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The doctrine of res judicata is an increasingly significant issue in international commercial arbitration as the number of disputes subject to arbitration, parties, and arbitral forums has grown. Schaffstein analyses the doctrine in domestic and international litigation and its application, then sets out to identify practical guidelines.
By Gary B Born
Volume I, covering International Arbitration Agreements, provides a comprehensive discussion of international commercial arbitration agreements. It includes chapters dealing with the legal framework for enforcing international arbitration agreements; the separability presumption; choice of law; formation and validity; nonarbitrability; competence-competence and the allocation of jurisdictional competence; the effects of arbitration agreements;...
By Jan Paulsson
This volume provides the first theoretical examination of the concept of arbitration. It explores the place of arbitration in the legal process, offering a challenging yet accessible overview of the field and its theoretical underpinnings.
Mediation has become a vital means of resolving disputes in jurisdictions around the world. This book offers the most comprehensive comparative analysis available of mediation, introducing the law and practical experience of mediation in 22 jurisdictions and analysing how mediation should be regulated at a national and international level.
A practical reference providing detailed information and expert commentary on implementation of mediation law across 27 EU Member States, organized by country, with trends and differences analysed. Considers key Mediation Directive legislation following its entry into force and implementation.
This book offers a series of commentaries on noteworthy arbitration awards and court decisions on arbitration. Influential authors with proven arbitration experience share their insights on celebrated and less well-known cases, drawn from various countries, various arbitration institutions and including both commercial and investment arbitration.
By Ethan Katsh
This book provides a state-of-the-art overview and assessment of the status quo and future of the Online Dispute Resolution ODR field. International, comparative, and interdisciplinary approaches have been utilized. Written by leading ODR scholars, the first part of the book includes an in-depth assessment of ODR, its applications, and its...