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Arbitration and Mediation in International Business.
2006
U 12 BUH.A
Available at WIPO Library
Items
Details
Title
Arbitration and Mediation in International Business.
Edition
Second Revised Edition
Description
xix, 309 pages : illustrations ; 25 cm.
ISBN
9789041122568 Print
Alternate Call Number
U 12 BUH.A
Summary
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. As a detailed analysis of how dispute resolution actually works in modern international business-with practical guidance on relevant techniques-this book will be of enormous value to corporate counsel and to international lawyers and business persons, as well as to scholars and students of dispute resolution.
Bibliography, etc. Note
Includes bibliographical references (pages 283-303) and index.
Formatted Contents Note
Foreword to the Second Edition,
Preface by the Authors,
Abbreviations,
Introduction
Part One: Challenges of Conflict Management
Chapter 1. Need for Conflict Management in International Business
I. Globalization of the World Economy
II. Vulnerability of International Business Relations
III. Reduced Effectiveness of Contractual Planning
IV. Problems of Litigating International Disputes in National Courts
V. Conclusion: Need for Conflict Management
Part Two: International Commercial Arbitration
Chapter 2. Background, Legal and Institutional Framework
I. Background
II. Legal Framework of International Commercial Arbitration
Chapter 3. The Process of International Commercial Arbitration
I. Characteristic Features of the Process
II. The “Typical” Sequence of an International Arbitration
III. The Cost Structure of International Arbitration
IV. Recent Trends in International Commercial Arbitration
V. Conclusion
Chapter 4. Two Surveys on Arbitration and Settlement
I. Design of the Surveys
II. Summary of Most Relevant Findings
III. Conclusion to Part Two
Part Three: Alternatives to Arbitration
Chapter 5. Conflict and Negotiation Theory as a Conceptual Framework for Conflict Management
I. Conflict
II. Negotiation
III. Conflict Management in Context
IV. Conclusion
Chapter 6. Alternative Dispute Resolution Techniques
I. Business ADR in the United States
II. Common Features of “Alternative” Techniques
III. Mediation – the Prototype of ADR-Procedures
IV. Other ADR Techniques and Combinations V. Conclusion: Strengths and Weaknesses of ADR Procedures
Chapter 7. Tools and Techniques to support Business Mediation
I. Mind Mapping
II. Litigation Risk Analysis
III. Brainstorming
Chapter 8. The Legal Framework for (International) ADR
I. Model Conciliation and Mediation Procedures
II. Legal Issues Arising out of International ADR
III. Integrating ADR into Arbitration Framework
IV. Conclusion Part Four: Synthesis
Chapter 9. Designing Procedures for Effective Conflict Management
I. The Arbitrator’s Dilemma
II. Strategies of Integrating the Processes
III. A Dynamic Approach to Dispute Resolution Process Design
Part Five: Conclusion
Appendix 1: List of Individuals
Appendix 2: List of Institutions
Bibliography,
Index
Preface by the Authors,
Abbreviations,
Introduction
Part One: Challenges of Conflict Management
Chapter 1. Need for Conflict Management in International Business
I. Globalization of the World Economy
II. Vulnerability of International Business Relations
III. Reduced Effectiveness of Contractual Planning
IV. Problems of Litigating International Disputes in National Courts
V. Conclusion: Need for Conflict Management
Part Two: International Commercial Arbitration
Chapter 2. Background, Legal and Institutional Framework
I. Background
II. Legal Framework of International Commercial Arbitration
Chapter 3. The Process of International Commercial Arbitration
I. Characteristic Features of the Process
II. The “Typical” Sequence of an International Arbitration
III. The Cost Structure of International Arbitration
IV. Recent Trends in International Commercial Arbitration
V. Conclusion
Chapter 4. Two Surveys on Arbitration and Settlement
I. Design of the Surveys
II. Summary of Most Relevant Findings
III. Conclusion to Part Two
Part Three: Alternatives to Arbitration
Chapter 5. Conflict and Negotiation Theory as a Conceptual Framework for Conflict Management
I. Conflict
II. Negotiation
III. Conflict Management in Context
IV. Conclusion
Chapter 6. Alternative Dispute Resolution Techniques
I. Business ADR in the United States
II. Common Features of “Alternative” Techniques
III. Mediation – the Prototype of ADR-Procedures
IV. Other ADR Techniques and Combinations V. Conclusion: Strengths and Weaknesses of ADR Procedures
Chapter 7. Tools and Techniques to support Business Mediation
I. Mind Mapping
II. Litigation Risk Analysis
III. Brainstorming
Chapter 8. The Legal Framework for (International) ADR
I. Model Conciliation and Mediation Procedures
II. Legal Issues Arising out of International ADR
III. Integrating ADR into Arbitration Framework
IV. Conclusion Part Four: Synthesis
Chapter 9. Designing Procedures for Effective Conflict Management
I. The Arbitrator’s Dilemma
II. Strategies of Integrating the Processes
III. A Dynamic Approach to Dispute Resolution Process Design
Part Five: Conclusion
Appendix 1: List of Individuals
Appendix 2: List of Institutions
Bibliography,
Index
Published
Alphen aan den Rijn, the Netherlands : Kluwer Law International, 2006.
Language
English
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