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Search for Truth in Arbitration: Is Finding the Truth What Dispute Resolution Is About - ASA Special Series No. 35
This volume of the ASA Special Series contains the written version of the presentations given at the ASA 2009 Annual Conference on "The Search for "Truth" in Arbitration: Is finding the Truth what Dispute Resolution is about?" This volume explores the role and the relevance of "truth" in dispute resolution and specifically in commercial arbitration; the different notions of truth in different legal cultures; the users' view in that respect; and the consequences of these different perspectives and approaches for the practice of international arbitration. Part one provides the "philosophical" background to the subsequent discussions of some practical issues from the perspective of the users of...
Oscillation in Literary Modernism
While the two modernist novels considered in this book, Samuel Beckett's Murphy and Malcolm Lowry's Under the Volcano, were initially understood within the categories of stoic and tragic despair, more recent criticism has focused upon their carnivalesque dimension. The identification of these hermeneutic polarities presented the author with the challenging problem which underlies the present analysis, namely the question concerning the structural relationship between the contesting thematics. Drawing upon the paradigm of oscillation as established within the natural sciences, and adding a figurative dimension to the concept, the author has adapted this model as a key to unravelling the narrative buoyancy and structural coherence which sustain these novels of Modernism. The book elucidates how the carnivalesque challenge to despair contributes towards innovative narrative configurations, galvanizing the thematic antipodes into vertiginous microcosms of defiant selfhood.
ISAPZURICH: A Journey
The book contains contributions for the 10th anniversary of ISAPZURICH, the International School of Analytical Psychology in Zurich. Several authors explain why they left the C.G. Jung Institute in Kusnacht in 2004 and why they founded ISAPZURICH. In addition, there are contributions describing the particular identity and image which have evolved around ISAPZURICH in recent years."
Taming the Guerrilla in International Commercial Arbitration
The book explores the definition and nature of guerrilla tactics in international commercial arbitration. It analyses various such tactics deployed (pre-Covid and during Covid times) and portrays them in a way that enables one to visualise how, and possibly why, they might be deployed. Attempts to codify ethical standards and rules regulating the behaviour of legal representatives in international arbitration are examined. The book covers a range of culture clashes, addresses several elephants in the room, and looks at factors inherent in the arbitral process that create opportunities and increase temptations to misbehave. It considers the remedies and sanctions available in international ar...
Humanistica Lovaniensia - Volume XLII
Volume 42
The Evolution and Future of International Arbitration
The School of International Arbitration of the Centre for Commercial Law Studies at Queen Mary University of London celebrated its 30th anniversary in April 2015 with a major conference featuring presentations by 35 international arbitration practitioners and scholars from many countries representing a variety of legal systems. This volume has emerged from that conference. What is striking is not only the range and diversity of the topics examined but also the emergence of new subjects for examination, demonstrating that arbitration law and practice do not stand still but are constantly evolving. The issues and topics covered include the following: - Evolution of case law and practice in int...
Arbitral Procedure at the Dawn of the New Millennium
Conference organized by CEPANI on Oct. 14-15, 2004 to celebrate its 35th anniversary.
Baierscher Eilbote
None
Document Production in International Arbitration
Because document production can discover written evidence that would otherwise not be available, it is often the key to winning a case. However, document production proceedings can be a costly and time-consuming exercise, and arbitral awards in particular are often challenged on grounds that relate to document production orders. The task of balancing the conflicting interests of the parties in this context is a major responsibility of arbitral tribunals. This book's analysis focuses on whether there exist legal principles on which arbitrators should establish rules of document production in both civil law and common law countries, and shows how international arbitration is affected. The auth...
