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Author: Peter Quayle
Publisher: Brill Nijhoff
Published: 2019-06-27
Total Pages: 0
ISBN-13: 9789004396661
DOWNLOAD EBOOKThis second volume of the AIIB Yearbook of International Law examines a series of overarching themes and relationships regarding the role of international organizations in promoting effective dispute resolution.
Author:
Publisher:
Published: 2007
Total Pages: 680
ISBN-13:
DOWNLOAD EBOOKAuthor: Jerome T. Barrett
Publisher: John Wiley & Sons
Published: 2004-10-19
Total Pages: 330
ISBN-13: 0787975427
DOWNLOAD EBOOKA History of Alternative Dispute Resolution offers a comprehensive review of the various types of peaceful practices for resolving conflicts. Written by Jerome Barrett—a longtime practitioner, innovator, and leading historian in the field of ADR—and his son Joseph Barrett, this volume traces the evolution of the ADR process and offers an overview of the precursors to ADR, including negotiation, arbitration, and mediation. The authors explore the colorful beginnings of ADR using illustrative examples from prehistoric Shaman through the European Law Merchant. In addition, the book offers the historical context for the use of ADR in the arenas of diplomacy and business.
Author: Jean-Claude Goldsmith
Publisher: Kluwer Law International B.V.
Published: 2011-01-01
Total Pages: 690
ISBN-13: 904113414X
DOWNLOAD EBOOKWhether the andAand stands for andappropriateand, andamicableand, or andalternativeand, all out of court dispute resolution modes, collected under the banner term andADRand, aim to assist the business world in overcoming relational differences in a truly manageable way. The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents. As a result, in this book twenty-nine andintertwined but variegatedand essays (to use the editorands characterization) provide substantial insight in such specific topics as: ADRands flexible procedures as controlled by the parties; ADRands facilitation of the continuation of relations between the parties; privilege and confidentiality; involvement of non-legal professionals; the identity and the role of the andneutraland as well as the role of the arbitrator; the implementation of ICC and other international ADR rules; the workings of Dispute Boards and the role of ADR in securing investment and other specific objectives. In its compound thesis and growing in relevance every day and that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.
Author: Don Rodney Junio
Publisher: Springer Nature
Published: 2020-07-13
Total Pages: 222
ISBN-13: 3030520145
DOWNLOAD EBOOKThis book constitutes the refereed proceedings of the 11th International Development Informatics Association Conference, IDIA 2020, held in Macau, China, in March 2020.* The 14 revised full papers presented were carefully reviewed and selected from 43 submissions. The papers are organized in topical sections on ICT4D: taking stock; harnessing frontier technologies for sustainable development; ICT4D discourse, methodologies, and theoretical reflections; the evolving Global Souths. *The conference was held virtually due to the COVID-19 pandemic.
Author: C. Mackenzie Brown
Publisher: Routledge
Published: 2012-01-19
Total Pages: 289
ISBN-13: 1136484671
DOWNLOAD EBOOKProviding new insights into the contemporary creationist-evolution debates, this book looks at the Hindu cultural-religious traditions of India, the Hindu Dharma traditions. By focusing on the interaction of religion and science in a Hindu context, it offers a global context for understanding contemporary creationist-evolution conflicts and tensions utilizing a critical analysis of Hindu perspectives on these issues. The cultural and political as well as theological nature of these conflicts is illustrated by drawing attention to parallels with contemporary Islamic and Buddhist responses to modern science and Darwinism. The book explores various ancient and classical Hindu models to explain the origin of the universe encompassing creationist as well as evolutionary—but non-Darwinian—interpretations of how we came to be. Complex schemes of cosmic evolution were developed, alongside creationist proofs for the existence of God utilizing distinctly Hindu versions of the design argument. After examining diverse elements of the Hindu Dharmic traditions that laid the groundwork for an ambivalent response to Darwinism when it first became known in India, the book highlights the significance of the colonial context. Analysing critically the question of compatibility between traditional Dharmic theories of knowledge and the epistemological assumptions underlying contemporary scientific methodology, the book raises broad questions regarding the frequently alleged harmony of Hinduism, the eternal Dharma, with modern science, and with Darwinian evolution in particular.
Author: Jie Zheng
Publisher: Springer Nature
Published: 2020-10-03
Total Pages: 376
ISBN-13: 3030541207
DOWNLOAD EBOOKThis book discusses how technological innovations have affected the resolution of disputes arising from electronic commerce in the European Union, UK and China. Online dispute resolution (ODR) is a form of alternative dispute resolution in which information technology is used to establish a process that is more effective and conducive to resolving the specific types of dispute for which it was created. This book focuses on out-of-court ODR and the resolution of disputes in the field of electronic commerce. It explores the potential of ODR in this specific e-commerce context and investigates whether the current use of ODR is in line with the principles of access to justice and procedural fairness. Moreover, it examines the major concerns surrounding the development of ODR, e.g. the extent to which electronic ADR agreements are recognized by national courts in cross-border e-commerce transactions, how procedural justice is ensured in ODR proceedings, and whether ODR outcomes can be effectively enforced. To this end, the book assesses the current and potential role of ODR in resolving e-commerce disputes, identifies the legal framework for and legal barriers to the development of ODR, and makes recommendations as to the direction in which practice and the current legal framework should evolve. In closing, the book draws on the latest legislation in the field of e-commerce law and dispute resolution in order to make recommendations for future ODR design, such as the EU Platform-to-Business Regulation on Promoting Fairness and Transparency for Business Users of Online Intermediation Services (2019) and the United Nations Convention on International Settlement Agreements Resulting from Mediation (2018), which provide the legal basis for ODR’s future development.
Author: James S. Kakalik
Publisher: RAND Corporation
Published: 1996
Total Pages: 0
ISBN-13: 9780833024756
DOWNLOAD EBOOKThis study found that, once litigation had begun, referral to ADR was not a panacea, nor was it detrimental.
Author: Christopher Hodges
Publisher: Edward Elgar Publishing
Published: 2013-10-31
Total Pages: 336
ISBN-13: 178254691X
DOWNLOAD EBOOKRaising a series of questions on resolving mass disputes, and fuelling future debate, this book will provide a challenging and thought-provoking read for law academics, practitioners and policy-makers.
Author: Frank Fleerackers
Publisher: Duncker & Humblot
Published: 2019
Total Pages: 216
ISBN-13: 9783428490493
DOWNLOAD EBOOKIndeed, if the legal field is to be understood as instrumental to democracy's cohabitation of individuals, research on dispute resolution remains pre-eminent as a means to understand how individual views differ and how different views can be overcome. As a central part of conflict analysis, such research would assist an interdisciplinary quest for a dynamic understanding of democracy and law. It would focus on how different individuals with different conceptions of the good can live together in their community, in their world. Scientific research in the fields of communication, economics, psychology, history, political theory and philosophy, to name but a few, would side with legal theory in a shared ambition to analyze the way individuals are affected by their views as well as by their institutions, in order to provide society with a dynamic means to solve conflicts and enhance citizenship or legal awareness. Such research necessarily coincides with empathy-oriented education, directed towards an understanding of different conflict positions and the related comprehensive or non-comprehensive views affecting them. An affective education, analyzing all affective mechanisms of societal or interpersonal disputes and their legal or alternative resolution. A clinical education, offering an interactive simulation with regard to these positions and their affective impact, demonstrating how individual views continuously affect the positions taken, how disputes are affected by the legal or other institutions that attempt to solve them, and how the effectiveness of legal or other solutions to the conflict at hand depends on a practice of affective legal analysis. Thus legal and civic education, by way of affective narration and clinical simulation, join affective legal analysis in its endeavor to provide society with a similarly affective and non-rationalizing approach of legal awareness.
