Transnational Commercial Disputes in an Age of Anti-Globalism and Pandemic
Transnational Commercial Disputes in an Age of Anti-Globalism and Pandemic

Author: Sundaresh Menon

Publisher: Hart Publishing

Published: 2023-01-12

Total Pages: 0

ISBN-13: 150995497X

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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.

Transnational Commercial Disputes in an Age of Anti-Globalism and Pandemic
Transnational Commercial Disputes in an Age of Anti-Globalism and Pandemic

Author: Sundaresh Menon

Publisher: Bloomsbury Publishing

Published: 2023-01-12

Total Pages: 389

ISBN-13: 1509954996

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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.

Arbitration in China
Arbitration in China

Author: Kun Fan

Publisher: Bloomsbury Publishing

Published: 2013-02-11

Total Pages: 275

ISBN-13: 1782250735

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In the context of harmonisation of arbitration law and practice worldwide, to what extent do local legal traditions still influence local arbitration practices, especially at a time when non-Western countries are playing an increasingly important role in international commercial and financial markets? How are the new economic powers reacting to the trend towards harmonisation? China provides a good case study, with its historic tradition of non-confrontational means of dispute resolution now confronting current trends in transnational arbitration. Is China showing signs of adapting to the current trend of transnational arbitration? On the other hand, will Chinese legal culture influence the practice of arbitration in the rest of the world? To address these challenging questions it is necessary to examine the development of arbitration in the context of China's changing cultural and legal structures. Written for international business people, lawyers, academics and students, this book gives the reader a unique insight into arbitration practice in China, based on a combination of theoretical analysis and practical insights. It explains contemporary arbitration in China from an interdisciplinary perspective and with a comparative approach, setting Chinese arbitration in its wider social context to aid understanding of its history, contemporary practice, the legal obstacles to modern arbitration and possible future trends. In 2011 the thesis on which this book was based was named 'Best Thesis in International Studies' by the Swiss Network for International Studies. “What distinguishes this work from other books on international arbitration is its interdisciplinary perspective and comparative approach...this book makes a remarkable contribution to the understanding of arbitration in China and transnational arbitration in general. Academics, scholars and students of international arbitration, comparative studies and globalisation may all find this book stimulating. It also provides useful guidance for practitioners involved or interested in arbitration in China.” From the Foreword by Gabrielle Kaufmann-Kohler This title is included in Bloomsbury Professional's International Arbitration online service.

International Commercial Disputes
International Commercial Disputes

Author: Jonathan Hill

Publisher: Bloomsbury Publishing

Published: 2014-11-24

Total Pages: 1032

ISBN-13: 1849468567

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This is the fourth edition of this highly regarded work on the law of international commercial litigation as practised in the English courts. As such it is primarily concerned with how commercial disputes which have connections with more than one country are dealt with by the English courts. Much of the law which provides the framework for the resolution of such disputes is derived from international instruments, including recent Conventions and Regulations which have significantly re-shaped the law in the European Union. The scope and impact of these European instruments is fully explained and assessed in this new edition. The work is organised in four parts. The first part considers the jurisdiction of the English courts and the recognition and enforcement in England of judgments granted by the courts of other countries. This part of the work, which involves analysis of both the Brussels I Regulation and the so-called traditional rules, includes chapters dealing with jurisdiction in personam and in rem, anti-suit injunctions and provisional measures. The work's second part focuses on the rules which determine whether English law or the law of another country is applicable to a given situation. The part includes a discussion of choice of law in contract and tort, with particular attention being devoted to the recent Rome I and Rome II Regulations. The third part of the work includes three new chapters on international aspects of insolvency (in particular, under the EC Insolvency Regulation) and the final part focuses on an analysis of legal aspects of international commercial arbitration. In particular, this part examines: the powers of the English courts to support or supervise an arbitration; the effect of an arbitration agreement on the jurisdiction of the English courts; the law which governs an arbitration agreement and the parties' dispute; and the recognition and enforcement of foreign arbitration awards. This title is included in Bloomsbury Professional's International Arbitration online service.

Globalization and International Law
Globalization and International Law

Author: D. Bederman

Publisher: Springer

Published: 2008-06-23

Total Pages: 249

ISBN-13: 023061289X

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This volume develops a set of provocative themes: globalization is not new; it is neither legally inevitable nor irreversible; and international legal systems and institutions can assert only a special and limited influence on globalizing developments.

Global Trends 2040
Global Trends 2040

Author: National Intelligence Council

Publisher: Cosimo Reports

Published: 2021-03

Total Pages: 158

ISBN-13: 9781646794973

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"The ongoing COVID-19 pandemic marks the most significant, singular global disruption since World War II, with health, economic, political, and security implications that will ripple for years to come." -Global Trends 2040 (2021) Global Trends 2040-A More Contested World (2021), released by the US National Intelligence Council, is the latest report in its series of reports starting in 1997 about megatrends and the world's future. This report, strongly influenced by the COVID-19 pandemic, paints a bleak picture of the future and describes a contested, fragmented and turbulent world. It specifically discusses the four main trends that will shape tomorrow's world: - Demographics-by 2040, 1.4 billion people will be added mostly in Africa and South Asia. - Economics-increased government debt and concentrated economic power will escalate problems for the poor and middleclass. - Climate-a hotter world will increase water, food, and health insecurity. - Technology-the emergence of new technologies could both solve and cause problems for human life. Students of trends, policymakers, entrepreneurs, academics, journalists and anyone eager for a glimpse into the next decades, will find this report, with colored graphs, essential reading.

Delivering Dispute Resolution
Delivering Dispute Resolution

Author: Christopher Hodges

Publisher: Bloomsbury Publishing

Published: 2019-10-17

Total Pages: 643

ISBN-13: 1509916911

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This book reviews the techniques, mechanisms and architectures of the way disputes are processed in England and Wales. Adopting a comparative approach, it evaluates the current state of the main different types of dispute resolution systems, including business, consumer, personal injury, family, property, employment and claims against the state. It provides a holistic overview of the whole system and suggests both systemic and detailed reforms. Examining dispute resolution pathways from users' perspectives, the book highlights options such as ombudsmen, regulators, tribunals and courts as well as mediation and other ADR and ODR approaches. It maps numerous sectoral developments to see if learning might be spread to other sectors. Several recurrent themes arise, including the diversification in the use of techniques; adoption of digital, online and artificial technology; cost and funding constraints; the emergence of new intermediaries; the need to focus accessibility arrangements for people and businesses that need help with their problems; and identifying effective ways for achieving behavioural change. This timely study analyses the shift from adversarial legalism to softer means of resolving social problems, and points to a major opportunity to devise an imaginative and holistic strategic vision for the jurisdiction. This title is included in Bloomsbury Professional's International Arbitration online service.

Globalization's Contradictions
Globalization's Contradictions

Author: Dennis Conway

Publisher: Routledge

Published: 2006-11-22

Total Pages: 325

ISBN-13: 113598624X

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Since the 1980s, globalization and neoliberalism have brought about a comprehensive restructuring of everyone’s lives. People are being ‘disciplined’ by neoliberal economic agendas, ‘transformed’ by communication and information technology changes, global commodity chains and networks, and in the Global South in particular, destroyed livelihoods, debilitating impoverishment, disease pandemics, among other disastrous disruptions, are also globalization’s legacy. This collection of geographical treatments of such a complex set of processes unearths the contradictions in the impacts of globalization on peoples’ lives. Globalizations Contradictions firstly introduces globalization in all its intricacy and contrariness, followed on by substantive coverage of globalization’s dimensions. Other areas that are covered in depth are: globalization’s macro-economic faces globalization’s unruly spaces globalization’s geo-political faces ecological globalization globalization’s cultural challenges globalization from below fair globalization. Globalizations Contradictions is a critical examination of the continuing role of international and supra-national institutions and their involvement in the political economic management and determination of global restructuring. Deliberately, this collection raises questions, even as it offers geographical insights and thoughtful assessments of globalization’s multifaceted ‘faces and spaces.’

Beyond Confrontation
Beyond Confrontation

Author: Phil Mullan

Publisher: Emerald Group Publishing

Published: 2020-08-11

Total Pages: 280

ISBN-13: 1839825626

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Beyond Confrontation by Phil Mullan negotiates a third way between the rules-based global order dictated by Western globalists and the mercantilist protectionism of Western nationalists, both of which only fuel resentments between developed and emerging nations.

Great Divergence and Great Convergence
Great Divergence and Great Convergence

Author: Leonid Grinin

Publisher: Springer

Published: 2015-05-09

Total Pages: 261

ISBN-13: 331917780X

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This new monograph provides a stimulating new take on hotly contested topics in world modernization and the globalizing economy. It begins by situating what is called the Great Divergence--the social/technological revolution that led European nations to outpace the early dominance of Asia--in historical context over centuries. This is contrasted with an equally powerful Great Convergence, the recent economic and technological expansion taking place in Third World nations and characterized by narrowing inequity among nations. They are seen here as two phases of an inevitable global process, centuries in the making, with the potential for both positive and negative results. This sophisticated presentation examines: Why the developing world is growing more rapidly than the developed world. How this development began occurring under the Western world's radar. How former colonies of major powers grew to drive the world's economy. Why so many Western economists have been slow to recognize the Great Convergence. The increasing risk of geopolitical instability. Why the world is likely to find itself without an absolute leader after the end of the American hegemony A work of rare scope, Great Divergence and Great Convergence gives sociologists, global economists, demographers, and global historians a deeper understanding of the broader movement of social and economic history, combined with a long view of history as it is currently being made; it also offers some thrilling forecasts for global development in the forthcoming decades.