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Arbitration and mediation, both forms of ADR (Alternative Dispute Resolution), are an interesting phenomenon as it entails the resolution of conflicts outside of the normal legal process involving formal courts and judges. Most nations have one or more arbitration and mediation institutes.
Arbitration is 'guided' by one or more individuals, often called 'arbiters', 'arbitrators' or through an institution: 'a court of arbitration'.
These individuals or institutions decide upon a binding 'resolution' of the dispute.
Mediation involves the 'guiding' of the the resolution process through one or more mediators. The mediators do not decide upon a binding resolution of the dispute but 'merely' guide the parties to a resolution.
While many disputes for arbitration are those between companies, cases between countries or between countries and companies can also be brought before an arbitrator.
Mediation disputes mostly involve private persons but mediation between companies and countries are possible.
Kluwer ArbitrationKluwer Arbitration is the online resource for international arbitration. It contains commentaries from expert authors and an extensive collection of primary source materials.
The database has been organized into the following specific arbitration categories: Bilateral Investment Treaties (BITs), Conventions, Countries, Legislation, NY Convention Decisions, Organizations, and Rules. Each main category is further grouped into the following regions: Asia, Europe, Africa, North America, South America, and Oceania. Once a region is selected, all countries containing documents in the selected category will display.
Investment Arbitration ReporterAIReporter is renowned for its investigative focus: offering a window into otherwise confidential proceedings. They offer timely and nuanced reports on the very latest legal pleadings, decisions and arbitral awards - typically before they've been discussed anywhere else.
To stay up to date they offer the possibility to subscribe to e-mail alerts.
Collection: Kluwer Law Online
Coverage: 1989-current
TDM: Transnational Dispute ManagementTDM is a network for International Arbitration, Mediation and ADR, International Investment Law and Transnational Dispute Management.
The TDM Journal is an important part of the TDM database.
This journal provides information on the management of international disputes, with a focus on investment arbitration, but also in other significant areas of international investment (such as oil, gas, energy, infrastructure, mining, utilities etc).
It deals both with formal adjudicatory procedures (mainly investment and commercial arbitration), but also mediation/ADR methods, negotiation and managerial ways to manage transnational disputes efficiently.
Each issue can be downloaded as a pdf-file from the website. The TDM Journal includes abstracts. Most abstracts contain hyperlinks to more extensive and full articles, notes, comments and primary law, written by expert lawyers and specialists.
A subscription to TDM includes also access to a database of Legal and Regulatory Materials, a growing collection of: laws, regulations, contracts, guidelines, tribunal/court awards. The database already contains a large collection of energy laws, treaties, agreements, awards and other primary materials. As it continues to grow, it will become a more valuable asset of your TDM subscription.
Different from existing services, this "TDM knowledge bank" will focus in particular on the inclusion of authoritative "soft" regulatory materials - voluntary codes, guidelines, standards, resolutions and declarations. Both the impact of the NGO "civil society", the corporate governance and the professional communities will be reflected in the "soft" regulation database.
To summarise:
- Searchable database which contains a growing collection of laws, regulations, contracts, guidelines, tribunal/court awards
- Documents can be downloaded as Adobe Acrobat Reader (PDF) or MS Word (DOC) files
- Documents can be searched by keyword, category, country, date
- Regularly updated with new material
OGEMID was set up originally as a discussion group with CEPMLP PhD students, CEPMLP staff and - select - alumni and a small number of external colleagues. Requests for admissions are received on a daily basis as it is seen as one of the most effective (if not the most effective) way of keeping abreast of recent developments in the specialised field it covers.
OGEMID brings together most of the world's experienced professionals in the field of international dispute management, mainly arbitration, mediation, negotiation, with a particular emphasis on investment disputes. OGEMID members are now the most up-to-date informed professionals in these fields.
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Off-campus access to Kluwer Navigator via Click Inloggen in Navigator (button) and select the option Login voor WO/HBO. You will be asked for your ERNA-ID.
