Arbitration and Mediation in International BusinessKluwer Law International B.V., 2006 M01 1 - 309 pages 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 |
305 | |
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Common terms and phrases
addition agree agreement alternative American amount analysis applicable arbitral tribunal authority award Civil claim clause Common complex conducted conflict contract cooperation costs counsel countries courts create cultural deal decision depends detailed determined developed discovery discussion dispute resolution effective enforcement evidence exchange exist experts facts fees final foreign framework frequently German hearing ICC Rules important initial institution Integrity interests International Arbitration international business International Commercial Arbitration involved issues judge judgment judicial jurisdiction Law and Practice lawyers limited litigation matter means mediation nature negotiation neutral participants particular parties possible potential practice Practice of International presented problems procedure proceedings questions reach recognition Redfern & Hunter Reference regard relevant request require respect result risk role Rules separate settlement side significant solution sometimes standard techniques UNCITRAL United usually witnesses written York Convention
References to this book
Schiedsgerichtsbarkeit und Gemeinschaftsrecht: im Spannungsverhältnis ... Petra Zobel Limited preview - 2005 |