Author: Publisher:
ISBN:
Category : Arbitration and award, International
Languages : en
Pages : 20
Book Description
Guide to WIPO Mediation
Author: Publisher:
ISBN:
Category : Arbitration and award, International
Languages : en
Pages : 20
Book Description
Arbitration in Switzerland
Author: Dr. Manuel ArroyoPublisher: Kluwer Law International B.V.
ISBN: 9041192743
Category : Law
Languages : en
Pages : 3026
Book Description
Arbitration in Switzerland
WIPO Arbitration and Mediation Rules
Author: Guide to WIPO Mediation
Author: World Intellectual Property OrganizationPublisher: WIPO
ISBN: 928052948X
Category : Law
Languages : en
Pages : 40
Book Description
Mediation has proved very successful in achieving a result beneficial to both sides to a dispute. This booklet provides a straightforward introduction to mediation, based on the extensive experience of the WIPO Center. It describes the main features and advantages of mediation and explains how mediation under the WIPO Mediation Rules works in practice, with case examples.
Mediation in International Commercial and Investment Disputes
Author: Catharine TitiPublisher: Oxford University Press, USA
ISBN: 0198827954
Category : Law
Languages : en
Pages : 417
Book Description
Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.
International Arbitration: Law and Practice in Switzerland
Author: Gabrielle Kaufmann-KohlerPublisher: Oxford University Press
ISBN: 0191669199
Category : Law
Languages : en
Pages : 732
Book Description
This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.
Access to Justice in Arbitration
Author: Leonardo de OliveiraPublisher: Kluwer Law International
ISBN: 9789403506913
Category :
Languages : en
Pages : 368
Book Description
Access to Justice in Arbitration Concept, Context and Practice Edited by Leonardo V P de Oliveira & Sara Hourani The exponential growth of arbitration beyond commercial and investment matters, reaching disputes that have traditionally been decided by courts - such as labour and employment, sports, and competition disputes, and those involving human rights violations - raises questions about the impact of this expansion on access to justice. This collection of essays by arbitral practitioners, academics, and arbitral institution officials presents, for the first time, an in-depth analysis of the role access to justice plays in arbitration. Overall, the book assesses how access to justice can be guaranteed in arbitration and, in particular, shows how access to justice works in various types of arbitration. The book and its contributions will be of immeasurable value in determining the practical application of such concerns as the following: when issues of access to justice can be raised in arbitral disputes and when violations of access to justice can be challenged; ramifications of arbitration clauses in contracts; ensuring fairness and efficiency arising from technological innovations applied to arbitration; legal framework applicable to online dispute resolution and blockchain-based arbitration, especially with regard to recognition and enforcement; and access to justice in arbitrations involving sexual harassment. The book concludes with three chapters on access to justice under the rules of arbitral institutions as revealed by studies of the World Intellectual Property Organisation, the Singapore International Arbitration Centre, and the International Centre for Settlement of Investment Disputes. Arbitration provides a final binding decision that can be challenged on very limited grounds; thus, with arbitration settling disputes that were originally a prerogative of the judiciary, securing fairness in such procedures is paramount to the survival of arbitration. For this reason, arbitration practitioners, institutions, and academics will appreciate this deeply-informed analysis and commentary on a crucial aspect of a highly significant and rapidly evolving area of practice.
WIPO Mediation, Arbitration, Expedited Arbitration and Expert Determination Rules and Clauses
Author: World Intellectual Property OrganizationPublisher: WIPO
ISBN: 9280526294
Category : Law
Languages : en
Pages : 146
Book Description
This brochure contains the rules of dispute resolution procedures administered by the WIPO Arbitration and Mediation Center, namely, the WIPO Mediation Rules, the WIPO Arbitration Rules, the WIPO Expedited Arbitration Rules, and the WIPO Expert Determination Rules.
WIPO Arbitration and Mediation Rules
Author: WIPO Arbitration CenterPublisher:
ISBN:
Category : Arbitration and award, International
Languages : en
Pages : 108
Book Description
WIPO Mediation, Arbitration, Expedited Arbitration and Expert Determination Rules and Clauses
Author: World Intellectual Property OrganizationPublisher: WIPO
ISBN: 9280531166
Category : Law
Languages : en
Pages : 142
Book Description
This brochure contains the rules of dispute resolution procedures administered by the WIPO Arbitration and Mediation Center, namely, the WIPO Mediation Rules, the WIPO Arbitration Rules, the WIPO Expedited Arbitration Rules, and the WIPO Expert Determination Rules.