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This Commentary offers an article-by-article examination of the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention), as well as insights into the negotiation process through which the Convention was developed. It provides deep theoretical and practical analysis of the Convention and its consequences for the promotion of mediation as a mechanism to solve commercial conflicts with a cross-border character. Key Features: - A comparative approach with perspectives from five continents and a variety of legal traditions - Critical discussion of every stage from the negotiation to the conclusion of the Convention - Sound proposals for the Convention's implementation and application by States and regional organisations - Contributions from a diverse group of practitioners and academics, including some who were part of the negotiation of the Singapore Convention The Commentary will be a crucial resource for practitioners, arbitrators and mediators involved in cross-border commercial disputes, as well as judges in this area. It will also be of interest to scholars working in international commercial law, arbitration and mediation.
Mediation. --- Médiation. --- International trade. --- Commerce international. --- Investments, Foreign --- Investissements étrangers --- Law and legislation. --- Droit. --- Singapore Mediation Convention --- Mediation, International --- Médiation internationale --- Commerce international --- Investments, Foreign (International law) --- Investissements étrangers (Droit international) --- Comparative law --- Droit comparé --- Mediation --- International trade --- Law and legislation --- Médiation. --- Investissements étrangers
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During the last decade Europe has undertaken an active and broad process of harmonisation of choice-of-law rules within the EU. However, this drastic movement towards a harmonised system has so far left aside a highly relevant issue: the application by judicial and non-judicial authorities of the foreign law. In full contrast to the little attention so far paid to it in the EU, this issue is said to be the crux of the conflict of laws. It violates legal certainty and contradicts the objective of ensuring full access to justice to all European citizens within the EU. This book provides a comparative study of the existing situation in all EU member states and drafts some basic principles for a future European instrument. It will become a highly useful tool for lawyers, judges, notaries, land registries, academics, prosecutors etc.
Legal theory and methods. Philosophy of law --- European law --- European Union --- Comparative law --- Conflict of laws --- Droit comparé --- Droit international privé --- Foreign law, Pleading and proof of --- Buitenlands recht. --- Europees recht. --- Internationaal privaatrecht. --- Toepassingen. --- Droit comparé --- Droit international privé --- Evidence (Law) --- Judicial notice --- Pleading --- Foreign law, Pleading and proof of - Europe --- Conflict of laws - Europe --- Preuve de la loi étrangère --- Conflit de juridictions --- Etudes comparatives --- Pays de l'Union européenne
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Mediation --- Dispute resolution (Law) --- Civil law --- Commercial law --- herstelbemiddeling --- 347.91 <41> --- Bijzondere privaatrechtelijke procedures. Procesvoering--Verenigd Koninkrijk van Groot-Brittannië en Noord-Ierland --- 347.91 <41> Bijzondere privaatrechtelijke procedures. Procesvoering--Verenigd Koninkrijk van Groot-Brittannië en Noord-Ierland --- Médiation --- privaatrecht --- Law of civil procedure --- gerechtelijk recht --- internationaal recht --- Mediation - Europe --- Mediation - European Union countries --- Autriche --- Lettonie --- Estonie --- Lituanie --- Belgique --- Bulgarie --- Chypre --- Royaume-Uni --- France --- Suède --- République tchèque --- Allemagne --- Grèce --- Hongrie --- Roumanie --- Slovaquie --- Danemark --- Irlande --- Italie --- Malte --- Pologne --- Portugal --- Espagne --- Pays-Bas --- Finlande --- Règlement de conflits --- Médiation --- Pays de l'Union européenne --- Etudes comparatives
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