Regulating Dispute Resolution
DOWNLOAD
Download Regulating Dispute Resolution PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Regulating Dispute Resolution book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Regulating Dispute Resolution
DOWNLOAD
Author : Felix Steffek
language : en
Publisher:
Release Date : 2013
Regulating Dispute Resolution written by Felix Steffek and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Dispute resolution (Law) categories.
This book proposes a principled approach to the regulation of dispute resolution. It covers dispute resolution mechanisms in all their varieties, including negotiation, mediation, conciliation, expert opinion, mini-trial, ombudsman procedure, arbitration and court adjudication. The authors present a transnational Guide for Regulating Dispute Resolution (GRDR). The regulatory principles contained in this Guide are based on a functional taxonomy of dispute resolution mechanisms, an open normative framework and a modular structures of regulatory topics. The Guide for Regulating Dispute Resolution is formulated and commented upon in a concise manner to assist legislators, policy-makers, professional associations, practitioners and academics in thinking about which solutions best suit local and regional circumstances
Mediation
DOWNLOAD
Author : Klaus J. Hopt
language : en
Publisher: Oxford University Press
Release Date : 2018-12-13
Mediation written by Klaus J. Hopt and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-13 with Law categories.
Mediation provides an attractive alternative to resolving disputes through court proceedings. Mediation promises just results in the interest of all parties concerned, a reduction of the court caseload, and cost savings for the parties involved as well as for the treasury. The European Directive on Mediation has given mediation in Europe new momentum by establishing a common framework for cross-border mediation. Beyond Europe, many states have tried in recent years to answer the question whether, and if so, how mediation should be regulated at a national and international level. The aim of this book is to promote the understanding and discussion of regulatory issues by presenting comparative research on mediation. It describes and analyses the law and practice of mediation in twenty-two countries. Europe is represented by chapters on mediation in Austria, Bulgaria, England, France, Germany, Greece, Hungary, Ireland, Italy, the Netherlands, Norway, Poland, Portugal and Spain. The world beyond Europe is analysed in chapters on mediation in Australia, Canada, China, Japan, New Zealand, Russia, Switzerland and the USA. Against this background, further chapters on fundamental issues identify possible regulatory models and discuss central principles of mediation law and practice. In particular, the work considers harmonisation and diversity in the law of mediation as well as the economic and constitutional problems associated with privatising civil justice. To the extent available, empirical research is used as a point of reference in the critical analysis.
Guide For Regulating Dispute Resolution Grdr
DOWNLOAD
Author : Felix Steffek
language : en
Publisher:
Release Date : 2015
Guide For Regulating Dispute Resolution Grdr written by Felix Steffek and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
The Guide for Regulating Dispute Resolution (GRDR) recommends transnational structures and principles for the regulation of dispute resolution in civil and commercial matters. It covers dispute resolution mechanisms in all their varieties, including negotiation, mediation, conciliation, expert opinion, mini-trial, ombudsman procedure, arbitration and court adjudication. The regulatory principles contained in this Guide are based on a functional taxonomy of dispute resolution mechanisms, an open normative framework and a modular structure of regulatory topics. In its development theory, empirical research and regulatory models from 12 jurisdictions in Europe and the wider world have been taken into account. The Guide for Regulating Dispute Resolution is formulated and commented upon in a concise manner to assist legislators, policy-makers, professional associations, practitioners and academics in thinking about which solutions best suit local and regional circumstances. The recommendations are a first attempt to provide guidelines for a value-based and coherent regulation of dispute resolution. Since this is a Herculean task, the principles suggested are only a first starting point to inspire further development. Acknowledgement: This is chapter 2 from the book Regulating Dispute Resolution (Oxford, Hart Publishing, 2013), ISBN: 9781849462587). This contribution is published in this Research Paper Series with the generous and exceptional permission of the rights owner, Hart Publishing.
International Contracts And National Economic Regulation Dispute Resolution Through International Commercial Arbitration
DOWNLOAD
Author : Mahmood Bagheri
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2000-12-06
International Contracts And National Economic Regulation Dispute Resolution Through International Commercial Arbitration written by Mahmood Bagheri and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-12-06 with Business & Economics categories.
The growth of national economic regulation and the process of globalisation increasingly expose international transactions to an array of regulations from different jurisdictions. These developments often contribute to widespread international contractual failures when parties claim the incompatibility of their contractual obligations with regulatory laws. The author challenges conventional means of dispute resolution and argues for an interdisciplinary approach whereby disciplines such as international economic law, conflict of laws, contract law and economic regulations are functionally united to resolve international and multifaceted regulatory disputes. He identifies the normative foundation of contract law as an important determinant in this process, contending that contract law is essentially neutral and underpinned by the concept of corrective justice, while economic regulations are mainly prompted by distributive justice. Applying this corrective/distributive justice dichotomy to international contracts, the author critically assesses major conflict of laws approaches such as `proper law', `the Rome Convention' and `governmental interest analysis', which could disregard either public interest or private rights. The author, taking these theories into account, proposes an alternative two-dimensional interest analysis approach. He tests the viability of this approach with reference to arbitral awards and court decisions in various jurisdictions and concludes that it uniquely fits into the structure of international commercial arbitration. In adopting this approach arbitrators would take into account both corrective and distributive justice, and to the extent that corrective justice prevails, would be able to avert a total failure of the contract.
International Dispute Resolution The Regulation Of Forum Selection
DOWNLOAD
Author : Jack Goldsmith
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2023-09-20
International Dispute Resolution The Regulation Of Forum Selection written by Jack Goldsmith and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-20 with Business & Economics categories.
For situations where the forum selection clause can make all the difference, this book is invaluable. The text shows how parties can mitigate the effects of concurrent jurisdiction ex ante through the use of forum selection clauses in arbitration agreements, and also explains the role of provisional and protective measures in the regulation of forum selection and judicial doctrines that directly regulate "improper" forum selections. Published under the Transnational Publishers imprint.
Regulatory Competition In Contract Law And Dispute Resolution
DOWNLOAD
Author : Horst Eidenmüller
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-08-01
Regulatory Competition In Contract Law And Dispute Resolution written by Horst Eidenmüller and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-01 with Law categories.
In many regions of the world and across various fields, law has become a product. Individuals and companies seek attractive legal regulations and countries advertise their legal wares globally as they compete for customers. To analyse this development and to develop policy recommendations with respect to contract law and dispute resolution a conference was held in Munich in October 2011, bringing together leading scholars in the field of contract law and dispute resolution from the US and Europe. This book presents the papers and main comments produced for that conference. The chapters include important papers on, inter alia, law and economic theory, legal transplants, theories of private law, choice of law, the characterisation of contract law and the English and American civil procedural traditions.
Regulating Forestry
DOWNLOAD
Author : George Hoberg
language : en
Publisher:
Release Date : 1993
Regulating Forestry written by George Hoberg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Forest policy categories.
Bna S Alternative Dispute Resolution Report
DOWNLOAD
Author :
language : en
Publisher:
Release Date : 1987
Bna S Alternative Dispute Resolution Report written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Dispute resolution (Law) categories.
Yale Journal On Regulation Vol 11 No 1
DOWNLOAD
Author :
language : en
Publisher:
Release Date : 1994
Yale Journal On Regulation Vol 11 No 1 written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with categories.
Ohio State Journal On Dispute Resolution
DOWNLOAD
Author :
language : en
Publisher:
Release Date : 2005
Ohio State Journal On Dispute Resolution written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Dispute resolution (Law) categories.