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Author: Matthias Oesch Publisher: Oxford University Press, USA ISBN: 9780199268924 Category : Business & Economics Languages : en Pages : 306
Book Description
This volume is a unique study focussing on the highly controversial issue of standards of review in WTO dispute resolution. Standards of review reflect the extent to which the WTO adjudication bodies can override the decisions taken by national authorities. As such they play a crucial role in shaping the balance of power and responsibility for decisions on factual and legal issues. In this volume, the current state of law and practice is analysed and critically assessed in a commentary on the evolution of, and inconsistencies amongst, the relevant cases.
Author: Matthias Oesch Publisher: Oxford University Press, USA ISBN: 9780199268924 Category : Business & Economics Languages : en Pages : 306
Book Description
This volume is a unique study focussing on the highly controversial issue of standards of review in WTO dispute resolution. Standards of review reflect the extent to which the WTO adjudication bodies can override the decisions taken by national authorities. As such they play a crucial role in shaping the balance of power and responsibility for decisions on factual and legal issues. In this volume, the current state of law and practice is analysed and critically assessed in a commentary on the evolution of, and inconsistencies amongst, the relevant cases.
Author: Arno R. Lodder Publisher: Cambridge University Press ISBN: 1139488546 Category : Law Languages : en Pages : 219
Book Description
Alternative dispute resolution has now supplanted litigation as the principal method of dispute resolution. This overview of dispute resolution addresses practical developments in areas such as family law, plea bargaining, industrial relations and torts. The authors elaborate on the necessary legal safeguards that should be taken into account when developing technology-enhanced dispute resolution and explore a wide range of potential applications for new information technologies in dispute resolution.
Author: Weixia Gu Publisher: ISBN: 9781138823594 Category : Arbitration and award Languages : en Pages : 240
Book Description
In recent years, the Chinese legal system on civil litigation, arbitration and mediation, including their respective laws, regulations, and legal institutions, has undergone many changes. These reforms include, for example, three rounds of Reform Plans of the People's Courts (1998-2013), amendments to the Civil Procedure Law in 2007 and 2012, revisions to rules of China's flagship arbitration institution, the China International Economic and Trade Arbitration Commission (CIETAC), in 2005 and 2012, and promulgation of the People's Mediation Law in 2010. This book focuses on the law and development of these three major dispute resolution mechanisms in China, examining the design and legal framework of civil litigation, arbitration and mediation, their operations, challenges, and past-decade reforms. It also explores the wider contextual factors (political, economic, and societal) that led to these developments and looks at the possible obstacles to further development, for civil justice reform in particular and rule-of-law in general. By examining up-to-date literatures while exploring answers to the academic inquiries, this book provides a thorough analysis of the dynamic contemporary Chinese system of dispute resolution that has on the one hand blended Chinese traditions, socioeconomic and sociopolitical realities, guanxi culture and foreign experience, and has on the other hand developed distinctively to respond to China's market and societal transitions. This book will be an invaluable reference tool for students, scholars and practitioners with an interest in Chinese law, dispute resolution, and broader economic and political dimensions of dispute resolution development in China.
Author: Michael L. Moffitt Publisher: John Wiley & Sons ISBN: 1118429834 Category : Law Languages : en Pages : 580
Book Description
This volume is an essential, cutting-edge reference for all practitioners, students, and teachers in the field of dispute resolution. Each chapter was written specifically for this collection and has never before been published. The contributors--drawn from a wide range of academic disciplines--contains many of the most prominent names in dispute resolution today, including Frank E. A. Sander, Carrie Menkel-Meadow, Bruce Patton, Lawrence Susskind, Ethan Katsh, Deborah Kolb, and Max Bazerman. The Handbook of Dispute Resolution contains the most current thinking about dispute resolution. It synthesizes more than thirty years of research into cogent, practitioner-focused chapters that assume no previous background in the field. At the same time, the book offers path-breaking research and theory that will interest those who have been immersed in the study or practice of dispute resolution for years. The Handbook also offers insights on how to understand disputants. It explores how personality factors, emotions, concerns about identity, relationship dynamics, and perceptions contribute to the escalation of disputes. The volume also explains some of the lessons available from viewing disputes through the lens of gender and cultural differences.
Author: Eileen Carroll, KC (Hon) Publisher: Bloomsbury Publishing ISBN: 1526515849 Category : Law Languages : en Pages : 346
Book Description
Written to celebrate the 30th anniversary of CEDR's emergence as the world's leading independent disputes consultancy, The Mediator's Tale: The CEDR Story of Better Conflicts captures the experience of two leading internationally renowned mediators – and married couple – Eileen Carroll and Karl Mackie. Sharing their personal and professional insights into how we can achieve better conflict management in our professional and personal lives, they highlight key insights into how mediation delivers results, and lessons for conflicts generally. The book: Tells the story of how a young lawyer and a leading academic 'had the courage and sheer guts' necessary to create disruptive change and persuade the legal profession and its clients to embrace mediation Provides advisers and mediators with in-depth explanations for getting results from negotiation and independent intervention Shows how to build trust and make emotional connections while building momentum for settlement Highlights the role of women as conflict resolvers and as early pioneers in conflict resolution, and the links between conflict and diversity – 'What people often mean by getting rid of conflict is getting rid of diversity' Explores the reasons interventions fail and how to avoid failure Illuminates the international development of mediation and its reach into justice systems, human rights, investor-state disputes and international arbitration Outlines leadership skills that will put you in the top 1% of people able to deal with conflict.
Author: Stephen B. Goldberg Publisher: Aspen Publishers ISBN: Category : Dispute resolution (Law) Languages : en Pages : 148
Book Description
This best-selling casebook has already helped thousands of students master the fundamentals of dispute resolution. With its broad, comprehensive coverage & direct, accessible approach, DISPUTE RESOLUTION: Negotiation, Mediation, & Other Processes, Third Edition, is ideally suited for use in the traditional ADR survey course. For each of the three main branches of alternative dispute resolution negotiation, mediation, & arbitration the authors: critically examine the branch & its "hybrid" offshoots present careful explanations giving students a solid foundation for future practice describe & analyze applications & their appropriate environments present hypothetical exercises that allow students to evaluate the technique Scrupulously updated for its Third Edition, DISPUTE RESOLUTION: Negotiation, Mediation, & Other Processes now offers: new social science findings on the effectiveness of mediation new coverage of mediation regulation a new section on mediation in the context of cultural differences more detailed treatment of ethics issue timely material on malpractice liability & non-union arbitration a new appendix providing a Research Guide to ADR new problems of the same high quality the book has always represented For the latest coverage of the most important issues in ADR, you can depend on Goldberg, Sander, & Rogers & their proven-effective casebook, which is accompanied by a solid Teacher's Manual.
Author: Matthias Oesch
Author: Matthias Oesch
Author: Damian Taylor
Author: 
Author: Arno R. Lodder
Author: Weixia Gu
Author: Michael L. Moffitt
Author: Richard Chernick
Author: Eileen Carroll, KC (Hon)
Author: Stephen B. Goldberg
Author: Art Hinshaw