1.

Record Nr.

UNINA9910438060603321

Autore

Synkova Sandra

Titolo

Courts' inquiry into arbitral jurisdiction at the pre-award stage : a comparative analysis of the English, German and Swiss legal order / / Sandra Synkova

Pubbl/distr/stampa

Cham, : Springer, 2013

ISBN

3-319-00134-5

Descrizione fisica

1 online resource (320 p.)

Disciplina

347.409

Soggetti

Arbitration and award

Arbitration (International law)

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Description based upon print version of record.

Nota di contenuto

Introduction -- Functional Equivalents for Comparison -- Theoretical Underpinnings of Arbitral Jurisdiction -- Competence-Competence -- The New York Convention and the Obligation to Recognise and Enforce Arbitration Agreements -- The Application of Section 9 of the Arbitration Act 1996 (England) -- The Application of § 1032(1) of the German Code of Civil Procedure (Germany) -- The Application of Article 7 of the Swiss Private International Law Act (Switzerland) -- Conclusion, Evaluation and Future Perspectives.

Sommario/riassunto

International arbitration has become the favored method of resolving disputes between business partners in almost every aspect of international trade, commerce, and investment. The resolution of a dispute by means of international arbitration provides the parties with an opportunity to resolve their disputes in a private, confidential, cost and time efficient manner before a neutral tribunal of their choice. However, challenges to arbitral jurisdiction have become a common practice in the field. Resolution of such challenges may significantly delay the resolution of the parties’ primary substantive dispute, increase overall dispute resolution costs and even whittle down the benefits of the parties’ bargain to arbitrate. Accordingly, adopting a proper approach to the resolution of such disputes becomes crucial to the efficacy of international arbitration as a system of dispute resolution. The present book provides a comparative analysis of the



practice of three carefully selected legal orders: the English, German and Swiss and outlines possible ways forward. As the work strikes a balance between theory and practice, it will appeal to practitioners, researchers, but also students looking to develop their understanding of the international arbitration field.

2.

Record Nr.

UNINA9910337661003321

Titolo

Advances in Psychology and Law : Volume 4 / / edited by Brian H. Bornstein, Monica K. Miller

Pubbl/distr/stampa

Cham : , : Springer International Publishing : , : Imprint : Springer, , 2019

ISBN

3-030-11042-7

Edizione

[1st ed. 2019.]

Descrizione fisica

1 online resource (329 pages)

Collana

Advances in Psychology and Law, , 2366-6099 ; ; 4

Disciplina

340.19

Soggetti

Psychology

Law and Psychology

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Nota di contenuto

Evaluating Coercion in Suspect Interviews and Interrogations -- The Psychology of Alibis -- Plea Bargaining: The Influence of Counsel -- Post-Identification Feedback to Eyewitnesses: Implications for System Variable Reform -- Psychological Explanations of How Gender Relates to Perceptions and Outcomes at Trial -- Sexual Orientation and Gender Bias Motivated Violent Crime -- The Law and Psychology of Bullying -- The Law and Psychology of Racial Disparities in School Discipline -- Legal and Psychological Approaches to Understanding and Addressing Teen Dating Violence.

Sommario/riassunto

This newest volume in the Advances in Psychology and Law series offers a review of topics critical for forensic practitioners. It covers a variety of topics that have been shown to be of prime interest to those in the field, especially those that impact new research and public policy. Common themes include criminal suspects (interrogations, alibis, plea bargaining) gender, and minors in the legal system.



Highlights include: • New psychometric framework for measuring coercion • Proposed reforms for post-identification feedback • Latest research on LGBTQ victims • Racial disparities in school discipline • Examination of teen dating violence This book continues the tradition of providing thorough review of existing and emerging topics of interest to researchers and academics in legal psychology, criminal justice, and sociology, as well as attorneys, trial consultants and policy makers.