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This book critically analyses how arbitration cases, institutional rules and emerging codes of conduct in the international arbitration sector have dealt with a series of key arbitrator duties to date. In addition, it offers a range of feasible and well-grounded proposals regarding investment arbitrators’ duties in the future. The following aspects are examined in depth: the duty of disclosure the duty to investigate the duty of diligence and integrity , which in turn may be divided into temporal availability, a non-delegation of responsibilities, and adhering to appropriate behaviour the duty of confidentiality, and other duties such as monitoring arbitration costs, or continuous training . Investment arbitration is currently undergoing sweeping changes. The EU proposal to create a Multilateral Investment Court incorporates a number of ground-breaking developments with regard to arbitrators. Whether this new model of permanent “members of the court” will ever become a reality, or whether the classical ex-parte arbitrator system will manage to retain its dominance in the investment arbitration milieu, this book is based on the assumption that there is a current need to re-examine and rethink the main duties of investment arbitrators. Apart from being the first monograph to analyse these duties in detail, the book will spark a crucial debate among international scholars and practitioners. It is essential to identify arbitrators’ duties and find consensus on how they should be reshaped in the near future, so that these central figures in investment arbitration can reinforce the legitimacy of a system that is currently in crisis.
Mediation. --- Dispute resolution (Law). --- Conflict management. --- Corporations-Finance. --- Bank marketing. --- Dispute Resolution, Mediation, Arbitration. --- International Economic Law, Trade Law. --- Corporate Finance. --- European Law. --- Private International Law, International & Foreign Law, Comparative Law . --- Financial Services. --- Banks and banking --- Marketing of bank services --- Marketing of banking services --- Marketing --- Conflict control --- Conflict resolution --- Dispute settlement --- Management of conflict --- Managing conflict --- Management --- Negotiation --- Problem solving --- Social conflict --- Crisis management --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Dispute processing --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Good offices (Mediation) --- Conflict management --- Dispute resolution (Law) --- Law and legislation --- International law. --- Trade. --- Corporations—Finance. --- Law—Europe. --- Private international law. --- Conflict of laws. --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Law of nations --- Nations, Law of --- Public international law --- Civil law --- Arbitration (Administrative law). --- Trade regulation. --- Business enterprises --- Comparative law. --- Financial services industry. --- Private International Law, International and Foreign Law, Comparative Law. --- Business finance --- Business financial management --- Financial analysis of business enterprises --- Financial management, Business --- Financial management of business enterprises --- Financial planning of business enterprises --- Managerial finance --- Regulation of trade --- Regulatory reform --- Trade regulation --- Commercial law --- Consumer protection --- Deregulation --- Administrative arbitration --- Arbitration, Administrative --- Administrative law --- Services, Financial --- Service industries --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Finance. --- Europe.
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This book is the first in the field to explore the use of music in negotiation, conflict resolution and leadership development. Presenting grounded empirical data, it examines how adopting an ensemble approach to negotiation and problem-solving might assist in shifting adversarial combative and competitive frames towards a collaborative mindset. The book introduces a music-based cognitive metaphor and music-based pedagogy into the study of negotiation and problem-solving, considering the impact of arts-based learning strategies on the theory and practice of dispute resolution and enriching readers’ understanding of the design and implementation of such strategies. Specifically focused upon the rise of arts-based learning in professional business management education and training, this book explores the need for foundational change in conflict culture and leadership development, and how we might achieve it.
Leadership. --- Ability --- Command of troops --- Followership --- Management—Study and teaching. --- Manpower policy. --- Mediation. --- Dispute resolution (Law). --- Conflict management. --- Management Education. --- Human Resource Development. --- Creativity and Arts Education. --- Dispute Resolution, Mediation, Arbitration. --- Conflict control --- Conflict resolution --- Dispute settlement --- Management of conflict --- Managing conflict --- Management --- Negotiation --- Problem solving --- Social conflict --- Crisis management --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Dispute processing --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Good offices (Mediation) --- Conflict management --- Dispute resolution (Law) --- Employment policy --- Human resource development --- Labor market --- Labor market policy --- Manpower utilization --- Labor policy --- Labor supply --- Trade adjustment assistance --- Law and legislation --- Government policy --- Art education. --- Art --- Art education --- Education, Art --- Art schools --- Analysis, interpretation, appreciation --- Education --- Executives --- Personnel management. --- Arbitration (Administrative law). --- Training of. --- Study and teaching. --- Administrative arbitration --- Arbitration, Administrative --- Administrative law --- Corporations --- Employment management --- Human resource management --- Human resources management --- Personnel administration --- Public administration --- Employees --- Employment practices liability insurance --- Supervision of employees --- Executive training --- Executives, Training of --- Management development --- Management training --- Assessment centers (Personnel management procedure) --- Personnel management
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This book provides a comprehensive study of the standard of ‘full protection and security’ (FPS) in international investment law. Ever since the Germany-Pakistan BIT of 1959, almost every investment agreement has included an FPS clause. FPS claims refer to the most diverse factual settings, from terrorist attacks to measures concerning concession contracts. Still, the FPS standard has received far less scholarly attention than other obligations under international investment law. Filling that gap, this study examines the evolution of FPS from its medieval roots to the modern age, delimits the scope of FPS in customary international law, and analyzes the relationship between FPS and the concept of due diligence in the law of state responsibility. It additionally explores the interpretation and application of FPS clauses, drawing particular attention to the diverse wording used in investment treaties, the role ascribed to custom, and the interplay between FPS and other treaty-based standards. Besides delivering a detailed analysis of the FPS standard, this book also serves as a guide to the relevant sources, providing an overview of numerous legal instruments, examples of state practice, arbitral decisions, and related academic publications about the standard.
Investments --- Investment law --- Law and legislation. --- Mediation. --- Dispute resolution (Law). --- Conflict management. --- International law. --- Trade. --- Business. --- Commerce. --- Investment banking. --- Securities. --- Dispute Resolution, Mediation, Arbitration. --- International Economic Law, Trade Law. --- Investments and Securities. --- Blue sky laws --- Capitalization (Finance) --- Investment securities --- Portfolio --- Scrip --- Securities --- Securities law --- Underwriting --- Investment banking --- Banks and banking, Investment --- Investment banks --- Financial institutions --- Trade --- Economics --- Business --- Transportation --- Management --- Commerce --- Industrial management --- Law of nations --- Nations, Law of --- Public international law --- Law --- Conflict control --- Conflict resolution --- Dispute settlement --- Management of conflict --- Managing conflict --- Negotiation --- Problem solving --- Social conflict --- Crisis management --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Dispute processing --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Good offices (Mediation) --- Conflict management --- Dispute resolution (Law) --- Law and legislation --- Traffic (Commerce) --- Merchants --- Arbitration (Administrative law). --- Trade regulation. --- Retail trade. --- Financial services industry. --- Trade and Retail. --- Financial Services. --- Services, Financial --- Service industries --- Retail industry --- Retailing --- Marketing --- Shopping centers --- Wholesale trade --- Regulation of trade --- Regulatory reform --- Trade regulation --- Commercial law --- Consumer protection --- Deregulation --- Administrative arbitration --- Arbitration, Administrative --- Administrative law
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