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Dispute Resolution in China, Europe and World (Ius Gentium: Comparative Perspectives on Law and Justice #79)
by André Janssen Lei ChenThis book brings together articles from leading experts in the field of international dispute resolution. The main focus is on the situation in Asia, though the European perspective also plays an important part. Accordingly, the focus on the Asian dispute resolution market with a distinctly American and European “touch” is one of the book’s most unique features. The dispute resolution market is rapidly transforming, and dispute resolution law is changing with it –especially in Asia. This book highlights recent advances and outlines future trends in this area. Emphasis is especially placed on International Commercial Arbitration Law on the one hand; and on International Investment Arbitration Law on the other. Two dedicated sections address these two topics, while another is dedicated to a quite new phenomenon in the field of international dispute resolution, the emergence of International Commercial Courts not only in Asia, but also in other regions of the world (e.g. in the Netherlands). This raises a host of interesting legal questions, which the book addresses. The book’s final section investigates general trends in dispute resolution (e.g. the rising cost problem in arbitration in general).
Dispute Resolution in China: Litigation, Arbitration, Mediation and their Interactions
by Weixia GuChina's ever-expanding commercial influence has attracted global attention on how its civil and commercial disputes are resolved. This compelling new book, Dispute Resolution in China, offers a detailed examination of the elements in the Chinese legal system and the relevant reforms to the multiplicity of approaches to civil and commercial disputes in China today. This book reveals how civil litigation, commercial arbitration, mediation, and their hybrid dispute resolution have distinctly responded to, reformed, and developed in the context of China’s transformational economic growth, societal development, and international interaction in the last two decades. It situates these developments and continued experimentation within a unique hybrid of empirical, contextual, and comparative analytical framework, while paving productive pathways towards the future. This book argues that, rather than being a legal project, China’s civil and commercial dispute resolution system is essentially a social development project, which distinguishes the Chinese approach to civil justice reform from contemporary civil justice movements elsewhere. Among the primary methods of dispute resolution, commercial arbitration in China today uniquely transcending the traditional socio-political constraints, its reform has developed in favor of market-oriented considerations and shaped by China’s socio-economic dynamics and internationalization needs. By contrast, civil litigation and mediation being more instrumentalist in nature, their reform is socio-politically embedded and continues to prioritize social stability. This book also shines a fresh light on comparative assessments of top-down and bottom-up changes in China’s dispute resolution discourse, as well as on how China speaks to international dispute resolution systems. Original and rich in its analysis, this book will be essential reading and invaluable reference tool for scholars with a focus on Chinese law, comparative and international dispute resolution, and on broader legal, institutional, economic, social, political and cultural dimensions of dispute resolution development.
Dispute Resolution in Sport: Athletes, Law and Arbitration (Ethics and Sport)
by David McArdleAn increasing number of sport disputes are being resolved by way of arbitration. This is the first book to critically examine the processes and benefits of sportspecific arbitration as compared to litigation. The book explores, in depth, the development of alternative dispute resolutions in sports, paying particular attention to high-profile institutions such as the Court of Arbitration for Sport, the FIFA Football Dispute Resolution Panel and important national-level bodies, and their relationship with national and international-level actors such as the IOC, WADA and the European Union. It also examines in detail the legal frameworks within which sports arbitration systems operate, considers their similarities with other arbitral bodies and considers the extent to which ADR in sport can be seen as a consequence of, and perhaps a solution to, the ‘juridification’ of sports. Offering a theoretical basis with which to understand the relationship between arbitration and litigation, as well as providing guidance on key contemporary issues and best practice, this book is important reading for students, researchers and practitioners working in sports law, sports management and administration, sports politics, sports ethics, and international organisation.
Dispute Resolution within Africa: A Journey Forward
by Rashri Baboolal FrankThe main topic is dispute resolution within specific Africa countries, and the journey of Africa becoming a global leader as the seat of dispute resolution, focusing on the mechanisms of mediation, arbitration, conciliation and negotiation. In international commercial transactions, it is inviolable that disputes arise, and the commercial contracts provide for a med-arb clause, and parties go to private forums to resolve the dispute. Negotiation becomes a key tactic embedded into the mediation techniques and style adopted, to ensure success of proceedings. If mediation fails then arbitration is the last stage to determine the finality of the dispute, when an award is given after hearing evidence, this final award is not appealable. The journey of Africa being a global leader encouraged partnerships with internationalinstitutions, practices and trends, but it is a journey that is necessary to overtake the European and American seats. This book provides scholars with the opportunity to navigate the journey of Africa becoming a main seat for dispute resolution and a leader in the international realm of alternative dispute resolution.
Dispute Resolution: Beyond the Adversarial Model (Second Edition)
by Jean R. Sternlight Lela Porter Love Andrea Kupfer Schneider Carrie J. Menkel-MeadowThis comprehensive, sophisticated examination of the current state of ADR incorporates four key aspects for each of the Negotiation, Mediation, Arbitration, and Hybrid dispute resolution processes: the theoretical framework defining the process, the skills needed to practice it, the ethical issues implicated in its use, and the legal and policy analyses relevant to the process. This thorough and rigorous approach results in a casebook that is both up-to-date and provocative. The book immerses students in the dispute resolution experience: comprehensive, current coverage of all key areas of ADR, with a rich range of timely cases and readings a distinguished, author team, each member a leader in dispute resolution practice and scholarship, making full use of each member's experience and accomplishments in teaching, field work, policy making, and standards drafting a practical approach to problem solving that engages students as active participants in resolving human and legal problems and uses individual or combined resolution processes in varying gender, race, and cultural contexts separate chapters addressing international and multi-party dispute resolution, providing thorough, comprehensive treatment of these important, high-interest contexts and applications Instructors will appreciate these valuable teaching devices: readings balance theory and theory-in-use through cases, behaviorally and critically based articles, examples, empirical studies, and relevant statutory and other regulatory materials that illuminate the difficulty of balancing rules and laws with the economic and emotional constraints inherent in disputes challenging readings representing a wide range of perspectives, among them, Gilligan's feminist In Another Voice; Fisher, Ury, and Patton's Getting to Yes; Raiffa's Art and Science of Negotiation; and Machiavelli's The Prince key cases, including Gilmer v. Interstate/Johnson Lane Corp. and Folb v. Motion Picture Industry Pension & Health Plans an exceptionally useful Teacher's Manual, containing information on ADR careers and training; teaching notes; sample role-plays, simulations, and other exercises; recommendations for supplemental materials (such as videos and transcripts); and examination and paper suggestions for each chapter An author website to support classroom instruction using this title is available at http://www. aspenlawschool. com/menkel-meadow
Dispute Resolution: Negotiation, Mediation, Arbitration, and Other Processes
by Stephen B. Goldberg Sarah Rudolph Cole Frank E. A. Sander Nancy H. RogersDispute Resolution: Negotiation, Mediation, Arbitration, and Other Processes, Seventh Edition Provides overviews, critical examinations, and analyses of the application of ADR’s three main processes for settling legal disputes without litigation— negotiation, mediation, and arbitration—and issues raised as these processes are combined, modified, and applied. This casebook challenges students to develop new processes and applications and provides them tools to master the legal issues facing lawyers who utilize the major dispute resolution processes. this book also assists students in building the skills a modern lawyer needs to represent clients in these critical processes.
Dispute Settlement Reports 2015: Volume 1, Pages 1–576 (World Trade Organization Dispute Settlement Reports)
by World Trade OrganizationThe Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2015: Volume 1 reports on United States - Countervailing Duty Measures on Certain Products from China (WT/DS437).
Dispute Settlement Reports 2015: Volume 10, Pages 5131-5650 (World Trade Organization Dispute Settlement Reports)
by World Trade OrganizationThe Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practicing and academic trade lawyers, and needed by students worldwide taking courses in international economic or trade law. DSR 2015: Volume 10 reports on United States - Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products - Recourse to Article 21.5 of the DSU by Mexico (WT/DS381).
Dispute Settlement Reports 2015: Volume 11, Pages 5651-6110 (World Trade Organization Dispute Settlement Reports)
by World Trade OrganizationThe Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. DSR 2015: Volume 11 reports on: United States - Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products - Recourse to Article 21.5 of the DSU by Mexico (WT/DS381), United States - Countervailing Duty Measures on Certain Products from China - Arbitration under Article 21.3(c) of the DSU (WT/DS437/16), United States - Anti-Dumping Measures on Certain Shrimp from Viet Nam - Arbitration under Article 21.3(c) of the DSU(WT/DS429/12), Peru - Additional Duty on Imports of Certain Agricultural Products - Arbitration under Article 21.3(c) of the DSU (WT/DS457/15) and United States - Certain Country of Origin Labelling (COOL) Requirements - Recourse to Article 22.6 of the DSU (WT/DS384, WT/DS386).
Dispute Settlement Reports 2015: Volume 2, Pages 577–1268 (World Trade Organization Dispute Settlement Reports)
by World Trade OrganizationThe Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2015: Volume 2 reports on Argentina - Measures Affecting the Importation of Goods (WT/DS438, WT/DS444, WT/DS445).
Dispute Settlement Reports 2015: Volume 3, Pages 1269–1722 (World Trade Organization Dispute Settlement Reports)
by World Trade OrganizationThe Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2015: Volume 3 reports on United States - Anti-Dumping Measures on Certain Shrimp from Viet Nam (WT/DS429).
Dispute Settlement Reports 2015: Volume 4, Pages 1723–2456 (World Trade Organization Dispute Settlement Reports)
by World Trade OrganizationThe Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2015: Volume 4 reports on United States - Certain Country of Origin Labelling (COOL) Requirements (Recourse to Article 21.5 of the DSU by Canada and Mexico) (WT/DS384, WT/DS386).
Dispute Settlement Reports 2015: Volume 5, Pages 2457–3114 (World Trade Organization Dispute Settlement Reports)
by World Trade OrganizationThe Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2015: Volume 5 reports on India - Measures Concerning the Importation of Certain Agricultural Products (WT/DS430).
Dispute Settlement Reports 2015: Volume 6, Pages 3115–3564 (World Trade Organization Dispute Settlement Reports)
by World Trade OrganizationThe Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2015: Volume 6 reports on Ukraine - Definitive Safeguard Measures on Certain Passenger Cars (WT/DS468) and Peru - Additional Duty on Imports of Certain Agricultural Products (WT/DS457).
Dispute Settlement Reports 2015: Volume 7, Pages 3565–4082 (World Trade Organization Dispute Settlement Reports)
by World Trade OrganizationThe Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2015: Volume 7 reports on Peru - Additional Duty on Imports of Certain Agricultural Products (WT/DS457) and China - Countervailing and Anti-Dumping Duties on Grain Oriented Flat-Rolled Electrical Steel from the United States (Recourse to Article 21.5 of the DSU by the United States) (WT/DS414).
Dispute Settlement Reports 2015: Volume 8, Pages 4083–4570 (World Trade Organization Dispute Settlement Reports)
by World Trade OrganizationThe Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2015: Volume 8 reports on United States - Measures Affecting the Importation of Animals, Meat and Other Animal Products from Argentina (WT/DS447).
Dispute Settlement Reports 2015: Volume 9, Pages 4571-5130 (World Trade Organization Dispute Settlement Reports)
by World Trade OrganizationThe Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practicing and academic trade lawyers, and needed by students worldwide taking courses in international economic or trade law. DSR 2015: Volume 9 reports on China - Measures Imposing Anti-Dumping Duties on High-Performance Stainless Steel Seamless Tubes ('HP-SSST') from Japan (WT/DS454) and China - Measures Imposing Anti-Dumping Duties on High-Performance Stainless Steel Seamless Tubes ('HP-SSST') from the European Union (WT/DS460).
Dispute Settlement Reports 2016: Volume 1, Pages 1–428 (World Trade Organization Dispute Settlement Reports)
by World Trade OrganizationThe Dispute Settlement Reports are the WTO authorized and paginated reports in English. An essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2016: Volume 1 reports on European Communities Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China - Recourse to Article 21.5 of the DSU by China (WT/DS397).
Dispute Settlement Reports 2016: Volume 2, Pages 429-1128 (World Trade Organization Dispute Settlement Reports)
by World Trade OrganizationThe Dispute Settlement Reports are the WTO authorized and paginated reports in English. An essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2016: Volume 2 reports on Argentina - Measures Relating to Trade in Goods and Services (WT/DS453).
Dispute Settlement Reports 2016: Volume 3, Pages 1129 to 1544 (World Trade Organization Dispute Settlement Reports)
by World Trade OrganizationThe Dispute Settlement Reports are the WTO authorized and paginated reports in English. An essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2016: Volume 3 reports on Colombia - Measures Relating to the Importation of Textiles, Apparel and Footwear (WT/DS461).
Dispute Settlement Reports 2016: Volume 4, Pages 1545 to 2272 (World Trade Organization Dispute Settlement Reports)
by World Trade OrganizationThe Dispute Settlement Reports are the WTO authorized and paginated reports in English. An essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2016: Volume 4 reports on Russia - Tariff Treatment of Certain Agricultural and Manufacturing Products (WT/DS485) and India - Certain Measures Relating to Solar Cells and Solar Modules (WT/DS456).
Dispute Settlement Reports 2016: Volume 5, Pages 2273 to 2868 (World Trade Organization Dispute Settlement Reports)
by World Trade OrganizationThe Dispute Settlement Reports are the WTO authorized and paginated reports in English. An essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2016: Volume 5 reports on United States - Anti-Dumping and Countervailing Measures on Large Residential Washers from Korea (WT/DS464).
Dispute Settlement Reports 2016: Volume 6, Pages 2869 to 3562 (World Trade Organization Dispute Settlement Reports)
by World Trade OrganizationThe Dispute Settlement Reports are the WTO authorized and paginated reports in English. An essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2016: Volume 6 reports on European Union - Anti-Dumping Measures on Biodiesel from Argentina (WT/DS473) and Colombia - Measures Relating to the Importation of Textiles, Apparel and Footwear (WT/DS461/13).
Dispute Settlement Reports 2017: Volume 1, Pages 1 to 358 (World Trade Organization Dispute Settlement Reports)
by World Trade OrganizationThe Dispute Settlement Reports are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2017: Volume 1 reports on Canada - Anti-Dumping Measures on Imports of Certain Carbon Steel Welded Pipe from the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (WT/DS482) and Russian Federation - Measures on the Importation of Live Pigs, Pork and Other Pig Products from the European Union (WT/DS475).
Dispute Settlement Reports 2017: Volume 2, Pages 359 to 1064 (World Trade Organization Dispute Settlement Reports)
by World Trade OrganizationThe Dispute Settlement Reports are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2017: Volume 2 reports on Russian Federation - Measures on the Importation of Live Pigs, Pork and Other Pig Products from the European Union (WT/DS475).