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. |
Contents
Introduction | 1 |
INTERNATIONAL COMMERCIAL ARBITRATION | 2 |
Need for Conflict Management | 27 |
Background Legal and Institutional Framework | 31 |
Legal Framework of International Commercial Arbitration | 42 |
Conclusion | 67 |
The Typical Sequence of an International Arbitration 72 233 | 72 |
Hearings on the Merits | 81 |
Mediation the Prototype of ADRProcedures | 176 |
Other ADR Techniques and Combinations | 195 |
Strengths and Weaknesses of ADR Procedures | 203 |
Chapter 7 | 211 |
Brainstorming | 220 |
Chapter 8 | 223 |
Nature and Effects of ADR Clauses | 229 |
Integrating ADR into Arbitration Framework | 238 |
Conclusion | 88 |
Allocation of Costs in the Award | 96 |
Increasing Role of Alternative Settlement Techniques | 103 |
Two Surveys on Arbitration and Settlement | 105 |
Conclusion to Part Two | 128 |
Negotiation | 136 |
Conclusion | 166 |
Common Features of Alternative Techniques | 174 |
Common terms and phrases
adjudication ADR procedures Alternative Dispute Resolution American arbitral awards arbitral tribunal arbitration agreement arbitration institution arbitration procedure arbitration proceedings arbitration rules back-up bargaining Civil Law Common Law Conciliation conducted conflict management context contract cooperation counsel countries create cultural decision discovery discussion effective exchange experts facilitate fees foreign Fujitsu Germany Getting to Yes hearing ICC ADR ICC arbitration ICC Court ICC Rules ICSID important Int’l Int'l Arb integrated interest-based interests International Arbitration International Commercial Arbitration Interview involved issues judge judgment judicial jurisdiction Laker Airways Law and Practice lawyers LCIA Rules legal framework limited mediation window Mind Map mini-trial national courts negotiation theory neutral no-agreement alternatives outcome participants Partner possible potential Practice of International recognition and enforcement Redfern & Hunter relevant request result risk role settlement negotiations side techniques third party tion transaction costs transnational litigation UNCITRAL York Convention
References to this book
Schiedsgerichtsbarkeit und Gemeinschaftsrecht: im Spannungsverhältnis ... Petra Zobel Limited preview - 2005 |