Arbitration and Mediation in International Business

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Kluwer Law International B.V., 2006 M01 1 - 309 pages
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This greatly updated and expanded version of a 1996 classic - in its time, the first major study on the practice of international business dispute resolution - is a new book in itself. Benefitting from a comprehensive empirical survey of new trends in the field, and from discussions of the newest tools for making settlement negotiations more effective, the second edition is a "must have" resource for anyone dealing with a potential conflict in international business relationships. The authors' analysis is rooted in the experience of over 100 top practitioners from 17 countries, distilling the conduct of over 3000 international commercial arbitrations and mediations. The book's in-depth coverage includes such key considerations as the following: process, legal framework, and transaction costs of international commercial arbitrations; practical techniques to integrate mediation and arbitration in international business; conflict and negotiation theory as a conceptual basis for mediation and other alternative dispute resolution techniques; guidelines for the design of procedures for effective conflict management in international business; and statements and recommendations of numerous practitioners made during personal interviews. An abundance of illustrative graphs, tables and practical checklists enhances the presentation throughout.
 

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Contents

Introduction
1
internatiOnal COMMerCial arbitratiOn
2
Reduced Effectiveness of Contractual Planning
11
Need for Conflict Management
27
Background Legal and Institutional Framework
31
Legal Framework of International Commercial Arbitration
42
Chapter 4
45
Chapter 3
69
Common Features of Alternative Techniques
174
Mediation the Prototype of ADRProcedures
176
Other ADR Techniques and Combinations
195
Strengths and eaknesses of ADR Procedures
203
Chapter 7
211
Brainstorming
220
Chapter 8
223
Integrating ADR into Arbitration Framework
238

The Typical Sequence of an International Arbitration
72
The Cost Structure of International Arbitration
89
Recent Trends in International Commercial Arbitration
101
Two Surveys on Arbitration and Settlement
105
Conclusion to Part Two
128
Negotiation
136
Conclusion
166
synthesis
245
Strategies of Integrating the Processes
251
A Dynamic Approach to Dispute Resolution Process Design
265
List of Individuals
271
List of Institutions
279
Index
305

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