Download or read book Using Contractual Arbitration for Cost effective Dispute Resolution written by and published by . This book was released on 1982 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Resolving Disputes written by Jay Folberg and published by Aspen Publishing. This book was released on 2021-09-14 with total page 804 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks. Resolving Disputes: Theory, Practice, and Law, Fourth Edition, covers negotiation, mediation, arbitration, and hybrid approaches, preparing law students to represent clients in all types of alternative dispute resolution. The text is practical, while grounded in theory. Drawing on the authors’ decades of experience as teachers, practicing neutrals, and ADR trainers, this casebook provides vivid examples from actual cases, literature, and current media. It also offers diverse readings by leading authors, along with comprehensive video-based resources and attention to prominent developments in the field. The text integrates coverage of law, ethics, and practice, as well as interesting notes, thoughtful problems, and provocative questions. New to the Fourth Edition: Fresh new material and perspectives benefiting from two new coauthors More problems, techniques, resources, and video-based examples of effective representation in mediation Integrated access to videos, allowing students to view professionals applying techniques discussed in the book as they read Streamlined presentation—concise excerpts and summaries that allow shorter reading assignments Greater coverage of online dispute resolution (ODR) and dispute systems design (DSD)—two of the most important new directions in the field Increased focus on gender, #MeToo, culture, social activism, historical inequities, anti-racism, and other crucial issues affecting dispute resolution today Discussion of how dispute resolution is changing with new technological advances, social trends and hybrid processes Expanded arbitration section, with attention to adhesion contracts, recent cases and legislation Access to arbitration games, exercises and streaming interviews with top arbitration experts An in-depth chapter on mixing ADR modes and hybrid processes Professors and student will benefit from: Organization and readings designed to be used as part of an active experiential class without sacrificing the deep knowledge expected in a law school course Informal writing style, interesting examples, practical advice, and thought-provoking questions, all written specifically for law students who will soon represent clients in resolving disputes Practice-based approach that helps students apply the concepts and better identify the value in the content Exercises and problems that facilitate classroom discussion

Download or read book The Freshfields Guide to Arbitration Clauses in International Contracts written by Jan Paulsson and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: With this newly updated edition of the Freshfields Guide to Arbitration Clauses in International Contracts - still in the concise, attractive format that made the original so popular - lawyers and business people will confidently negotiate contracts that ensure a speedy, clear-cut resolution of any dispute likely to arise. Taking into account the many significant developments in the law and practice of international arbitration that have occurred over the years since the previous editions, it offers: ; clear, uncomplicated contract-drafting advice, derived from the authors' wide-ranging practical experience; model clauses that ensure the effectiveness of dispute resolution provisions - and avoid pitfalls, and important reference materials.

Download or read book International Dispute Resolution written by Vesna Lazić and published by Springer. This book was released on 2018-07-26 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div

Download or read book Resolving Disputes by Arbitration written by Catherine Swee Kian Tay and published by NUS Press. This book was released on 1998 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, the author explains in simple language how business contracts can be better managed by helping the reader be more aware of the various ways through which disputes may be resolved practically and efficiently, especially by arbitration. It also gives an overview of arbitration and the law, including domestic arbitration and international commercial arbitration, and the key elements and considerations that one should know. Intended for the general reader but should be an equally useful reference for the professional.

Download or read book Alternatives to Litigation written by Andrea Doneff and published by Aspen Publishing. This book was released on 2014-07-17 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alternatives to Litigation was first published in 1993 when alternate dispute resolution practice was in its infancy. Now in its Third Edition, this book reflects the growth in this field and also the growing interest and in some states mandatory use of ADR. Authors Andrea Doneff and Abraham Ordover explore key concepts and terms, and address practical how-to issues that all attorneys need to recognize and master regardless of their field of expertise. Alternatives to Litigation includes appendices providing sample agreements, checklists, a model standard of conduct, commentary on ethical issues and other useful resources.

Download or read book A Handbook of Dispute Resolution written by Karl J Mackie and published by Routledge. This book was released on 2013-01-11 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Handbook of Dispute Resolution examines the theoretical and practical developments that are transforming the practice of lawyers and other professionals engaged in settling disputes, grievance-handling and litigation. The book explains what distinguishes ADR from other forms of dispute resolution and examines the role ADR can play in a range of contexts where litigation would once have been the only option, such as family law and company law. In some areas, like industrial relations, ADR is not an alternative, but the main method of conflict-intervention, and several contributors draw on their experience of negotiating between management and unions. A wide variety of methods is open to the non-litigious, including resort to Ombudsmen, negotiation, small claims courts and mini-trials; these and other options receive detailed attention. Given the newness of ADR as a discipline, questions about the training of mediators and about the role of central government have not yet been resolved. The final section of the book is devoted to discussion of these issues. Case studies are drawn from the international arena - examples from China, Canada, Australia, Germany and North America place ADR in a cultural and historical perspective.

Download or read book International Construction Arbitration Law written by Jane Jenkins and published by Kluwer Law International B.V.. This book was released on 2021-02-10 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration in Context Series Volume 1 There is probably no area of activity more in need of reliable dispute resolution procedures than construction projects, especially if more than one jurisdiction is involved. The third edition of this eminently practical guide greatly facilitates the process for all parties concerned. The text, updated to include the latest edition of arbitral rules and introducing the Prague Rules, considers the full range of available dispute resolution methods, including mediation, conciliation and determination by dispute review boards, before focusing specifically on arbitration. The book then looks in detail at all aspects of arbitration, from commencement of proceedings, selection of the tribunal, through preparation and collection of the evidence necessary in complex construction cases, to common procedural issues, the conduct of the hearing, the effect of the award, challenges to it and its enforcement. The third edition addresses fresh thinking on MedArb, guidance on preparation for and conduct of virtual hearings in the wake of COVID-19, technological advances to assist collection and presentation of evidence, litigation funding and includes a new chapter on the role of arbitration in tender disputes. Specific valuable features include the following: guidance on the drafting of dispute resolution provisions designed to minimise disputes and facilitate their swift resolution; flowcharts to illustrate the stages in dispute procedures and arbitration; a comparison between common law and civil law approaches to key concepts; details of the key features of a construction contract, common standard forms and procurement structures; expert guidance on effective contract administration; step-by-step advice on the conduct of a construction arbitration to maximise efficiency; and coverage of particular issues thrown up by complex construction disputes which differentiate them from other commercial disputes, with guidelines on how to approach such issues in the presentation before a tribunal. As an easy-to-use resource for both general counsel and the lawyers in private practice, this book has no peers. It has proved to be of particular value to commercial contract negotiators and corporate counsel who may have many years of experience but have not had to live through a construction dispute or manage a construction contract during the life of a project. Lawyers in private practice embarking on a construction dispute for the first time will also find this book of value, as will students of dispute resolution.

Download or read book Taxmann s Construction Arbitration Delays Disputes Resolution 2021 Edition written by Dr. S.B. Saraswat and published by Taxmann Publications Private Limited. This book was released on 2020-12-14 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book has been conceived to address a particularly pressing aspect of ‘disputes in constructions projects’. It provides a practical guide & follows a very systematic approach, to dispute resolution, through mediation, conciliation and arbitration, under the construction contracts. It covers all aspects of the causes of delay including coverage of delay analysis report, the various disputes, and the arbitration process for satisfactory & faster resolution. This book is based on issues relating to major EPC projects of process industries such as steel, petrochemical, power plants, etc. It also covers issues relating to the infrastructure sector in private and public sectors. This book will be useful for persons involved in construction arbitration, lawyers, project professionals, arbitrators, students and academicians. The Present Publications is the 1st Edition, incorporating analysis of problems of the construction sector and their impact along with analysis of 10 case studies while attempting to cull out the necessary principles involved in the execution of the projects. The key features of this book are as follows: • In the introduction, the current scenario of construction sector has been discussed, along-with the problems faced by them and its impact on country’s growth/GDP. • [Delay Analysis Report] Project finalization & execution has also been briefly addressed, along with detailed description of possible reasons of conflicts and disputes in large projects. It also includes Delay Analysis Report (‘DAR’) detailing all the delays which take place in construction projects. • [Preparation of Claims with Examples] Preparation of claims and counter claims has been elucidated (with examples) along-with organizing the evidence for construction arbitration. • Use of Alternate Dispute Resolution (‘ADR’) mechanism, for dispute resolution has been discussed. • [Case Studies] are provided, that compare the project execution methodology, concerning private and public sectors and the outcomes of projects. • [Simple & Lucid Presentation of Text] Technical, contractual & commercial reasons for delay in projects have been described in simple language, which can be understood by lawyers, arbitrators, and laymen working in the construction industry The contents of the book are as follows: • Impact of disputes in construction sector • Ideal needs of successful project execution • Overview of projects and construction sector in India • Types of construction contracts – Traditional • Projects execution in India – Status • General process of finalization of EPC contract for large projects • Stakeholders in EPC project • Analysis and comparison of salient features of different EPC contracts • Critical examination, comparison and review of major clauses of EPC project contracts • Brutal global impact of COVID-19 • Force majeure in Indian projects due to COVID-19 • Project monitoring & control • Pre-requisites for successful completion of an EPC project • Case studies of project execution detailing the methodology of execution, elements of delay and potentialities of disputes in projects • Conclusions drawn from the case studies of project execution • Common clauses of delays in EPC projects • Preparation of project Delay Reports • Delay analyzing techniques in construction projects • Delay in construction contracts – A Legal View • Construction dispute resolution as per Alternate Dispute Resolution mechanism • Settlement of construction dispute through Negotiation • Settlement of construction dispute through Mediation • Settlement of construction dispute through Conciliation • Settlement of construction dispute through Arbitration • Indian Arbitration and Conciliation (Amendment) Act, 2019 a reflection • Claim in a construction project • Need for evidence in construction arbitration Reviewed by Justice Dipak Mishra | Former Chief Justice of India After reading the book, I am tempted to say that though it focuses on a very prosaic subject, yet there is “something” in it that makes it interesting for the readers. And any reader can find that “something” only after studying the book. It is a must read for the students, practitioners and academicians involved in the field. I so recommend as the author is consistently guided by the motto, “quality speaks for itself”. The author’s intention is to assist and educate. I have deliberately used both the words because I am of the view that this book should be read by some with the vision of an Argus-eyed personality and some should study with humility. The author deals with many facets with admirable precision. One may consider his delineation with regard to the conception of delay. He has commandedly adverted to “Common Causes of delay in EPC Projects”. I am certain that anyone arguing a matter before a Tribunal or Court will be extremely benefitted. The author’s case study has its own impact and reaffirms the old saying “Example is better than Precept”. He believes in the concept “successful project execution is more than a written piece of contract”. This statement by Dr. Saraswat deserves to be a quotation. Reviewed by Justice B.B. Srikrishna | Former Judge | Supreme Court of India Dr. S.B. Saraswat is a technocrat with extensive experience of four decades in public as well as private sector industries in India and abroad. He was actively involved in successful execution of many large projects in Steel, Power and Petroleum sectors. His long experience in their execution has exposed him to various kinds of disputes faced as client and as contractor. This book is the result of his rich experience of dispute resolution by arbitration in the construction industry and reflects his insights on aspects of delays, disputes & their resolution. Apart from general discussion of the arbitral mechanics in such disputes, the book focusses on the nature of construction contracts, the likely pitfalls therein, the force majeure clauses in such contracts, project control and monitoring, common causes of delay in EPC contracts, delay analysis techniques, techniques of ADR, nature of claims, their submission and the evidence required to substantiate the claims in light of the legal provisions of the Arbitration and Conciliation Act, 1996 and other applicable laws. Reviewed by Justice Deepak Verma | Former Judge | Supreme Court of India This book by Dr. S.B. Saraswat encapsulates the following: • The problems of the construction sector and their impact has been analyzed in detail. • First it has been advised that disputes should be resolved mutually among stakeholders failing which mediation and conciliation should be adopted. Procedures for the same have been described in the book. • It is a fact that large construction projects in India are invariably delayed due to a variety of reasons. This book contains all the possible reasons for the delay in the project. Further, the book also spells out an action plan to avoid such delays. • The book has handled the delay analysis through various delay techniques normally adopted as a standard practice. Delay in the projects has been described in a comprehensible manner that can be easily understood by lawyers, arbitrators and laymen working in the construction industry. • The book also analyses 10(ten) case studies while attempting to cull out the necessary principles involved in the execution of the projects. • Preparation of claims has been dealt with in the book and explained with suitable examples. • Utility of evidences to substantiate the claims have been incorporated. • The book discusses ADR techniques like Negotiation, Mediation, Conciliation and Arbitration to resolve construction disputes. Reviewed by Justice A.K. Sikri | Former Judge | Supreme Court of India Understanding the need to have some authentic book to guide and help all the stakeholders, Dr. S.B. Saraswat has laboured to produce the book at hand which specifically takes care of issues relating to construction arbitration. The three major elements in this field as mentioned above, viz., delays in such projects, nature of disputes and the resolution thereof through arbitration are the themes which are very deftly articulated and presented in a manner which can easily be absorbed by the readers. A distinguished feature of the book is that the scope is not confined to use of ADR mechanisms for dispute resolution (which includes mediation as well as arbitration), but contains an in- depth analysis into the causes leading to such disputes. This becomes important to ensure ‘Dispute Avoidance’, wherever possible. In case of disputes, the book acts as a helpful guide for the disputants in the manner in which claims should be preferred or the defences be offered. It also guides the stakeholders the manner in which evidence needs to be organised or supporting the claims or defending the claims.

Download or read book IT Contracts and Dispute Management written by Steven Baker and published by Edward Elgar Publishing. This book was released on 2018 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: IT Contracts and Dispute Management addresses the law relating to technology projects and the practical, procedural and legal issues which arise at each stage. The authors draw on extensive personal experience of successfully managing IT project disputes from their initial stage through to resolution through a range of dispute resolution mechanisms. Being the only published work in this area relating to English law, the book will be a valuable resource to lawyers acting in connection with procuring an IT project or advising clients on avoidance and resolution of IT project disputes.

Download or read book Reinsurance Arbitrations written by Kyriaki Noussia and published by Springer Science & Business Media. This book was released on 2014-02-04 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following events such as the 2008 credit crunch and financial crisis, many sectors of the economy suffered; nevertheless, reinsurance managed to maintain its strong position in the market industry and the global economic arena. Arbitration has traditionally been used in reinsurance, due in no small part to its effective, time- and cost-efficient nature. Hence, reinsurance contracts often include arbitration clauses requiring that any and all disputes arising under the contract be resolved by arbitration. The current work provides an in-depth treatment of reinsurance arbitrations and the various issues they entail in the most representative jurisdictions for such arbitrations. It also aims to pave the way for future directions of arbitration in the context of reinsurance. Any participant in the reinsurance market arena looking for a roadmap to the fascinating legal environment in which reinsurance arbitrations operate would be well advised to have this book on hand.

Download or read book Procedure and Evidence in International Arbitration written by Jeffrey Waincymer and published by Kluwer Law International B.V.. This book was released on 2012-05-23 with total page 1408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Central to the book’s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthesizing and engaging with the conference literature and differing authors’ views. He identifies criteria that offer a harmonized approach to each stage of the arbitral process, with particular attention to such aspects of international arbitration as: appropriate trade-offs between flexibility and certainty; the rights, duties and powers of arbitrators; appointment and challenge of arbitrators; responses to ‘guerilla’ tactics; drafting of arbitration agreements, including specialty clauses; drafting of required commencement notices and response documents; set-off; fast track arbitration and other efficiency options; strategic use of preliminary conferences and timetabling; online arbitration; multi-party, multi-contract, class arbitration; amicus and third party funders; pre-arbitral referees and interim relief; witness evidence, both factual and expert; documentary evidence, production obligations, and challenges to production; identifying applicable law; and remedies and costs.

Download or read book Examples Explanations for Dispute Resolution written by Michael L. Moffitt and published by Aspen Publishing. This book was released on 2022-10-27 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Highly respected ADR authors Michael Moffitt and Andrea Schneider bring their considerable experience and expertise to the proven-effective Examples & Explanations series pedagogy. Dispute Resolution, Fourth Edition combines introductions to theory with practical exercises in decision analysis, problem solving, and various forms of conflict resolution. New to the 4th Edition: Updated and streamlined coverage of arbitration, in light of recent Supreme Court cases, including New Prime, DirectTV, and Schein v. Archer Updated treatment of mediation confidentiality, ethics, and the enforcement of mediation agreements Includes materials on fraud and other negotiation misconduct Includes recent U.S. Supreme Court opinions, state and federal legislative changes, and common contractual modifications Cites and references to principal cases used in most leading casebooks Updated examples throughout Professors and students will benefit from: Practical and broad coverage of the three principal areas of dispute resolution practice Up-to-date coverage of recent court developments Entertaining examples designed to make significant concepts engaging and memorable A modular approach that permits the materials to be engaged with in any sequence, and be adapted easily to any textbook or casebook

Download or read book Arbitration and Mediation in International Business written by Christian Bühring-Uhle and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Arbitration and mediation in international business was first published in 1996 and was one of the first comprehensive studies on the practice of international business dispute resolution, covering both international commercial arbitration and the so-called ?alternative? techniques such as mediation. The book also provided an empirical analysis of how both arbitration and mediation are conducted in a crossborder context, along with a normative guide to the relative costs and benefits of these two methods. This second edition is not just an updated version of the first edition but a new book in itself: Benefitting from the contributions of two co-authors, the work has been enhanced by discussions of innovative tools for making settlement negotiations more effective, and by the in-depth analysis of practical techniques to integrate mediation and arbitration in international business. Also, a comprehensive new empirical survey was conducted in order to capture new trends in this rapidly developing field. The result is a ?must have? resource for anyone having to deal with potential conflict in international business relationships."--Publisher's website.

Download or read book Costs in Arbitration Proceedings written by Michael O'Reilly and published by Taylor & Francis. This book was released on 2020-10-28 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This revised text provides a practical guide to the law relating to all aspects of costs in arbitration proceedings. The Arbitration Act 1996, has made significant changes to the law on arbitration costs. These have, among other things, made arbitrators responsible for the cost-effective management of cases, and given them new powers to help them achieve this. In its second edition, "Costs in Arbitration Proceedings" has been updated to include sections on: agreements as to costs; the arbitrator's power to limit costs; and forms and precedents. It sets out the law of costs for the parties and of the parties, the arbitrators' fees, taxation of costs, and security for costs, costs implications of offers of settlement and application to the court in repect of costs. It is suitable for professional arbitration lawyers and also for the new or lay arbitrator.

Download or read book Resolving Disputes written by Jay Folberg and published by . This book was released on 2005 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resolving Disputes: Theory, Practice, and Law is an ideal and up-to-date text For The new generation of practice-oriented dispute resolution courses. This lively new book captures a lawyer's perspective on resolving disputes effectively and prepares your students to represent clients effectively in all forms of alternative dispute resolution. This timely and teachable text: presents class-tested material designed For The survey course, with sections on negotiation, mediation, arbitration, and hybrid designs integrates theory with strategies, ethics, And The law emphasizes practice applications and useful approaches focuses on the lawyer's perspective; the negotiation section highlights professional negotiation as an agent for clients, while the mediation and arbitration sections stress the role of the representational lawyer includes examples drawn from headline cases, literature, and lawyers' experiences, adding To The realism and relevance of the text excerpts the most important and recent articles and cases draws on the authorsiquest; extensive experience and from their key roles with major dispute resolution provider organizations as well as their many years of teaching, training, and practicing ADR A complete Teacher's Manual helps instructors prepare for class with: detailed syllabi comprehensive teaching notes provocative discussion points tested exercises and role-plays linked To The text DVD/video coordinated with the text and role-plays (available to adopters) If you want to convey more than the basics and prepare your students for successful, enlightened practice, turn to Resolving Disputes: Theory, Practice, and Law For The most current and most realistic exploration of ADR.

Download or read book International Commercial Arbitration in New York written by James H. Carter and published by Oxford University Press. This book was released on 2013 with total page 725 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Commercial Arbitration in New York focuses on the distinctive aspects of international arbitration in New York. Serving as an essential strategic guide, this book allows practitioners to represent clients more effectively in cases where New York is implicated as either the place of arbitration or evidence or assets are located in New York. Each chapter elucidates a vital topic, including the existing New York legal landscape, drafting considerations for clauses designating New York as the place of arbitration, and material and advice on selecting arbitrators. The book also covers a series of topics at the intersection of arbitral process and the New York courts, including jurisdiction, enforcing arbitration agreements, and obtaining preliminary relief and discovery. Class action arbitration, challenging and enforcing arbitral awards, and biographical materials on New York-based international arbitrators is also included, making this a comprehensive, valuable resource for practitioners.