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Towards a Science of International Arbitration
Most books on international commercial arbitration approach the subject through legal theory supported by anecdotal evidence. This remarkable book is distinguished by its focus on the application of quantitative empirical research to the study of international arbitration. It collects, together with commentary, the existing empirical literature on the subject, and also presents several studies published here for the first time. Beginning with a basic overview of the methods of empirical research (surveys, observational studies, experimental studies), the book goes on to reprint the existing empirical studies under six headings: why parties agree to arbitrate; arbitration clauses; arbitral pr...
Strategies Under Surveillance
Geoffrey Westgate offers a new understanding of Irmtraud Morgner by reading her as a specifically East German writer. The book examines the literary strategies Morgner adopted with respect to pivotal cultural-political developments in the GDR. The study considers Morgner's career as a whole and uncovers texts which have not appeared in bibliographies of her writings and draws on new biographical material, including the writer's Nachlass."
The Corporate Counsel's Guide to Mediation
This book is designed to help corporate counsel successfully settle commercial disputes through mediation. It examines the unique role that corporate counsel can play in mediation and offers step-by-step guidance. Topics include: an overview of the mediation alternative for corporate counsel; drafting mediation clauses; court-directed mediations; selecting the right mediator; preparing a case for mediation; participating in the mediation sessions; follow-up action after the mediation; and cross-cultural mediations.
International Commercial and Investor-State Arbitration
This thought-provoking book combines analysis of international commercial and investment treaty arbitration in order to examine how they have been framed by the twin tensions of ‘in/formalisation’ and ‘glocalisation’. Taking a comparative approach, the book focuses on Australia and Japan in their attempts to become regional hubs for international arbitration and dispute resolution services in the increasingly influential Asia-Pacific context as well as a global context.
Resolving International Conflicts
While focusing on international private law and international arbitration, the essays also address the questions of constitutional law and legal philosophy. State-of-the-art contributions, covering a wide scope from the practical analysis of American arbitration policy and the position of the USA vis-à-vis international law, through the latest developments in German legal practice, to theoretical issues of jurisdiction. Especially rich is the volume in exploring the legal dimension of the European integration process.
Procedure and Evidence in International Arbitration
Central to the book’s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthe...
Entering History
This book offers a thorough examination of the novels of Irmtraud Morgner (1933-1990), one of the most talented, compelling and overlooked writers within East German feminist and avant-garde circles. Using a combination of theoretical approaches - including Adorno's aesthetic theories and Bakhtinian analyses of dialogism and the carnivalesque - the author traces Morgner's engagement with postmodernist aesthetic strategies back to her efforts, beginning in the early 1970s, to pose questions about effective political practices. Morgner's work sheds new light on the fraught relationship between GDR intellectuals and the state, a hotly debated topic that marks most recent attempts to understand literary culture in the German Democratic Republic. Situating Morgner's fiction at the intersection of postmodern and feminist theory, this study also offers new evidence for viewing literature from the GDR as significantly more complex and aesthetically interesting than has been previously assumed.
New Directions in International Economic Law
Dedicated to the memory of a path-breaking international lawyer, Thomas Wälde, this volume offers an eclectic mix of contributions from leading academics and practitioners. Topics include: foreign direct investment, dispute settlement, corporate responsibility, economic development, natural resources, and private international law.
International Commercial and Marine Arbitration
International Commercial and Marine Arbitration analyses and compares commercial-martime arbitration in a number of different legal systems including the US, the UK, Greece and Belgium. The book examines the role of the courts in arbitration in each of these countries, making reference to the latest case law, and also makes extensive refe
Honour-Based Violence and Forced Marriages
In the last 20 years, the related phenomena of honour-based violence and forced marriages have received increasing attention at the international and European level. Punitive responses towards this type of violence have been adopted, including ad hoc criminalisation and legislation containing direct references to the concepts of honour, culture, and tradition. However, criminal law-based responses present several shortcomings and have often disregarded the specific needs that victims of such crimes might encounter. This book examines the possibility of using alternative programmes to address cases of honour-based violence and forced marriages. After reviewing previous existing literature, it...
