Alternative Dispute Resolution Research Guide

Presenting an empirical study of the combined use of mediation and arbitration in international commercial dispute resolution, this book synthesizes existing ways of addressing concerns associated with the same neutral (arb)-med-arb to provide recommendations on how to enhance the use of combinations in the future.

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Contains arbitration and litigation forms, checklists, illustrated examples and procedural outlines, American Arbitration Association rules, customs, practice tips, and procedures.

The second edition of Gary Born's International Commercial Arbitration is an authoritative 4,408 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process, that is available.

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Helps you successfully resolve business disputes, with detailed treatment of everything from the arbitration contract through appeals. This text includes federal statutes and rules, case law, checklists, forms, & (AAA) rules, customs, & procedures.

Overriding Mandatory Rules in International Commercial Arbitration discusses the applicability of mandatory rules of law in international commercial arbitration and addresses the concerns of the arbitrators and judges at various stages of arbitration and the recognition and enforcement of the award respectively.

The author's critical assessment addresses several issues including: - limits to the right of the parties to make unilateral appointments; - the principle of equality of the parties in the constitution of the arbitral tribunal; - arbitrators' duty to be impartial and independent; - specific problems of bias in tribunals with party-appointed members; - the question of whether a different standard of impartiality and independence in party-appointed arbitrators makes any sense; and, the presumption that party-appointed arbitrators can do things that presiding arbitrators cannot.

Addresses various contemporary problems in arbitration and ADR law - such as the use of class action arbitration, the awarding of punitive damages in arbitration, the selection of arbitrators and mediators, and recent important articles written by authors who are recognized specialists in that area.

Addresses various contemporary problems in arbitration law - such as the use of class action arbitration, the awarding of punitive damages in arbitration, the selection of arbitrators and mediators and recent important articles written by authors who are recognized specialists in that area.

This book is a handbook to guide lawyers as well as lay employer and union advocates in preparing and presenting their cases to a neutral arbitrator or board of arbitration. It leads the reader through each step of the labor arbitration process, particularly to see the arbitration process from the perspective of the advocate and to evaluate the strategies and tactics often employed by experienced advocates in case preparation and presentation.

The Handbooks on Arbitration and ADR are succinct, comprehensive and practical introductions to the use of arbitration and ADR in various fields, written by leading practitioners and scholars. They provide essential orientation and are a must for anyone with an interest in the field of arbitration and ADR. The Handbooks also address various contemporary problems in arbitration and ADR law - such as the use of class action arbitration, the awarding of punitive damages in arbitration, and the selection of arbitrators and mediators.

Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals examines one of the fundamental control mechanisms of international dispute resolution. In doing so, the book assesses procedures, standards and outcomes of challenges and recusals in some of the main international courts and tribunals, including the ICJ, ICSID, the PCA, the WTO, the Iran-US Claims Tribunal, the ICC and international criminal courts.

The 2008 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in international arbitration and mediation written by the prominent speakers at the 2008 Fordham Law School Conference on International Arbitration and Mediation.

Provides a thoroughly illustrated analysis of how essential cross-examination techniques can best be adapted to the arbitral format. Concise and well organized, it leads the reader through the different cross-examination techniques in an accessible point-by-point structure, presenting readers with a clear and authoritative introduction to the "art" of cross-examination or a quick reference for more experienced practitioners.

The book provides a comprehensive definition of culture, and methodically documents and examines the epistemology of determining facts in various legal traditions and how the mixing of traditions influences the outcome. By so doing, the book demonstrates the acute need for increasing cultural diversity among arbitrators and counsel while securing appropriate levels of cultural competence.

Using clear and concise language, unencumbered by footnotes and illustrated by flow diagrams, the authors guide the reader through the various stages of ICC arbitration proceedings, from initiation to the final award. Written from a practical perspective, this book remains an essential resource for company lawyers who wish to familiarize themselves with ICC arbitration, assess the pros and cons of entering into an arbitration clause referring to the ICC Rules, or obtain information and guidance on how to proceed in a given situation.

Juxtaposing existing disqualification decisions in the ICSID system against corresponding requirements in related dispute settlement systems, the book convincingly argues that the current approach to disqualification requests against ICSID arbitrators is too exacting in light of the high stakes of investor-State disputes.

Drawing on interviews with WTO adjudicators, WTO Secretariat staff, ambassadors, trade delegates, and trade lawyers, the book offers an elaborate analysis of the various goals steering the DSS's work, the diverse roles it plays, the challenges it confronts, and the outcomes it produces.

International Arbitration: Law and Practice (Second Edition) provides a comprehensive coverage of the basic principles and legal doctrines, and the practice, of international arbitration. It contains a systematic and concise treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings, and international arbitral awards.

The practical guidance includes: ; How to determine which dispute resolution clauses work best for different international contracts, and how to negotiate those clauses; What preliminary steps parties should consider to preserve their rights when a dispute arises; Whether and how to appoint counsel; When and how to perform an early case assessment (ECA); How to organise and conduct international mediations and arbitration proceedings; How to enforce (or set aside) arbitral awards; and Securing the benefit of additional protections available through investment treaties.

This Handbook gives voice to many of the key scholars in international arbitration, and some of its leading practitioners, to present and discuss cutting-edge knowledge in the area. It reflects the different "languages" used in the field and offers the reader a one-stop-shop entry into the subject, and the ways in which international arbitration is discussed today.

International arbitration has developed into a global system of adjudication, dealing with disputes arising from a variety of legal relationships: between states, between private commercial actors, and between private and public entities. Instead of concentrating on the national and international law governing international arbitration, it focuses on those who practice international arbitration, in order to understand how it actually works, what its sources of authority are, and what demands of legitimacy it must meet.

Principles of International Litigation and Arbitration, 2d contains considerable depth, analysis, citations and related documents. It can be used in connection with any international dispute settlement course book. Principles can also be used independently as an inexpensive course book, notably in conjunction with the legal documents appended at the end of its chapters.

The Handbook on Construction Arbitration and ADR is succinct, comprehensive and a practical introduction to the use of arbitration and ADR in various fields, written by leading practitioners and scholars. It also addresses various contemporary problems in arbitration and ADR law - such as the use of class action arbitration, the awarding of punitive damages in arbitration, and the selection of arbitrators and mediators.

This volume serves as a comprehensive guide for those who wish to reform international investment law from within, seeking a return to the mutuality of access that is in arbitration's essence. A detailed toolset is provided for enhancing the access of host States and their nationals to formal resolution mechanisms in foreign investment disputes.

Arbitration has become an increasingly important mechanism for dispute resolution, both in the domestic and international setting. Despite its importance as a form of state-sanctioned dispute resolution, it has largely remained outside the spotlight of constitutional law. This landmark work represents one of the first attempts to synthesize the fields of arbitration law and constitutional law.

This book uses insights drawn from cognitive psychology and hard data to explore the reality of investment treaty arbitration, identify core demographics and basic information on outcomes, and drill down on the costs of parties' counsel and arbitral tribunals.

The Arbitration of Intellectual Property Disputes in the United States examines intellectual property arbitration disputes where the governing procedural laws are exclusively those of United States federal or state law.

This text examines a broad range of damages topics, building on basic principles and surveying current developments to identify trends in the jurisprudence. A central contribution of this book is its exploration of cutting-edge issues dominating a new generation of investment awards and the interconnectedness of damages with other areas of international investment law. T

The book explores, in depth, the development of alternative dispute resolutions in sports, paying particular attention to high-profile institutions such as the Court of Arbitration for Sport, the FIFA Football Dispute Resolution Panel and important national-level bodies, and their relationship with national and international-level actors such as the IOC, WADA and the European Union.

In Investor - state arbitration and human rights Filip Balcerzak examines the interrelations between human rights and international investment law. The work discusses whether, and how, human rights arguments may be presented in the course of arbitral proceedings based on investment treaties.

Berk Demirkol addresses questions in relation to the substance, jurisdiction, admissibility, and remedies in cases where state responsibility arises from a wrongful judicial act.

This book provides a comparative study of online dispute resolution (ODR) systems and a model of best practices, taking into consideration the features and characteristics of various practical experiences/examples of ODR services and technological development for ODR systems and platforms.

Start-to-finish guide and reference to the entire arbitration process for all types of participants.This publication is an efficient tool that can be readily used by all participants at every stage in the securities arbitration process.

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Includes forms and samples, what to ask for in discovery, how to select arbitrators, what arbitrators want to see in claims and answers, how to prepare your client to testify and how to cross examine opposing witnesses in an arbitration setting.