Product Description
Emotions impact any practitioner of dispute resolution; yet, there are very few programs with courses that explore the emotional side of disputes. In Mediation, Conciliation, and Emotions, Peter Ladd outlines the emotions found in disputes and how these emotions function in dispute resolution. ... Read more

Customer Reviews (1)

A Welcome Surprise
I bought this book because someone told me it was as informative as Roger Fisher's negotiation book "Beyond Reason" and I was buying another book by Peter Ladd "Emotional Addictions". What a welcome surprise for anyone who is interested in the emotions involved in conflict resolution and especially mediation and conciliation. It has a similar format to Ladd's other book on emotions with many case study examples that make the information interesting. As a mental health counselor, I have many circumstances where resolving conflict becomes just as relevant as therapy. This book is clearly written and easily understood for those of us who do not consider conflict resolution our major field of endeavor. ... Read more

Product Description
Due to the nature of the arbitration process, provisional measures-especially interim protection of rights-tend to play a disproportionate role in international commercial arbitrations. Indeed, the need to clearly define such measures often constitutes the major stumbling block on the path to an effective resolution of a commercial dispute.

This concise but enormously useful volume offers practitioners the information and advice they need to overcome this obstacle in the best possible way every time. The Author covers all the relevant avenues of research and practice, from an overview of the concept of provisional measures to an in-depth analysis of the weight and enforceability of such measures. Along the way the treatment covers such crucial topics and issues as the following:

• scholarly analysis of the problems and uncertainties surrounding provisional measures, and their solutions in light of arbitral and judicial practice;
• the complex interaction of historical prejudices, political will, and business needs that impact the usefulness of provisional measures;
• choice of forum to seek provisional measures and the problems associated with such choice;
• complementary mechanisms to arbitration for interim protection of rights;
• standards of principles and procedures for the grant of provisional measures; and
• a comprehensive review of the arbitrators' power to grant provisional measures and court assistance to arbitration.

The presentation examines, compares, and analyses seventy sets of arbitration rules on provisional measures (including the arbitration rules of the ICC, AAA, and LCIA), all of the major state laws on commercial arbitration, and detailed analyses of numerous ICC and AAA awards, most of which have not been published before. This new and fully researched book fulfils and important need for user-friendly and complete practical coverage of provisional measures in international commercial arbitration. It wil be of great value to corporate counsel, international lawyers, and business people, as well as to students of dispute resolution.

Product Description
The Law of Dispute Resolution focuses on the process of litigation and explores the alternative approaches to dispute resolution and the circumstances under which they are applied. It also discusses the roles of individuals who are involved with these procedures and the guidelines which they are required to follow.

The Legal Almanac series serves to educate the general public on a variety of legal issues pertinent to everyday life and to keep readers informed of their rights and remedies under the law. Each volume in the series presents an explanation of a specific legal issue in simple, clearly written text, making the Almanac a concise and perfect desktop reference tool. All volumes provide state-by-state coverage. Selected state statutes are included, as are important case law and legislation, charts and tables for comparison. ... Read more

Product Description
This is the 2006 volume of the Arbitration Law Reports and Review series, which makes full texts as judgments on the arbitration law of England, Wales and Northern Ireland available in a single publication on an annual basis. Yearly volumes include a comprehensive collection of arbitration-related judicial decisions for the relevant calendar year, with back volumes in preparation to cover each year since entry into force of the Arbitration Act 1996. The case law is cross-referenced and each case is prefaced by a head note of keywords, a concise summary of the issues, the holding and judicial comments obiter plus lists of cases, arbitration rules and legislation referred to.

Each volume contains the Editor's analytical review of developments during the year, offering comment on decisions, grouping cases together under thematic headings to identify trends and developments, and integrating discussion of relevant non-arbitration related cases (contract interpretation, human rights, adjudication, expert determination, mediation, procedural fairness, duties to give reason and so on). The review also draws attention to comparative developments abroad, in particular to UNCITRAL Model Law jurisdictions applying similar legislative provisions. ... Read more

Product Description
The main focus of the book is on the challenge of an award in the municipal courts. After describing the public policy issues under Community law as well as under article 6 European Human Rights Convention the book compares the situation under five jurisdictions: Austria, England, France, Germany, and Switzerland. The book also covers the minimum requirements for an award, its correction, interpretation and amendment and, finally, some enforcement issues.

The Healthy Award - Challenge in International Commercial Arbitration provides a comprehensive view of the impact of Community law on the autonomy of arbitration.It sets forth in detail the jurisprudence of the Strasbourg instances on article 6 EHRC which can be relevant in arbitration and compares the legal situations in five major arbitration jurisdictions in Europe. Also efficiency improvements are proposed to further developments of arbitration law.

This publication allows an easy comparison of five major arbitration venues in Europe to facilitate the choice of the seat of arbitration and assists in the drafting of arbitration clauses. It provides orientation to counsels and arbitrators with regard to arbitration procedures and supplies comprehensive references to source materials and numerous examples for counsels and courts in proceedings concerning the challenge of awards.

This book will be of interest to corporate counsel and international lawyers, as well as to researches and students of dispute resolution. ... Read more

Product Description
F.A. Mann is considered to be one of the finest British lawyers of this century, esteemed both as an international jurist and as a practicing solicitor. He combined a thriving and prestigious practice with a prolific output of writing and teaching, with much of his work centering on the interrelationship of international and national law. This work represents some of the finest of his writing on such diverse topics as Anglo-American Legal Harmony, Bills of Exchange and the Conflict of Laws, and Foreign Arbitrations. This new collection of his work will gain a fresh audience for his writing, and should be found on the bookshelves of every lawyer with a serious interest in international law. ... Read more

Product Description

In a three-day symposium held at the School of International Arbitration, Centre for Commercial Law Studies (CCLS), Queen Mary University of London, on the occasion of its twentieth anniversary in April 2005, a stellar array of practitioners and academics undertook the task of taking a fresh look at some of the persistent legal and practice issues of international arbitration. The conference and this book derived from it illustrate the combination of the scholarly and the highly practical which has characterised the mission of the School of International Arbitration since its establishment in 1985.

These insightful papers demonstrate not only the increasing breadth and scope of the subject, but also the way in which many of its themes and issues cross legal and disciplinary boundaries and pose questions for the future of the law and arbitration practice in an internationalised world. These include:

• public policy;

• mandatory rules;

• confidentiality;

• provisional measures;

• res judicata;

• costs;

• amicus briefs;

• groups of companies;

• parallel proceedings; and

• anti-suit injunctions.

Product Description
Readers will find this book irresistible if they are interested in improvingthe lives of lawyers and the legal profession.The new treatise traces howwe moved from being a noble profession to being a billable hour-obsessedbusiness and demonstrates how we can return the profession to a noblecalling. ... Read more

Product Description
<p class=copymedium>This book sets out the law and practice relating to arbitrations which take place in France or under French procedural law, and highlights, whilst considering the various stages of the arbitral process in chronological order, (from formation of the arbitration agreement to the making of the award), the differences in the rules applicable respectively to ¿domestic¿ and ¿international¿ arbitration. It describes how the national courts may called upon to support the arbitration, and explains the rules which they apply if they are asked to recognise and enforce an award made in France, or if such an award is challenged before them. Further, it is shown that French law is more advantageous to the party seeking recognition or enforcement in France of a foreign award than are the relevant provisions of the New York Convention 1958; the underlying reasons for this situation are explained, and cases are reviewed where an award, which had been annulled in its country of origin, was nevertheless enforced in France, comparisons being drawn with other legal systems. ... Read more

Product Description
Since Smadar Ottolenghi first published her detailed analysisof Israel's new Arbitration Law in 1970, she has remained theunrivalled interpreter of arbitration law in her country, and atireless theorist of improved arbitral procedure. Virtually everyIsraeli judgement with regard to arbitration in the last thirty yearshas drawn on her definitive Hebrew treatise, Arbitration: Law andProcedure, which has been revised and extended twice, in 1980 andagain in 1990.

This book is Professor Ottolenghi's own English adaptation of herpeerless work, and is in fact the most up-to-date edition, as itincludes references to hundreds of judgements and other developmentsthat have occurred in the ten years since the publication of the mostrecent (Third) Hebrew edition. Anyone with the need or opportunity toarbitrate in Israel will find all the details they need, includingexpert guidance on such important substantive and procedural mattersas the following:

+Phrasing the arbitration clause;
+Matters in rem;
+Sole arbitration vs. party arbitration;
+Successors to arbitration agreements;
+ Settlement of labour disputes under arbitral agreements;
+The court's involvement in arbitration proceedings;
+Responsibility for arbitrator's remuneration;
+Limitations upon the arbitrator's powers;
+Setting aside an arbitrator's award;
+Effect of international conventions; and
+Enforcement of foreign arbitral awards.

To enhance communication betweenEnglish-speaking readers -- lawyers, arbitrators, and otherprofessionals and business people who will find this book immenselyuseful -- and their Israeli correspondents, the paragraphnumbering in this edition is identical with that of the Third HebrewEdition. Detailed indexes add greatly to the book's usefulness bymaking it easy to find material through several different avenues. ... Read more

Product Description
Increasingly, and to a greater degree than most national jurisdictions, France encourages and favours private arbitration as the normal and usual method for the resolution of disputes arising from international economic relations. In this new edition of the standard English-language work on French arbitration law and practice, the authors examine this trend as rules and practices developed in international arbitration have taken hold in French domestic arbitration and vice versa. Accordingly, the authors present the French arbitral process as one entire system of dispute resolution, which consists of various stages from the formation of the arbitration agreement to enforcement of the award, without dividing the subject into the formally distinct parts of domestic and international arbitration. The new edition highlights such features of this dynamic body of arbitration law as the following: characterization of international arbitration by French courts; cases which require decisions by a national court or authority; cases where inarbitrability arises from protection of the weaker party to a contract; cases where the decision sought would infringe a general rule of public policy; authority and duties of the arbitral tribunal; rights, obligations and liabilities of arbitrators; the time factor in the conduct of arbitral proceedings; tender and reception of evidence; prescribed substantive rules of law; the immediate effect and consequences of the arbitral award; enforcement of the award in France (exequatur); contesting orders of the juge de ;exequatur; grounds common to annulment of awards; and enforceability of awards pending challenge. At each stage the authors emphasize variations arising in international arbitration. The presentation also takes account, with comments at relevant points, of the influential 2006 Draft Reform of the Comit Fran ais de ;Arbitrage, which proposes to write into the Code de Procdure civile some of the arbitration-related matters which have been the subject of national court decisions. A highly useful annex reprints relevant French legislation, as well as the texts of major international arbitration conventions and an extensive bibliography. The objective of the book is to present a modern and efficient arbitration system, not only to readers who are encountering it for the first time, but also to those who, although well-versed in it, might benefit from a text in English, with the comparisons to common law provisions such an undertaking entails. Any practitioner or academic interested in the field of international arbitration and the enforcement of foreign awards will welcome this very useful and informative work. ... Read more

Product Description
Increased economic interdependencies and trade flows between states, innovations in information technology and computer networks, a global shift toward market economies and regional and multilateral trade arrangements, have all led to an increasingly globalized world economy.

The Forces of Economic Globalization: Challenges to the Regime of International Commercial Arbitration examines some of the challenges facing the regime of international commercial arbitration in the contemporary global economy. It considers the debates concerning the transformation of the global order and the role of nation states within the context of international commercial arbitration. Issues discussed include the transformative effect of economic globalization, the role of the epistemic community and the increased institutionalization within the international arbitral regime, the nationalization of international commercial arbitration and the denationalization and harmonization trends, the competitive nature of legislative reform, convergence and divergence in the international arbitral process, multilateralism and regionalism, market modernization and transnationalism, globalization and lex mercatoria, and the development of online arbitration schemes in cyberspace.

This book seeks to analyze the inner penetration of a form of world polity or transnational order ¿ comprised of part epistemic community, institutional networks, national laws and multilateral conventions, norms, rules, principles and transnational ideology ¿ on the traditional notion of state sovereignty within the international arbitral regime. The book will interest practitioners and academics with an interest in international commercial arbitration. ... Read more

Product Description
Here is the introductory volume to Kluwer's NAFTA Chapter Eleven Reports, an ongoing, comprehensive, and regularly augmented collection of full-text awards and other important decisions issued under the Agreements investor-state arbitration provisions. The texts in the series are supplemented with expert synopses that offer a unique guide to emerging jurisprudence in the field.

This initial volume collects and thoroughly indexes selected primary documents essential to a full understanding of the adjudications contained in subsequent volumes. It is designed to be a convenient, stand-alone reference valuable in connection with investor-state arbitrations of all kinds. Among the documents compiled are treaties, arbitration rules, and other legal texts relied upon by arbitrators and parties. The work orders the documents in a logical, user-friendly manner, and includes a detailed index and a full bibliography. The editors of this and subsequent volumes are recognized academics who regularly consult and publish on the investor-state arbitration field.

This volume is sure to take is place among the most essential resources not only of NAFTA specialists, but of all practitioners and academics in the field of investor-state arbitration.

Product Description
This book provides a comprehensive analysis of the role ofnon-judicial dispute settlement in international financialtransactions. Whereas arbitration and non-judicial dispute settlementmechanisms are of growing importance in international economictransactions, their present and future role in financial transactionsis not yet fully explored. This timely publication aims to fill thisgap in the literature and includes analyses of bank remedies, directnegotiation and mediation in financial and business conflicts, debtrenegotiations, restructuring of syndicated loans, arbitration inproject financing, and the roles of the ICC, NAFTA and OAS. Some ofthe expert papers focus in particular on the role of arbitration anddispute resolution in Latin America, Greater China and Russia. Non-Judicial Dispute Settlement in International FinancialTransactions is based on the edited and revised papers of aninternational conference -- part of a global series ofconferences held in 1999 on the `New International FinancialArchitecture' -- organised by the Law Centre of European andInternational Cooperation (R.I.Z., Cologne), the Centre for CommercialLaw Studies (London), the Asian Institute of International FinancialLaw (Hong Kong), and the SMU Institute of International Banking andFinance (Dallas). ... Read more

Product Description
This is the 2005 volume of theArbitration Law Reports and Review Series, which makes full texts of judgments on the arbitration law of England, Wales and Northern Ireland available in a single publication on an annual basis. Yearly volumes include a comprehensive collection of arbitration related judicial decisions for the relevant calendar year, with back volumes in preparation to cover each year since entry into force of the Arbitration Act 1996. The case law is cross-referenced and each case is prefaced by a headnote of keywords, a concise summary of the issues, the holding and judicial comments obiter plus lists of cases, arbitration rules and legislation referred to. Each volume contains the editor's analytical review of developments during the year, offering comment on decisions, grouping cases together under thematic headings to identify trends and developments, and integrating discussion of relevant non-arbitration related cases (contract interpretation, human rights, adjudication, expert determination, mediation, procedural fairness, duties to give reasons and so on). The review also draws attention to comparative developments abroad, in particular to UNCITRAL Model Law jurisdictions applying similar legislative provisions. ... Read more

Product Description

The 'reparational turn' in the field of law has resulted in the increased use of so-called 'informal' approaches to conflict resolution, including primarily the three mechanisms considered in this book: mediation, restorative justice and reparations. While proponents of these mechanisms have acclaimed their communicative and democratic promise, critics have charged that mediation, restorative justice and reparations all potentially serve as means for encouraging citizens to internalize and mimic the rationalities of governance. Indeed, the critics suggest that informal justice's supposed oppositional relationship to formal justice is, at base, a mutually reinforcing one, in which each system relies on the other for its effective operation, rather than the two being locked in a struggle for dominance.

This book contributes to the discussion of the confluence of informal and formal justice by providing a clearer picture of the justice 'field' through the notion of the 'informal/formal justice complex.'  This term, adapted from Garland and Sparks (2000), describes a cultural formation in which adversarial/punitive and conciliatory/restorative justice forms coexist in relative harmony despite their apparent contradictions. Situating this complex within the context of neoliberalism, this book identifies the points of rupture in the informal/formal justice complex to pinpoint how and where a truly alternative and 'transformative' justice (i.e. a justice that challenges and counters the hegemony of formal legal practices, opening the field of law to a broader array of actors and ideas) might be established through the tools of mediation, restorative justice and reparations.