Chapter 1 introduces the main issues raised in Labour Law and its social and economic significance in regulating workplace relations. The chapter introduces the principal sources of labour law in the UK, which include statutes, the common law and European law and the difficulties in securing compliance by employers with those laws. It describes the system of employment tribunals and ordinary courts where disputes are resolved. Finally the chapter introduces some contemporary themes concerning precarious work, work/life balance and human rights at work.

Social adaptation requires humans to respond to others’ nonverbal emotional cues by selecting and executing adaptive motor responses. In this chapter, we provide a general overview of how visual perception of others’ emotional expressions, particularly threatening faces and bodies, promotes rapid processing and elaboration of multiple opportunities for action, at different levels of complexity. Notably, we will highlight how subcortical and cortical neural pathways interact to flexibly orchestrate our social behavior in response to threatening expressions, ranging from simple stimulus-driven reactions to more elaborated goal-directed actions. We will review recent findings from research on humans and other animals and discuss clinical implications, as well as future challenges and perspectives.

The brain faces an array of behavioral control challenges varying in complexity, abstraction, and temporal scale. Leveraging multiple decision-making strategies offers a clear advantage, allowing for adaptability to different contexts. Even when solving a single problem, the selection from or combination of different strategies can enhance the likelihood of success. Consequently, the brain faces the critical task of arbitrating between experts effectively. Here, we review theories of multiple controllers in value-driven decision-making, the mechanisms of arbitration between them, and the neural correlates of such processes. Although these theories have provided meaningful explanations for observed behavior and neural activity, fundamental questions persist regarding the precise nature of these controllers, their interactions, and their neural underpinnings. Notably, the role of subjective states in these computations has been largely overlooked, despite their obvious importance in the experience of making decisions.

This chapter explains the various mechanisms for the resolution of disputes, chiefly arising out of violations of the rules of the ITF, ATP and WTA. It focuses on ITF mechanisms, starting with internal processes and on-site quasi adjudicatory mechanisms. It then goes on to examine the ITF’s Internal Adjudication Panel, especially its first-instance, appellate and supervisory function, followed by the Independent Tribunal, which is an arbitral body. It proceeds to look at the various types of powers and functions conferred on the Tribunal and the jurisdiction of the Court of Arbitration for Sport (CAS) arising out of appeals against the Independent Tribunal. The chapter examines briefly the very narrow ATP and WTA dispute resolution mechanisms and the role of national courts in dealing with contractual tennis disputes.

This chapter considers the various means and methods for the peaceful settlement of international disputes as envisaged under the UN Charter and associated mechanisms. The key provisions of the UN Charter are considered, followed by an assessment of various methods of dispute settlement: negotiation, enquiry, mediation and conciliation, arbitration and adjudication. Given its significance to international law, particular attention is given to the ICJ and its jurisdiction in contentious cases and to deliver advisory opinions. The relationship between the ICJ and the Security Council is assessed, as are trends in dispute settlement.

In this chapter, the authors frame the interwar period as instrumental for the institutionalisation of international dispute settlement, with respect to both the establishment of institutions and the development of new applicable law. The chapter focuses on the institutions, but equally emphasises the foundational principles which govern the field, with the principle of consent at the forefront; with all their characteristic features and limitations, such principles are conspicuous and remain valid today. The chapter gives context to the creation of the Permanent Court of Arbitration (PCA) and the subsequent establishment and the main features of the Permanent Court; last but not least, it pays homage to the mixed arbitral tribunals, with their impressive machinery and cases decided. The interwar period was undoubtedly a time of experimentation, but it would be naïve to believe that it has come to an end: experiments remain ongoing.

The chapter gives an overview of dispute settlement during the Old Regime. Contrary to older assessments of the historiography, dispute settlement retained its importance in this era, both in qualitative and in quantitative terms. This was true for the field of theoretical literatures, which, from the last decades of the seventeenth century, dealt intensively with the subject. Normally, a clear distinction was made between an elected arbiter, who definitively decided a dispute, and a mediator, who only made peace proposals. Diplomatic practice, which made intensive use of the instruments of dispute settlement until the last decades of the eighteenth century, was much more flexible. The transitions between arbitration and mediation were fluid; the boundaries of confession and rank were also frequently crossed. In Old Regime Europe, mediation was also used for the first time in peace negotiations between Christian and Islamic powers. New forms of mediation emerged as well. One was the armed mediation, in which a power intervened in a conflict uninvited and set a peace ultimatum; this could easily lead to war. This indicates that dispute settlement did not automatically contribute to an increase in peace; the relationship of dispute settlement to war and peace remained rather ambivalent in Old Regime Europe.

Over the years, the economic relationship between China and African states has continued to grow and this is evident in the volume of Chinese investments in Africa. In the wake of these investments, China and African states have signed bilateral investment treaties (BITs), which aim to promote the development of host states and protect foreign investments from one contracting state in the territory of the other contracting state, thereby stimulating foreign investments by reducing political risk. BITs are unique in character in that they provide substantive protections to foreign investors and a basis for claims by an individual or company against a host state on grounds that such substantive protections have been breached by the host state. To avoid the need to turn to the national courts in the host state for a judicial remedy, BITs usually contain an arbitration clause submitting disputes to a neutral arbitration tribunal. This case study demonstrates one such instance where, in a first-of-its-kind case, a Chinese investor sued Nigeria, an African host state, for breach of its treaty obligations under the China-Nigeria BIT 2001, and throws light on how BITs can be used in the protection of Chinese outbound investments, including in Africa.

This chapter delves into the question of the impact of extraterritorial and secondary sanctions on private contractual relations. It opens with a discussion of the characterisation of extraterritorial and secondary sanctions as potential legal or factual impediments to the performance of contractual obligations. A detailed analysis of the case law follows, bringing to the fore some degree of reluctance on the part of judicial authorities to allow operators to suspend the performance of their contractual obligations or to terminate contractual relations on account of their exposure to extraterritorial or secondary sanctions, at least in the absence of sanctions or force majeure contractual clauses. The chapter also explores the potential tension between such sanctions, on the one hand, and measures – commonly referred to as blocking statutes – enacted by states or by the EU to thwart their effects, on the other hand. A discussion, in this respect, of the relevant case law reveals a quest for a balance between policy objectives and economic soundness and shows the existence of incongruent views on the compatibility of sanctions clauses with blocking statutes.

To litigate or not to litigate, that is the question any Chinese companies operating in the United States long enough must contemplate. For American companies, litigation is nothing but an unavoidable business risk and often a vital competition strategy, routinely dealt with by legal and managerial professionals applying monetarized cost–benefit analysis. Such analysis typically incorporates attorney fees and other litigation expenses, potential reputational damage, time and human resource consumption, and the present value of expected litigation gains or losses. By contrast, litigation in China carries complex social meanings and is often avoided to preserve long-term cooperative relationships or to signal desirable attributes to uninformed third parties. When lawsuits do occur, they are often handled by stakeholders without professional legal assistance. Disputants consider a wide range of material and nonmaterial interests that are shaped by both formal institutions undergoing significant transformation and complex, entrenched social norms governing dispute resolution. Chinese companies immersed in these two disparate institutional environments approach legal disputes in the United States.

Chapter 4 surveys a wide range of friendly and hostile interstate relations in ancient societies, where war was often the normal state of affairs. Notwithstanding the numerous conflicts, polities tried in the end, through alliances and diplomatic relations, to establish peaceful relations in view of political stability and economic prosperity. The chapter analyses hospitality rules regarding foreigners, treaties between polities and the establishment of diplomatic relations, which emerged as an international system in the ancient Near East during the mid-fourteenth century bce. An alternative to diplomacy in conflict management, typical of the Greek world, was arbitration and mediation with the help of a third party. In a final section, the chapter outlines how states, when diplomacy failed, started a war procedurally. In conclusion, the chapter argues that, in the absence of an international court, the enforcement of diplomatic rules and treaties was in many ancient societies ensured by the supranational authority of the gods.

Although civil trials provide for the lawful resolution of many kinds of disputes, the vast majority of civil matters are resolved through other processes: Negotiation, mediation, and arbitration. This chapter provides an overview of the main psychological and structural factors that influence disputants’ decisions to select and use these primary alternative dispute resolution (ADR) processes. Further, the chapter discusses the psychology of decision-making in the context of alternative dispute resolution, including identifying what constitutes successful outcomes and how biases and other tendencies can prevent parties from realizing these outcomes. Finally, the chapter addresses research on the ways in which non-parties such as mediators, facilitators, arbitrators, and judges can improve (or diminish) the likelihood that parties’ voices will be heard, that parties will be satisfied with the process, and that the selected process will result in substantively satisfactory outcomes. Major research gaps and policy implications are identified and discussed.

To what extent does soft law ensure harmonisation? Does it replace the governing law or does it complement it?

Does arbitration permit a self-sufficient contract? To what extent can relevance be disregarded without affecting the validity and enforceability of an award? What power does the arbitral tribunal have?

Contract practice andthe reasons for its standardised style. A discussion ofboilerplate clauses. A presentation of the theories of the relational contract and of the autonomous contract.