Overview

In Formalisation and Flexibilisation in Dispute Resolution, scholars from four continents examine both historical and recent developments that cast doubt on the validity of the widespread assumption that alternative dispute resolution (ADR) can be distinguished from state-based proceedings by invoking the contrasting labels of informal justice versus formal law.

Full Product Details

Author:   Joachim Zekoll ,  Moritz Balz ,  Iwo Amelung
Publisher:   Brill
Imprint:   Martinus Nijhoff
Dimensions:   Width: 15.50cm , Height: 2.80cm , Length: 23.50cm
Weight:   0.783kg
ISBN:  

9789004281165

ISBN 10:   9004281169
Pages:   410
Publication Date:   29 September 2014
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Available To Order  
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Table of Contents

INTRODUCTION THE CHANGING FACE OF DISPUTE RESOLUTION JOACHIM ZEKOLL, MORITZ BAELZ & IWO AMELUNG PART I: The Theme in General CHAPTER 1: FORMALISATION OF ALTERNATIVE DISPUTE RESOLUTION PROCESSES: SOME SOCIO-LEGAL THOUGHTS MICHAEL J.E. PALMER CHAPTER 2: THE PRIVATE IN PUBLIC, THE PUBLIC IN PRIVATE: THE BLURRING BOUNDARY BETWEEN PUBLIC AND PRIVATE DISPUTE RESOLUTION DEBORAH R. HENSLER CHAPTER 3: CHINA'S DISPUTE-RESOLUTION MECHANISMS AND INNOVATION IN THE TRANSFORMATION ERA YUJUN FENG AND XIAOLONG PENG CHAPTER 4: MEDIATION AND THE RULE OF LAW: THE CHINESE LANDSCAPE HUALING FU CHAPTER 5: NO ALTERNATIVE: RESOLVING DISPUTES JAPANESE STYLE ERIC A. FELDMAN PART II: Formalisation and Flexibilisation - Historical Perspectives CHAPTER 6: JUDICIAL DISPUTE RESOLUTION AND ITS MANY ALTERNATIVES: THE NORDIC EXPERIENCE PIA LETTO-VANAMO CHAPTER 7: EXPLAINING AND MEDIATING IS MORE IMPORTANT THAN PENALTIES: A COMPREHENSIVE EXPLANATION OF THE RESOLUTION OF MINOR CASES AT COUNTY LEVEL IN LATE-IMPERIAL CHINA (1368-1911) JIANG YU PART III: Specific Applications and Normative Considerations CHAPTER 8: THE DIVERSIFICATION AND FORMALISATION OF ADR IN JAPAN: THE EFFECT OF ENACTING THE ACT ON THE PROMOTION OF THE USE OF ALTERNATIVE DISPUTE RESOLUTION KOTA FUKUI CHAPTER 9: IN/FORMALISATION AND GLOCALISATION OF INTERNATIONAL COMMERCIAL ARBITRATION AND INVESTMENT TREATY ARBITRATION IN ASIA LUKE NOTTAGE CHAPTER 10: INFORMALISM AND FORMALISM IN THE HISTORY OF ADR IN THE UNITED STATES AND AN EXPLORATION OF THE SOURCES, CHARACTER, AND IMPLICATIONS OF FORMALISM IN A COURT-SPONSORED ADR PROGRAMME WAYNE BRAZIL CHAPTER 11: UNLOCKING JUSTICE AND MARKETS: THE PROMISE OF CONSUMER ADR CHRISTOPHER HODGES CHAPTER 12: PRIVATE LAW ENFORCEMENT AND ADR: AN ARRANGED MARRIAGE GERHARD WAGNER INDEX

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Author Information

Joachim Zekoll holds the chair of Private Law, Civil Procedure, and Comparative Law at Goethe University in Frankfurt am Main, Germany since 2001. From 1992 until 2001, he was on the faculty of the Tulane University School of Law (New Orleans), serving as the John Minor Wisdom Professor of Law from 1999 until 2001. From 2003 to 2007, concurrently with his appointment in Frankfurt, he was the A.D. Freeman Professor of Law at Tulane. Joachim Zekoll is a member of the American Law Institute and the International Academy of Comparative Law. He has published widely in the fields of conflict of laws and procedure and comparative law. Moritz Balz holds the Chair of Japanese Law and its Cultural Foundations at Goethe University in Frankfurt am Main, Germany since 2008. Prior to joining the faculty of law and the Interdisciplinary Centre for East Asian Studies (IZO) at Goethe University he has been working with international law firm Freshfields Bruckhaus Deringer in New York and Frankfurt for several years. His research focuses on business law from a comparative perspective as well as on issues of dispute resolution in Japan. He serves as co-editor of Zeitschrift fur Japanisches Recht/Journal of Japanese Law. Iwo Amelung is Professor of Chinese Studies at Goethe Unviversity, Frankfurt am Main since 2007. Before joining the Interdisciplinary Centre for East Asian Studies (IZO) and the Institute for East Asian Philologies he has worked as managing director at the European Center of Chinese Studies at Peking University in Beijing. His main research interests are the social history of late Imperial China as well as processes of the circualation and appropriation of knowledge between China and the West during the 19th and 20th centuries.

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