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Arbitration and Human Rights: Approaches to Excluding the Annulment of Arbitral Awards and Their Compatibility with the ECHR
by Toms KrūmiņšThis book presents a creative synthesis of two ostensibly disparate fields of law – arbitration and human rights. More specifically, it focuses on various legislative approaches to excluding the annulment of arbitral awards (setting-aside proceedings) at the seat of arbitration and evaluates the compatibility of such approaches with the European Convention on Human Rights (ECHR), in particular the right to a fair trial under Article 6(1). The book first assesses the applicability and impact of the ECHR, in particular Article 6(1), on international commercial arbitration. It then analyses a number of legislative approaches to excluding setting-aside proceedings, focusing on two synergetic phenomena – exclusion agreements and the total lack of setting-aside proceedings in national arbitration law. Lastly, the book investigates to what extent the lack of setting-aside proceedings in national arbitration law may lead to a violation of arbitrating parties’ right to a fair trial under Article 6(1), and puts forward certain de lege ferenda recommendations on how to best approach the regulation of setting-aside proceedings in national arbitration law from the standpoint of compliance with the ECHR.
Arbitration and Rent Review
by Ben BeaumontArbitration and Rent Review has become a standard work in the property world for guidance on rent review. In a clear style, the author examines the procedures that landlord and tenant should follow in order to agree a new rent or to have one decided by arbitration. By means of cases, he highlights the key areas of conflict that come before the courts, the contentious issues being introduced in the order in which they would be encountered by landlords or tenancts facing a review.
Arbitration and the Constitution
by Peter B. RutledgeArbitration has become an increasingly important mechanism for dispute resolution, both in the domestic and international setting. Despite its importance as a form of state-sanctioned dispute resolution, it has largely remained outside the spotlight of constitutional law. This landmark work represents one of the first attempts to synthesize the fields of arbitration law and constitutional law. Drawing on the author's extensive experience as a scholar in arbitration law who has lectured and studied around the world, the book offers unique insights into how arbitration law implicates issues such as separation of powers, federalism, and individual liberties.
Arbitration Clauses and Third Parties (Lloyd's Arbitration Law Library)
by Asli ArdaThis is the first book to focus on the legal question of the incorporation of arbitration clauses, even though this issue constitutes a common problem that arises frequently in practice. Arbitration Clauses and Third Parties compares different branches of law, namely shipping, reinsurance, and construction, where the legal notion of incorporation is often implemented. It evaluates how the differences and peculiarities of the said branches of law impact the outcome of the incorporation of arbitration clauses and therefore why a ‘one size fits all’ approach should be avoided. The book provides both an in-depth legal analysis of the incorporation of arbitration clauses as well as the legal position of the third parties regarding arbitration agreements and a detailed evaluation of the relevant case law. It further offers a unique comparative analysis of English law and Singapore law with regards to the incorporation of arbitration clauses and features recent case law on the issue from both jurisdictions. Moreover, the book explores the status of third parties to arbitration and a wide range of legal situations in which arbitration clauses bind third parties. This book will be directly of interest to lawyers and professionals in arbitration, reinsurance, construction, and shipping, as well as to relevant academic courses.
Arbitration Clauses in Maritime Contracts
by Eleni MagklasiArbitration clauses are sacrosanct in maritime contracts. Standard forms of charterparties and bills of lading reflect a desire to trade over the trusted dispute resolution choice of arbitration. However, when incorporating arbitration clauses, disputes and interpretational complexities continue to arise evidencing that the law is not settled yet. This book introduces a holistic evaluation of the commercial reasons and the legal principles that permeate the incorporation of arbitration clauses in modern maritime contracts, contrasting arbitration with exclusive jurisdiction clauses, where appropriate.The book presents a modern specialised legal study of incorporation of arbitration clauses into maritime contracts, considering recent developments and long-established principles of incorporation.Offering a thorough research into English, European, and Chinese law, with the objective to assess how the incorporation of arbitration principles crystallises through the years, the book will be of interest to researchers, legal practitioners, and commercial parties.
Arbitration in China: Rules & Perspectives (China Law, Tax & Accounting)
by Giovanni Pisacane Lea Murphy Calvin ZhangThe book provides a comprehensive and practical overview of arbitration in the People's Republic of China. The process of arbitrating a dispute is described from the perspective of a non-Chinese individual or business. Readers are guided through the typical course of events in an arbitration process. By avoiding both excessive technicality and undue simplification, the book appeals to both law professionals and business managers, and is useful for practitioners and non-experts alike. Recent developments in Chinese law on the matter, up to the first quarter of 2015, has been taken into account in order to provide readers with a pragmatic, up-to-date presentation of the topic. For the same reasons, illustrative reference is made to the Shanghai FTZ Arbitration Rules. The relevant provisions are noted throughout the text; the three appendices at the end of the book allow for easy referencing of the main legislation and regulations. The appendices include English versions of the most important PRC Statutes and Interpretations of Statutes on arbitration, the Arbitration Rules of the main Chinese arbitration institutions and the official Model Arbitration Clauses suggested by those institutions.
Arbitration in the Digital Age: The Brave New World of Arbitration
by Maud Piers Christian AschauerArbitration in the Digital Age analyses how technology can be efficiently and legitimately used to further sound arbitration proceedings. The contributions, from a variety of arbitration scholars, report on current developments, predict future trends, and assesses their impact from a practical, legal, and technical point of view. The book also discusses the relationship between arbitration and the Internet and analyses how social media can affect arbitrators and counsel's behaviour. Furthermore, it analyses the validity of electronic arbitration and awards, as well as Online Arbitration (OArb). The volume establishes, on a very practical level, how technology could be used by arbitration institutions, arbitrators, parties to an arbitration and counsel. This book will be of special interest to arbitrators and lawyers involved in international commercial arbitration.
Arbitration Law And Practice (American Casebook)
by Thomas Carbonneau Henry BlairThe Eighth Edition of this popular casebook fully integrates the most recent SCOTUS cases, including Epic Systems v. Lewis and Kindred Nursing Centers, Ltd. Partnership v. Clark, as well as a number of significant lower court decisions from the last three years. To keep pace with the rapid evolution of arbitration law, the new edition refines its organization to more precisely define issues of critical importance while retaining comprehensive coverage. In particular, the early chapters have been revised to provide pinpoint articulation of the core concepts and principles of arbitration law. Meanwhile, the later chapters on fairness in arbitration and enforcement of arbitral awards have been expanded and reworked to account for current trends in the decisional law. As with prior editions, this volume aims to be a teaching tool, allowing students and instructors to comprehensively assess the defining work of the Supreme Court while predicting when, why, and how the law will continue to change.
Arbitration Law Handbook
by Roger Hopkins Benjamin HornThe Arbitration Law Handbook collects together in one volume the laws in force in more than twenty countries, with the main procedural rules used in each of those countries. Each section has a short overview identifying relevant treaty obligations, the main arbitral bodies and the principal laws in force. Additionally, there is an international section in which the UNCITRAL Model Law and Arbitration Rules are set out and in which the major international conventions relating to arbitration, such as the New York Convention and table of signatories, are reproduced. The section also includes the ICSID Arbitration Rules (applicable to the settlement of investment disputes), as well as those of WIPO (applicable to the settlement of intellectual property disputes)
Arbitration Law in America
by Edward Brunet Richard E. Speidel Jean R. Sternlight Stephen J. WareArbitration Law in America: A Critical Assessment is a source of arguments and practical suggestions for changing the American arbitration process. The book, first published in 2006, argues that the Federal Arbitration Act badly needs major changes. The authors, who have previously written major articles on arbitration law and policy, here set out their own views and argue among themselves about the necessary reforms of arbitration. The book contains draft legislation for use in international and domestic arbitration and a detailed explanation of the precise justifications for proposed legislative changes. It also contains two proposals that might be deemed radical - to ban arbitration related to the purchase of products by consumers and to prohibit arbitration of employment disputes. Each proposal is vetted fully and critiqued by one or more of the other co-authors.
Arc of Justice: A Saga of Race, Civil Rights, and Murder in the Jazz Age
by Kevin BoyleAn electrifying story of the sensational murder trial that divided a city and ignited the civil rights struggle<P><P> In 1925, Detroit was a smoky swirl of jazz and speakeasies, assembly lines and fistfights. The advent of automobiles had brought workers from around the globe to compete for manufacturing jobs, and tensions often flared with the KKK in ascendance and violence rising. Ossian Sweet, a proud Negro doctor-grandson of a slave-had made the long climb from the ghetto to a home of his own in a previously all-white neighborhood. Yet just after his arrival, a mob gathered outside his house; suddenly, shots rang out: Sweet, or one of his defenders, had accidentally killed one of the whites threatening their lives and homes. <P> And so it began-a chain of events that brought America's greatest attorney, Clarence Darrow, into the fray and transformed Sweet into a controversial symbol of equality. Historian Kevin Boyle weaves the police investigation and courtroom drama of Sweet's murder trial into an unforgettable tapestry of narrative history that documents the volatile America of the 1920s and movingly re-creates the Sweet family's journey from slavery through the Great Migration to the middle class. Ossian Sweet's story, so richly and poignantly captured here, is an epic tale of one man trapped by the battles of his era's changing times.<P> Arc of Justice is the winner of the 2004 National Book Award for Nonfiction.<P>
The Arc of Protection: Reforming the International Refugee Regime
by T. Alexander Aleinikoff Leah ZamoreThe international refugee regime is fundamentally broken. Designed in the wake of World War II to provide protection and assistance, the system is unable to address the record numbers of persons displaced by conflict and violence today. States have put up fences and adopted policies to deny, deter, and detain asylum seekers. People recognized as refugees are routinely denied rights guaranteed by international law. The results are dismal for the millions of refugees around the world who are left with slender prospects to rebuild their lives or contribute to host communities. T. Alexander Aleinikoff and Leah Zamore lay bare the underlying global crisis of responsibility. The Arc of Protection adopts a revisionist and critical perspective that examines the original premises of the international refugee regime. Aleinikoff and Zamore identify compromises at the founding of the system that attempted to balance humanitarian ideals and sovereign control of their borders by states. This book offers a way out of the current international morass through refocusing on responsibility-sharing, seeing the humanitarian-development divide in a new light, and putting refugee rights front and center.
Archaeologies of Rules and Regulation: Between Text and Practice
by Barbara Hausmair, Ben Jervis, Ruth Nugent Eleanor WilliamsHow can we study the impact of rules on the lives of past people using archaeological evidence? To answer this question, Archaeologies of Rules and Regulation presents case studies drawn from across Europe and the United States. Covering areas as diverse as the use of space in a nineteenth-century U.S. Army camp, the deposition of waste in medieval towns, the experiences of Swedish migrants to North America, the relationship between people and animals in Anglo-Saxon England, these case studies explore the use of archaeological evidence in understanding the relationship between rules, lived experience, and social identity.
Archaeologies of Rules and Regulation: Between Text and Practice
by Barbara Hausmair Ben Jervis Ruth Nugent Eleanor WilliamsHow can we study the impact of rules on the lives of past people using archaeological evidence? To answer this question, Archaeologies of Rules and Regulation presents case studies drawn from across Europe and the United States. Covering areas as diverse as the use of space in a nineteenth-century U.S. Army camp, the deposition of waste in medieval towns, the experiences of Swedish migrants to North America, the relationship between people and animals in Anglo-Saxon England, these case studies explore the use of archaeological evidence in understanding the relationship between rules, lived experience, and social identity.
Architect's Legal Handbook: The Law for Architects
by Anthony Speaight QC and Matthew ThorneThe Architect's Legal Handbook is the most widely used reference on the law for practicing architects and the established textbook on law for architectural students. Since the last edition of this book in 2010, the legal landscape in which architecture is practised has changed significantly: the long-standing procurement model with an architect as contract administrator has been challenged by the growing popularity of design and build contracts, contract notices in place of certificates, and novation of architect’s duties. The tenth edition features all the latest developments in the law which affect an architect's work, as well as providing comprehensive coverage of relevant UK law topics. Key highlights of this edition include: an overview of the legal environment, including contract, tort, and land law; analysis of the statutory framework, including planning law, health and safety, construction legislation, and building regulations in the post-Grenfell legal landscape; procurement and the major industry construction contract forms; building dispute resolution, including litigation, arbitration, adjudication, and mediation; key fields for the architect in practice, including architects’ registration and professional conduct, contracts with clients and collateral warranties, liability in negligence, and insurance; entirely new chapters on various standard form contracts, architects’ responsibility for the work of others, disciplinary proceedings, and data protection; tables of cases, legislation, statutes, and statutory instruments give a full overview of references cited in the text. The Architect’s Legal Handbook is the essential legal reference work for all architects and students of architecture.
Architect's Legal Pocket Book (Routledge Pocket Books)
by Matthew CousinsA little book that’s big on information, the Architect’s Legal Pocket Book is the definitive reference guide on legal issues for architects and architectural students. This handy pocket guide covers key legal principles which will help you to quickly understand the law and where to go for further information. Now in its third edition, this bestselling book has been fully updated throughout to provide you with the most current information available. Subjects include contract administration, building legislation, planning, listed buildings, contract law, negligence, liability and dispute resolution. This edition also contains new cases and legislation, contracts including the RIBA contract administration certificates, inspection duties, practical completion, the Hackitt review, the Report of the Independent Inquiry into the Construction of Edinburgh Schools and practical issues facing architects. Illustrated with clear diagrams and featuring key cases, this is a comprehensive guide to current law for architects and an invaluable source of information. It is a book no architect should be without.
Architect’s Pocket Book of Modern Management and Practice (Routledge Pocket Books)
by Ben VickeryThis book is an easily digestible guide to the management and practice knowledge needed to establish and run an architectural practice. It is of particular interest to those starting out in the profession and to students, whilst also being useful to architects more widely who need succinct information to assist them in the daily management of their work. The book sits beside the Architect’s Legal Pocket Book providing legal information and the Architect’s Pocket Book providing guidance in design. It covers all the main management and practice topics relevant to the running of an architectural business including setting up the company, the profession, project management, fees, office management, financial management and teamwork. It also looks at the state of the construction industry and the architectural profession today, new forms of practice, and how the profession is changing. The book is interweaved with pearls of wisdom and experience and reflections from architects, bringing the topics to life and aiding the reader’s understanding.
The Architect's Studio Companion: Rules of Thumb for Preliminary Design
by Edward Allen Joseph IanoThe time-saving resource every architect needs The Architect's Studio Companion is a robust, user-friendly resource that keeps important information at your fingertips throughout the design process. It includes guidelines for the design of structure, environmental systems, parking, accessibility, and more. This new sixth edition has been fully updated with the latest model building codes for the U. S. and Canada, extensive new information on heating and cooling systems for buildings, and new structural systems, all in a form that facilitates rapid preliminary design. More than just a reference, this book is a true companion that no practicing architect or student should be without. This book provides quick access to guidelines for systems that affect the form and spatial organization of buildings and allows this information to be incorporated into the earliest stages of building design. With it you can: Select, configure, and size structural systems Plan for building heating and cooling Incorporate passive systems and daylighting into your design Design for parking and meet code-related life-safety and accessibility requirements Relying on straightforward diagrams and clear written explanations, the designer can lay out the fundamental systems of a building in a matter of minutes--without getting hung up on complicated technical concepts. By introducing building systems into the early stages of design, the need for later revisions or redesign is reduced, and projects stay on time and on budget. The Architect's Studio Companion is the time-saving tool that helps you bring it all together from the beginning.
Architectural Projects of Marco Frascari: The Pleasure of a Demonstration (Ashgate Studies in Architecture)
by Sam RidgwayMarco Frascari believed that architects should design thoughtful buildings capable of inspiring their inhabitants to have pleasurable and happy lives. A visionary Italian architect, academic and theorist, Frascari is best-known for his extraordinary texts, which explore the intellectual, theoretical and practical substance of the architectural discipline. As a student in Venice during the late 1960s, Frascari was taught and mentored by Carlo Scarpa. Later he moved to North America with his family, where he became a fulltime academic. Throughout his academic career, he continued to work on numerous architectural projects, including exhibitions, competition entries, and designs for approximately 35 buildings, a small number of which were built. As a means of (re)constructing the theatre of imaginative theory within which these buildings were created, Sam Ridgway draws on a wide selection of Frascari’s texts, including his richly poetic book Monsters of Architecture, to explore the themes of representation, demonstration, and anthropomorphism. Three of Frascari’s delightful buildings are then brought to light and interpreted, revealing a sophisticated and interwoven relationship between texts and buildings.
Architecture and its Ethical Dilemmas
by Nicholas RayA cast of leading writers and practitioners tackle the ethical questions that architects are increasingly facing in their work, from practical considerations in construction to the wider social context of buildings, their appearance, use and place in the narrative of the environment. This book gives an account of these ethical questions from the perspectives of historical architectural practice, philosophy, and business, and examines the implications of such dilemmas. Taking the current discussion of ethics in architecture on to a new stage, this volume provides an accumulation of diverse opinions, focusing on architects' actions and products that materially affect the lives of people in all urbanized societies.
Architecture for a Free Subjectivity: Deleuze and Guattari at the Horizon of the Real
by Simone BrottArchitecture for a Free Subjectivity reformulates the French philosopher Gilles Deleuze's model of subjectivity for architecture, by surveying the prolific effects of architectural encounter, and the spaces that figure in them. For Deleuze and his Lacanian collaborator Félix Guattari, subjectivity does not refer to a person, but to the potential for and event of matter becoming subject, and the myriad ways for this to take place. By extension, this book theorizes architecture as a self-actuating or creative agency for the liberation of purely "impersonal effects." Imagine a chemical reaction, a riot in the banlieues, indeed a walk through a city. Simone Brott declares that the architectural object does not merely take part in the production of subjectivity, but that it constitutes its own. This book is to date the only attempt to develop Deleuze's philosophy of subjectivity in singularly architectural terms. Through a screening of modern and postmodern, American and European works, this provocative volume draws the reader into a close encounter with architectural interiors, film scenes, and other arrangements, while interrogating the discourses of subjectivity surrounding them, and the evacuation of the subject in the contemporary discussion. The impersonal effects of architecture radically changes the methodology, just as it reimagines architectural subjectivity for the twenty-first century.
The Architecture of Desire: How the Law Shapes Interracial Intimacy and Perpetuates Inequality (Families, Law, and Society #26)
by null Solangel MaldonadoExplores the reach of the law into our most personal and private romantic livesThe Architecture of Desire examines how the law influences our most personal and private choices—who we desire and choose as intimate partners—and explores the psychological, economic, and social effects of these choices. Romantic preferences, as shaped by law, perpetuate segregation and subordination by limiting, on the basis of race, individuals’ prospects for marriage and marriage-like commitments, as well as economic and social mobility.The book begins by tracing the legacy of slavery, anti-miscegenation, segregation, and racially discriminatory immigration laws to show how this legal landscape facilitated the residential, economic, and social distance between racial and ethnic groups, which in turn continue to shape romantic preferences today. Solangel Maldonado argues that the law further influences intimate choices by structuring the spaces within which individuals meet and interact via practices such as redlining, gentrification, and zoning.Maldonado includes studies of online and offline dating preferences to demonstrate that romantic predilections follow a gendered racial hierarchy in which Whites are at the top, African-Americans at the bottom, and—depending on skin tone—Asian-Americans and Latinos in the middle. These preferences may be explicit, implicit, or both, but they are usually the result of stereotypes reflected in social and cultural norms. Furthermore, since marriage confers substantial legal, economic, and social advantages, sexual racism further limits an individual’s opportunity to find a partner and reap these benefits. Finally, the book proposes ways to minimize the law’s influence over who we desire, love, and bring into our families, such as changes to dating platforms as well as to housing, education, and transportation policies.
The Architecture of Rights: Models and Theories
by David FrydrychWhat is a right? What, if anything, makes rights different from other features of the normative world, such as duties, standards, rules, or principles? Do all rights serve some ultimate purpose? In addition to raising these questions, philosophers and jurists have long been aware that different senses of ‘a right’ abound. To help make sense of this diversity, and to address the above questions, they developed two types of accounts of rights: models and theories. This book explicates rights modelling and theorising and scrutinises their methodological underpinnings. It then challenges this framework by showing why the theories ought to be abandoned. In addition to exploring structural concerns, the book also addresses the various ways that rights can be used. It clarifies important differences between rights exercise, enforcement, remedying, and vindication, and identifies forms of legal rights-claiming and rights-invoking outside of institutional contexts.
Architecture’s Disability Problem (Routledge Research in Architecture)
by Wanda Katja LiebermannArchitecture’s Disability Problem explores the intersection of architecture and disability in the United States from the perspective of professional practice. This book uncovers why, despite the profound effect of the Americans with Disabilities Act on the architectural profession, there has been so little interest in design for disability in mainstream architecture. To counter this, the book investigates alternative approaches to designing with disability, through three case studies. These showcase both buildings and how design processes driven by disabled people shape design and professional roles.Combining historical research, formal and discourse analysis, and interviews with people who design, construct, use buildings, and advocate for access, the book develops a social understanding of how the buildings work at functional, affective, and symbolic levels. Architecture’s Disability Problem is aimed at three primary readers: practicing architects, architectural scholars, and members of disability scholar-activist communities. Grounded in detailed design studies, the author hopes to unearth the social meaning-making of architecture related to disability. Ultimately, the book makes an argument for a focus on disability in its own right—as well as on the body—in place of the dominance of formal, object-oriented approaches.This book presents and argues for a fundamental shift in the way architectural education, policy, and practice views and engages with disability. It will be key reading for students, researchers, practitioners and policy-makers.
Architectures of Inequality: Gender Pay Inequity and Britain’s Finance Sector (Feminist Perspectives on Work and Organization)
by Rachel VerdinAvailable open access digitally under CC-BY-NC-ND licence.The gender pay gap is economically irrational and yet stubbornly persistent. Focusing on the UK finance industry which is known for its gender pay disparity, this book explores the initiatives to fix gendered inequities in the workplace. Rachel Verdin crafts a unique framework, weaving extensive organizational data with women's lived experiences. Interviews uncover gaps in pay transparency, obstacles hindering workplace policies and the factors that are stalling progress for the future. This is an invaluable resource that offers key insights into gender equality and EDI measures shaped by legal regulations as well as corporate-driven initiatives.