An Analysis Of Splitting The Difference As A Description Of Arbitrator Behavior

Author: Henry S. Farber
Editor:
ISBN:
Size: 13,91 MB
Format: PDF
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The Decision Making Process Of Investor State Arbitration Tribunals

Author: Mary Mitsi
Editor: Kluwer Law International B.V.
ISBN: 9041196579
Size: 11,86 MB
Format: PDF, ePub, Mobi
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In the course of a single investor-state dispute, an arbitrator may make numerous decisions, from interpreting the treaty or national laws to taking into account case law, customs and policies. In practice, this process raises important issues regarding the consistency of decisions and the predictability and legitimacy of the decision-making process in general. Investment arbitration tribunals have developed a specialised process of legal decision making adapted to the interpretational needs that arise in the context of an investor-state dispute and to the transnational characteristics of the investment arbitration framework. This is the first book to offer an in-depth analysis of the transnational characteristics of investment arbitration and to analyse the interpretive arguments of investment tribunals and the way they use treaties, precedent, policies, general principles of law and customary law in their decision-making process. Drawing on publicly available arbitral case law supplemented with personal interviews with investment arbitrators, the author touches on such concepts and practices as the following: - an overview of various decision-making genres of arbitral tribunals: attitudinal, economic, strategic and legal; - the legal argumentation triptych of language–rhetoric–dialogue; - the specific language arbitrators have developed when interpreting the law; - how arbitrators use the concepts 'standards', 'rules', 'principles' and 'rights'; - the importance of the legal reasoning of arbitral awards and the role of rhetoric therein; - concepts of 'acceptability', 'audience' and 'legitimacy'; - limitations of the public international law interpretive methodology enshrined in the Vienna Convention; - interpretation of precedents, customary law, general principles of law and policies; - the way national and international legal orders interact in the context of interpretation; and - how decision-making is connected to the issues of predictability, consistency and the rule of law. The core of the book proposes a novel, full- edged dialogical network theory for analysing the interpretation process. As an exemplary demonstration of developing theory to keep up with practice, this unique book provides a deeply engaged means for enhancing the practice of international arbitration. Its introduction of a new field of interdisciplinary analysis employing legal argumentation theories is sure to provide inestimable guidance for institutions and policymakers, especially in light of recent proposals for the creation of a permanent investment arbitration court. Given that unveiling the legal decision-making process is critical for the well-being of the whole dispute resolution procedure, and that being aware of how arbitrators interpret the law can constitute a roadmap for counsel's arguments and approaches when dealing with cross-border disputes, the topic of this book is relevant for both academics and practitioners, and its signifcance can only grow as recourse to investor-state arbitration continues to expand.

Journal Of Collective Negotiations In The Public Sector

Author:
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ISBN:
Size: 20,20 MB
Format: PDF, ePub, Mobi
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Industrial Relations

Author:
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ISBN:
Size: 19,44 MB
Format: PDF, ePub
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Negotiation Analysis

Author: Frank P Ramsey Professor of Managerial Economics (Emeritus) Howard Raiffa
Editor: Harvard University Press
ISBN: 9780674008908
Size: 11,88 MB
Format: PDF, Kindle
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This masterly book substantially extends Howard Raiffa's earlier classic, The Art and Science of Negotiation. It does so by incorporating three additional supporting strands of inquiry: individual decision analysis, judgmental decision making, and game theory. Each strand is introduced and used in analyzing negotiations. The book starts by considering how analytically minded parties can generate joint gains and distribute them equitably by negotiating with full, open, truthful exchanges. The book then examines models that disengage step by step from that ideal. It also shows how a neutral outsider (intervenor) can help all negotiators by providing joint, neutral analysis of their problem. Although analytical in its approach--building from simple hypothetical examples--the book can be understood by those with only a high school background in mathematics. It therefore will have a broad relevance for both the theory and practice of negotiation analysis as it is applied to disputes that range from those between family members, business partners, and business competitors to those involving labor and management, environmentalists and developers, and nations.

Human Computer Interaction Fundamentals

Author: Andrew Sears
Editor: CRC Press
ISBN: 9781420088823
Size: 20,38 MB
Format: PDF
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Hailed on first publication as a compendium of foundational principles and cutting-edge research, The Human-Computer Interaction Handbook has become the gold standard reference in this field. Derived from select chapters of this groundbreaking and authoritative resource, Human-Computer Interaction Fundamentals emphasizes emerging topics such as sen

The Human Computer Interaction Handbook

Author: Andrew Sears
Editor: CRC Press
ISBN: 9781410615862
Size: 18,45 MB
Format: PDF, Docs
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This second edition of The Human-Computer Interaction Handbook provides an updated, comprehensive overview of the most important research in the field, including insights that are directly applicable throughout the process of developing effective interactive information technologies. It features cutting-edge advances to the scientific

Conflict

Author: Sandra Cheldelin
Editor: A&C Black
ISBN: 9780826457462
Size: 17,85 MB
Format: PDF, ePub, Mobi
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This major new textbook analyses the emergent role of conflict analysis and resolution. Cheldelin, Druckman and Fast are all based at the Institute for Conflict Analysis and Resolution, and are international experts in the field of conflict. Covering theory, research and practice, the authors provide a comprehensive typology of conflict, as well as an in-depth analysis of the structural, strategic, and cultural factors which influence conflict. They explore its management and resolution, paying particular attention to the concepts of negotiation, mediation and peace-building.