Download or read book Alternative Dispute Resolution in Japan written by Yasuhei Taniguichi and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Some Features of Alternative Dispute Resolution in Japan and in the West written by Nobuaki Iwai and published by . This book was released on 1990 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Virtuous Ways and Beautiful Customs written by Andrew M. Pardieck and published by . This book was released on 1997 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Perspectives on Civil Justice and ADR Japan and the U S A written by Takeshi Kojima and published by . This book was released on 1990 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Chouwa No Koe Or Voices in Harmony written by Reina Garrett and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alternative Dispute Resolution (“ADR”) plays an invaluable role in the United States' interactions with other sovereign states. The United States and Japan have long resolved their disputes through ADR: from disputes between private entities, to State-level trade disputes, and beyond. However, the history of ADR between the two countries has been fraught with problems stemming from legal and cultural arrangements that often cause as many difficulties as they solve. There is a need for improvement of the ADR process through harmonization of arbitration laws, increased reciprocity of judgment enforcement, and a willingness on the part of both countries to create and implement a more formalized ADR procedural framework to ensure greater continuity and consistency in the dispute resolution process. This Article identifies key problems and proposes solutions for improving the existing U.S.-Japanese ADR process through the creation of more consistent guidelines and practices as a subset of a general examination of worldwide ADR techniques.
Download or read book Davis Dispute Resolution Japan written by Joseph Davis and published by Springer. This book was released on 1996-09-15 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practices and patterns of behaviour considered the norm in the process of dispute resolution in Japan may seem very strange to lawyers from other countries. This book describes the Japanese process of resolving disputes through third parties to lawyers and business executives faced with the prospect of litigation or arbitration. The authors, experienced practitioners themselves, present a clear description of numerous components and facets To The dispute resolution process, including: the Japanese legal system and its advantages and disadvantages the role of the judiciary and practising lawyers in Japan the attitude of the Japanese toward litigation the actual process the cost of litigation potential pitfalls For The practitioner alternative courses of action practical suggestions on when to be involved in a litigation in Japan how to manage a case from outside Japan Dispute Resolution in Japan is an invaluable resource for anyone involved in or contemplating doing business in Japan. Any such business people may find themselves plaintiffs or defendants in a legal proceeding involving a civil matter in a Japanese court. This book serves as essential, conscientious preparation for that potentiality.
Download or read book Commercial Dispute Processing and Japan written by Yasunobu Sato and published by Kluwer Law International B.V.. This book was released on 2001-08-29 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under globalization, the resolution of commercial disputes across national borders is assuming ever greater importance. This groundbreaking study explores a range of possible approaches, both within the established legal infrastructure, and through alternative, not only arbitration, but also non-confrontational means such as negotiation and mediation/conciliation. The Japanese experience in dispute processing is taken as a means of exploring the ways in which international harmonization efforts such as the UNCITRAL Model Law impact on individual nations. As an Asian nation which has adopted and adapted a variety of Western practices under modernization and democratization, Japan is in a unique position to offer a balanced global example--a model for a more comprehensive approach to disputes as an integrated multi-layered system. The book will be of interest to the scholar and practitioner of trans-national/cultural commercial dispute processing as well as those who are involved in the law reform technical cooperation.
Download or read book Compare the Alternative Dispute Resolution ADR Used in Hong Kong and Japan Construction Industry written by Shiu Sing David So and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Alternative Dispute Resolution System written by Dr. Ashok Kumar and published by K.K. Publications. This book was released on 2021-09-09 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: ALTERNATIVE DISPUTE RESOLUTION SYSTEM Global And National Perspective The book provides suitable and codified materials and information regarding the Alternative Dispute Resolution System. The whole book is divided into two parts and twenty chapters. Part one is related to the International ADR and part two is concerned with the National ADR. Chapter one is concerned with the Origin and Historical Development of ADR. Chapter two is related to the ADR in the United Kingdom. Chapter three provides the ADR in the USA. Chapter four is related to ADR in Hong Kong. Chapter five is concerned with the ADR in Canada. Chapter six describes the ADR in New Zealand. Chapter seven provides the ADR in Hungary. Chapter eight gives a brief history of ADR in the Philippines. Chapter nine is concerned with ADR in Pakistan. Chapter ten is related to the ADR in China. Chapter eleven is concerned to Netherland. Chapter twelve is related to ADR in Japan. Chapter thirteen is related to the Nature and Historical Development of ADRS in India. Chapter fourteen is related to the factors responsible for ADRs. Chapter fifteen is concerned with the Techniques of the ADRs. Chapter sixteen is related to the Indian Statutes and ADR. Chapter seventeen is designated as NyayaPanchayat and Gram Nayalaya. Chapter eighteen is related to the Arbitration and Conciliation Act, 1996. Chapter nineteen is related to the Innovative Trends of Justice and ADR. Chapter twenty is concerned with litigation policy and some valuable suggestions are given or mentioned. Chapter twenty-one is related to some Important International and National ADR Rules. The language of the book is easy and the same will be useful to the students.
Download or read book International Alternative Dispute Resolution System written by Dr. Ashok Kumar and published by K.K. Publications. This book was released on 2021-09-11 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Alternative Dispute Resolution System is a very useful system through which people may resolve their dispute as soon as possible. It involves the whole community of the world. It is a very speedy, cheap and inexpensive system of resolving disputes. It reduces the burden of the traditional or regular courts. It has become an integral part of the judicial system of the world. At present, in most of the countries of the world, a large number of cases are pending. The ADR enhances the involvement of the international and national community in the dispute resolution process and promotes an idea of access to justice for all. The book provides the proper information and knowledge about the ADR to the students. The book is divided into thirteen chapters. Chapter one is concerned with the Introduction. Chapter two is related to the ADR in the United Kingdom. Chapter three provides the ADR in the USA. Chapter four is related to ADR in Hong Kong. Chapter five is concerned with the ADR in Canada. Chapter six describes the ADR in New Zealand. Chapter seven provides the ADR in Hungary. Chapter eight gives a brief history of ADR in the Philippines. Chapter nine is concerned to ADR in Pakistan. Chapter ten is related to the ADR in China. Chapter eleven is concerned to Netherland. Chapter twelve is related to ADR in Japan. Chapter thirteen is related to ADR in Some other States. The language of the book is very understandable to the common man.
Download or read book Some Aspects of the Use of Commercial Arbitration by Japanese Corporation written by Yoshiaki Nomura and published by . This book was released on 2013 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article attempts to explain,in the broader framework of dispute resolution,the relative importance of arbitration for Japanese businesses in international commercial disputes as contrasted with the negligible role of arbitration in processing domestic disputes.The article concludes that the availability and normativeness of hanashi-ai coupled with some other factors determine whether arbitration is a reasonable alternative for Japanese corporations to utilize in a given dispute situation.Finally it will be suggested that new legislation may be a plausible way to prompte arbitration as alternative dispute resolution for both domestic and international disputes.Update as of 2011: This article was published in 1987, which updated my prior article under the same title appeared in Osaka University Law Review, No.33 (1986). The new Act of Arbitration (Law No. 138 of 2003) is now in force. This Act is modeled after the UNCITRAL Model Law on International Commercial Arbitration of 1985. However commercial arbitration is not the frequent resort in Japan to settle commercial disputes, both for international and domestic commercial cases.From 2000 to 2008,The Japan Commercial Arbitration Association received the average of 13 requests per year.
Download or read book Formalisation and Flexibilisation in Dispute Resolution written by Joachim Zekoll and published by Martinus Nijhoff Publishers. This book was released on 2014-09-25 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Formal law versus informal justice – these are two frequently invoked labels to highlight the distinction between court-based and “alternative” dispute resolution (ADR). Indeed, it appears to be all but a truism to assume that ADR has developed as a more flexible and creative alternative to rigid and formalised judicial proceedings. In Formalisation and Flexibilisation in Dispute Resolution scholars from four continents examine both historical and recent developments that cast doubt on the validity of these widespread assumptions. They not only explore trends towards an increased formalisation of ADR procedures but also address the tendencies of state civil justice systems to adopt flexible and informal tools for the resolution of disputes in the courts. Editors Joachim Zekoll, Moritz Bälz and Iwo Amelung have divided the book into three Parts. Part One seeks to develop the general theme of formalisation from several angles, including a socio-legal perspective, the public-private divide, the regulatory challenges and potential tensions with the rule of law. The emphasis of Part Two is on the historical emergence of formal and informal dispute resolution instruments in several legal and cultural contexts. Historical roots, be they genuine or construed, also play a role in the other two parts of the book, but in this part, they take centre stage. Finally, Part Three features chapters which address and elaborate on specific applications such as ADR as means of consumer dispute resolution and arbitration in transnational investment disputes. While the contributions to the first two parts of this volume already raise normative questions in some respects, this final part evaluates and passes judgement on the potential merits and deficits of ADR in a variety of specific settings.
Download or read book The Oxford Handbook of Conflict Management in Organizations written by William K. Roche and published by Oxford Handbooks. This book was released on 2014-05 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: New ways of managing conflict are important features of work & employment in organizations. World's leading scholars examine range of innovative alternative dispute resolution practices, drawing on international research, scholarship, covering case studies of major exemplars & developments in different parts of global economy. Aust & NZ content.
Download or read book Commercial Arbitration in Japan written by Tony Cole and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article addresses an ongoing dispute in the study of Japanese law, regarding the proper explanation for Japan's historically low litigation rates. Recent debate in this area has been dominated by the work of John Haley and Mark Ramseyer, who have presented strong evidence of the existence of substantial barriers to litigation in Japan. The article argues that an examination of the similarly low use of arbitration by Japanese corporations strongly undermines Haley and Ramseyer's argument. Arbitration in Japan suffers from none of the institutional obstacles identifiable in court litigation, so Haley and Ramseyer's arguments cannot explain its unpopularity. An alternative explanation for Japan's low litigation and arbitration rates is developed in the article, based on a theory of the relationship between society and the law draw from the work of the prominent Japanese legal theorist Takeyoshi Kawashima, and one of his primary influences, Eugen Ehrlich. The paper concludes with a discussion of the recent changes in Japan's arbitration law, and the rules of the Japan Commercial Arbitration Association, arguing that these changes of themselves will be insufficient to stimulate arbitration in Japan, as the primary obstacles to arbitration were not institutional. However, if a clear distinction in both law and form is developed within Japan between international and domestic arbitration, arbitration can achieve an important place as a form of dispute resolution in Japan. While the theory is developed in the context of a discussion of Japanese law, it is independent of unique Japanese cultural or historical facts. As a result, while it successfully explains Japan's low rates of both litigation and arbitration, it can also be used to gain an increased understanding of the relationship between society and the law in other countries. The article will, therefore, be of interest to specialists in Japanese law, practitioners of arbitration and litigation in Asia, and non-specialists interested in the nature of law and its role in society.
Download or read book Dispute Resolution in Asia written by Michael Pryles and published by Springer. This book was released on 2002-10-10 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute Resolution in Asia was first published in 1998 and was one of the few titles to deal exclusively with the Asian region. This second edition is not only an updated version of the first edition but is also an expanded work. Chapters on India and Indonesia have been added. The first chapter presents an overview of dispute resolution in Asia and examines the question whether there is an Asian style of dispute resolution. The remaining chapters focus on twelve particular countries. They are important trading countries or countries which are the recipients of substantial foreign investments. This second edition fills the need for increased information on dispute resolution in a region whose economic importance is still growing. Features: The examination of dispute resolution in 12 countries provides a much wider spectrum of Asian laws and approaches than is traditional in comparative studies; The work provides a broad coverage in terms of its subject matter: The book is not confined to arbitration or litigation but examines arbitration, litigation and mediation; Contributions vary in style and contents and thus reflect the diversity of legal systems and cultures in Asia; Specialists focus on countries with which contributors have particular expertise or experience; Statistics provided on arbitration centres in Asia. Benefits: updated and expanded version of the first edition; a substantial coverage of twelve countries; in addition to chapters on Australia, People's Republic of China, Hong Kong, Japan, Malaysia, The Philippines, Singapore, Taiwan, Thailand, and Vietnam, chapters on India and Indonesia have been added; all the contributors are senior lawyers with vast knowledge and experience of dispute resolution in Asia and are experts in their field; country studies are not limited to arbitration or litigation but examines arbitration, litigation and mediation
Download or read book Dispute Resolution in Asia written by Michael Charles Pryles and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prized by practitioners since the first edition appeared in 1998, Dispute Resolution in Asia provides a much wider spectrum of Asian laws and approaches to dispute resolution than is traditional in comparative studies. It examines arbitration, litigation, and mediation in thirteen countries, with detailed practical essays each written by a senior lawyer with vast knowledge and experience of dispute resolution in his or her own country. Contributions vary in style and content and thus reflect the diversity of legal systems and cultures in Asia. The third edition of this popular book has been expanded by the inclusion of a chapter on Korea and a discussion of investment treaty arbitrations. All chapters have been revised and updated to incorporate recent developments, such as the enactment of relevant new legislation in Malaysia. Statistics on arbitration centres in Asia are also included. As a comprehensive practical guide to the practice and procedure of dispute resolution in the important trading countries of Asia, this book will be of great value to corporate counsel and international lawyers and business people, as well as to students of dispute resolution. For more information on the editor, Professor Michael Pryles, please visit his website http://www.michaelpryles.com
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.
