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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: 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: Reena Aggarwal Publisher: ISBN: Category : American depository receipts Languages : en Pages : 60
Book Description
"For a foreign "issuer," the benefits of cross-listing in the United States are extensively documented in the literature. However it is not clear what motivates "investors" to hold American Depositary Receipts (ADRs) rather than the underlying stock of these issuers. The authors address the investors' choice to purchase local shares versus investing in ADRs. Specifically, they analyze the investment allocation decision of mutual fund managers to invest in emerging market firms that are listed in their domestic markets and have also issued ADRs in the United States. Although legal provisions (governance/investor protection) are typically assumed to affect ADRs and their underlying domestic shares equally, investors holding ADRs may have a higher level of legal protection as these securities are issued and traded in the United States. The authors' results are consistent with this "better legal protection" hypothesis as they find that funds prefer to hold ADRs rather than the underlying shares if the issuer is from a country with weak investor protection laws. Also, theoretical models of multiple trading exchanges predict that trading should tend to aggregate in the market with the lowest transaction costs. Similarly, the relative liquidity of an ADR compared to that of its underlying stock should also affect the funds' relative holding of the ADR versus the underlying stock. Consistent with this "ease of transaction" hypothesis the authors find that if an issuer is based in a country with a relatively small stock market, low level of trading volume, and high transaction costs, funds tend to hold a larger proportion of their investments in the ADR. Furthermore, funds hold a larger fraction of their investment in the ADR if the ADR trading volume is high relative to its domestic security trading volume. The results also suggest that ADR listings of local firms might not negatively affect local markets if the investment climate is good. "--World Bank web site.
Author: Luis-Felipe Palacios Publisher: ISBN: Category : Languages : en Pages : 29
Book Description
Determinants of ADR's idiosyncratic risk are examined from the perspective of undiversified investors. Since ADRs enjoy a unique status, vis-agrave;-vis US companies, we study whether determinants of their risk, derived from a two-stage regression model, are different from the one for U.S. firms. For the time period from 1999 through mid 2005, we found that, with the exception of the smallest US stocks in the sample, ADR's idiosyncratic risks are analogous to the ones observed for US firms. Also, ADR's sensitivity to fundamental variables that represent their inner financial structure is similar to US firms.
Author: William K. Roche Publisher: Oxford Handbooks ISBN: 0199653674 Category : Business & Economics Languages : en Pages : 577
Book Description
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.
Author: Lucille M. Ponte Publisher: Delmar Thomson Learning ISBN: Category : Business & Economics Languages : en Pages : 456
Book Description
ALTERNATIVE DISPUTE RESOLUTION IN BUSINESS provides an overview of innovative ADR methods that have been implemented to deal with domestic and international business disputes. This text takes a managerial approach that provides information on various aspects of ADR - such as negotiation, mediation, arbitration - to help managers make educated decisions when faced with choices of trial or ADR.
Author: Publisher: Juris Publishing, Inc. ISBN: 1933833106 Category : Arbitration (International law) Languages : en Pages : 398
Book Description
ADR & the Law is the flagship publication of the American Arbitration Association ® (AAA). It is a one-stop reference for attorneys, business executives, scholars and anyone who needs to track worldwide developments in alternative dispute resolution. Each consecutive volume presents a review of the year's most influential domestic and international ADR case law and legislation, along with expert commentary. The book includes significant court decisions, analysis of current trends, highlights of important domestic and foreign legislation and new ADR rules and procedures. Each volume is an essential addition to a professional library. Each Volume Contains: Significant Decisions by Federal and State Courts Articles on Such Topics as: Employment Labor Mediation Judicial Review Domestic Alternative Dispute Resolution Legislation Significant Decisions by U.S. Courts Concerning International Alternative Dispute Resolution International Alternative Dispute Resolution Developments International Arbitration in Specific Countries
Author: Christian Bühring-Uhle Publisher: Kluwer Law International B.V. ISBN: 9041122567 Category : Law Languages : en Pages : 334
Book Description
"Arbitration and mediation in international business was first published in 1996 and was one of the first comprehensive studies on the practice of international business dispute resolution, covering both international commercial arbitration and the so-called ?alternative? techniques such as mediation. The book also provided an empirical analysis of how both arbitration and mediation are conducted in a crossborder context, along with a normative guide to the relative costs and benefits of these two methods. This second edition is not just an updated version of the first edition but a new book in itself: Benefitting from the contributions of two co-authors, the work has been enhanced by discussions of innovative tools for making settlement negotiations more effective, and by the in-depth analysis of practical techniques to integrate mediation and arbitration in international business. Also, a comprehensive new empirical survey was conducted in order to capture new trends in this rapidly developing field. The result is a ?must have? resource for anyone having to deal with potential conflict in international business relationships."--Publisher's website.
Author: Jean-Claude Goldsmith
Author: Jean-Claude Goldsmith
Author: David B. Lipsky
Author: David B. Lipsky![American Depositary [i.e. Depository] Receipt (ADR) Issues by Japanese Corporations PDF](https://books.google.com/books/content/images/frontcover/SOy3AAAAIAAJ?fife=w80-h100)
Author: Chang-hyun Chi
Author: Reena Aggarwal
Author: Luis-Felipe Palacios
Author: William K. Roche
Author: Lucille M. Ponte
Author: 
Author: Christian Bühring-Uhle