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 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 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 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 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 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 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 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 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 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 Cultures of Conflict Resolution in Early Modern Europe written by Stephen Cummins and published by Taylor & Francis. This book was released on 2017-05-15 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disputes, discord and reconciliation were fundamental parts of the fabric of communal living in early modern Europe. This edited volume presents essays on the cultural codes of conflict and its resolution in this period under three broad themes: peacemaking as practice; the nature of mediation and arbitration; and the role of criminal law in conflicts. Through an exploration of conflict and peacemaking, this volume provides innovative accounts of state formation, community and religion in the early modern period.
Download or read book Combining Mediation and Arbitration in International Commercial Dispute Resolution written by Dilyara Nigmatullina and published by Routledge. This book was released on 2018-06-28 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Securing fast, inexpensive, and enforceable redress is vital for the development of international commerce. In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute resolution approach which offers these benefits. However, to date there has been little agreement on several aspects of the combined use of processes, which the literature often explains by reference to the practitioner’s legal culture, and there is debate as to how appropriate it is for the same neutral to conduct both mediation and arbitration. Identifying the main ways of addressing concerns associated with the same neutral conducting both mediation and arbitration (same neutral (arb)-med-arb), this book examines how effectively these methods achieve the goal of fast, inexpensive, and enforceable dispute resolution, evaluating to what extent the perception and use of the same neutral (arb)-med-arb depends on the practitioner’s legal culture, arguing that this is not a ‘one-size-fits-all’ process. Presenting an empirical study of the combined use of mediation and arbitration in international commercial dispute resolution, this book synthesises existing ways of addressing concerns associated with the same neutral (arb)-med-arb to provide recommendations on how to enhance the use of combinations in the future.
Download or read book The Public Law Private Law Divide written by Mark R Freedland and published by Bloomsbury Publishing. This book was released on 2006-03-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions brought together in this book derive from joint seminars, held by scholars between colleagues from the University of Oxford and the University of Paris II. Their starting point is the original divergence between the two jurisdictions, with the initial rejection of the public-private divide in English Law, but on the other hand its total acceptance as natural in French Law. Then, they go on to demonstrate that the two systems have converged, the British one towards a certain degree of acceptance of the division, the French one towards a growing questioning of it. However this is not the only part of the story, since both visions are now commonly coloured and affected by European Law and by globalisation, which introduces new tensions into our legal understanding of what is "public" and what is "private".
Download or read book Yearbook Commercial Arbitration Volume XXXV 2011 written by Albert Jan Van Den Berg and published by Kluwer Law International B.V.. This book was released on 2011-12-15 with total page 620 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.
Download or read book The Dynamism of Civil Procedure Global Trends and Developments written by Colin B. Picker and published by Springer. This book was released on 2015-11-11 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows the surprising dynamism of the field of civil procedure through its examination of a cross section of recent developments within civil procedure from around the world. It explores the field through specific approaches to its study, within specific legal systems, and within discrete sub-fields of civil procedure. The book reflects the latest research and conveys the dynamism and innovations of modern civil procedure - by field, method and system. The book’s introductory chapters lay the groundwork for researchers to appreciate the flux and change within the field. The concluding chapters bring the many different identified innovations and developments together to show the field's ability to adapt to modern circumstances, while retaining its coherence even across different legal systems, traditions, fields and analytic approaches. Specifically, in this book the presence of dynamism is explored in the legal systems of the EU, France, the US, Brazil, Australia, the UK and China. So too that dynamism is explored in the contributions’ analyses and discussions of the changes or need for change of specific aspects of civil procedure including litigation costs, class actions, derivative actions, pleadings, and res judicata. Furthermore, most of the individual contributions may be considered to be comparative analyses of their respective subjects and, when considered as a whole, the book presents the dynamism of civil procedure in comparative perspective. Those discrete and aggregated comparative analyses permit us to better understand the dynamism in civil procedure – for change in the abstract can be less visible and its significance and impact less evident. While similar conclusions may have been drawn through examinations in isolation, employing comparative analytic methods provided a richer analysis and any identified need for change is correspondingly advanced through comparative analysis. Furthermore, if that analysis leads to a conclusion that change is necessary then comparative law may provide pertinent examples for such change - as well as methodologies for successfully transplanting any such changes. In other words, as this book so well reflects, comparative law may itself usefully contribute to dynamism in civil procedure. This has long been a raison d'être of comparative law and, as clear from this book’s contributions, in this particular time and field of study we find that it is very likely to achieve its lofty promise.
