Products related to Disputes:
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Mediating Sovereign Debt Disputes
This book provides a fresh perspective on resolving sovereign debt disputes within the investor-state mediation framework.In response to the limitations of traditional approaches to adjudicating public debt issues and the resulting gaps in international law concerning sovereign defaults, creditors have increasingly turned to investor-state treaty arbitrations to recover unpaid debts.However, this shift has raised numerous criticisms and concerns. Accordingly, this book explores the uncharted territory of utilizing mediation as a means to settle sovereign debt claims.It sheds light on the distinctive characteristics of mediation as a process, setting it apart from judicial litigation and private arbitration, and emphasizing the unique outcomes it can generate.The central argument of this book is that mediation should be seriously considered as a viable option for resolving sovereign debt disputes.Not only does it offer a more cost-effective and expeditious approach, but it also has the potential to facilitate economic recovery and sustain continued investment.
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Mediating High Conflict Disputes
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Probate Disputes and Remedies
Probate Disputes and Remedies provides clear, practical and in-depth guidance to the law and procedure of contentious probate work.Adopting a problem-solving approach the authors highlight specific difficulties that are likely to be encountered in practice, discuss the advantages and disadvantages of each course of action and point out the potential pitfalls along the way.The work deals with the following matters: * Disputed lifetime transactions and the Court of Protection* Coroners' inquests and burial disputes* Obtaining the grant - dispute and resolution* Disputes relating to the will* Estate administration disputes* Disappointed beneficiary claims* Creditor claims and insolvent estates* Claims against professional advisers
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Peaceful Management of Maritime Disputes
International law concerning maritime boundary dispute resolution reflects normative aspirations for peacefully managing some of the most intractable challenges in foreign affairs.Focusing on key international law issues relating to maritime boundary disputes, this book explores how international law and legal institutions facilitate these goals theoretically and practically.This process includes a balance of equities among states grounded in the Charter of the United Nations and the protection of sovereignty, territorial integrity, and political independence of Member States, while avoiding threats to the peace, breaches of the peace, and acts of aggression.The UN Charter is complemented by the rules in customary law and UNCLOS for evaluating maritime claims and addressing disputes, including conciliation, litigation, and arbitration.Despite the comprehensive nature of these procedures, numerous maritime disputes persist, including those in the East China Sea and South China Sea.As the disputes continue, however, general international law and the UNCLOS framework captures additional norms and rules that may act to reduce tension and manage disputes.As States shift closer to or farther from compliance on maritime claims and delimitation, the rules of behavior that pertain to flag States and coastal States may help to maintain the peace.This volume offers a distributed study in the factors affecting maritime disputes, international law frameworks and diplomatic models for addressing them, and legal, security, and historical dynamics in East Asia.The book goes beyond the existing debate to offer suitable methods for managing contemporary disputes and makes a meaningful impact on thinking about regional maritime security and international maritime law.
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Construction Disputes : Seeking Sensible Solutions
This book reflects the author's fifty years' experience in international construction projects and the management and resolution of disputes.During those fifty years, Wayne Clark's aim has always been to guide parties towards sensible and clear communication, nurturing relationships and seeking early solutions to their differences.His primary goal is to help parties avoid unnecessary conflict - a theme that is clearly evident throughout this book. While two chapters are devoted to preparing construction claims to persuade a tribunal - and in so doing persuade the other side to reach an amicable settlement - the book covers a much wider scope: from the building owner's dream through to the contractor handing over the completed project, wise contract administration, settlement negotiations, the third-party resolution process and, finally, arbitration.During each of these stages, the theme is for the parties to continually seek ways to resolve their differences.The book also introduces the idea of the 'shadow arbitrator', who, if commissioned early in the dispute process, can guide parties and legal counsel to prepare claims and arbitral pleadings that will persuade a tribunal - and encourage the parties to find sensible solutions.
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Conciliation of Construction Industry Disputes
Conciliation of Construction Industry Disputes describes Conciliation as it has evolved and been practised in Ireland for the past 25 years and provides readers with practical guidance on this Alternative Dispute Resolution (ADR) method.Conciliation combines advantages of both mediation and adjudication and has been very widely practiced in Ireland over the last 25 years.It is low cost, quick and has been hugely successful.It continues to be the most used and preferred method of resolution of disputes in Irish construction contracts despite the introduction of statutory adjudication.The book includes a comparison of the various methods of ADR and will assess how Conciliation fits into them, noting the pros and cons of each.Conciliation is described in detail and the reasons for its success are analysed. This book provides comprehensive guidance on how conciliation should be conducted to maximise its chance of being successful.Drawing on his wide experience of resolving disputes by conciliation, Brian Bond illustrates the problems which can be encountered and how they may be overcome.This book will be useful reading for all involved in construction contracts, construction managers, lawyers and legal advisers, conciliators, those aspiring to become conciliators and anyone looking for an alternative dispute resolution method to a construction contracts dispute.
Price: 130.00 £ | Shipping*: 0.00 £ -
NEC4 Resolving and Avoiding Disputes
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Adjudicating Construction and Engineering Disputes
This book provides a comprehensive guide to the process of construction industry adjudication from the perspective of the adjudicator.It covers the whole process of adjudication, from the initial enquiry through case management, the conduct of the proceedings, the production of the Decision and post-Decision matters.The purpose is to provide a resource for aspiring and practising adjudicators, both in the UK and internationally. Since its inception in the UK in 1998, adjudication has become the forum of choice in the UK construction industry, and its success has seen the process increasingly being used in other jurisdictions as well as on international construction projects.The adjudication process has evolved into a highly complex one, requiring considerable skill on the part of the adjudicator, who is often required to work under tight timelines in what can be a high-pressure environment.This can create particular challenges and a number of potential pitfalls for the unwary.Although there are a number of texts that cover adjudication, their focus is the law and practice of adjudication from the perspective of the users; this guide is from the perspective of the adjudicator.
Price: 50.00 £ | Shipping*: 0.00 £
Similar search terms for Disputes:
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What are neighborhood disputes and paternity disputes?
Neighborhood disputes are conflicts or disagreements between neighbors over issues such as noise, property boundaries, pets, or parking. These disputes can escalate and lead to legal action if not resolved amicably. On the other hand, paternity disputes arise when there is uncertainty or disagreement about the biological father of a child. These disputes often involve legal proceedings to establish paternity and determine parental rights and responsibilities.
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What are wage disputes?
Wage disputes are conflicts or disagreements between employers and employees regarding the amount of compensation for work performed. These disputes can arise due to issues such as unpaid wages, incorrect salary calculations, or disputes over overtime pay. Wage disputes can often lead to legal action or involvement of labor unions to help resolve the conflict and ensure fair compensation for the employees.
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Why are disputes and conflicts prohibited?
Disputes and conflicts are prohibited because they can lead to negative consequences such as damaged relationships, loss of trust, and emotional distress. Resolving conflicts in a peaceful and respectful manner is essential for maintaining harmony and cooperation within a community or organization. By prohibiting disputes and conflicts, we can create a safe and supportive environment where individuals can communicate effectively and work together towards common goals.
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How to deal with family disputes?
Family disputes can be challenging to navigate, but open communication is key. It's important to listen to all parties involved and try to understand their perspectives. Finding a compromise that addresses everyone's concerns can help resolve the conflict. Seeking the help of a mediator or counselor can also be beneficial in facilitating productive discussions and finding solutions.
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How often do neighborhood disputes occur?
Neighborhood disputes can occur quite frequently, as they can arise from a variety of issues such as noise complaints, property boundaries, parking, or disagreements over shared amenities. The frequency of these disputes can vary depending on the neighborhood and the individuals involved, but they are a common occurrence in many communities. It is important for neighbors to communicate openly and respectfully to try and resolve any conflicts that may arise.
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Why are there payment disputes on eBay?
Payment disputes on eBay can occur for a variety of reasons, such as buyers claiming they did not receive the item, received a damaged item, or the item was not as described. Sellers may also dispute payments if they believe the buyer is trying to scam them or if there are issues with the payment method used. Additionally, misunderstandings or miscommunications between buyers and sellers can lead to payment disputes on eBay.
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How do you deal with family disputes?
When dealing with family disputes, I believe it is important to approach the situation with empathy and understanding. I try to actively listen to all parties involved and encourage open communication to address the root of the issue. I also believe in finding common ground and working towards a solution that is fair and respectful to everyone involved. If needed, seeking the help of a neutral third party, such as a mediator or counselor, can also be beneficial in resolving conflicts within the family.
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What are the disputes about novice drivers?
Disputes about novice drivers often revolve around the level of training and experience they have before obtaining their license. Some argue that novice drivers should undergo more rigorous training programs to ensure they are better prepared for the road. Others believe that restrictions, such as curfews or limits on the number of passengers, should be placed on novice drivers to reduce the risk of accidents. Additionally, there is debate about the effectiveness of graduated licensing systems in different regions and whether they are sufficient in addressing the challenges faced by novice drivers.
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