The OSCE Court of Conciliation and Arbitration
Author: Christian Tomuschat,Riccardo Pisillo Mazzeschi,Daniel Thürer
This volume collects the materials underlying the International Colloquium “Conciliation in the Globalized World of Today“, held on 11 and 12 June 2015 in Vienna under the auspices of the Court of Conciliation and Arbitration within the OSCE. The aim of the Colloquium was to examine the merits and possible shortcomings of this method of conflict resolution, and it concluded that the pros heavily outweigh the cons.
Author: Peter Binder
Publisher: Sweet & Maxwell
Category: Arbitration agreements, Commercial
The first book of its type, this new edition gives you complete coverage of UNCITRAL's Model Law on International Commercial Arbitration and now additionally the new UNCITRAL Model Law on International Commercial Conciliation, giving you all the information that you will need when contemplating arbitration in one of the Model Law Countries and enabling you to ascertain what you can expect in each jurisdiction. policies behind UNCITRAL's Model Laws. This highly specialised and detailed work draws attention to and evaluates the different views on the provisions and their practical implications. (including the world's top ADR locations), Dr Binder gives you a complete picture of global practice. This is a feature unique to this book, and is of essential value to practitioners and enacting governments alike.
Author: Gbenga Oduntan
Africa has experienced a number of territorial disputes over land and maritime boundaries, due in part to its colonial and post-colonial history. This book explores the legal, political, and historical nature of disputes over territory in the African continent, and critiques the content and application of contemporary International law to the resolution of African territorial and border disputes. Drawing on central concepts of public international law such as sovereignty and jurisdiction, and socio-political concepts such as colonialism, ethnicity, nationality and self-determination, this book interrogates the intimate connection that peoples and nations have to territory and the severe disputes these may lead to. Gbenga Oduntan identifies the major principles of law at play in relation to territorial, and boundary disputes, and argues that the predominant use of foreign based adjudicatory mechanisms in attempting to deal with African boundary disputes alienates those institutions and mechanisms from African people and can contribute to the recurrence of conflicts and disputes in and among African territories. He suggests that the understanding and application of multidisciplinary dispute resolution mechanisms and strategies can allow for a more holistic and effective treatment of boundary disputes. As an in depth study into the legal, socio-political and anthropological mechanisms involved in the understanding of territorial boundaries, and a unique synthesis of an African jurisprudence of international boundaries law, this book will be of great use and interest to students, researchers, and practitioners in African and Public International Law, International Relations, and decision-makers in need of better understanding the settlement of disputes over territorial boundaries in both Africa and the wider world.
Author: Malcolm N. Shaw
Publisher: Cambridge University Press
The definitive and authoritative international law text, updated to reflect key case law, international practice and treaty developments.
Author: J. G. Merrills
Publisher: Cambridge University Press
A completely updated edition of a definitive survey of the peaceful settlement of disputes - a key aspect of international law and international relations. Many methods of handling such disputes have been developed, and this book explains what the relevant techniques and institutions are, how they work and when they are used. Separate chapters cover the various diplomatic methods (negotiation, mediation, inquiry and conciliation), the legal methods (arbitration and judicial settlement), the special arrangements for disputes concerning trade or the law of the sea, and the role of the United Nations and regional organisations. The strengths and limitations of each method are illustrated with numerous examples taken from international practice. This new edition deals with many current developments, including the latest UN peace-keeping operations, the work of the WTO and of the International Tribunal for the Law of the Sea, and the latest case-law of the International Court of Justice.
Author: Hersch Lauterpacht
Publisher: The Lawbook Exchange, Ltd.
Lauterpacht, H[ersch]. The Function of Law in the International Community. Oxford: Clarendon Press, 1933. xxvi, 470 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 00-022124. ISBN 1-58477-090-2. Cloth. $90. * Lauterpacht disputes the widely held viewpoint in the international community that international law has inherent limitations and is incapable of unification, and presents his treatise in a well-researched technical format. "While on the surface Dr. Lauterpacht's study is an analysis of the judicial process, it embraces practically the whole philosophy of international law. However, it is less the scope than the manner of handling the subject which makes this book one of the most outstanding contributions to the science of international law." Francis Deak, Columbia Law Review 34:797. Marke, A Catalogue of the Law Collection at New York University 637.
International Law at the Fiftieth Anniversary of the United Nations
Author: Ian Brownlie
Publisher: Martinus Nijhoff Publishers
This volume consists of a carefully edited version of the General Course on Public International Law delivered at the Hague Academy of International Law to commemorate the fiftieth anniversary of the foundation of the United Nations. The author brings to them not only his background of academic distinction, but his experience as a practitioner concerned with major international legal issues. The rule of law in international affairs is a question of perennial concern but it is of greater moment these days for a number of reasons. The active agenda of the Security Council and its relative solidarity creates a paradox. Its increased political power is a source of hope but the modalities of the exercise of power present problems of principle and of legal concern. Another area of concern is the International Court, which has had a successful record since the early eighties and provides one of the guarantees of the maintenance of legality. Recent successes of the Court include the effective resolution of the territorial dispute between Chad and Libya. The general level of compliance with its decisions by States is impressive. Yet its success is matched not by encouragement and enhancement of its facilities but by United Nations financial constraints which hinder its work and, ultimately, may threaten its independence in relation to the political organs of the United Nations.
Author: Nadja Marie Alexander
Publisher: Kluwer Law International B.V.
In its first edition, Global Trends in Mediation was the first book to concentrate on mediation from a comparative perspective - reaching beyond the all-too-familiar Anglo-American view - and as such has enjoyed wide practical use among alternative dispute resolution (ADR) practitioners worldwide. This new edition has not only been updated throughout; it has also added two new jurisdictions (France and Quebec) and a very useful comparative table summarising the salient points from each of the fourteen jurisdictional chapters. Each jurisdictional chapter addresses critical structural and process issues in alternative dispute resolution such as the institutionalisation of mediation, mediation case law and legislation, the range and nature of disputes where mediation is utilised, court-related mediation, mediation practice standards, education, training and accreditation of mediators, the role of lawyers in mediation, online dispute resolution and future trends. All the contributors are senior dispute resolution academics or practitioners with vast knowledge and experience of dispute resolution developments in their countries and abroad.
Institutions and Procedures
Author: John G. Collier,Vaughan Lowe
Publisher: Oxford University Press on Demand
This book surveys the range of procedures for the settlement of international disputes, whether the disputes arise between States or between States and corporations or individuals. It examines non-judicial procedures such as negotiation, mediation, fact-finding, as well as judicial procedures. The emerging principles of procedural law applied in these tribunals are also discussed.
Author: United Nations Commission on International Trade Law
Publisher: United Nations Publications
Category: Business & Economics
This publication sets out the resolution adopted by the UN's General Assembly on Model Law on International Commercial Conciliation for the year 2002, and which was originally defined in the Official Records of the General Assembly, 57th session, supplement 17 (A/57/17) (ISBN 0119891646). The law is aimed at resolving trade disputes between countries, and also aims to enhance conciliation and dispute law in individual countries, by seeking uniformity in the law, and also avoiding lengthy litigation procedures.
Author: A. J. van den Berg
Publisher: Kluwer Law International B.V.
ICCA's Congress Series No. 12, reflecting the contributions of numerous renown arbitration experts to the 2004 ICCA Beijing Conference, commences with an overview of the current international arbitration regime in China and Hong Kong, noting both the progress that has been achieved and the work that remains to be done there. The remainder of the volume comprises two sets of papers on contemporary substantive and procedural issues in international commercial arbitration. The first set contains in-depth reports on the topical subjects of arbitration of foreign investment disputes, the granting of provisional or interim measures with respect to arbitration and the enforceability of awards, supplemented by commentary from the point of view of various specializations and regions. The second, also using the format of reports and commentary, addresses modalities of conciliation and settlement in relation to arbitration, including various non-binding (ADR) processes, issues (drafting step clauses and confidentiality) in integrated dispute resolution systems, which may combine conciliation and arbitration, and the role of arbitrators as settlement facilitators.
Important Contemporary Questions
Author: A. J. van den Berg
Publisher: Kluwer Law International B.V.
The collected papers in ICCA Congress Series no. 11, as reflected in its title, address important contemporary questions in international commercial arbitration. Included are contributions written by participants in the UNCITRAL Working Group on Arbitration and Conciliation on its current work on the requirement of a written form for an arbitration agreement, interim measures of protection and UNCITRAL?s Model Law on International Commercial Conciliation. Further contributions give leading practitioners? views on illegality in the formation and performance of contracts or in the conduct of the arbitration, examining questions on how the arbitral tribunal should deal with these vexed issues and how forgery and fraud may be detected. The factors that lead to acceptance by parties of the decisions of arbitrators are dealt with in contributions on the psychological aspects of dispute resolution. The volume concludes with a series of articles on arbitration under investment treaties written by experienced arbitrators and practitioners, with special emphasis on ICSID and NAFTA and the emerging issues of transparency, accountability and review. Contains lengthy articles on the ongoing work of UNCITRAL on proposed amendments to the UNCITRAL Model Law on International Commercial Arbitration and the recently adopted Model Law on International Commercial Conciliation Details the current thinking on the requirement of an arbitration agreement in writing and how this can be accommodated by the UNCITRAL Model Law and the 1958 New York Convention Addresses the granting of interim measures by arbitral tribunals and their enforcement by national and foreign courts Analyzes issues raised by illegality in the formation and performance of contracts and in the conduct arbitrations and provides a systematic overview of the answers given by legislation, arbitrators and courts Provides insight into the attitudes of arbitrators and parties regarding dispute settlement processes Addresses the changing public perception of arbitration under investment treaties
Author: Eva-Maria Henke
Publisher: GRIN Verlag
Master's Thesis from the year 2009 in the subject Law - Civil Action / Lawsuit Law, grade: 1,5, Stellenbosch Universitiy (Departement of Mercantile Law), course: LL.M. International Trade Law, language: English, abstract: Since international trade and commerce as well as cross-border transactions have grown rapidly the need for effective dispute resolution systems has significantly increased. Alternative Dispute Resolution (ADR) like Mediation and Conciliation serve as an alternative procedures to litigation and can be characterised as dispute resolution based on the consent of the parties. Besides being more cost-effective procedures than litigation Mediation and conciliation offer the opportunity of a settlement truly agreed upon by the parties. To secure a situation where both parties are able and willing to speak frankly over the issues in dispute, confidentiality is a key feature of mediation. This research paper evaluates how confidentiality in mediation is dealt with in different legal systems and whether improvements may be provided by implementation of the Directive on certain aspects of Mediation in Civil and Commercial Matters (hereafter "the Directive") and the UNCITRAL Model Law on International Commercial Conciliation (2002) (hereafter "the Model Law"). After an explanation of the relevant definitions of mediation and confidentiality, confidentiality rules established in typical Common - Law and Civil - Law systems are examined. Exploring the legal basis of confidentiality rules and their exceptions, special reference is made to existing gaps in the rules which cause problems in practice. Afterwards the aims, scope of application and the confidentiality provisions of the Directive as well as existing gaps and challenging matters concerning the Directive and its implementation into national law will be focused upon. Subsequently the Model Law will be considered concerning the same issues as the discussion on the Directive. A final comparison of t
Author: Peter Malanczuk
Category: Political Science
First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.