Arbitration and Mediation in International Business:Vol. 4:Designing Procedures for Effective Conflict Management - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Arbitration and Mediation in International Business:Vol. 4:Designing Procedures for Effective Conflict Management write by Christian Bouhring-Uhle. This book was released on 1996-07-04. Arbitration and Mediation in International Business:Vol. 4:Designing Procedures for Effective Conflict Management available in PDF, EPUB and Kindle. Alternative dispute resolution (ADR) techniques have their greatest potential in the field of international disputes, according to the Secretary General of the ICC Court of International Arbitration. Arbitration and Mediation in International Business sets out the complete universe of ADR techniques for international business in a single treatise for the first time. the author explains how both international commercial arbitration and the relevant alternative techniques actually function in practice and discusses ways in which they can combine to reach the ultimate goal of effective and efficient conflict management. Based on the first-ever comprehensive empirical analysis of the process of international arbitration, this work uncovers a fundamental conflict between the effectiveness of any mediation attempts by the arbitrator and the integrity of the arbitration process. to resolve this `arbitrator's dilemma', the author proposes the insertion of neatly separated `mediation windows' into ongoing arbitration proceedings, combining the benefits of arbitration and mediation without compromising either procedure. With its rigorous academic analysis tempered with a highly practical focus, this treatise will prove indispensable for the scholar and practitioner of international business dispute resolution and for anyone who may have to confront the possibility of conflict in international commerce. This title received an Honorable Mention in the 1996 Book Prize Category of the CPR Institute for Dispute Resolution Awards for Excellence in ADR.
Arbitration and Mediation in International Business
Arbitration and Mediation in International Business - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Arbitration and Mediation in International Business write by Christian Bühring-Uhle. This book was released on 2006-01-01. Arbitration and Mediation in International Business available in PDF, EPUB and Kindle. "Arbitration and mediation in international business was first published in 1996 and was one of the first comprehensive studies on the practice of international business dispute resolution, covering both international commercial arbitration and the so-called ?alternative? techniques such as mediation. The book also provided an empirical analysis of how both arbitration and mediation are conducted in a crossborder context, along with a normative guide to the relative costs and benefits of these two methods. This second edition is not just an updated version of the first edition but a new book in itself: Benefitting from the contributions of two co-authors, the work has been enhanced by discussions of innovative tools for making settlement negotiations more effective, and by the in-depth analysis of practical techniques to integrate mediation and arbitration in international business. Also, a comprehensive new empirical survey was conducted in order to capture new trends in this rapidly developing field. The result is a ?must have? resource for anyone having to deal with potential conflict in international business relationships."--Publisher's website.
Constructive Interventions
Constructive Interventions - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Constructive Interventions write by Lars Kirchhoff. This book was released on 2008-01-01. Constructive Interventions available in PDF, EPUB and Kindle. In the contemporary discipline of conflict resolution, adjudication and alternative dispute resolution (ADR) are often seen as antagonistic trends. This important book contends that, on the contrary, it is the bringing together of these trends that holds the most promise for an effective system of international justice. With great insight and passion, built firmly on a vast knowledge of the field, Lars Kirchhoff exposes the contemporary structural barriers to effective conflict resolution, defining where adjudication ends and ADR--and particularly the recent development of mediated third party intervention from an 'art' to a veritable 'science'--must come into play. The work starts by defining the challenges, potentials and shortcomings of different approaches to conflict resolution in an interdependent world--where the multiplicity of actors, topics and interests involved even in seemingly bilateral conflict situations is clearly manifest--and goes on to define useful models and connect the various elements relevant for the resolution of conflicts in a transparent way. In the course of its investigation the book accomplishes the following: * illustrates the various departure points and perspectives scholars of conflict resolution have taken as the basis for their work; discusses who should become involved in conflicts as a third party and by which techniques this should occur; systematically conveys the nature and consequences of intervention through mediation, focusing on the method's critical challenges; and clarifies the particular model of international mediation under development through UN initiatives. In approaching these intertwined topics, the author draws concrete conclusions for the realms of international law and related disciplines as well as for the organizational context of the United Nations. He explores such diverse scenarios as conflicts between States, conflicts involving international organizations, and--in accordance with the changing parameters of international law--even conflicts involving individuals, clarifying which constellations can be tackled by international mediation and which conflicts should be dealt with by other forms of diplomacy or adjudication. It is the conviction of many intermediaries and scholars that the considerable potential inherent in resolving conflicts peacefully is rarely put into practice. Although some of the reasons for this phenomenon are beyond the influence of scholarly debate, in many instances the reasons for failure of peaceful resolution processes are more structural or systemic in nature. It is the great virtue of this book that it establishes enough clarity in an unclear and complex field to make concrete and workable recommendations in these instances, and for that reason it will be of immeasurable value and benefit to all scholars, policymakers, and activists dedicated to the pursuit of peace.
