Voldgift, mediering og alternativ konfliktløsning

This book offers a unique insight into the world of standard-setting organizations (SSOs)' IPR policies and the role they play in balancing the interests of innovators and implementers, vis-à-vis the development of standards. Since the beginning of the 21st century, there have been quite a few questions asked of the SSOs as to the legality of their IPR policies and the enforceability of disclosure and licensing obligations enshrined therein. That, coupled with disagreements over the appropriate royalty rate and royalty base, has resulted in extensive litigation between innovators and implementers, especially across the Atlantic. The Book, in keeping the USA and EU as the two primary jurisdictions, offers a comprehensive analysis of the disclosure and licensing obligations under SSO IPR policies, with strong theoretical foundations justifying their imposition. More specifically, it offers a bird's eye view of the various facets of disclosure and licensing, ranging from non-disclosure and transparency on one hand, to the determination of FRAND on the other. While much has been said about the benefits arising out of collaborative standard-setting, disputes involving SEP licensing have not been limited to the courts, and have attracted a significant amount of scrutiny by competition/antitrust agencies. The Book provides an elaborate account of the anti-competitive concerns surrounding standard-setting, and further documents the role of courts and competition agencies in ensuring good faith licensing negotiations between the SEP holders and implementers. Despite largely focusing on SEP licensing disputes in the USA and EU, the Book also offers a dedicated chapter on standard-setting in the Indian context. The readers are presented with an in-depth discussion on the contrasting approaches adopted by the courts and the Competition Commission of India (CCI), in addressing disputes involving SEPs. The said discussion is supplemented by a careful analysis of the SEP licensing guidelines to have emerged out of other implementer-oriented economies like China and Japan. By doing so, the Book offers readers the opportunity to study and compare the SEP licensing framework in developed, as well as developing economies. SSO IPR policies play an integral role in the development of standards, and with technologies such as the Internet of Things and 5G knocking on the doors, the Book makes for a valuable study on the nuances of standard-setting through the lens of SSOs, and will find takers among a wide reader base of students, researchers, academics, law practitioners, corporates, and policy makers.

Concise summary of the key arbitration regulations and arbitration environment in 20 important Asian jurisdictions. The book shows the legal framework conditions for arbitration in each country and gives insights into the practice of arbitration. In the 8th edition each country report has been completely revised and updated.

The Parthenon marbles case is the most famous international cultural heritage dispute concerning repatriation of looted antiquities, the Parthenon marbles in the British Museum¿s ¿Elgin Collection¿. The case has polarised observers ever since Elgin had the marbles hacked out of the ancient temple at the turn of the 19th century in Ottoman-occupied Athens. In 1816, a debt-stricken Elgin sold the marbles to the British government, which subsequently entrusted them to the British Museum, where they have remained since then.Much ink has been spilled on the Parthenon marbles. The ethical and cultural merits of their repatriation have been fiercely debated for years. But what has generally not been considered are the legal merits of their return in light of contemporary international law. This book is the first in legal scholarship to provide an international law perspective of the cause célèbre of international cultural heritage disputes and, in doing so, toclarify the new customary international law on the return of cultural property unlawfully removed from its original context.The book, which includes a foreword by Andrew Wallace-Hadrill, is a unique reference work on the legal case for the return of the Parthenon marbles and the new normative framework for the protection of cultural heritage.

"In The Includers, Colette Phillips shares data and real-life stories, focusing on the steps to take, qualities to hone, and people to emulate to become an "includer." By highlighting the experiences of real includers who have utilized their positions as leaders to fight for change, Phillips shows that this form of allyship isn't just possible, it's easy, sustainable, and necessary"--

This multi-jurisdictional guide explores the framework and practice in relation to judicial review of competition cases across leading jurisdictions. In a comparative study composed of seventeen essays, current and former judges, alongside notable academics and enforcers, provide global perspectives on universally relevant issues. Topics addressed include questions of fundamental rights and due process, as well competition-specific concerns regarding merger review, monopolization, inspection decisions, fine-setting by the European Commission, and State aid in tax-related matters, among others. Edited by two eminent voices from the bench, the collection fills an important gap in the literature, and constitutes essential reading for all concerned with the rule of law in the competition area. The jurisdictions covered include Australia, China, the European Union, France, Germany, Hong Kong Special Administrative Region, India, Italy, Japan, Poland, South Africa, the United Kingdom and the United States.

"It's my hope you'll enjoy Improv to Improve Your Leadership Team as much as I did. I am grateful to creative thinkers like Candy who challenge us to learn and grow in ways we may never have considered." -Quint Studer, Healthcare Solutions Group, Author, The Calling: Why Healthcare Is So Special"Dr. Campbell has done something truly remarkable. By combining the fun and creativity of improv with documented, empirical research, she has written a user's manual for building a cohesive, energized, and effective team. Leaders, take note: when you follow Campbell's blueprint, your team will feel more valued, more respected, and more engaged."-Bill Stainton, CSP, CPAE, 29-time Emmy Winner, Hall of Fame Innovation SpeakerYou're a leader with a problem. There's a fungus-like growth in your organizational culture you can no longer ignore. It starts slowly with a few people feeling maligned and/or excluded, spreads resentment, leads to disengagement, and finally...resignations.What a nightmare!But WAIT! You have stumbled onto the exact solution you need!With this book, you can QUICKLY discover how to use the principles of applied improvisational exercises from the arts to help teams effectively connect and communicate, creatively problem-solve, increase workplace safety and employee retention, and guarantee client and stakeholder satisfaction. It's all contained here.

The book provides insights to the alleviation of tensions between Chinese tax incentives and the WTO¿s subsidy rules, thus further offering implications for both China and the WTO on integrating in the world economy. Moreover, doing a comparative study with EU State aid law can also provide China with a source of inspiration for reviewing its legal mechanism in respect of tax incentives and the WTO for rethinking its subsidy rules with regard to achieving its objectives and purposes. Academics and students in related subject will be interested to read the book. Practitioners doing business related to China, EU and international trade can be very interested in this book. Policymakers in both China and EU can also get valuable knowledge and inspiration from the book.

Would you invest a few hours of time to make life easier for your family during life's most challenging moments? When Cindy Arledge's ex-husband had a stroke, it was the worst day of her daughters' lives. In the midst of their already busy schedules, her two adult daughters suddenly became informal (unpaid) caregivers for their dad. Without warning or preparation, they found themselves making life and death decisions for him. Over the following months, they managed their father's company, paid his bills, communicated with his customers, advisors, insurance company and a host of medical professionals while he regained his strength. In addition to juggling time between caregiving duties and their own family needs, Cindy's daughters were responsible for their dad's herd of cattle in a neighboring state. Be Ready. Life Happens. The uncomfortable truth is that it's only a matter of time before a crisis interrupts your life. Whether it is you, or someone close to you, life can change in a heartbeat. Literally. In one breath you can be fine, in the next breath not. While it is impossible to remove all the stress that comes with an emergency, it is possible to eliminate PREVENTABLE STRESS. This is stress that can be prevented through preparation. It's hard to think straight when you are feeling panicked. When you feel prepared, that panicky feeling goes away. Use this practical handbook as a guide to reduce stress and empower your family to remain clear, calm and confident to face life's unexpected events. Join the growing number of families who are taking their planning efforts to the next level by completing these three steps: - Organize important documents and save your loved one's hours of wasted time.- Communicate advanced decisions to prevent family confusion and disputes.- Host a meeting to co-create a plan and empower your family to act on your behalf. Give yourself and your family the gift of confidence and peace of mind that only comes from being prepared. Don't just survive, thrive!

Extreme Sulfur Habitat Exploration" is an intriguing book written by Piyush Mandal that delves into the fascinating world of extreme environments where sulfur dominates. With a blend of scientific expertise and a passion for exploration, Mandal takes readers on a captivating journey to some of the most extreme sulfur-rich habitats on Earth.The book provides a comprehensive overview of the diverse sulfur ecosystems found in places such as volcanic landscapes, deep-sea hydrothermal vents, and sulfur-rich caves. Mandal's meticulous research and vivid descriptions bring these unique environments to life, painting a vivid picture of their otherworldly beauty and the extreme conditions in which life manages to thrive.Through his in-depth exploration, Mandal uncovers the extraordinary adaptations of organisms to the challenges posed by sulfur-rich environments. He highlights the interplay between geology, chemistry, and biology, revealing the intricate web of life that exists in these seemingly inhospitable settings."Extreme Sulfur Habitat Exploration" also offers insights into the potential applications of sulfur-adapted organisms and their metabolites in fields such as medicine, biotechnology, and environmental remediation. Mandal's book serves as a valuable resource for scientists, students, and anyone with a keen interest in the wonders of extreme environments and the secrets they hold.In sum, "Extreme Sulfur Habitat Exploration" is a captivating exploration of the hidden world of sulfur-rich environments, written by Piyush Mandal, a renowned expert in the field. It unveils the marvels of life's resilience in extreme conditions and provides a compelling glimpse into the potential benefits these habitats offer to humanity

This book gathers a selection of peer-reviewed chapters reflecting on the Australia-European Union Free Trade Agreement (AEUFTA). Since 18 June 2018, ten rounds of negotiations for a AEUFTA have been held in a constructive atmosphere, showing a shared commitment to move forward with this ambitious and comprehensive agreement. After a lengthy and arduous process interrupted by the United Kingdom¿s withdrawal from the European Union (EU), the United States¿ hesitations regarding the EU¿s global strategy and the outbreak of the COVID-19 pandemic, the negotiations between Australia and the European Union finally appear to be nearing completion. In challenging times, both parties share a commitment to a positive trade agenda, and to the idea that good trade agreements benefit both sides by boosting jobs, growth and investment. This book explores the challenges, achievements and missed opportunities in the AEUFTA negotiation process, and examines current legal and political relations between the EU, its Member States and Australia. Furthermore, it examines in detail a wide and diverse range of negotiated areas, including digital trade, services, intellectual property rules, trade remedies and investment screening, as well as dispute settlement mechanisms. Lastly, it sheds light on the likely nature of future commercial relations between Australia and the EU. Written by a team of respected authors from leading institutions in both Australia and Europe, the book provides a valuable, interdisciplinary analysis of the AEUFTA.

The book introduces and demonstrates the importance of three new concepts in Addressing Systemic Discrimination. These are Focus on the Individual; Evolution of Diversity, Equity and Inclusion (DEI) to Equity, Inclusion and Individual Engagement (EIIE) and Safe Haven Dialogues (SHD) Reframing Process. The book describes the contributions of Equity and Inclusion in determining the psychological safety of an organization and introduces the Equity-Inclusion Culture Matrix as a tool to assess these cultures.In the second section of the book, the author presents a case series of Individuals from a wide cross-section of professions including academia, industry, government, and healthcare, who have experienced Systemic Discrimination. The SHD Reframing Process is then used to objectively determine aspects of Systemic Discrimination which are depicted in these cases. A VIP (Victors over Injustice in their Professions) panel reviews issues of Equity and Inclusion and seeks a Better Problem to Solve to achieve the Desired Outcome by Reframing the Problem. Understanding the Aggrieved Individual's position within the Equity Inclusion Culture Matrix helps to find a Better Problem to Solve.

The Meditations of the Emperor Marcus Aurelius Antoninus became a highly influential work in the philosophy of the Scottish Enlightenment.

This book is the first book to comprehensively and deeply explain and construct the legal system of Chinese art auctions. Based on agency theory in traditional contract law, this book combs the legal relationship between client, auctioneer, and buyer. Aiming at the most difficult problem of art identification, this book shows the obligations that auctioneers must perform and the common methods for auctioneers to avoid these obligations. The purpose of this book is to ease the current situation in which the interests of buyers and auctioneers are too opposed and speed up the legalization process of art auctions through the construction of the legal system of art auctions in China. Additionally, using the method of policy demonstration, this book discusses how public power should intervene in the process of art auctions.

This book examines interactions and discusses intersectionality between public international law and private international law. With contributions from scholars from USA, Canada, Australia, India and EU, this book brings out truly international perspectives on the topic. The contributions are arranged in four themes-Public international law and private international law: historical and theoretical considerations of the boundary; Harmonisation of private international law by public international law instruments: evaluation of process, problems, and effectiveness; Case studies of intersectionality between public international law and private international law; Future trends in the relationship between public international law and private international law. The ultimate aim of this book is to analyse whether these two legal disciplines become convergent or they are still divergent as usual. With wide coverage spanning across these four themes, the book has takeaways for a wide readership. For scholars and researchers in the fields of public international law and private international law, this book sparks further thoughts and debates in both disciplines and highlight areas for continuing research. For practitioners, this book offers fresh insights and perspectives on contemporaneous issues of significance. This book is also be a great resource for students at both undergraduate and postgraduate levels taking subjects such as public international law or private international law or some related disciplines such as international sale of goods, international trade law or international investment law to advance their knowledge and understanding of the disciplines.

La Convención de Viena del 11 de abril de 1980 (CISG) es el derecho aplicable a las compraventas internacionales de mercaderías en 95 países. Entró en vigor para Guatemala el 1 de enero de 2021, por lo que todo abogado y árbitro guatemalteco que se involucra en los negocios internacionales debe familiarizarse con ella. En este libro, el autor aborda y explica detalladamente las cuestiones jurídicas más comunes de cada uno de los artículos de la CISG, y se refiere a la doctrina, los fallos judiciales y laudos arbitrales más pertinentes y novedosos. Este libro proporcionará al abogado guatemalteco las herramientas que necesita para interpretar y aplicar la CISG de acuerdo con la práctica internacional. Algunos de los temas abordados en este comentario son los siguientes: ¿ La interfaz entre la CISG y la legislación guatemalteca¿ El ámbito de aplicación de la CISG¿ Las obligaciones de los compradores y vendedores¿ Entrega de mercaderías defectuosas¿ Incumplimiento de contrato y remedios¿ Indemnización de daños y perjuicios¿ Excusas basadas en la imposibilidad de cumplimiento¿ Resolución del contrato y sus consecuenciasCover photo by CHUTTERSNAP on Unsplash.

Mediating Beyond Covid: Hacks, Craics and Crocodile Tears Navigating conflict is hard, it often takes up too much time and money, it reduces innovation and productively and impacts relationships and reputations. So, we avoid it. In late 2019 COVID emerged, bringing with it a whole new set of problems, conflicts, and confusion that we all had to deal with. For leaders across disciplines, it required a different sort of response; they have had to develop the capacity to rise above the crisis and provide safe ways forward. Conflict didn't go away, it changed and, in many instances, grew, with differences dividing workplaces, communities and families. In 2020, a small group of mediators gathered on Zoom to share stories as they struggled to adapt, adjust, and survive whilst supporting people through conflict. Over a glass of gin, laughter and sometimes tears, we learnt a lot and I wanted to find a way to share our insights with others. This collection brings together professionals across disciples who are experts in dealing with conflict, confusion, and change. From Mediators, Lawyers, HR, Marketing and Executives, they are sharing their insights to help you better manage the complexities of negotiation, conflict and problem solving. We hope these real-life stories of gritty leadership and hard conversations, spiced with touch of humour, will make it easier to talk about conflict. We want to help you navigate this space with clarity, confidence, and some fun. So, pour yourself a gin and be prepared to discover that hard conversation don't have to result in a fight. With a little preparation, some key skills and a growth mindset, peace is possible.

This book centres on the ways in which the concept of imperativeness has found expression in private international law (PIL) and discusses "e;imperative norms"e;, and "e;imperativeness"e; as their intrinsic quality, examining the rules or principles that protect fundamental interests and/or the values of a state so as to require their application at any cost and without exceptions. Discussing imperative norms in PIL means referring to international public policy and overriding mandatory rules: in this book the origins, content, scope and effects of both these forms of imperativeness are analyzed in depth. This is a subject deserving further study, considering that very divergent opinions are still emerging within academia and case law regarding the differences between international public policy and overriding mandatory rules as well as with regard to their way of functioning.By using an approach mainly based on an analysis of the case law of the CJEU and of the courts of the various European countries, the book delves into the origin of imperativeness since Roman law, explains how imperative norms have evolved in the different conceptions of private international law, and clarifies the foundation of the differences between international public policy and overriding mandatory rules and how these concepts are used in EU Regulations on PIL (and in the practice related to these sources of law). Finally, the work discusses the influence of EU and public international law sources on the concept of imperativeness within the legal systems of European countries and whether a minimum content of imperativeness - mainly aimed at ensuring the protection of fundamental human rights in transnational relationships - between these countries has emerged. The book will prove an essential tool for academics with an interest in the analysis of these general concepts and practitioners having to deal with the functioning of imperative norms in litigation cases and in the drafting of international contracts. Giovanni Zarra is Assistant professor of international law and private international law and transnational litigation in the Department of Law of the Federico II University of Naples.

Em tempos de aumento significativo do número de demandas que chegam ao Judiciário, buscar alternativas céleres e eficazes para a solução dos conflitos é uma necessidade. Em um mundo pós-pandêmico em que tantas relações humanas foram ressignificadas, essa necessidade se apresenta de forma ainda mais intensa. Perseguir a paz e fazer dela uma nova cultura não é tarefa simples em um contexto social marcado pela intolerância, pelo individualismo e pela beligerância.Com o objetivo precípuo de prestar relevante serviço à sociedade, surge o presente livro como importante contribuição da comunidade acadêmica.Debruçados sobre temas instigantes e tendo como pano de fundo a correta utilização da mediação, da conciliação e da negociação, enquanto mecanismos aptos a promover a solução consensual de controvérsias, os autores buscaram escrever artigos que, de forma didática, estabelecem os pilares teóricos desses institutos e apresentam os pontos sensíveis de aplicação prática desses mecanismos.Trata-se de importante contribuição doutrinária que esperamos ser útil aos que desejam atuar nessa área e aos que operam, em alguma medida e com habitualidade, o sistema de composição de conflitos.

This book consists of general reports of the International Conference on Judicial Management from Comparative Perspective. This conference held on November 8¿10, 2017, at Tianjin University, was organized by China Law Society (CLS) and International Association of Procedural Law Congress (IAPL). The general reporters are prominent scholars who have been selected worldwide by the IAPL Presidium to organize national reporters who shall do researches of his/her own state under the guide of the general reporter¿s questionnaire on the specific subject. By this way, the comparative studies are trying to depend on national researches but overcome the general style of ¿talk past each other.¿ Moreover, the general reports summarize and give comment on the various system, phenomena or situation from comparative perspective, from which the audience will read their own orientation, doctrines and theories.

Frustrated with your coworker? Wondering if you should show up on Monday? This humorous book walks you through the most relatable and the most annoying office personalities. Sprinkled with information on conflict resolution and illustrative examples, this work empowers you to get out of your office conflict with a simple two-step plan.