Author : Peter Quayle
Publisher : Brill Nijhoff
Page : 0 pages
File Size : 13,37 MB
Release : 2019-06-27
Category : Development banks
ISBN : 9789004396661
This second volume of the AIIB Yearbook of International Law examines a series of overarching themes and relationships regarding the role of international organizations in promoting effective dispute resolution.
Author : Jean-Claude Goldsmith
Publisher : Kluwer Law International B.V.
Page : 690 pages
File Size : 38,80 MB
Release : 2011-01-01
Category : Law
ISBN : 904113414X
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.
Author : Jerome T. Barrett
Publisher : John Wiley & Sons
Page : 330 pages
File Size : 31,88 MB
Release : 2004-10-19
Category : Law
ISBN : 0787975427
A History of Alternative Dispute Resolution offers a comprehensive review of the various types of peaceful practices for resolving conflicts. Written by Jerome Barrett—a longtime practitioner, innovator, and leading historian in the field of ADR—and his son Joseph Barrett, this volume traces the evolution of the ADR process and offers an overview of the precursors to ADR, including negotiation, arbitration, and mediation. The authors explore the colorful beginnings of ADR using illustrative examples from prehistoric Shaman through the European Law Merchant. In addition, the book offers the historical context for the use of ADR in the arenas of diplomacy and business.
Author : Don Rodney Junio
Publisher : Springer Nature
Page : 222 pages
File Size : 27,45 MB
Release : 2020-07-13
Category : Education
ISBN : 3030520145
This book constitutes the refereed proceedings of the 11th International Development Informatics Association Conference, IDIA 2020, held in Macau, China, in March 2020.* The 14 revised full papers presented were carefully reviewed and selected from 43 submissions. The papers are organized in topical sections on ICT4D: taking stock; harnessing frontier technologies for sustainable development; ICT4D discourse, methodologies, and theoretical reflections; the evolving Global Souths. *The conference was held virtually due to the COVID-19 pandemic.
Author :
Publisher :
Page : 680 pages
File Size : 39,67 MB
Release : 2007
Category : Dispute resolution (Law)
ISBN :
Author : C. Mackenzie Brown
Publisher : Routledge
Page : 289 pages
File Size : 24,37 MB
Release : 2012-01-19
Category : Religion
ISBN : 1136484671
Providing new insights into the contemporary creationist-evolution debates, this book looks at the Hindu cultural-religious traditions of India, the Hindu Dharma traditions. By focusing on the interaction of religion and science in a Hindu context, it offers a global context for understanding contemporary creationist-evolution conflicts and tensions utilizing a critical analysis of Hindu perspectives on these issues. The cultural and political as well as theological nature of these conflicts is illustrated by drawing attention to parallels with contemporary Islamic and Buddhist responses to modern science and Darwinism. The book explores various ancient and classical Hindu models to explain the origin of the universe encompassing creationist as well as evolutionary—but non-Darwinian—interpretations of how we came to be. Complex schemes of cosmic evolution were developed, alongside creationist proofs for the existence of God utilizing distinctly Hindu versions of the design argument. After examining diverse elements of the Hindu Dharmic traditions that laid the groundwork for an ambivalent response to Darwinism when it first became known in India, the book highlights the significance of the colonial context. Analysing critically the question of compatibility between traditional Dharmic theories of knowledge and the epistemological assumptions underlying contemporary scientific methodology, the book raises broad questions regarding the frequently alleged harmony of Hinduism, the eternal Dharma, with modern science, and with Darwinian evolution in particular.
Author : James S. Kakalik
Publisher : RAND Corporation
Page : 0 pages
File Size : 48,90 MB
Release : 1996
Category : Arbitration and award
ISBN : 9780833024756
This study found that, once litigation had begun, referral to ADR was not a panacea, nor was it detrimental.
Author : Jie Zheng
Publisher : Springer Nature
Page : 376 pages
File Size : 40,47 MB
Release : 2020-10-03
Category : Law
ISBN : 3030541207
This book discusses how technological innovations have affected the resolution of disputes arising from electronic commerce in the European Union, UK and China. Online dispute resolution (ODR) is a form of alternative dispute resolution in which information technology is used to establish a process that is more effective and conducive to resolving the specific types of dispute for which it was created. This book focuses on out-of-court ODR and the resolution of disputes in the field of electronic commerce. It explores the potential of ODR in this specific e-commerce context and investigates whether the current use of ODR is in line with the principles of access to justice and procedural fairness. Moreover, it examines the major concerns surrounding the development of ODR, e.g. the extent to which electronic ADR agreements are recognized by national courts in cross-border e-commerce transactions, how procedural justice is ensured in ODR proceedings, and whether ODR outcomes can be effectively enforced. To this end, the book assesses the current and potential role of ODR in resolving e-commerce disputes, identifies the legal framework for and legal barriers to the development of ODR, and makes recommendations as to the direction in which practice and the current legal framework should evolve. In closing, the book draws on the latest legislation in the field of e-commerce law and dispute resolution in order to make recommendations for future ODR design, such as the EU Platform-to-Business Regulation on Promoting Fairness and Transparency for Business Users of Online Intermediation Services (2019) and the United Nations Convention on International Settlement Agreements Resulting from Mediation (2018), which provide the legal basis for ODR’s future development.
Author : Neelam Tyagi
Publisher : Springer Nature
Page : 331 pages
File Size : 21,9 MB
Release : 2021-04-05
Category : Law
ISBN : 9811610150
This book examines the practice of Alternative Dispute Resolution (ADR) as it stands today in the context of matrimonial disputes and for providing gender justice for women undergoing matrimonial litigation. ADR is a fairly recent but increasingly prevalent phenomenon that has significantly evolved due to the failure of the adversarial process of litigation to provide timely resolution of disputes. The book explores the merit and demerit of traditional litigation process and emergence, socio-legal framework, work environment and success rate of various ADR processes in general and for resolving matrimonial disputes in particular. It comprehensively discusses the role of various institutions and attitudes and perceptions of ADR practitioners. It analyzes the influence of patriarchal cultural assumptions of appropriate feminine behaviour and its effect on ADR practitioners like mediators and counsellors that leads to the marginalization of aggrieved woman’s issues. With a brief analysis of the experience and challenges faced with the way the ADR process is conducted, the focus is on probing the vulnerability of aggrieved women. The book critiques the practice of ADR as it is today and offers constructive ways forward by providing suggestions, insights, and analysis that could bring about a transformation in the way justice is delivered to women. This in-depth study is an attempt to guide decision making by bringing forth and legitimizing the battered women’s voice which often goes unrepresented, in the debate about the efficacy of ADR mechanism in resolving matrimonial disputes. The book is of interest to those working for justice for women, particularly in the context of matrimonial disputes -- legal professionals, mediators, counsellors, judges, academicians, women rights activists, researchers in the field of gender and women studies, social work and law, ADR educators, policymakers and general readers who are inclined and interested in bringing a gender perspective to their area of work.
Author : Stavros Brekoulakis
Publisher : Kluwer Law International B.V.
Page : 569 pages
File Size : 21,86 MB
Release : 2016-06-24
Category : Law
ISBN : 9041170065
The School of International Arbitration of the Centre for Commercial Law Studies at Queen Mary University of London celebrated its 30th anniversary in April 2015 with a major conference featuring presentations by 35 international arbitration practitioners and scholars from many countries representing a variety of legal systems. This volume has emerged from that conference. What is striking is not only the range and diversity of the topics examined but also the emergence of new subjects for examination, demonstrating that arbitration law and practice do not stand still but are constantly evolving. The issues and topics covered include the following: - Evolution of case law and practice in international arbitration; - The concept and autonomy of arbitral award; - Parties in international arbitration; - Parallel proceedings in international arbitration; - Court review of arbitration awards; - Geographic expansion of international arbitration; - Counsel regulation and conflicts disclosures; - The use of technology in international arbitration; - Teaching and research in international arbitration. This superbly organised and edited volume, like earlier conference volumes from the School of International Arbitration, is sure to be welcomed and acclaimed, and like them will prove of lasting value.
