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.

Mediation in International Relations
Mediation in International Relations

Author: J. Bercovitch

Publisher: Springer

Published: 1994-01-13

Total Pages: 302

ISBN-13: 0230374697

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This collection of articles examines mediation in a range of situations including international relations, informal mediation by private individuals and by scholars and practitioners, as well as the superpowers as mediators.

International and Comparative Mediation
International and Comparative Mediation

Author: Nadja Marie Alexander

Publisher: Kluwer Law International B.V.

Published: 2009-01-01

Total Pages: 538

ISBN-13: 9041132244

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"In a world where the borders of the global community are fluid, and where disputants manifest increasingly diverse attributes and needs, mediation ? for decades hovering at the edge of dispute resolution practice ? is now emerging as the preferred approach, both in its own right and as an adjunct to arbitration. Mediation processes are sufficiently flexible to accommodate a range of stakeholders (not all of whom might have legal standing) in ways the formality of arbitration and litigation would not normally allow. Among mediation?s many advantages are time and cost efficiencies, sensitivity to cultural differences, and assured privacy and confidentiality. This book meets the practice needs of lawyers confronted with cross-border disputes now arising far beyond the traditional areas of international commerce, such as consumer disputes, inter-family conflicts, and disagreements over Internet-based transactions. The author takes full account of mediation?s risks and limitations, primarily its lack of finality and uncertainty in relation to enforceability issues which will persist until the advent of appropriate international regulation."--Publisher's website.

International Conflict Mediation
International Conflict Mediation

Author: Jacob Bercovitch

Publisher: Routledge

Published: 2008-12-10

Total Pages: 330

ISBN-13: 1134054157

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This book examines how new empirical approaches to mediation can shed fresh light on the effectiveness of different patterns of conflict management, and offers guidelines on the process of international mediation. International conflict mediation has become one of, if not the most prominent and important conflict resolution methods of the early 21st century. This book argues that traditional approaches to mediation have been inadequate, and that in order to really understand how the process of international mediation works, studies need to operate within an explicit theoretical framework, adopt systematic empirical approaches and use a diversity of methods to identify critical interactions, contexts and relationships. This volume captures recent important changes in the field of international conflict mediation, and includes essays by leading scholars on a variety of critical aspects of conflict management, using state of the art analytical tools and up to date data. This book will of great interest to scholars of peace and conflict studies, methods in social science, and of International Relations in general.

International Commercial Mediation
International Commercial Mediation

Author: Cyril Chern

Publisher: Taylor & Francis

Published: 2020-11-26

Total Pages: 298

ISBN-13: 100034147X

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International Commercial Mediation is a practical guidebook that explains how to handle and complete a mediation, as well as how to personally market the skills developed as a mediator. The book provides examples, supplies forms, and explains procedures of actual working mediations which can be used to adapt to individual needs. It also deals with advanced practitioner issues and the emerging law on international mediation.

Comparative and Transnational Dispute Resolution
Comparative and Transnational Dispute Resolution

Author: Shahla Ali

Publisher: Taylor & Francis

Published: 2023-02-10

Total Pages: 255

ISBN-13: 1000825035

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This edited volume presents research and policy insights into the theory and practice of dispute systems reform in diverse jurisdictions. It highlights how important extra-judicial mechanisms are for resolving cross-border disputes, as evidenced both by the breadth of scholarship dedicated to the issue and the proliferation of parties resorting to non-litigious dispute resolution mechanisms in recent years. Drawing on selected case studies, the book examines the impact of comparative research and policy analysis in advancing reform of dispute resolution institutions at both the regional and global levels. It explores the challenges and opportunities of understanding and assessing developments in systems of dispute resolution in diverse social and political contexts through comparative research. With a growing number of disputes which have come to involve cross-border issues, anyone interested in transnational and comparative dispute resolution will find this book a useful reference.

Mediation in International Commercial and Investment Disputes
Mediation in International Commercial and Investment Disputes

Author: Catharine Titi

Publisher: Oxford University Press, USA

Published: 2019

Total Pages: 417

ISBN-13: 0198827954

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Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.

International Mediation
International Mediation

Author: Paul F. Diehl

Publisher: John Wiley & Sons

Published: 2013-08-27

Total Pages: 259

ISBN-13: 0745661440

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Conflicts in the international system, both among and within states, bring death, destruction, and human misery. Understanding how third parties use mediation to encourage settlements and establish a durable peace among belligerents is vital for managing these conflicts. Among many features, this book empirically examines the history of post-World War II mediation efforts to: Chart the historical changes in the types of conflicts that mediation addresses and the links between different mediation efforts across time. Explore the roles played by providers of mediation in the international system - namely, individuals, states, and organizations - in managing violent conflicts. Gauge the influence of self-interest and altruism as motivating forces that determine which conflicts are mediated and which are ignored. Evaluate what we know about the willingness of parties in conflict to accept mediation, when and why it is most effective, and discuss the future challenges facing mediators in the contemporary world. Drawing on a wide range of examples from the Oslo Accords and Good Friday Agreement to efforts to manage the civil wars in Burundi, Tajikistan, and Bosnia, this book is an indispensable guide to international mediation for students, practitioners, and general readers seeking to understand better how third parties can use mediation to deal with the globe’s trouble spots.

International Dispute Resolution and the Public Policy Exception
International Dispute Resolution and the Public Policy Exception

Author: Farshad Ghodoosi

Publisher: Routledge

Published: 2016-06-10

Total Pages: 169

ISBN-13: 1317292839

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Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion—a safety valve and a control mechanism for today’s international and domestic international dispute resolution— no major study has ventured to review and analyze it. This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts. The book sheds light on one of the most important yet often-neglected control mechanisms of today’s international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.