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Author: Catherine A. Rogers Publisher: Oxford University Press, USA ISBN: 9780198713203 Category : Law Languages : en Pages : 0
Book Description
International arbitration is a remarkably resilient institution, but many unresolved and largely unacknowledged ethical quandaries lurk below the surface. Globalization of commercial trade has increased the number and diversity of parties, counsel, experts and arbitrators, which has in turn lead to more frequent ethical conflicts just as procedures have become more formal and transparent. The predictable result is that ethical transgressions are increasingly evident and less tolerable. Despite these developments, regulation of various actors in the system arbitrators, lawyers, experts, third-party funders and arbitral institutions remains ambiguous and often ineffectual. Ethics in International Arbitration systematically analyses the causes and effects of these developments as they relate to the professional conduct of arbitrators, counsel, experts, and third-party funders in international commercial and investment arbitration. This work proposes a model for effective ethical self-regulation, meaning regulation of professional conduct at an international level and within existing arbitral procedures and structures. The work draws on historical developments and current trends to propose analytical frameworks for addressing existing problems and reifying the legitimacy of international arbitration into the future.
Author: Catherine A. Rogers Publisher: Oxford University Press, USA ISBN: 9780198713203 Category : Law Languages : en Pages : 0
Book Description
International arbitration is a remarkably resilient institution, but many unresolved and largely unacknowledged ethical quandaries lurk below the surface. Globalization of commercial trade has increased the number and diversity of parties, counsel, experts and arbitrators, which has in turn lead to more frequent ethical conflicts just as procedures have become more formal and transparent. The predictable result is that ethical transgressions are increasingly evident and less tolerable. Despite these developments, regulation of various actors in the system arbitrators, lawyers, experts, third-party funders and arbitral institutions remains ambiguous and often ineffectual. Ethics in International Arbitration systematically analyses the causes and effects of these developments as they relate to the professional conduct of arbitrators, counsel, experts, and third-party funders in international commercial and investment arbitration. This work proposes a model for effective ethical self-regulation, meaning regulation of professional conduct at an international level and within existing arbitral procedures and structures. The work draws on historical developments and current trends to propose analytical frameworks for addressing existing problems and reifying the legitimacy of international arbitration into the future.
Author: Maria F. Moscati Publisher: Edward Elgar Publishing ISBN: 1786433036 Category : Law Languages : en Pages : 608
Book Description
Comparative Dispute Resolution offers an original, wide-ranging, and invaluable corpus of chapters on dispute resolution. Enriched by a broad, comparative vision and a focus on the processes used to handle disputes, this study adds significantly to the discourse around comparative legal studies. Chapters present new understandings of theoretical, comparative and transnational dimensions of the manner in which societies and their legal systems respond to difficulties in social relations.
Author: Jean-Claude Goldsmith Publisher: Kluwer Law International B.V. ISBN: 904113414X Category : Law Languages : en Pages : 690
Book Description
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: Sherif Seid Publisher: Routledge ISBN: 1351731726 Category : Social Science Languages : en Pages : 285
Book Description
This title was first published in 2002: After the failure of the Multilateral Agreement on Investment (MAI), the world does not have a global investment agreement that would regulate FDI. A global investment agreement dealing with FDI would clearly fill a large gap in the network of regulatory measures governing the world economy. Other attempts had been made prior to the MAI to address this problem, but all have failed so far. The main reason for such failures has always been the lack of compromise in the positions held by the major stakeholders. This book analyses the pros and cons of these opposing positions and uses them as a basis for forging a hybrid model called "Regulated Openness".
Author: Ivano Alogna Publisher: BRILL ISBN: 900444761X Category : Law Languages : en Pages : 567
Book Description
This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints.
Author: Harold I. Abramson Publisher: Ntl Inst for Trial Advocacy ISBN: 9781556818219 Category : Language Arts & Disciplines Languages : en Pages : 476
Author: Hilary Lim Publisher: Zed Books Ltd. ISBN: 1848137206 Category : Law Languages : en Pages : 247
Book Description
In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.
Author: Zamir Iqbal Publisher: World Bank Publications ISBN: 0821399535 Category : Business & Economics Languages : en Pages : 376
Book Description
Although Islamic finance is one of the fastest growing segments of emerging global financial markets, its concepts are not fully exploited especially in the areas of economic development, inclusion, access to finance, and public policy. This volume is to improve understanding of the perspective of Islamic finance on economic development, social and economic justice, human welfare, and economic growth.
Author: Valentino Cattelan Publisher: Edward Elgar Publishing ISBN: 1781002517 Category : Business & Economics Languages : en Pages : 260
Book Description
Highlighting the impact of current globalization on financial markets, this topical book challenges the universality of Western property rights and interprets Islamic finance in Europe as part of a plural financial system, where different conceptions of economic justice(s) co-exist and influence each other. The contributing authors analyse key economic development and social integration issues from an Islamic perspective and outline the European approach to accommodating Islamic finance, with particular regard to the peculiarities of individual nation-states. Set in this context, the book presents financial pluralism as a device to enhance a level playing field in the global marketplace, as well as to foster a plural open society. Providing a comprehensive and methodological guide to Islamic finance in Europe, this book will prove an illuminating and informative read for academics, students and policymakers with an interest in the impact on financial regulation of an increasingly globalized world.
Author: Catherine A. Rogers
Author: Catherine A. Rogers
Author: Maria F. Moscati
Author: Jean-Claude Goldsmith
Author: Sherif Seid
Author: Usman Hayat
Author: Ivano Alogna
Author: Harold I. Abramson
Author: Hilary Lim
Author: Zamir Iqbal
Author: Valentino Cattelan