Sir Kenneth Bailey Memorial Lecture : Dispute Resolution in A Complex International Society  

Oleh:

Kessedjian, Catherine

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: Melbourne University Law Review vol. 29 no. 3 (Dec. 2005), page 765-808.
Topik: society; memorial lecture; resolution; international society

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: MM70 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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Isi artikel

Today’s complex international society calls for a fresh approach to transnational dispute resolution. The first part of the article focuses on the changing nature of disputes around the world and the lessons to be learned from other countries’ approaches to litigation. Specifically, this part discusses the need to address collective or group interests in private litigation. It also explores the consequent need to find ways of representing the public interest in private and especially arbitral disputes, perhaps through the means of an amicus curiae system. The second part of the article addresses the necessity for cross - border cooperation. In a globalised world, there is a strong need to develop new principles and rules to govern cross -border judicial assistance. This article looks at examples of such cooperation which already exist, and discusses the prospects for improving cooperation through networks of government authorities and judges, cooperation between judges and the arbitral process, and court - to - court cooperation in such areas as the grant of provisional measures, the taking of evidence, and the administration of bankruptcy proceedings.

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