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HOLO Books

Arbitration Press - Catalogue 

 

TitleARBITRATION AND MEDIATION IN SEVENTEENTH-CENTURY ENGLAND (to be published Jan 2017)
AuthorDerek Roebuck
AbstractDespite plague, fire, political upheaval and religious strife, in the 17th century English people of all kinds used mediation and arbitration routinely to help resolve their differences. Litigation was a costly and unpopular alternative.

Kings and poor widows were parties. They usually asked an even number of third parties, first to arrange a settlement as mediators and, if that failed, to adjudicate as arbitrators. Parties relied on bonds to ensure each other’s performance of the submission and award.

Kings and yeomen arbitrated. Francis Bacon, Edward Coke, Samuel Pepys, Robert Hooke and James I himself all took what they called arbitrament for granted as the best way of resolving all kinds of disputes they could not manage themselves. The redoubtable Lady Anne Clifford was exceptional; she successfully withstood the insistent demands of James I to arbitrate in her land dispute with her husband and family. Women appear as often as men in many of the primary sources and have a chapter to themselves.

As the century drew to its close, lawyers advised their clients to take advantage of the courts’ offer to accept a claim and, with the parties’ consent, to refer it to arbitration, with arbitrators appointed by the court. That process came to be called a rule of court and the Government established it by the Arbitration Act 1698. There are five parts: 1.background; 2. subject matter: land, family and business; 3. the people: parties and arbitrators; 4. the law; 5. conclusions.
ISBN978-0-9572153-1-3
NotesHardback, 530 pages
Year2017
PriceRetail price £40, Website price for UK: £35 for Overseas: £38
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TitleTHE GOLDEN AGE OF ARBITRATION: DISPUTE RESOLUTION UNDER ELIZABETH I (to be published Jan 2015)
AuthorDerek Roebuck
AbstractElizabeth I determinedly provided a Government mediation and arbitration scheme. The primary sources shows she had a special concern for women, the poor and anyone disadvantaged by the costs and delays of the law. Her Privy Council arranged arbitrations with no fees and with free legal aid. The archives are voluminous, in the Acts of the Privy Council, the National Archives and local collections. Elizabeth I’s arbitration scheme dominates this book, but the background was private arbitration, arranged by the parties themselves. Arbitration was then the ordinary way to settle a dispute the parties could not end themselves. Each side chose one or more arbitrators and that even number would try to mediate a settlement. If they failed, they would try to get the parties to agree on who should decide for them. The arbitrators include well-known personalities: Cecil and Walsingham, Raleigh and Hawkins, Coke and Bacon. Women participate at all levels, in disputes over land, business and family matters. Many of the disputes were between foreign merchants and some were submitted to their arbitration. What law there was on arbitration had little impact on practice. The most important revelation is the Queen’s concern for the poor: ‘If the phrases “legal aid” and even “welfare state” had been coined by then, it may be unwise to assume that Elizabeth I’s Government would have used them as terms of abuse.’
ISBN957215306
NotesHardback, 375 pages
Year2015
PriceRetail price £40, Website price for UK: £35 for Overseas: £38
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TitleMEDIATION AND ARBITRATION IN THE MIDDLE AGES: ENGLAND 1154-1558
AuthorDerek Roebuck
AbstractIn England in the later Middle Ages the routine and all-pervasive methods of managing disputes were mediation and arbitration. When the parties resorted to litigation, it was often in the context of what is now called alternative dispute resolution. The major cities – London, York and Bristol – offered regular mediation/arbitration services. The central government, through the king’s Council, frequently made use of arbitration, as did the councils of great lords. There was almost no restriction on the subject matter, which included freehold title to land, personal status – free or villein, crime – including murder and rape, and sophisticated means of dealing with claims for medical negligence. Primary sources, with ample quotations in modern English, provide the evidence for what happened in practice, with a final chapter tracing the development of the relevant law. Chapters are grouped into Parts: The Background: The Setting; The Legal System; The Primacy of Mediation; Arbitration in Practice - The Subject Matter: All Manner of Dispute; Crime, Status and Chivalry; Land and Inheritance - The Communities: King, Parliament and Council; Great Lords and Their Councils; Cities and Boroughs; Oxford; Guilds; Jews; Women; The Church - The Practice of the Pastons: How to do it: Manipulation of the Means; How not to do it: Best to Reconcile - The Law - Conclusions
ISBN9780954405632
NotesHardback, 458 Pages
Year2013
Price£35
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TitleDISPUTES AND DIFFERENCES: COMPARISONS IN LAW, LANGUAGE AND HISTORY
AuthorDerek Roebuck
AbstractThirty-eight papers written over fifty years show that anyone who wants to understand law can benefit from the insights of linguistics, history and anthropology. Equally important are the techniques of other disciplines, particularly the comparative method. In Part 1 the emphases are on law reform, human rights and peace (particularly the campaign to stop the use of mercenaries), protection of the environment, and the relations between customary law and introduced state law. Part 2 illustrates a conviction that the study of language can illuminate legal problems. It combines historical researches, intended to explode the dangerous myth that the English common law can be transacted only in the English language, with justifications of, reports on and analyses of the creation of a Chinese Digest of the common law in Hong Kong. Part 3 tries to discover, describe and understand the historical development of methods of managing disputes. Part 4 makes suggestions about the relation of theory to practice.
ISBN9780954405625
NotesHardback, 500 Pages, 4 Illustrations
Year2010
Price£30
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TitleEARLY ENGLISH ARBITRATION
AuthorDerek Roebuck
AbstractThis is the first history of mediation and arbitration in England before the Common Law. In prehistoric times, archaeology and genetics provide evidence of assemblies to deal with disputes. From Roman times, documents survive which show mediation and arbitration in practice. A fragment of an award is dated 14 March 114AD. A Wiltshire arbitrator reports in his own words of arbitrating in Alfred’s time. A Worcestershire award a thousand years ago could teach today’s practitioners new tricks. After the Norman Conquest, a compromise could still be mediated in the middle of trial by battle, one side’s champion concealing that he had lost his sight.
ISBN9780954405618
NotesHardback 336 pages, 4 maps, endpapers, dustjacket, 220x140mm
Year2008
Price£30
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TitleMANAGING THE RECOVERY OF INTERNATIONAL DEBTS
AuthorEdited by Michael Shone
AbstractEveryone whose work includes international trade needs to know as much as possible about the problems of recovering international debts and how to resolve them. Each of the papers collected here seeks to increase their understanding in different ways, without assuming they are professional lawyers. Antonio Bueno’s ‘The Recovery Toolbox’ explains the most important topics; Axel Bösch deals with interim measures; Eugen Salpius compares institutional arbitrations; Derek Roebuck analyses the different financial instruments; Michael Shone discusses the remedies of an unpaid seller and Basil Chan describes difficulties which face chief financial officers. Together these experts, brought together at the Commercial Intelligence Conference in Lucerne in 2004, provide invaluable insights for practitioners in international trade and finance.
ISBN0-9544056-0-9
NotesHardback, 113 Pages
Year2005
Price£30
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TitleROMAN ARBITRATION
AuthorDerek Roebuck and Bruno de Loynes de Fumichon
AbstractThis history of Roman arbitration covers a long period and a vast area, from a small Italian city, 6th century BC, to every part of the Roman empire, 7th century AD. By then, Justinian’s comprehensive codification had been completed but the Arab conquest of Egypt had shown the empire was finished. It describes the procedures by which those who lived under Roman administration dealt with their disputes. It relies not only on the great mass of legal learning preserved in Justinian’s Corpus Juris but on literary works (including the works of surveyor-arbitrators) and on original sources which have survived by chance as public inscriptions on stone and bronze, or private documents on wax tablets and papyrus. They reveal much more than the technicalities of law and practice. They bring back to life the men and women who believed that by mediation and arbitration they could get their problems resolved: electoral corruption; boundaries; the quality of wine; niggling family rows resolved by the papyrus deeds in an arbitrator’s files from a long lost town in Roman Egypt. Mediators and arbitrators everywhere, not only in jurisdictions directly influenced by Roman law, still think in categories and use techniques inherited from their Roman forebears.
Reviews‘For a long time Roebuck’s publications have won the admiration of arbitration specialists by their combination of prodigious learning and a light and elegant style. Ancient Greek Arbitration (2001) and The Charitable Arbitrator (2002) are both masterpieces. A Miscellany of Disputes (2000), whose sub-title should perhaps be ‘a researcher’s divertissements’, is an anthology of tales about arbitration which Roebuck has discovered in the literature of the whole world going back as far as ancient China…. The pleasure which the reader will find in this book is in the detail; the authors bring back to life these ancient ancestors and their preoccupations, so similar to ours…. The distant past is no doubt as unforeseeable as the future. This is why Messrs Roebuck and de Fumichon, as they teach us about it, also make us dream.’ Jan Paulsson Revue de l’Arbitrage

‘This meticulous study of the ways and means in which Roman law asserted control over disputes between individuals, communities and even states, is based on an in-depth analysis of legal texts’ Oxbow Book News 62, Winter 2004

‘Derek Roebuck is to arbitration what Sue Grafton is to mystery fans…. Roebuck has written a great series of books about arbitration in ancient times…. He makes wonderful use of the expertise of French co-author Bruno de Loynes de Fumichon…. An excellent reference for researchers, academicians and students.’ Cindy Fazzi Dispute Resolution Journal
ISBN0-9537730-3-5
NotesHardback, 295 Pages
Year2014
Price£30
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TitleTHE CHARITABLE ARBITRATOR How to Mediate and Arbitrate in Louis XIV’s France
AuthorDerek Roebuck
AbstractDerek Roebuck has translated with a substantial introduction this previously unused source of importance to all concerned with the development of mediation and arbitration. Printed first in 1666, it is both an instruction manual and a plea for reform. It describes mediations and arbitrations of the period, with forms and precedents, practical examples and handy tips. The author, Alexandre de la Roche, was a cleric with a close knowledge of the Paris courts. Eight plates, five showing arbitrations. The text of the first edition is reproduced in facsimile and the translation (of the expanded edition) catches the salty and forceful style of La Roche, who recommends all kinds of threats and guile ‘To prevent suits and disputes, or at least to finish them quickly, without trouble and cost.’ He would have recommended today’s arbitrators and mediators to buy this book not just for its message of reform but to bring up-to-date their tricks-of-the-trade.
Reviews‘A stunning piece of scholarship… direct lessons for modern practice’ Professor Michael O’Reilly Arbitration
ISBN0-9537730-2-7
NotesHardback, 450 Pages, 8 Plates
Year2002
Price£30
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TitleBILLS OF EXCHANGE a South East Asian Perspective
AuthorMichael Shone
AbstractA short guide to bills of exchange, for exporters who want to know more about the legal and practical realities of a method of payment in widespread everyday use. Michael Shone, leading practitioner with unequalled experience in Asia, also provides a synopsis of the law in the principal export markets of South East Asia: Taiwan, Thailand, South Korea, Indonesia, Singapore, Philippines, Malaysia and Hong Kong, comparing Common Law and Civil Law systems; with forms and precedents.
ISBN0-9537730-4-3
NotesPaperback, 64 pages, bilingual Dutch and English
Year2001
Price£20
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TitleANCIENT GREEK ARBITRATION
AuthorDerek Roebuck
AbstractThe first full-length description and analysis of how dispute resolution by mediation and arbitration developed in the Ancient Greek world, from Homer to Cleopatra. Based on all the primary sources, with the relevant extracts in new translations: not only poetry, drama, history, philosophy and oratory, but also inscriptions and the mass of arbitration documents surviving as papyri. Introductory chapters deal with theory and method, language and translation, and the Greek legal system. The conclusions show how mediation and arbitration were partners in the ordinary processes of dispute resolution, and widespread in all the times and places examined.
Reviews‘Immense merit as a prodigious scholastic work and historical resource… full of human interest… eminently readable’ Julian Critchlow Arbitration

‘Most compelling was the detail in the Egyptian papyri… disputes about the precise methods of quarrying stone, with the parties, the arbitrators and even the witnesses… in a manner that brings the whole story to life’ Professor John Uff QC

‘A very comprehensive book about arbitral jurisdiction in Ancient Greece is now available to the legal historian’ Gerhard Thür Zeitschrift der Savigny-Stiftung

‘This is a historical study aiming to present as accurate a picture as possible of arbitration in the Greek world along with as comprehensive a collection of ancient evidence as possible. In these terms it succeeds admirably' Professor Michael Gagarin Ordia Prima
ISBN0-9537730-1-9
NotesHardback, 420 Pages
Year2001
Price£30
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TitleA MISCELLANY OF DISPUTES
AuthorDerek Roebuck
AbstractThe first anthology of stories about disputes resolved without litigation, from rich sources from old and new China, Ancient Greece, Rome, Aesop’s fables, medieval England, French vaudeville, as well as Shakespeare, Chaucer, the romantic novel and Stravinsky as arbitrator. What may surprise many is the role that women have played as arbitrators since history began.
Reviews‘I began to read one story, then another. I began to chuckle…. Story after story kept me gripped’ Professor Michael O’Reilly Arbitration
ISBN0-9537730-0-0
NotesHardback, 128 Pages
Year2000
Price£15
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TitleA Digest of Hong Kong Criminal Procedure
AuthorGeneral editor Derek Roebuck; Chinese General editor Zhao Bingzhi
AbstractThis is the digest of the law of criminal procedure which completed the Chinese Digest project. It presents in an accessible form the rules which govern the application of criminal law in Hong Kong.
ISBN7-301-13440-7
NotesEnglish and Chinese; published Peking University Press; UK distribution HOLO Books
Year1997
Price£30
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TitleA Digest of Hong Kong Criminal Law
AuthorGeneral editor Derek Roebuck; Chinese editor Zhao Bingzhi
AbstractFrom the descriptive text, now in Chinese, it is possible to extract the principles and present them in the form of a digest, in many respects a code without legislative authority. This is that digest of criminal law in Hong Kong. For the first time, Chinese readers in Hong Kong can find the law which governs their daily lives.
ISBN7-301-03194-7
NotesEnglish and Chinese; published Peking University Press; UK distribution HOLO Books
Year1996
Price£30
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TitleCriminal Procedure of Hong Kong: a descriptive text (Chinese)
AuthorGeneral editor Derek Roebuck; Chinese editor Zhao Bingzhi
AbstractThe next stage in creating a digest is to translate the descriptive text into the target language, Chinese. This is a translation of the English text on criminal procedure.
ISBN7-301-03228-5
NotesChinese; published Peking University Press; UK distribution HOLO Books
Year1996
Price£30
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TitleCriminal Procedure of Hong Kong: a descriptive text
AuthorGeneral Editor: Derek Roebuck
AbstractIn the creation of the digest of criminal law, it became clear that criminal procedure was best dealt with separately. This is the comprehensive description of the law of criminal procedure in Hong Kong in English.
ISBN7-301-03193-9
NotesEnglish; published Peking University Press; UK distribution HOLO Books
Year1996
Price£30
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TitleCriminal Law of Hong Kong: a descriptive text (Chinese)
AuthorGeneral editor Derek Roebuck; Chinese editor Zhao Bingzhi
AbstractThe next stage in creating a digest is to translate the descriptive text into the target language, Chinese. This is a translation of the English text on criminal law.
ISBN7-301-03089-4
NotesChinese; published Peking University Press; UK distribution HOLO Books
Year1996
Price£30
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TitleCriminal Law of Hong Kong: a descriptive text
AuthorGeneral Editor: Derek Roebuck
AbstractExperience in producing A Digest of Hong Contract Law showed that the most effective way of preparing a digest is to start by creating a comprehensive description of the law in its own language, English. This is that descriptive text of the criminal law of Hong Kong.
ISBN7-301-02959-4
NotesEnglish; published Peking University Press; UK distribution HOLO Books
Year1995
Price£30
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TitleA Digest of Hong Kong Contract Law
AuthorGeneral Editor: Derek Roebuck
AbstractNine out of ten people in Hong Kong speak Cantonese and read Chinese; few are functionally bilingual in English. The Basic Law retains the English Common Law principles. The Chinese Digest sets out to provide practitioners and scholars with translations of that law into Chinese. This is the first volume, containing the general principles of the law of contract.
ISBN7-301-02887-3
NotesEnglish and Chinese; published Peking University Press; UK distribution HOLO Books
Year1995
Price£30
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