International Dispute Resolution
International Dispute Resolution

Author: Mary Ellen O'Connell

Publisher:

Published: 2012

Total Pages: 0

ISBN-13: 9781594609046

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Twenty-first century lawyers practice law in a global village. They represent clients in negotiations for oil concession leases. They attend international treaty negotiations on behalf of sovereign states and environmental NGOs. They act as mediators in international child custody disputes and arbitrators for title to artworks displaced in war. They search the world for the right forum to bring claims for human rights violations, piracy prosecutions, and intellectual property protection. The successful 21st century lawyer is prepared to practice international dispute resolution, and this book is designed to assist in that preparation. It is a comprehensive treatment of the full range of dispute resolution processes, including negotiation, mediation, inquiry, conciliation, arbitration, and adjudication. The second edition updates and expands the first edition. It includes additional materials on international commercial arbitration as well as recent decisions of the United States Supreme Court, the International Court of Justice and the International Centre for the Settlement of Investment Disputes. New problems have been added and reading lists have been revised. Despite the new additions, the book remains highly teachable in a two or three credit-hour format. The law book market has many titles on arbitration and transnational litigation. This is the only casebook, however, that introduces students to all of the dispute resolution mechanisms available internationally. Lawyers today need this information as much as they need the standard first year required course on civil procedure.

International Dispute Settlement
International Dispute Settlement

Author: J. G. Merrills

Publisher: Cambridge University Press

Published: 2011-03-17

Total Pages: 387

ISBN-13: 1139500120

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A guide to the techniques and institutions used to solve international disputes, how they work and when they are used. This textbook looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, often topical, examples of each method in practice to place the theory of how things should work in the context of real-life situations and to help the reader understand the strengths and weaknesses of different methods when they are used. It also looks at organisations such as the International Court and the United Nations and has been fully updated to include the most recent arbitrations, developments in the WTO and the International Tribunal for the Law of the Sea, as well as case law from the International Court of Justice.

New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution
New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution

Author: Shahla Ali

Publisher: Kluwer Law International B.V.

Published: 2020-12-10

Total Pages: 313

ISBN-13: 940352863X

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International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.

International Dispute Resolution
International Dispute Resolution

Author: Vesna Lazić

Publisher: Springer

Published: 2018-07-26

Total Pages: 131

ISBN-13: 946265252X

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The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div

International Arbitration and Mediation
International Arbitration and Mediation

Author: Michael McIlwrath

Publisher: Kluwer Law International B.V.

Published: 2010-01-01

Total Pages: 530

ISBN-13: 9041126104

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This book is intended as an easily accessible desktop resource for lawyers who regularly counsel businesses when negotiating international deals, and for those who represent the same clients in achieving a successful resolution when disputes emerge. The text is divided into chapters that follow the life cycle of an international commercial dispute as seen through the eyes of the parties, from when they agree how to resolve disputes in their contracts to the endgame of enforcement. Additionally, the appendices include a number of model submissions for further reference.--Provided by publisher.

The Private-Public Law Divide in International Dispute Resolution
The Private-Public Law Divide in International Dispute Resolution

Author: Burkhard Hess

Publisher: BRILL

Published: 2018-08-21

Total Pages: 336

ISBN-13: 9004384901

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This course addresses dispute resolution in international cases from the classical perspective of the private-public divide. The main focus relates to overlapping remedies available under private international and public international law. Nowadays, a multitude of courts and arbitral tribunals at different levels (domestic, international and transnational) is accessible to litigants in cross-border settings.

Intellectual Property and International Dispute Resolution
Intellectual Property and International Dispute Resolution

Author: Christopher Heath

Publisher: Kluwer Law International B.V.

Published: 2019-08-31

Total Pages: 393

ISBN-13: 9041191127

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Christopher Heath is a judge at the Boards of Appeal of the European Patent Office and former researcher of the Max Planck Institute in Munich. Anselm Kamperman Sanders is Professor of Intellectual Property Law and Director of the IPKM Master’s Programme at Maastricht University, the Netherlands. About this book: Intellectual Property and International Dispute Resolution, the first in-depth treatment of the interface between intellectual property rights and international dispute resolution. The book highlights the different mechanisms of international dispute settlement, having particular regard to cases involving intellectual property law. Investor dispute tribunals, as provided for in many bilateral and multilateral trade agreements, are suspected of intransparency, because proceedings are not public, of unequal treatment, because they give foreign investors a right of action where domestic investors would have none, and of undermining democracy, because they allow democratically enacted laws to be challenged with no possibility of appeal. What’s in this book: In this important book, a number of prominent legal scholars and practitioners examine the extent to which challenges against domestic legislation based on an alleged direct or indirect expropriation of intellectual property rights may be justified. The contributions cover such aspects as: history and current practice of international dispute resolution; direct application of international agreements by national courts; comparison of investor dispute settlement tribunals with other fora such as the WTO or domestic courts for determining compliance with international intellectual property standards; what can be considered ‘investment’ and ‘expropriation’ in the field of intellectual property; legislative freedom to operate when limiting intellectual property rights, particularly in the field of health and safety; and how societal interests could influence future legislation in the field of intellectual property law. One major focus of the book are the challenges against tobacco plain packaging legislation before domestic and international courts and tribunals and their outcome. How this book will help you: The book’s detailed analysis of the nature of investor dispute tribunals and how they may conflict with public interests – and its exploration of possible alternatives – is sure to be of great interest to internationally operating companies, policymakers, practitioners and scholars in both international trade law and intellectual property law.

A Manual of International Dispute Resolution
A Manual of International Dispute Resolution

Author: Anthony Connerty

Publisher:

Published: 2006

Total Pages: 367

ISBN-13: 9781848598799

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An overview of international dispute resolution and settlement, especially in the fields of trade and commerce, investment and intellectual property. The author looks at five key topics: supranational disputes, supranational dispute resolution bodies, international commercial dispute resolution, institutions concerned with dispute resolution in international trade and commerce, online dispute resolution. Connerty, an English barrister with particular expertise in the field of international arbitration, introduces each topic, illustrating it by decisions of the International Court of Justice, the Permanent Court of Arbitration, the International Tribunal on the Law of the Sea, the International Centre for the Settlement of Investment Disputes, and decisions of national courts and international arbitration tribunals. Connerty also gives suggestions for sources for more detailed study in each topic area. The book will be of interest to all those in Commonwealth countries and beyond who need to understand international dispute resolution processes and institutions.

International Dispute Settlement: Room for Innovations?
International Dispute Settlement: Room for Innovations?

Author: Rüdiger Wolfrum

Publisher: Springer Science & Business Media

Published: 2012-12-20

Total Pages: 443

ISBN-13: 3642349676

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This publication succeeds previously published seminars of the Max Planck Institute for Comparative Public Law and International Law (Heidelberg, Germany) dealing with evolving principles and new developments in international law. Due to the limits of traditional dispute settlement in international law and the ongoing scholarly debate on those limits, it focuses on possible innovations and functional approaches to improve international dispute settlement mechanisms. In doing so, it covers a wide variety of topics such as procedures of the WTO, advisory opinions of international courts and tribunals, the privatization of international dispute settlement, the interaction between counsels and international courts and tribunals, and the law-making function of international courts. The aim of this publication is to contribute to the cross-fertilization between these mechanisms and to offer creative impulses for the promotion of international dispute settlement.