Judicial law 32 results

Mediation is becoming an increasingly important tool for resolving civil and commercial disputes. The European Directive 2008/52/EC of the European Parliament and of the Council of 21.5.2008 on certain aspects of mediation in civil and commercial matters prescribes a set of minimum common rules on mediation for all EU Member States with the exception of Denmark. This book studies in depth the current legal framework in every EU Member State as regards mediation in civil and commercial matters, as well as the way in which the Directive has been, or is expected to be, implemented in the near future.

This book analyses in depth the various ADR devices present in relevant countries, such as Australia, China, England, Hong Kong, India, Indonesia, Ireland, Japan, Singapore, South Korea, Thailand, the Philippines, and the USA.

This study provides an overview of the existing acquis communautaire in property law, and presents a proposal for the future development of this field of law. It deals with the influence of the EU’s four freedoms on national property law and discusses whether or not the EU would have the competence to actively create property law, and the extent to which it has already done so.

This book comprises 25 up-to-date contributions by 34 renowned scholars and practitioners from 13 countries all over the world. It contains inter alia an analysis of the relationship between the increase in trade and the creation of dispute resolution institutions in MERCOSUL/R, an examination of mass procedures in investment arbitration, and a call for reasoned decisions regarding arbitrator challenges.

The New York Convention is regarded as one of the most successful treaties in the past fifty-five years in the field of transnational business law, more specifically, international commercial arbitration. Its simplicity and brevity in wording but complexity and diversity in application have triggered endless discussions, debates and writings. Rethinking the New York Convention – A Law and Economics Approach for the first time offers a unique jurisprudence-oriented analysis by applying two major analytic approaches, namely, Darwinian legal theory and game theory.

In the pursuit of justice, truth always plays a prominent role. In most legal systems, elaborate rules on the taking of evidence try to guarantee that an accurate, factual basis is used for the application of the law. Such rules are the core of most methods of adjudication and they are the main theme of the present volume, which focuses specifically on the rules of evidence within the context of efficiency in civil proceedings.

Mediation is becoming an increasingly important tool for resolving civil and commercial disputes. The European Directive 2008/52/EC of the European Parliament and of the Council of 21.5.2008 on certain aspects of mediation in civil and commercial matters prescribes a set of minimum common rules on mediation for all EU Member States with the exception of Denmark. This book studies in depth the current legal framework in every EU Member State as regards mediation in civil and commercial matters, as well as the way in which the Directive has been, or is expected to be, implemented in the near future.

Arbitration is one of the most successful dispute resolution devices in the international arena, be it in the context of commercial disputes, investor-state conflicts, or sports controversies. This volumeI highlights inter alia emergency rules, costs, and expert evidence in international arbitration, deals with dissenting opinions in commercial arbitration, reflects the ICC's arbitration clause for trust disputes, focuses on substantive and procedural issues of investment disputes and analyses the problem of creeping expropriation in this context.

This book makes a valuable contribution to the current discussion regarding the private enforcement of competition law, particularly through the use of group litigation. Forms of group litigation are debated not only at the European level, but in countries worldwide. Policy makers, practitioners and academics alike can draw relevant insights about the potentials and pitfalls of group litigation mechanisms.

This book provides a comparative analysis of the process of fact-finding in the litigation process. It offers theoretical insights on the distinctive features of the fact-finding arrangements in civil cases andt also examines the empirical data that shed light on the operation of procedural rules in legal practice.

This book supplies a number of perspectives on the development of enforcement of court judgments and other enforceable documents in Europe. The articles are written by experts from legal academia and professionals involved in enforcement practice. New trends are highlighted.

In a time when an ever growing demand for justice meets economic crisis and shrinking resources, innovative approaches to access to justice are urgently needed. The present volume discusses a variety of such approaches from across Europe (and beyond), all united by their significance in contemporary trends in legal and judicial reform.