Arbitration as Balanced Administration of Justice

Arbitration as Balanced Administration of Justice

Author: Massimo Benedettelli

Publisher: BRILL

Published: 2024-08-06

Total Pages: 521

ISBN-13: 9004694919

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Arbitration is adjudication and, like any form of adjudication, it must ensure justice to parties. Justice requires that in settling disputes arbitrators constantly balance the opposing interests of the parties and the different legal systems relevant to the resolution of the dispute from time to time at hand. This book addresses such issues by looking at the different stages of arbitration: from the selection of the arbitral seat to the definition of jurisdictional limits, from the choice of applicable law to the revision of arbitral awards. The book collects essays by colleagues and friends of Piero Bernardini, a leading practitioner of international arbitration who was a champion in achieving balance in the administration of justice through arbitration.


Civil Dispute Resolution

Civil Dispute Resolution

Author: Sonya Willis

Publisher: Cambridge University Press

Published: 2021-12-13

Total Pages: 921

ISBN-13: 1009234161

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Understanding how to resolve conflicts between private parties is essential for Australian lawyers. Civil Dispute Resolution: Balancing Themes and Theory presents a comprehensive framework within which both civil procedure and alternative dispute resolution are addressed. This framework, based on balancing competing objectives of dispute resolution, simplifies and explains the many aspects of resolving disagreements between private parties. The book guides readers through every aspect of civil dispute resolution including the interaction between negotiation, mediation, arbitration and litigation as means to resolve civil disputes and the many stages of litigation, from the commencement of proceedings through to judgment and enforcement. The balancing themes are applied to demystify the resolution of civil disputes, including the role of specialist courts and tribunals, alternatives to court, pleadings, gathering documentary and witness evidence, legal costs, and trial preparation and attendance.


Supreme Inequality

Supreme Inequality

Author: Adam Cohen

Publisher: Penguin

Published: 2021-02-23

Total Pages: 458

ISBN-13: 0735221529

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“With Supreme Inequality, Adam Cohen has built, brick by brick, an airtight case against the Supreme Court of the last half-century...Cohen’s book is a closing statement in the case against an institution tasked with protecting the vulnerable, which has emboldened the rich and powerful instead.” —Dahlia Lithwick, senior editor, Slate A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all.


The Role of International Administrative Law at International Organizations

The Role of International Administrative Law at International Organizations

Author:

Publisher: BRILL

Published: 2020-11-04

Total Pages: 342

ISBN-13: 9004441034

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The Role of International Administrative Law at International Organizations, edited by Peter Quayle, is centred on the law of employment relations at international organizations, and divided into four parts. It examines the interplay between international administrative law and the jurisdictional immunities of international organizations. It explores the principles and practice of resolving employment related disputes at intergovernmental institutions. It considers the dynamic development of international administrative tribunals. It examines international administrative law as the basis for the effectiveness and integrity of international organizations. Together academics, jurists and practitioners portray the employment law that governs the international civil service and the resulting accountability of the United Nations, UN Specialized Agencies, and international financial institutions, like the World Bank and IMF.


Arbitration as Balanced Administration of Justice

Arbitration as Balanced Administration of Justice

Author: Massimo Benedettelli

Publisher: Brill Nijhoff

Published: 2024

Total Pages: 0

ISBN-13: 9789004694903

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Arbitrators are called to settle disputes balancing the opposing interests of the parties and the different legal systems relevant to the resolution of the dispute. This book collects the essays offered by colleagues and friends of Piero Bernardini, a leading international arbitrator who proved to be a champion in achieving balance in the administration of justice through arbitration.


Human Rights in International Investment Law and Arbitration

Human Rights in International Investment Law and Arbitration

Author: Pierre-Marie Dupuy

Publisher: Oxford University Press

Published: 2009

Total Pages: 646

ISBN-13: 0199578184

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There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights.


International Arbitration

International Arbitration

Author: Stephen M. Schwebel

Publisher: Cambridge University Press

Published: 2020-01-23

Total Pages: 355

ISBN-13: 0521768020

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Considers the vitality of the international arbitral process through an updated examination of three salient problems.


General Principles of Law and International Investment Arbitration

General Principles of Law and International Investment Arbitration

Author: Andrea Gattini

Publisher: BRILL

Published: 2018-05-29

Total Pages: 475

ISBN-13: 9004368388

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General Principles of Law in Investment Arbitration surveys the function of general principles in the field of international investment law, particularly in investment arbitration. The authors’ analysis provides a representative case study of how this informal source operates alongside and in the absence of other sources of applicable law. The contributions are divided into two parts, devoted respectively to substantive principles and procedural ones. The principles discussed in the book are selected for their currency in the practice, their contested nature and their relevance.


Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


The Idea of Arbitration

The Idea of Arbitration

Author: Jan Paulsson

Publisher:

Published: 2013-11

Total Pages: 331

ISBN-13: 0199564167

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Providing a theoretical examination of the concept of arbitration, this book explores the place of arbitration in the legal process and examines the ethical challenges to arbitral authority and its moral hazards.