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Author: Maud Piers
Publisher: Cambridge University Press
ISBN: 1108417906
Category : Law
Languages : en
Pages : 327
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Book Description
Demonstrates the enormous impact that the use of technology is having, and will continue to have, on arbitration.
Author: Maud Piers
Publisher: Cambridge University Press
ISBN: 1108417906
Category : Law
Languages : en
Pages : 327
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Book Description
Demonstrates the enormous impact that the use of technology is having, and will continue to have, on arbitration.
Author: Leonardo de Oliveira
Publisher: Kluwer Law International B.V.
ISBN: 9403506814
Category : Law
Languages : en
Pages : 421
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Book Description
Access to Justice in Arbitration Concept, Context and Practice Edited by Leonardo V P de Oliveira & Sara Hourani The exponential growth of arbitration beyond commercial and investment matters, reaching disputes that have traditionally been decided by courts – such as labour and employment, sports, and competition disputes, and those involving human rights violations – raises questions about the impact of this expansion on access to justice. This collection of essays by arbitral practitioners, academics, and arbitral institution officials presents, for the first time, an in-depth analysis of the role access to justice plays in arbitration. Overall, the book assesses how access to justice can be guaranteed in arbitration and, in particular, shows how access to justice works in various types of arbitration. The book and its contributions will be of immeasurable value in determining the practical application of such concerns as the following: when issues of access to justice can be raised in arbitral disputes and when violations of access to justice can be challenged; ramifications of arbitration clauses in contracts; ensuring fairness and efficiency arising from technological innovations applied to arbitration; legal framework applicable to online dispute resolution and blockchain-based arbitration, especially with regard to recognition and enforcement; and access to justice in arbitrations involving sexual harassment. The book concludes with three chapters on access to justice under the rules of arbitral institutions as revealed by studies of the World Intellectual Property Organisation, the Singapore International Arbitration Centre, and the International Centre for Settlement of Investment Disputes. Arbitration provides a final binding decision that can be challenged on very limited grounds; thus, with arbitration settling disputes that were originally a prerogative of the judiciary, securing fairness in such procedures is paramount to the survival of arbitration. For this reason, arbitration practitioners, institutions, and academics will appreciate this deeply-informed analysis and commentary on a crucial aspect of a highly significant and rapidly evolving area of practice.
Author: Ana Mercedes Lopez Rodriguez
Publisher: Brill Nijhoff
ISBN: 9789004447394
Category : Law
Languages : en
Pages : 299
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Book Description
"The papers collected in this volume address the emerging issues in fresh and thoughtful ways. They lay the foundation for taming the brave new world that technological progress is now thrusting upon us"--
Author: Maxi Scherer
Publisher: Kluwer Law International B.V.
ISBN: 9403528435
Category : Law
Languages : en
Pages : 314
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Book Description
International Arbitration and the COVID-19 Revolution Edited by Maxi Scherer, Niuscha Bassiri & Mohamed S. Abdel Wahab The impact of the COVID-19 pandemic on all major economic sectors and industries has triggered profound and systemic changes in international arbitration. Moreover, the fact that entire proceedings are now being conducted remotely constitutes so significant a deviation from the norm as to warrant the designation ‘revolution’. This timely book is the first to describe and analyse how the COVID-19 crisis has redefined arbitral practice, with critical appraisal from well-known practitioners of the pandemic’s effects on substantive and procedural aspects from the commencement of proceedings until the enforcement of the award. With practical guidance from a variety of perspectives – legal, practical, and sector-specific – on the conduct of international arbitration during the COVID-19 pandemic and beyond, the chapters present leading practitioners’ insights into the unprecedented and multifaceted issues that arise. They provide expert tips and challenges in such practical matters as the following: preventing and resolving disputes of particular types – construction, energy, aviation, technology, media and telecommunication, finance and insurance; arbitrator appointments; issues of planning, preparation and sample procedural orders; witness preparation and cross-examination; e-signature of arbitral awards; setting aside and enforcement proceedings; and third-party funding. Also included are an empirical survey of users’ views and an overview of how the COVID-19 revolution has affected the arbitration rules of leading arbitral seats. With this timely and practical book, arbitration practitioners and scholars will gain up-to-date knowledge of sector-specific challenges brought about by the COVID-19 pandemic and approach arbitration proceedings with an understanding of the most important legal and practical considerations during the crisis and beyond.
Author: Maud Piers
Publisher: Cambridge University Press
ISBN: 1108285015
Category : Law
Languages : en
Pages : 327
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Book Description
Arbitration in the Digital Age analyses how technology can be efficiently and legitimately used to further sound arbitration proceedings. The contributions, from a variety of arbitration scholars, report on current developments, predict future trends, and assesses their impact from a practical, legal, and technical point of view. The book also discusses the relationship between arbitration and the Internet and analyses how social media can affect arbitrators and counsel's behaviour. Furthermore, it analyses the validity of electronic arbitration and awards, as well as Online Arbitration (OArb). The volume establishes, on a very practical level, how technology could be used by arbitration institutions, arbitrators, parties to an arbitration and counsel. This book will be of special interest to arbitrators and lawyers involved in international commercial arbitration.
Author: Fabien Gélinas
Publisher: Oxford University Press
ISBN: 0199916012
Category : Law
Languages : en
Pages : 329
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Book Description
In 'Trade Usages and Implied Terms in the Age of Arbitration', Fabien Gélinas, along with a distinguished group of leaders from the international community, provide a clear explanation of how usages, and more generally the implicit or implied content of international commercial contracts, are approached by some of the most influential legal systems in the world.
Author: Larry A. DiMatteo
Publisher: Cambridge University Press
ISBN: 1108936199
Category : Law
Languages : en
Pages : 650
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Book Description
With increasing digitalization and the evolution of artificial intelligence, the legal profession is on the verge of being transformed by technology (legal tech). This handbook examines these developments and the changing legal landscape by providing perspectives from multiple interested parties, including practitioners, academics, and legal tech companies from different legal systems. Scrutinizing the real implications posed by legal tech, the book advocates for an unbiased, cautious approach for the engagement of technology in legal practice. It also carefully addresses the core question of how to balance fears of industry takeover by technology with the potential for using legal tech to expand services and create value for clients. Together, the chapters develop a framework for analyzing the costs and benefits of new technologies before they are implemented in legal practice. This interdisciplinary collection features contributions from lawyers, social scientists, institutional officials, technologists, and current developers of e-law platforms and services.
Author: Elias Aboujaoude
Publisher: Oxford University Press, USA
ISBN: 019938018X
Category : Medical
Languages : en
Pages : 305
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Book Description
The internet and related technologies have reconfigured every aspect of life, including mental health. Although the negative and positive effects of digital technology on mental health have been debated, all too often this has been done with much passion and few or no supporting data. This book brings together distinguished experts from around the world to review the evidence relating to this area.
Author: Margaret L. Moses
Publisher: Cambridge University Press
ISBN: 1139469975
Category : Law
Languages : en
Pages : 91
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Book Description
This title provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including changes in arbitration laws, rules, and guidelines. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of the best arbitration practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.
Author: Stefan Grundmann
Publisher: European Contract law and Theory
ISBN: 9781780684772
Category : Contracts
Languages : en
Pages : 0
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Book Description
The book offers an overview of the interactions between digital technologies and contract law, focusing largely on the two Proposals of the EU Commission of 2016 on digital contracting and digital contents.
