the discovery of debtors’ assets, which is a common problem for enforcement and execution proceedings in almost every jurisdiction. This is the first book to compare enforcement proceedings around the world and presents a variety of information and country reports from leading experts from four continents. It represents the joint work of academic and legal authorities from Germany, Japan, Korea, France, the UK, Switzerland, Austria, Spain, Poland, Russia, Greece, North America, Taiwan, Brazil, Argentina, Chile, and the EU.
Download or read book Managing Copyright written by Rudolf Leška and published by Kluwer Law International B.V.. This book was released on 2023-05-30 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Managing Copyright brings together prominent contributors in a collection of academic papers as well as business oriented reports which encompasses our current knowledge in the field of collective management of authors’ and related rights. This volume, published in cooperation with the Association littéraire et artistique internationale, is an output of the 2019 ALAI Congress held in Prague where scholars and practitioners met to discuss outstanding issues related to collective management. In the book, the reader finds large studies by well-known copyright scholars (Gervais, Drexl, Nérisson, Synodinou, Ficsor, Axhamn and others) and reports on every issue in this highly dynamic field of copyright law. The book is essential for policy makers, scholars and practitioners in the field of collective management of copyright and neighbouring rights around the globe if they want to keep pace with the new developments in the field. Features: · Extensive report on dozens of national laws on collective management of rights · Conflict of laws, the music industry and collective management · European and global comparison of different national regulatory approaches · Reports on experience and transposition of the EU Collective Management Directive · Presentation of alternative models of copyright management, independent management entities and beyond · Reciprocal agreements between collective management organizations · Regulation of competition in the copyright administration · Territoriality, cyberspace, metadata, geoblocking and digital content portability · Tariff litigation · Outline of future policy development (WIPO, EU and individual countries) Benefits: · Getting informed about current research problems, policy considerations and regulatory challenges in collective management · Overview of national legislations from dozens of countries and all continents · Combination of scholarly studies and business-oriented reports from the industry insiders
Download or read book Civilising Criminal Justice written by David J. Cornwell and published by Waterside Press. This book was released on 2013 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: Probably the best collection there is, Civilizing Criminal Justice is an inescapable resource for anyone interested in restorative justice: truly international and packed with experience while combining history, theory, developments and practical advice.This volume of specially commissioned contributions by widely respected commentators on crime and punishment from various countries is a 'break-through' in bringing together some of the best arguments for long-overdue penal reform. An increasingly urgent need to change outmoded criminal processes, even in advanced democracies, demands an end to those penal excesses driven by political expediency and damaging notions of retribution, deterrence and punishment for its own sake. 'Civilising' criminal justice will make it fairer, more consistent, understandable and considerate towards victims of crime, currently largely excluded from participation. Principles of reparative and restorative justice have become increasingly influential in the quest to provide justice which tackles harm, compensates victims, repairs relationships, resolves debilitating conflicts and calls offenders to account. And in any case, what real justification is there for subjecting more and more people to the expensive but hollow experience of prison, especially at a time of economic stringency. Civil justice - in its various forms - can be swifter, cheaper and more effective, in court or through mediated processes focusing on the harmful consequences of offences rather than inflicting punishment that may satisfy a baying media but come home to haunt the community. This brave and generous book (600 pages) illustrates the many different ways in which criminal justice can be 'civilised' and how lessons can be learned from practical experience across the world and shared expertise. It is a volume that every politician should read, every criminal justice professional should possess, and that every student of criminology and penology will find invaluable. David Cornwell, John Blad and Martin Wright are three of the leading international experts on this topic with many publications to their names individually. Contributors: Serge Gutwirth and Paul De Hert (Belgium), Federico Reggio (Italy), Bas van Stokkom (The Netherlands), Lode Walgrave (Belgium), Susan Easton and Christine Piper (UK), Louis Blom-Cooper QC (UK), Tapio Lappi-Seppälä (Finland), Thomas Trenczek (Germany), Jean-Pierre Bonafé-Schmitt (France), Per Andersen (Norway), Claire Spivakovsky (Australia), Ann Skelton (Republic of South Africa), Borbála Fellegi (Hungary), Judge Fred McElrea (New Zealand); and the editors. John Braithwaite is a Distinguished Professor at the Australian National University, author of ground-breaking works on restorative justice and recipient of various awards.
Download or read book Computer law in the millenium perspective written by Xavier Linant de Bellefonds and published by Editions Publibook. This book was released on 2001 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Global Trends in Mediation written by Nadja Marie Alexander and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: In its first edition, Global Trends in Mediation was the first book to concentrate on mediation from a comparative perspective - reaching beyond the all-too-familiar Anglo-American view - and as such has enjoyed wide practical use among alternative dispute resolution (ADR) practitioners worldwide. This new edition has not only been updated throughout; it has also added two new jurisdictions (France and Quebec) and a very useful comparative table summarising the salient points from each of the fourteen jurisdictional chapters. Each jurisdictional chapter addresses critical structural and process issues in alternative dispute resolution such as the institutionalisation of mediation, mediation case law and legislation, the range and nature of disputes where mediation is utilised, court-related mediation, mediation practice standards, education, training and accreditation of mediators, the role of lawyers in mediation, online dispute resolution and future trends. All the contributors are senior dispute resolution academics or practitioners with vast knowledge and experience of dispute resolution developments in their countries and abroad.