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Remedies are vital in commercial litigation. Additionally, in commercial law, parties are usually free to choose the forum and law that will govern their disputes. This book aims to shine the spotlight on these issues and look to several new trends and developments emerging on procedural matters relating to dispute resolution. The discussions range freely over national, international, and EU legal dimensions, and the book also comes at an opportune time, with the post-Brexit jurisdiction landscape becoming more definable.This edited volume presents contributions from highly expert and experienced academics and practitioners, collectively examining a broad range of areas relating to the complex and time-consuming issues of resolution and jurisdiction of commercial disputes. The book is divided into three parts: arbitration and ADR, jurisdiction and procedure, and choice of law. Key topics featured include summary procedures in London Maritime Arbitration, reformation of the Arbitration Act, challenges to jurisdiction, stay of proceedings, anti-suit injunctions, the EU-UK judicial space post-Brexit, the application of AI to commercial disputes, and choice of law agreements.Written for lawyers and administrators not only in England and Wales but worldwide - especially Germany, Switzerland, Greece, Canada, Australia, New Zealand, China, Hong Kong, Singapore, and India – the book is also valuable for specialist law libraries in Europe and the US, some specialist maritime law firms in the US, and some university libraries where maritime and shipping law are taught as specialist subjects.

Combining the author's many years of legal practice experience, this book examines the current hot and difficult issues arising in the legal practice of foreign-related commercial disputes in China. The book focuses on the application of the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) in Chinese courts, judicial review of foreign-related arbitral awards, judicial cooperation in cross-border insolvency, and legal relationships in legal disputes over electronic commerce. The book pays close attention to the latest legislative achievements of the international community and their impact on Chinese judicial practice, thus helping to strengthen exchanges and cooperation among countries along the “Belt and Road” and providing more effective rule of law protection for Chinese enterprises “going global”.

The book focusses on applying a holistic overview of interim measures and associated procedures in the context of cross-border private law (civil and commercial) disputes that are the subject of international litigation and arbitration proceedings. It reexamines key features of said problem and outlines novel findings on interim relief in the area of international dispute resolution. The book analyses the rules of EU law (EU law regulations such as the Regulation Brussels Ibis and the rest of the Brussels regime) as the single system of cross-border jurisdictional rules, as well as the rules of international arbitration (both commercial and investment). In the process, it conducts a complete mapping of interim measures problems and explores the criteria for granting relief under national laws. For this purpose, it includes an extensive comparative law overview of many jurisdictions in Europe, Asia, Africa, the Americas, etc., to reveal common standards for granting interim relief. Interim relief is a salient problem in dispute resolution, and serious international disputes usually require requests for such measures. This makes a more complete understanding all the more important. For scholars and practitioners alike, there are various ways to seek relief; precisely this complexity calls for a more complex and multilayered analysis, which does not (as is usually the case) adopt the perspective of either litigation or arbitration, but instead weighs the pros and cons and considers the viability and reliability of the different options, viewed from all angles.

In this book, senior judges and academics at the forefront of transnational commercial law in Asia, Australia, Europe, the US, and elsewhere, reflect on the implications of anti-globalism and the COVID-19 pandemic on international commercial dispute resolution (ICDR).The chapters consider: (1) What types of cross-border commercial disputes will arise in the future and what resources will be needed to respond to them in a cost-effective, time-efficient, and equitable manner? (2) Is there still merit in a multilateral approach to transnational commercial law and ICDR, despite the closing of borders, the rise of protectionism, and the disruption of global supply chains? (3) What reforms and innovations should courts, arbitrators, and mediators contemplate when navigating the post-pandemic landscape? (4) Can the accelerated use of remote technology in ICDR (as prompted by the pandemic) be leveraged to enhance access to justice for all?With a focus on the current crisis in globalism, as well as the associated problems of ensuring justice and fairness in the resolution of cross-border commercial and investment-state disputes along the Belt-and-Road and elsewhere, the book will be an invaluable resource for academics, judges and practitioners alike.

In this book, senior judges and academics at the forefront of transnational commercial law in Asia, Australia, Europe, the US, and elsewhere, reflect on the implications of anti-globalism and the COVID-19 pandemic on international commercial dispute resolution (ICDR).The chapters consider: (1) What types of cross-border commercial disputes will arise in the future and what resources will be needed to respond to them in a cost-effective, time-efficient, and equitable manner? (2) Is there still merit in a multilateral approach to transnational commercial law and ICDR, despite the closing of borders, the rise of protectionism, and the disruption of global supply chains? (3) What reforms and innovations should courts, arbitrators, and mediators contemplate when navigating the post-pandemic landscape? (4) Can the accelerated use of remote technology in ICDR (as prompted by the pandemic) be leveraged to enhance access to justice for all?With a focus on the current crisis in globalism, as well as the associated problems of ensuring justice and fairness in the resolution of cross-border commercial and investment-state disputes along the Belt-and-Road and elsewhere, the book will be an invaluable resource for academics, judges and practitioners alike.

Increasingly, international commercial arbitration has come to resemble the judicial process it was intended to replace, especially in terms of speed, costs and efficiency. Arbitration institutions worldwide have adopted rules or procedures to expedite the arbitral process to address these concerns. This book brings together thirty-one distinguished practitioners, academics and experts in the field from around the world to consider in nineteen chapters how these policies and procedures, including the 2021 UNCITRAL Expedited Arbitration Rules, operate and affect international commercial arbitration, investor-State arbitration and mediation. This book presents diverse and rich perspectives on the variety of methods adopted to provide an expeditious and cost-effective means for dispute resolution while recognizing the due process risks involved. Its comprehensive analysis of the case for expedited arbitration and the principles underpinning it covers such aspects as: expedited arbitration rules adopted by major arbitration institutions; expedited arbitration rules in the ‘ad hoc'(non-institutional) context, including the UNCITRAL Expedited Arbitration Rules and UNCITRAL model clauses; expedited arbitration rules in various geographic regions, including China, Southeast Asia, the Caribbean, and the Middle East, focusing on specific jurisdictions in each region; new ICSID rules on mediation of investor-State disputes; and expedited arbitration-mediation (Arb-Med) in the Far East, focusing on Macau. Arbitrators and parties to international agreements will gain a greater understanding of the issues, options, and consequences that may result from expedited arbitration. Practitioners will benefit from guidance in drafting arbitration clauses and in weighing the advantages and disadvantages of expedited arbitration procedures in various jurisdictions. The insights in this book will benefit international commercial arbitration as its stakeholders seek to return international commercial arbitration to its foundational underpinnings: a prompt, efficacious and cost-effective means of resolving commercial disputes.

Mexico has played a major role in shaping the growth and development of international arbitration practice, in great part due to its global prominence at the competitive forefront of manufacturing, agriculture, telecommunications, finance, real estate, tourism, trade, and commercial transactions, all while crafting its own policies to achieve the energy transition. In addition, its close ties with the United States and Canada, as well as its important business relations with the rest of the world, have made Mexico a leading subject of investment treaty practice. This book, the most comprehensive English book on the subject, offers a thorough practical analysis of arbitration in Mexico in a variety of specific fields as well in-depth description and analysis of the role and attitude of national courts towards arbitration and of national, regional, and international arbitration institutions. Written by the leading lights of Mexican arbitration practice and scholarship, the contributions clearly and succinctly disentangle complex but common issues arising in commercial and investment treaty disputes. Features of Mexico's dynamic body of arbitration law and practice covered include the following: legal framework in which arbitration in Mexico operates; characterization of international arbitration principles by Mexican courts; cases which require decisions by a national court or authority; public policy and arbitrability; authority and duties of the arbitral tribunal; document production in the Mexican arbitration practice; judicial intervention in support of international arbitration; state entities as actors in arbitration disputes; hydrocarbons, power and M&A disputes; use of technology in arbitral proceedings; and quantum and damages. This first comprehensive book in English on arbitration law and practice in Mexico provides an in-depth understanding of all of Mexico's arbitration law and practice nationwide, practical guidance on identifying and assessing the different theoretical and practical legal avenues available, and relevant usages of ADR mechanisms in commercial disputes. It will prove of immeasurable value for arbitrators, judges, in-house counsel, Mexican state-owned companies, global law firms, large- and medium-sized companies doing transnational business, policymakers, and arbitration academics.

This book contributes to the empirical understanding of how arbitrators make their decisions on the substance of commercial disputes arising from international construction projects. It is based on in-depth interviews with 28 international construction arbitrators and on the analysis of dozens of international construction arbitration awards. The combined experience of those who participated in the author's research amounted to hundreds of international construction arbitrations (~ 300 cases) in addition to several hundred international commercial arbitrations.It presents the results of the first and largest research to be undertaken in this area, and it will be useful to arbitration practitioners and scholars and to the wider audience of dispute resolution students, practitioners, and theorists. In turn, the book examines to what extent international arbitrators apply the law as the substantive norm, providing an explanation for that, and then offers insights into whether arbitrators, in fact, lean towards commercial and transnational norms to construe the parties'contract before discussing to what extent international arbitrators take into account fairness considerations to reach their decisions on the merits of the parties'claims. The book also examines to what extent international arbitrators apply mandatory rules of foreign law. Lastly, it provides insight into the effect of arbitrators'background characteristics on their decisions.Written for arbitration practitioners (arbitrators and legal counsel) and scholars, the book will be useful for both experienced arbitrators and those starting their arbitration career or studying for their arbitration qualification. It will also be useful for project professionals involved in contract management and dispute resolution.

The resolution of international commercial disputes poses a considerable challenge. Traditional litigation often results in costly and adversarial proceedings, resulting in damaging not only the financial resources of the parties involved but also causing potential conflicts for vital business collaborations. The need for a more efficient, cost-effective, and amicable alternative to resolve these disputes has never been more pressing, especially for academic scholars and legal practitioners seeking a comprehensive understanding of this complex field. Policies, Practices, and Protocols for International Commercial Arbitration emerges as the definitive solution, and offers a profound overview of international commercial arbitration, enabling scholars and legal enthusiasts to grasp its intricate details. By delving into topics like the significance of Alternative Dispute Resolution (ADR), the nature of arbitration, and the various aspects of international arbitration laws, the book equips readers with the knowledge needed to navigate the evolving landscape of dispute resolution. The book covers the entire spectrum of international commercial arbitration. It offers a roadmap for scholars and practitioners to understand the importance of ADR, unravel the complexities of arbitration agreements, and explore the nuances of enforcing arbitral awards. Furthermore, the book dives deep into international arbitral procedures and provides insights into prominent arbitration cases, enabling readers to make informed decisions and participate in international commerce with confidence. Policies, Practices, and Protocols for International Commercial Arbitration is a powerful tool for academics and legal professionals to acquire expertise in the field of dispute resolution. Through this comprehensive resource, it is possible to expedite dispute resolution, preserve valuable resources, and foster cooperative business relationships on a global scale, making it an invaluable asset for anyone involved in international commerce and law.

Interest in arbitration in Zambia has grown significantly in recent decades due in large measure to the enactment of the Arbitration Act No.19 of 2000 as well as the surge and congestion in state courts of commercial and other disputes. Being a flexible and consensual process, arbitration has proven to be a suitable alternative to court litigation and is now one of the most preferred methods of resolving commercial disputes in Zambia. Handbook on Arbitration in Zambia is the first comprehensive exposition of the practice and procedure of arbitration in Zambia. It provides a historical overview of arbitration in Zambia, highlighting activities undertaken by various stakeholders in popularising the use of arbitration as a dispute resolution mechanism. A brief outline of the concept of arbitration is also included, setting out its benefits and drawbacks and the key steps of the arbitral process. The book also contains a section-by-section commentary on the Zambian Arbitration Act which guides the reader on the procedures governing arbitration in Zambia and illustrates them with examples drawn from decided cases emanating from the country's superior courts. Handbook on Arbitration in Zambia is intended to serve as a suitable reference material to assist students, the bench, and legal practitioners, in better understanding the arbitral process in general and the Arbitration Act No. 19 of 2000.

Global Trends in Dispute Resolution Series, Volume 11 It can be said that negotiation is about what to do, whereas mediation is about how to do it—how to make sure control is in the hands of the disputants. Although mediation (as well as conciliation) is taking hold in dispute resolution worldwide, among the nations, India shows the strongest signs of interest in developing a pervasive legal mediation culture. In this invaluable book, more than 20 formidable thought leaders with global reputations in dispute resolution describe how mediation is used, and can be used, to resolve different types of disputes in India and international cases. With a focus throughout on the law and procedure applicable to conciliation and mediation in India—addressing the involvement of each of the stakeholders in the process (with relevant hints on practice)—the contributors examine such issues and topics as the following: mediator ethics; court-annexed mediation; institutional mediation; mediating commercial disputes; mediating company, insolvency, and bankruptcy disputes; mediating government disputes; mediating investor-state disputes; mediating family disputes; e-mediation; community mediation and citizen empowerment; mixed-mode dispute resolution; and cross-border enforcement of mediated settlements. Two practice-oriented chapters synthesize the process, techniques, and approaches that experienced mediators and mediation advocates have found to be most valuable in their preparation for a mediation. Included is a detailed commentary on Part III of the Arbitration and Conciliation Act 1996 and the 2018 Singapore Convention on Mediation. There is little doubt that mediation is the dispute resolution choice of the next-generation lawyer. Present-day lawyers, judges, and users are becoming increasingly convinced that early conflict resolution through facilitated negotiations avoids the pitfalls of adversarial modes of dispute resolution, especially in terms of user satisfaction. This book takes into account where India stands at present, covering statutes, international conventions, and academic literature, thus bequeathing a broad understanding of the subject for legal practitioners, judges, arbitrators, mediators and conciliators, users, and technical experts who wish to understand it.

The Collection of ICC Arbitral Awards 2016¿2020 contains extracts of cases handled by the ICC Court of Arbitration, one of the world's most respected arbitral institutions. This most recent collection supplements seven previous and successful volumes containing awards from the period 1974 to 2015. This collection is a practical reference tool, containing three types of useful indexes incorporating information from all three volumes: a consolidated analytical table, in both English and French, contains extensive cross-references based on the terminology used in awards and case notes; a chronological index lists the awards; a keyword index, also provided in both languages, allows the reader to locate the material of interest quickly and easily. In addition to providing a wealth of information in a highly accessible manner, this book includes case notes end expert commentaries on the awards. This publication is an indispensable reference work for anyone interested in international arbitration and in the reasoning of international arbitrators on the interpretation and application of contractual clauses, international conventions, and the law of international trade. It is invaluable to both scholars and practitioners involved in the drafting and negotiation of international commercial contracts and the resolution of international commercial disputes.

Commercial Litigation in Anglophone Africa details the broad framework of the private international law rules in operation in each of the sixteen Anglophone jurisdictions considered (Botswana, Gambia, Ghana, Eswatini, Kenya, Lesotho, Liberia, Malawi, Namibia, Nigeria, Sierra Leone, South Africa, Tanzania, Uganda, Zambia and Zimbabwe). The authorsidentify and provide a refined explanation of the law to be applied as it relates to: (i) civil jurisdiction over commercial disputes involving a foreign element; (ii) the enforcement of foreign judgments; and (iii) the availability and nature of the interim remedies, in each of the sixteen jurisdictions addressed. The authors have also provided comprehensive coverage of the potential availability of an anti-suit injunction (in common law jurisdictions) or anti-suit interdict (in Roman-Dutch law jurisdictions).

While few construction cases currently go to trial, it is inevitable that some will. Construction cases, unlike other commercial disputes, present unique challenges. They are typically document intensive and turn on complex technical issues that are beyond the knowledge and experience of lay persons. Presenting a construction case to a jury or other trier of fact requires a myriad of skills ranging from story-telling techniques to a profound understanding of the rules of procedure and evidence, to the use of state-of-the-art graphics and exhibits as well as other tools available to optimize the litigants'abilities to persuade the jury. This trial practice handbook was written by construction lawyers who, collectively, have decades of trial experience, and is focused only on construction cases. The book is generally organized to follow the sequence of a trial. It begins with a chapter on the Art of Persuasion, written by a nationally renowned professor of trial practice who explains the importance of story-telling techniques and how they should be an indispensable part of trial preparation. The book then generally follows the sequence of a trial, with chapters on jury selection, opening statements, direct and cross examination, handling experts and exhibits, jury instructions and closing. There are also chapters that address pre-trial evidentiary motions, enforcement of judgments and preserving the record for appeal.

This Commentary offers an article-by-article examination of the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention), as well as insights into the negotiation process through which the Convention was developed. It provides deep theoretical and practical analysis of the Convention and its consequences for the promotion of mediation as a mechanism to solve commercial conflicts with a cross-border character.Key Features:A comparative approach with perspectives from five continents and a variety of legal traditionsCritical discussion of every stage from the negotiation to the conclusion of the ConventionSound proposals for the Convention's implementation and application by States and regional organisationsContributions from a diverse group of practitioners and academics, including some who were part of the negotiation of the Singapore ConventionThe Commentary will be a crucial resource for practitioners, arbitrators and mediators involved in cross-border commercial disputes, as well as judges in this area. It will also be of interest to scholars working in international commercial law, arbitration and mediation.

With cyber security law being increasingly contentious, organisations require expert assistance to operationalise matters and uphold a necessarily robust security framework. Invaluable for legal practitioners and organisations, this comprehensive text covers both the law and its practical application, helping to ensure that advisers and organisations have effective policies and procedures in place to deal with cyber security. Topics covered range from privacy and security in the workplace and built environment, to social media and cyber security, and international law and interaction between states. Revised and updated, the Second Edition also benefits readers with coverage of new topics including:- The legal risks of generative AI- Cyber security disputes- Data architecture- Social media and cyber security - Non-fungible tokens ('NFTs') as legal property- Cyber security checklist and triageIn addition to contributions from leading international experts, the book also features in-depth reports from industry specialists. Additional context is provided through insights into how the law is developed outside the regulatory frameworks, case law and the role of professional and industry standards for security.This title is included in Bloomsbury Professional's Cyber Law online service.

The IJBF is the only regularly published, truly international, Festschrift bibliography. Since 1983, more than 940,000 articles from more than 42,000 Festschriften, published between 1977 and 2023, have been catalogued.

This book examines the development and significance of sport in contemporary India, one of the fastest growing sports markets worldwide.Featuring multi-disciplinary work from leading Indian scholars in sociology, economics, politics, law and business, the book demonstrates how sports help us to better understand the sociocultural and economic forces that have shaped modern India and are shaping its global, post-colonial future. The book explores many of the key themes in contemporary sports studies, including women in sports and advertisements, doping, commercialisation, nationalism, sports in education and the growth of fantasy sports, and shows how law and society intersect in sports governance. Examining the historical roots of sport in India and, of course, featuring work on India's greatest game – cricket – the book shines new light on the development of this South Asian superpower and on how sport both reflects and shapes wider society.This book will be fascinating reading for anybody with an interest in Indian or Asian history, culture or society, or in sport business, sport development, sports law, or the sociology and culture of sport.

Incoherence is a term that is all too often associated with the public international law regime. To a great extent, its incoherence is arguably a natural consequence of the fragmented nature of both the development and overall scope of the discipline. Despite significant achievements since the Universal Declaration of Human Rights (1948), a coherent human rights regime that is properly integrated with other branches of public international law is still lacking. This book explores this incoherent approach to human rights, including specific challenges that arise as a result of the creation and regulation of legal relationships between parties (state and non-state) that sit outside of the human rights framework, with a view to considering how it may be remedied. Divided into three parts, the collection provides a critical exploration of various challenges and barriers related to the absence of human rights in some instances, contemporary emergence of rights, and a lack of rights fulfilment in others. These three situations are considered within the wider context of, and difficulties facing, a human rights-based approach to international law. Each of the three parts aligns with one of the three prime responsibilities and duties of states in respect of international human rights: to promote, to protect and to fulfil. The contributions represent different perspectives in international law and human rights and how the global agenda of promoting human rights, the rules-based international order and multilateralism requires further strengthening – the lens of incoherence providing a means to understand particular inconsistencies. Chapters focus upon subjects including international investment law, international financial contracts, the arms trade, indigenous peoples'rights, rights of peasants, the right to a clean, healthy and sustainable environment, the right to food and transitional justice. Presenting a critical exploration of key contemporary challenges and the implementation of human rights law in different contexts, the collection will be of interest to a wide-ranging audience of international law and international relations scholars and practitioners, and students of law, politics and globalisation across the world.

This comprehensive volume examines developments in diplomatic technique and changes in the diplomatic and political structures which shape, and are shaped, by international relations and the international order.It provides a comprehensive foundation for understanding the theory, practice and utility of diplomacy showing how diplomatic techniques are used in different contexts and the various tools that are available to policy actors to provide a broad yet deep view of the subject area. Organised around a framework of 11 chapters, the book embraces new ideas and fresh perspectives exploring individual methods such as reorientation, replacement institutions to combat decline or ineffectiveness of existing arrangements, summit conferences, contrasting approaches to economic agreements, and use of secret diplomatic methods, among others. Furthermore, it develops new concepts such as logistics diplomacy, counter diplomacy, parallel diplomacy and the “alternative architecture”, and is widely illustrated with detailed examples including the diplomacy of geopolitics, the conflict over rules for plastics, marine resource disputes, dark trade and sanctions, and influence and strategic surprise.This textbook will be essential reading for all those interested in or studying in the fields of diplomacy, comparative foreign policy, foreign policy analysis, and more broadly, to international relations.

Now in its 61st edition, The Statesman's Yearbook continues to be the reference work of choice for accurate and reliable information on every country in the world. Covering political, economic, social and cultural aspects, the Yearbook is also available online for subscribing institutions.

The German-American relationship is the decisive transatlantic dynamic of our time. Long seen as one of the most stable connections between Europe and America thanks to its well-defined Cold War structure and hierarchy, relations between Washington and Berlin have become much more volatile in the twenty-first century-- and are playing an increasingly pivotal role in determining the degree to which Europe and the United States will be able to shape a rapidly changing world order. Stabilizing this uniquely complicated relationship will be no easy feat. At times more closely aligned politically, and more intertwined economically, than any other transatlantic pair, since the end of the Cold War these republics have seen their relations characterized by frequent diplomatic, cultural and philosophical clashes and misunderstandings, and a trail of disappointed expectations. Peter Sparding examines the long history between the two countries and their peoples; the narratives and perceptions harbored by each nation concerning the other; and the evolution of diplomatic, economic and security ties. Appraising the complicated interplay between Germany and the United States vis-?-vis a rising China, and the domestic challenges facing both countries, his book offers an outlook on how this all-important relationship might function going forward.

While Palestinians continue to face the threat of expulsion from their homes, identifying legal mechanisms that can be used to assert Palestinian's property rights is needed more than ever. This book provides a legal analysis of the right to reparation of Palestinian refugees under international law for the destruction and expropriation of their property during the Nakba. Discussing the legal landscape related to property ownership prior to the creation of the State of Israel and the legal basis for the right to reparation under international law, Lena El-Malak advocates for a law-based approach to enforce this right and the form it should take. The book demonstrates how the legal rights of Palestinian refugees, specifically as related to their properties, have been marginalized and excluded from the political discourse of the “peace process”. Here, the legal rights of Palestinian refugees are demonstrated, challenges for invoking these rights in international and domestic courts are determined, and forms of restitution and compensation outlined. This study offers a timely contribution to provide a comprehensive legal, as opposed to a political, economic or historical analysis, of the right to reparation of Palestinian refugees for their property losses. Additionally, the book seeks to demonstrate the importance of adopting a legal framework in any future negotiation for a peaceful resolution to this long standing struggles for liberation.

In the dynamic and complex world of modern engineering and construction projects, successful execution relies on a seamless integration of design, construction, and project management. Design-Build & EPC Contracting offers an indispensable guide to navigating the intricacies of Design-Build and Engineering, Procurement, and Construction (EPC) contracting. In this comprehensive book, industry experts provide a holistic view of the Design-Build and EPC processes, breaking down their core principles, strategies, and best practices. Whether you're a seasoned professional or a newcomer to the field, this book will equip you with the knowledge and tools needed to thrive in the ever-evolving landscape of construction and engineering projects.Key Features include:An overview of the fundamentals of Design-Build and EPC delivery methodsExploration of the contract types and key clauses utilized on Design-Build and EPC projectsComparison of the similarities and differences between Design-Build and EPC contractsA toolkit of practical advice on related topics such as licensing, insurance procurement and dispute resolution.Design-Build & EPC Contracting is an essential resource for engineers, design professionals, project managers, legal professionals, and anyone involved in the construction and engineering sectors.

This book provides an up-to-date and comprehensive institutional analysis of online dispute resolution (ODR), with a focus on the developments in China as well as their doctrinal and practical implications globally.In the book, a wide range of ODR mechanisms, including online arbitration, online litigation, online mediation, crowdsourced ODR, and blockchain escrow services and more, are thoroughly examined and compared through an original analytical framework that highlights the evolutionary trajectories of dispute resolution in the digital era. The author leverages several empirical studies and her experience working with the Supreme People's Court on formulating the rules for online courts. She presents an insightful, panoramic overview of ODR practices across Chinese courts, arbitration commissions, and online businesses, including detailed case studies and critical analyses of major digital platforms such as Taobao and the internet courts, which informs not only a new conception of justice adapted to the internet society but also different developmental paths for both established and emerging methods of ODR.This book will appeal to scholars, practitioners and policymakers with an interest in online dispute resolution, online courts, law and technology, as well as digital platforms and the internet economy.

This book offers a comprehensive overview of the relationship between Foreign Direct Investment (FDI) regulation and sustainable development in Bangladesh.It is widely accepted that FDI-induced development is essential for the growth of undeveloped economies, but it can create a conflict between the investors'goal of profit maximisation and the host state's pursuit of economic gains. FDI-induced development is especially important for the economy of Bangladesh, the focus of this book, which argues that a balanced regulatory approach is necessary to ensure that FDI benefits all stakeholders. In examining Bangladesh's FDI regulatory regime, the authors reveal that it is investor-centric and lacks a development-oriented approach. They discuss the relevant laws, practices, mechanisms, and institutions that govern the entrance regulations and incentives for foreign investment, as well as the protection of the environment and human rights, with special attention to labour rights, involuntary displacement, and the protection of both the investors and the state in which they invest. From this analysis, the book recommends reforms to introduce development as a primary goal while maintaining Bangladesh's appeal as an FDI destination.The book will be of interest to researchers, students, and academics in the fields of economics, politics, sustainable development, and economic growth. It will also be of great interest to FDI strategists, policymakers, negotiators, administrators, and legislators in creating a balanced regulatory regime to attract FDIs for development.

Charts the emergence and development of capitalism across the world from a variety of perspectives, providing a deep understanding of how capitalism came to be the dominant economic force.This book re-examines the historical emergence and evolution of capitalism. Why did a radically new way of organizing economic life emerge in regions of the early modern world? Why did it eventually encompass the globe, tying the peoples of the world together in a common economic fate? These questions have been at the heart of historical and social-scientific inquiry since the nineteenth century. They are explored and answered anew by the scholars gathered together in this geographically and theoretically capacious volume. The chapters explore the emergence and development of capitalism in Africa, Western Europe, Eastern Europe, South Asia, East Asia, North America, and the Atlantic world, and they engage with many of the major intellectual approaches for understanding capitalism, from the New Institutional Economics to world-systems theory.The authors share a common commitment, but not a common approach, to understanding the historical development of capitalism. They believe that the emergence and evolution of capitalism must be understood by examining the concrete conditions of socioeconomic life in a particular country, empire, or region, and that such empirically and archivally driven historical analysis must be combined with theoretical discussion of the concepts and categories used to make sense of capitalism and its dynamics.This work offers different accounts of capitalist development across and within major regions of the world. It is a histories of, rather than a history of, capitalism. As such, it introduces readers to new historical research on capitalist development in different regional and national contexts and to several significant intellectual approaches for understanding what Max Weber called'the most fateful force of our modern life.'ROBERT G. INGRAM is Professor of Humanities at the University of Florida.JAMES M. VAUGHN is Assistant Instructional Professor in the Social Sciences Collegiate Division at the University of Chicago.Contributors:Gareth Austin, Ralph Austen, Peter Coclanis, Tracy Dennison, C. Alexander Evans, Emma Griffin, Robert G. Ingram, Anirban Karak, John Majewski, Mark Metzler, Kenneth Pomeranz, J. Mark Ramseyer, Tirthankar Roy and Horus T'an

This book analyses the legal obstacles associated with the advancement of unitization processes and procedures at a national, domestic level.It uses case studies of identified jurisdictions with relevant States practice and unitization experience in terms of the domestic legal framework and practices. For experience in unitization, the book will focus on the following countries: the United States, Canada, the United Kingdom, Norway, Brazil, Mexico, Ghana and Nigeria. Focusing on best practices which have influenced the development of the unitization concept, the book looks at the formulation of different models and operating agreements, and their potential impact on unexplored hydrocarbon resources, particularly in cases where unitization is necessary.The book will be of interest to practitioners, scholars and students in the field of natural resource law, international law and unitization.

How politics in America works today, how it got that way, and how it's likely to change through reform—these are the themes that pervade every chapter of Cal Jillson's highly lauded American Government: Political Development and Institutional Change. Even in the midst of current challenges, America's past is present in all aspects of the contemporary political system. Jillson uses political development and the dynamics of change as a thematic tool to help students understand how politics works now—and how institutions, participation, and policies have evolved over time to produce the contemporary political environment. In addition, Jillson helps students think critically about how American democracy might evolve further, focusing in every chapter on reform and further change.New to the Thirteeenth Edition Assesses the results of the Biden administration and the impact on the 2024 campaign of Biden's unexpected replacement by Kamala Harris at the top of the ticket. Describes numerous ways in which the American political system has been affected by recovery from the Covid-19 pandemic, the demise of Roe v. Wade, inflation, and the border. Assesses the implications of the January 6, 2021 attack on the Capitol, the Trump trials, and what they mean for our political culture and partisan politics. Assesses the implication of'fake news'and'the move to mobile'for our politics.Explores the evidence for increasing polarization in public opinion, voting behavior, and the work of Congress and the courts. Details the impact that the Russian invasion of Ukraine and the war in Israel and Gaza had on U.S. foreign policy and national security alliances.

Die Rechtswahlfreiheit stellt eines der Grundprinzipien des europäischen Kollisionsrechts dar. Für sog. Inlandssachverhalte findet diese in Art. 3 Abs. 3 Rom I-VO ihre Grenze. In diesen Fällen bleiben die Parteien an zwingendes inländisches Recht gebunden. Anlässlich jüngerer Rechtsprechung des Englischen Court of Appeals gilt es, sich näher mit dieser Regelung auseinanderzusetzen, die im Spannungsfeld zwischen dem staatlichem Regulierungsanspruch und der Gestaltungsfreiheit der Parteien steht. Hierbei werden Maßstäbe für die Feststellung eines Inlandssachverhalts entwickelt, die sodann auf in Praxis und Literatur diskutierte Fallbeispiele angewendet werden.

Exploring the intricate relationship between law, economics, and global politics, this book examines the regulatory environment of the aviation industry.Tracing the historical development of aviation law, the book has a particular focus on how economic polycentrism and the liberal international economic order have influenced the sector's regulatory framework. It discusses the aviation industry's responses to unforeseen global events, such as the COVID-19 pandemic and geopolitical conflicts, providing a detailed analysis of the legal mechanisms that ensure industry stability and resilience. Key topics include the role of arbitration in resolving disputes, the impact of international regulations, and the critical contributions of both public and private actors in shaping aviation law. Additionally, the book explores the challenges posed by new and emerging technologies, such as the increasing automation in aviation systems and the legal considerations surrounding cybersecurity in aviation operations. The collection also features diverse international case studies, offering practical examples of legal challenges and solutions in different contexts. By examining the intersection of various legal disciplines and the global nature of aviation, this comprehensive exploration not only reflects on past and present challenges but also provides forward-looking insights into the future of aviation law.The book will be of interest to researchers in the field of air transport law and dispute resolution, offering a thorough understanding of the legal and economic complexities facing the industry today.

This groundbreaking volume explores how culture produced in Spain, from the nineteenth century to the present, both reflects and shapes ways of understanding the history and heritage of a nation sustained by colonialism and slavery. Akiko Tsuchiya and Aurélie Vialette bring together an outstanding group of scholars, artists, cultural producers, and activists in a range of fields—from history to literary studies, anthropology to journalism, and flamenco to film. Drawing on interdisciplinary and comparative methodologies, contributors address the legacies of slavery in the archive; in cultural memory sites; and in literature, music, and visual arts. How, they ask, do different cultural forms and institutions represent and reckon with this past and push for justice in the face of persistent racial discrimination? In its focus on collective memory and the cultural afterlives of slavery and antislavery, Cultural Legacies of Slavery in Modern Spain will appeal not only to Iberian and Latin American specialists but also readers across Afro-Hispanic, postcolonial, transatlantic, and critical race studies.

FIDIC 2017: A definitive guide to claims and disputes second edition serves as a practical legal companion for managing the procedures for claims and disputes within the 2017 FIDIC suite of contracts. It is the first book to present a comprehensive treatment of the multi-tiered dispute avoidance and resolution process. The book explains each stage of the process and includes numerous flowcharts and worked procedural examples to facilitate understanding. Fully revised and updated, this edition includes 2022 amendments to the FIDIC contracts and reforms to adjudication practice; worked procedural examples; provisions within the FIDIC Green Book (Second Edition 2021); recent court decisions and arbitral awards worldwide, and commentary on the World Bank's Standard Bidding Documents. Included in this definitive reference the distinct functions and powers of the Dispute Adjudication/Avoidance Board (DAAB) to avoid disputes techniques to achieve amicable resolution of claims and disputes full coverage of typical court enforcement powers and FIDIC's preferred arbitral procedure the operation of FIDIC contract provisions under a variety of civil, common law and mixed legal systems, drawing on court decisions and arbitral awards worldwide. FIDIC 2017: A definitive guide to claims and disputes second edition is an indispensable resource for professionals engaged with the FIDIC contracts. This comprehensive reference serves both construction professionals including engineers, surveyors and consultants as well as legal professionals including lawyers, adjudicators and chartered arbitrators.

This third edition bridges the theory behind why conflict occurs with specific skills and tools to transform difficult interpersonal encounters into beneficial, constructive exchanges.Providing an understanding of the common causes of conflict, this edition continues its discussions of causes of conflict, what affects how conflict occurs and unfolds, and strategies to manage conflict. Separate chapters are dedicated to examining conflict in common, everyday contexts such as families, friendships, the workplace, or on social media. This edition also features updated information and examples, further connections between conflict and communication, a revised chapter on conflict in close relationships, as well as a new chapter on intercultural conflict.The book is ideal for introductory conflict and communication courses at the undergraduate or graduate level.An instructor manual, significantly updated as well, is also available online, including summaries of the chapters, activities, a test bank, and sample syllabi and assignments. Please visit www.routledge.com/ 9781032412412

The global energy sector is in flux, transitioning from reliance on fossil fuels to clean energy sources at an unprecedented pace. This book explores the complex interplay between this transition and international investment law. The book navigates the tension between attracting crucial and expensive investments in clean energy and protecting a state's right to regulate its energy sector for environmental and other reasons. It analyses how international treaties and investment arbitration tribunals are evolving to address these challenges, examining how the scope of investment protection is being redefined and the delicate balance between stability and regulatory flexibility is being recalibrated. The book delves into this complex landscape, exploring how established legal frameworks, especially international investment law, grapple with the unique characteristics of renewable energy, critical minerals, and rapidly evolving technologies. While offering a roadmap for the current energy transition, the book also identifies unanswered questions. It paves the way for further discussion on critical mineral supply chains and the future of international investment law in a transformed energy landscape.

This open access book consolidates a collection of scholarly papers presented at the academic conference titled'Corporate Human Rights Responsibility in OECD Case Law: Actors, Issues, Responsibilities, and Remedies', held on 4 and 5 May 2023. The conference was organized by the OECD Case Law Project at Friedrich-Alexander-Universität Erlangen-Nürnberg. The book is divided into three sections. The first examines how NCP cases interpret corporate responsibilities, including financial institutions, on human rights and environmental issues, focusing on climate change and conflict-affected zones. It also highlights how OECD cases address corporate accountability and its impact on the revised OECD Guidelines and the EU Corporate Sustainability Due Diligence Directive (CSDDD). The second section critically evaluates the NCP mechanism's effectiveness, assessing whether it provides substantive remedies and how well NCP mediation resolves disputes. It offers both quantitative and qualitative analysis of the grievance processes in line with UNGP effectiveness criteria. The third section explores the NCP's role in global corporate responsibility frameworks, particularly its potential influence on shaping mandatory due diligence obligations through frameworks like the CSDDD, reinforcing corporate accountability in international business practices. Additionally, the book offers key recommendations for policymakers, NCP experts, and practitioners on improving the NCP system to ensure more meaningful outcomes for human rights violations.

This book examines the operation of the rule of law in the non-liberal democracy of Singapore.The rule of law in Singapore has been both lauded for anchoring efficient and effective government and lambasted for being procedural and statist. 21st-century Singapore has experienced modest political liberalisation, manifesting a paternal democracy where the governor-governed relationship is evolving, from a'father knows best'paternalistic mindset to a more consultative approach to governance, where dialogue rather than diktat is the norm in a post-deferential era. The Singapore case study helps pluralise the rule of law as a universal principle which moderates power, and may be variously implemented. The book examines the reception of the rule of law within the Singapore legal order, and how it interacts with constitutional principles like the separation of powers and democracy in the design of constitutional institutions and forging of structural and rights-oriented judicial review. It considers how the rule of law, contoured by legal communitarianism, sustains a managed democracy in relation to legislation governing internal security, public assemblies, religious harmony and online falsehoods. It questions whether the chilling of political speech by strict laws on political defamation and contempt of court has been significantly defrosted by important developments which seek ordered liberty through a more calibrated form of review.Lucid and engaging, this book will be of interest to researchers working in constitutional law.

This open access book explains the factors that cause the poor functioning or failure of certain legal institutions or the success of others in the current Hungarian legal system after the 2010 transition from liberal to illiberal/populist democracy. The authors argue in most regulatory areas that reform is needed in lawmaking or in the application and practice of law, because there are systemic problems with the law's capacity for doctrinal resilience, which lead to the primacy of other regulators than law, such as the populist politics. An understanding of these processes is essential for the implementation of sound law and legal policy reforms, for the maintenance of the legal guarantee system and for the successful development of institutions protecting and providing the fundamental rights. The volume documents how the Hungarian legal system changed after 2010, on the one hand, and conceptualises these changes with the help of ‘resilience', on the other hand.

This valuable book provides the latest review and analysis on franchise and distribution law in one comprehensive, easy-to-use resource. Every franchise attorney will find this a convenient source for staying current on the latest franchise and distribution cases.Topics include:Franchise DefinitionsRegistration and DisclosuresRelationship, Termination and RenewalIntellectual PropertyCommon LawAntitrustFederal IssuesState Issues LitigationInternational Franchising

The history of Europe is marked not only by violence and division but also by efforts to reduce the destructiveness of war. In this volume, the authors explore the meaning of ‘Europe'within war and peace discourses from the eighteenth to the twentieth centuries. They examine imagined wars, the post-1815 security order, the portrayal of Russian and Muslim'Others,'double standards in international law, pacifist rhetoric, and the role of ‘Europe'in war propaganda and resistance movements. The authors demonstrate how both war and peace practices have shaped the concept of ‘Europe'over time.

This book discusses the importance of the digital economy and its most pressing challenge: the onset of quantum and critical technology. It looks at how its implementation, either on its own or coupled with artificial intelligence, impacts commercial and arbitration law.International trade and investment are increasingly being integrated within national security policy and the law to protect the nation state. A failure to safeguard personal and commercial data will allow other state and non-state actors to set the rules that do not align with the values of the rule of law and transnational rules-based system. This book argues that it is necessary to establish a principles-based approach to governing the development and use of these technologies. Chapters touch on the application of smart contracts, arbitration, as well as mergers and acquisitions and their potential weaponisation in the digital economy due to their ability to transcend national security. Elements of intellectual property, particularly patents and trademarks, and how international legal instruments have directed national law-making are also explored.This is a useful reference for governments, regulators, legal, technologists and policy experts. This is also of interest to scholars looking at personal and commercial data in relation to intellectual property, contracts and international commercial arbitration law.

The Jackson ADR Handbook^r was written to fulfil a recommendation by Lord Justice Jackson that there should be an authoritative handbook on alternative dispute resolution (ADR). The first edition, published in 2013, laid a strong foundation as an authoritative guide to ADR, receiving judicial endorsement from the Court of Appeal. Subsequent editions built upon that success, becoming a syllabus text prescribed by the Bar Standards Board. The use of ADR continues to be embedded in dispute resolution in England and Wales, with the Master of the Rolls and the Ministry of Justice implementing reforms that place the use of ADR alongside litigation. This revised fourth edition integrates important new case law, including the landmark case of Churchill v Merthyr Tydfil Borough Council [2023], in which the Court of Appeal decided a court can order parties to engage in a non-court based dispute resolution process, provided the right to a trial remains. Key changes in court rules and pre-action protocols are also covered. Designed with a concise, user-friendly format, the text provides an in-depth overview of the options and principles for ADR, placing them firmly within the context of litigation, and looking in detail at the relevant court rules and legal principles, such as privacy and legal professional privilege, as well as practical topics such as how to prepare for and what happens during mediation and recording and enforcing settlements.

'Mahatma Gandhi Truth Journey'offers a compelling exploration of Gandhi's evolution from a reserved lawyer to an iconic figure of peaceful resistance and moral leadership. The narrative artfully weaves together Gandhi's personal experiences and philosophical development, focusing on his revolutionary concepts of nonviolence (ahimsa) and truth-seeking (satyagraha). Through intimate accounts and thoughtful reflection, the book reveals how Gandhi's exposure to diverse religious traditions and his experiences in both South Africa and India shaped his universal approach to spirituality and social change. The book's chronological progression traces Gandhi's remarkable journey, beginning with his formative years and education, through his transformative work in South Africa, and culminating in his pivotal role in India's independence movement. What makes this account particularly valuable is its emphasis on the interconnection between personal moral development and societal transformation. Gandhi's methodical approach to testing ethical principles in real-world situations provides readers with practical insights into implementing nonviolent resistance in their own lives. Each chapter seamlessly combines personal anecdotes with philosophical insights, demonstrating how Gandhi's principles bridge Eastern and Western thought. The book's contemplative yet accessible style makes complex concepts understandable while maintaining their depth and significance. For students of social movements, peace activists, and those interested in personal growth, this work offers both practical guidance and inspiring examples of how individual truth-seeking can catalyze broader social change through nonviolent means.

Unlike any other book for trial lawyers, this book covers the gamut - updated practical advice about every aspect of a trial lawyer's skill set. In a straightforward, approachable style, the author, a veteran trial lawyer and mentor, provides numerous pearls of wisdom, practice checklists, and what effective litigators eventually learn on the job. This portable mentor will fast-track any trial lawyer's career.Litigation is a challenging profession. It demands not only intellectual ability but attention to detail, perseverance, creative problem-solving, persuasiveness, focus, integrity, and the ability to press the client's position with zeal while maintaining sufficient detachment to provide the objective, independent advice the client requires. How to Succeed as a Trial Lawyer, Third Edition is an invaluable guide to each of these requirements and more.Topics covered:effective and ethical use of artificial intelligencestrategies for in-person and remote depositions, mediations, and arbitrationscompliance with updated ethical rulesstrategic implementation of the most recent amendments to the Federal Rules of Evidencedealing with clients and others in a trial lawyer's professional lifeprinciples applicable to all legal writingdrafting emails, letters, internal memos, pleadings, motions, and briefsall aspects of discovery, including e-discoveryhow to try a case, from jury selection through closing argumentthe art of persuasiondealing with ethical issuesdealing with stressmarketing a law practice

The COVID-19 pandemic caused widespread disruption and rapid change, impacting public policy with unprecedented impact globally, nationally, regionally, and locally. All facets and groups within society were affected, and the aftermath of this is still being felt. Stemming from the international meeting, “Disaster Management: Global Pandemic and Its Impact” held in Binghamton University, New York on Jan. 23-25, 2023, this volume of the Contributions to Conflict Management, Peace, Economics and Development series features an international authorship discussing a wide array of key topics. Shining light on the issues emphasized during the COVID-19 pandemic, from the European Union, energy, and the environment, dietary factors and sleep, crime, leadership, online dispute resolution, to risk perception, biopower and trust, COVID-19 and Public Policy comprehensively covers age, gender, geographical locations, and more. COVID-19 and Public Policy is of great value to policymakers and researchers internationally navigating the post-COVID-19 world.

Major themes in the history of finance in China reflect the persistent tension between a powerful state guiding the economy versus vibrant market forces operating according to basic commercial principles. Included is the continuity and discontinuity of financial developments in imperial and modern history; creation of a modern banking system beginning in the late nineteenth century; and emergence of complex and sophisticated financial institutions and products since the introduction of economic reforms in the People's Republic of China in 1978-1979.The Historical Dictionary of the Financial System in China contains a chronology, an introduction, and an extensive bibliography. The dictionary section has more than 300 cross-referenced entries on important financiers, entrepreneurs, and government officials involved in finance, large state-owned banks (SOBs), state-owned enterprises (SOEs), hedge funds, exchange-traded funds, and asset-management companies. This book is an excellent resource for students, researchers, and anyone wanting to know more about the Chinese financial system.

This book takes a comprehensive approach to investigate how Sharia influences and manifests in the everyday lives of young Muslims, aiming to unravel the meaning and relevance of Sharia-driven laws and practices in English-speaking Western societies. By focusing on the grassroots level, it provides a deeper understanding of the lived experiences of Muslims and their relationship with Sharia. The presence of Muslims in Western countries has a long history, with recent waves of migration and conversions contributing to their increasing numbers. This study recognizes the diverse nature of the Muslim community, comprising both migrants and local converts, who have become integral parts of the pluralistic fabric of multicultural societies. The research draws on in-depth interviews with 122 young Muslim individuals from diverse backgrounds representing three different Western countries: Australia, the United States, and the United Kingdom. Diversity of participants allows for a broader exploration of the Muslim community and the inherent diversity of opinions, interpretations, and practices regarding Sharia. This approach moves beyond theoretical debates, providing concrete insights into the practical implications of Sharia for young Muslims in their respective Western contexts. The book also sheds light on the evolving landscape of information and knowledge acquisition in the age of digital technologies and cyberspace. It explores how young Muslims access and seek knowledge in the twenty-first century, recognizing the impact of changing sources and modes of information on their religious practices and beliefs. This aspect adds a valuable dimension to the study, capturing the dynamic nature of knowledge dissemination and acquisition among young Muslims in Western societies. The book will be fascinating reading for academics, researchers, and policy-makers working in the areas of Law, Political Science, Minority Studies, Religious Studies, and Islamic Studies.

This book provides an overview of key developments in Beijing in various areas in 2021, as China's economic development continues to improve in both overall quality and regional integration. It highlights the city's progress both on its own and as a vital component of a broader regional framework. The volume begins with two comprehensive reports on Beijing's economy and China's regional economic development. Subsequent chapters delve into topics such as the global digital economy, social governance, community building, international communication, and the delivery of high-quality public services. This book serves as a valuable resource for anyone seeking to understand the'what,''how,'and'why'behind the growth of one of the world's fastest-growing mega-cities.