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Dispute Management
Dispute management processes are becoming the norm as a precursor, or an alternative, to traditional court-based litigation. Dispute Management is a clear and concise introduction to an expansive range of dispute processes. Beginning with communication theory and practice, and the historical, philosophical and cultural considerations of dispute management, the book then addresses the traditional topics of negotiation, mediation and litigation, as well as interviewing, collaborative law and arbitration. Each topic is well-researched, offering the necessary depth, socio-legal considerations and balanced coverage of theory and practice. Chapters address relevant ethical and cultural issues and is supported by array of interesting examples that promote discussion. Case studies at the end of each chapter link theory to practice and present disputes between neighbours, conflict in the workplace and cases that make it to trial. Offering a combination of theoretical insights and practical information Dispute Management is a vital resource for students, lawyers and dispute practitioners.
Justice Connections
Former High Court judge of Australia, the Hon Michael Kirby, AC, CMG, in addressing the symposium that has evolved into this book, stressed the need for vigilance in the pursuit and protection of justice. Justice Connections is evidence of such vigilance. The book is a veritable smorgasbord of subjects – violence against women, Indigenous people, sentencing, genetic profiling, cultural exceptionalism, arbitral proceedings and environmental law. However, certain themes are constant. The notion of respect for the individual and their personal characteristics underpins the analyses in the book. Accordingly, a number of contributors examine the need to recognise and protect the potentially vul...
The Political Economy of Investment Arbitration
This book examines the ways in which domestic politics contributes to the emergence of international legal disputes that have far-ranging consequences for states and citizens. More broadly, it illustrates how globalization clashes with democratic decision-making and state sovereignty.
International Commercial Courts
The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.
Ex Aequo et Bono as a Response to the ‘Over-Judicialisation’ of International Commercial Arbitration
Despite its many distinguished proponents over time, ex aequo et bono – the idea of deciding disputes on the basis of what an adjudicator regards as fair and equitable – has failed to take hold in international commercial arbitration (ICA). Formalisation and fossilisation of arbitral procedure, as manifested in the increasing use of litigation-style practice, unfortunately reign instead. This bold and challenging book argues that parties to an arbitration should be more willing for their cross-border disputes to be decided (and arbitrators should be more prepared to decide those disputes) in accordance with broad principles of equity and fairness, rather than by strict adherence to techn...
Arbitration in Romania
Arbitration in Romania: A Practitioner’s Guide provides international users with information on Romanian arbitration law and practice. Two very practical considerations have generated such need. On the one hand, there is a sizeable part of the international arbitration community confronted with arbitration cases connected to Romania (for example, as far as investment arbitration is concerned, Romania has so far faced twelve cases, each of them raising very interesting legal issues). On the other hand, there is a certain discrepancy between the current international perception on the status of arbitration in Romania and the actual situation, which relegates the country to a rather obscure p...
Reforming Arbitration Reform
Reforming Arbitration Reform: Emerging Voices, New Strategies and Evolving Values Edited by Crina Baltag & Mark Feldman The legitimacy of international arbitration is being called into question. Arbitration is now subject to a multitude of regulatory sources and critical voices that seem to compromise the core interests of arbitration users and the arbitration community. This comprehensive discussion of ongoing and emerging reform efforts in both commercial and investment arbitration provides a thorough examination of how evolving values of diversity, inclusiveness, and sustainability are impacting the very nature of the field. Capturing the imperative need to critically consider how these n...
International Legal Harmonisation in Theory and Practice
Legislative development aiming for global legal harmonisation has demonstrated varying degrees of success in different areas. The underlying reasons to the challenges such developments face range from the inconsistency between bottom-up and top-down drivers that influence legislative development, together with the political undercurrents shaping the arena of global legislative negotiations, to the inherent difference between theoretical and practical legal research. This paper analyses these influences, arguing that a possible solution counterbalancing these conflicting interests can come from private, interest-neutral organisations bridging the gap between academia and scholarly research, t...
