Global Arbitration, Mediation, Negotiation & Conflict Resolution

Getting to Yes offers a proven, step-by-step strategy for coming to mutually acceptable agreements in every sort of conflict. Thoroughly updated and revised, it offers readers a straight- forward, universally applicable method for negotiating personal and professional disputes without getting angry-or getting taken.

This workbook is designed for basic mediation training. Authors Scott Hughes, Mark Bennett, and Michele Hermann take NITA's performance-based training for trial lawyers and adapt it to training for mediators. The authors have used these materials extensively in their mediation training classes at law schools and in programs open to the public.
The Art of Mediation, Second Edition, sets the mediation process in context, provides basic definitions, contrasts mediation with other forms of dispute resolution, describes varieties of mediation, and lays out roles and functions of the mediators. The book contains forms that illustrate sample agreements to mediate and final mediation agreements, plus a section containing hypothetical situations for performance training.

Discusses general arbitration law--from federal preemption of state law to the formation, performance, and enforcement of arbitration agreements--and provides in-depth coverage of specialized law governing international arbitration and labor arbitration. The last few decades have witnessed the growth of a large body of legal doctrine--from statutes, judicial decisions, and other sources--focused on arbitration. This Concise Hornbook summarizes that body of law, so should be useful to lawyers and scholars researching arbitration law and to students learning about arbitration.

This title provides a comprehensive, yet concise examination of the primary aspects of mediation practice. In doing so, the book considers the legal, philosophical, policy and practical issues surrounding mediation use. Matters include issues such as levels of participation in mediation, enforceability of mediated agreements, regulation of practice including ethical issues, and a survey of the specialized applications of mediation. The extent and limits of confidentiality are examined along with consideration of the Uniform Mediation Act. Each chapter also contains an extensive bibliography and listing of the leading cases in each subject area.

Provides a clear and reliable statement of the law and concepts central to ADR (arbitration, negotiation, mediation, and other processes). Its thorough coverage of arbitration law renders this challenging and rapidly-changing body of statutes and case law accessible to the student or lawyer. The chapters on negotiation and mediation treat the subjects from the perspectives of theory, practice, and legal doctrine.

One of the standout features of this casebook is the section dedicated to the professional qualifications and responsibilities of dispute resolution professionals. Additionally, the appendix offers a variety of role-play exercises designed to provide practical experience in mediation, arbitration, and negotiation.

Addresses freedom of contract, federal preemption, and universal arbitrability. It conveys a thorough sense of the relevant case law and applicable rules. It describes the unique features of the various forms of arbitration and covers the current debate about arbitration.
Contents
Terms and concepts -- The central themes of American arbitration law -- The Federal Arbitration Act -- Overview of the arbitration cases -- Inarbitrability on the basis of subject matter -- Adhesive arbitration in consumer transactions -- Workplace arbitration -- Award enforcement -- International commercial arbitration (ICA) in the United States -- Arbitration and global commerce.

Provides depth, analysis, citations and related documents. It can be used in connection with any international dispute settlement course book. This title 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 Law and Practice of United States Arbitration is a comprehensive treatise about the development and practice of arbitration law in the United States. It addresses in detail the recourse to arbitration in domestic matters -- employment, labor, consumer transactions, and business -- and its use in the resolution of international commercial claims. It covers all of the major subject areas in the field and provides practical advice as well as an easy-to-read, clear discussion of the relevant case law. It represents a masterful synthesis of the entire body of arbitration law. It discusses basic concepts and doctrines, the FAA, freedom of contract in arbitration, arbitrability, the enforcement of awards, the use of arbitration in consumer and employment matters, institutional arbitration, and the drafting of arbitration agreements. It speaks of the federalization of the law and growing judicial objections to the use of adhesionary arbitration agreements in the consumer context.

Covering both domestic and foreign commercial arbitration, Domke on Commercial Arbitration includes references to federal statutes and arbitration rules and caselaw. It encompasses:
• Alternative dispute resolution
• Statutes and rules
• Arbitration agreement
• Initiating arbitration
• The arbitrator
• Arbitrability
• Court's jurisdiction and directives
• Pre-hearing matters
• Evidence
• Hearing
• Award
• Re-opening or re-hearing
• Modifying or correcting award
• Confirming and enforcing award and agreement
• Intrastate enforcement of award
• Enforcement of agreements, awards and judgments in international transactions
• Enforcement of foreign awards in the U.S. and enforcement abroad of U.S. awards and judgments
This easy-to-use guide contains arbitration and litigation forms, checklists, illustrated examples and procedural outlines, American Arbitration Association rules, customs, practice tips, and procedures.

Arbitration is strongly favored by the courts, and judicial review of arbitration awards is much more limited than review of trial court decisions. It is important for students to understand the arbitration process because it virtually always results in a final and binding award.
This casebook focuses primarily on contract-based, binding commercial arbitration. "Commercial" includes employment disputes and arbitration between grievance arbitration pursuant to a collective bargaining agreement. Finally, a chapter is devoted to arbitration at the behest of the government, including court-annexed arbitration, that is not based on party assent.

Two-volume loose-leaf is divided into five key parts and looks at arbitration agreements, the different types of arbitrators and how they are appointed, arbitration proceedings, the Award itself, and judicial control. Contains all recent case law arising from the Arbitration Act 1996, and provides a UK and international viewpoint on cases. Considers the impact of the Civil Procedure Rules on UK arbitration practice and procedure and analyses all important international conventions (UNCITRAL Model Law, New York Convention) and EU measures (Council Regulation 44/2001, Lugano and Rome Conventions).

The Definitive Encyclopedia and Comprehensive Reference Work of International Arbitration Law and Practice. Includes:
• Detailed Commentary and Analysis on Legislation from More than 100 Countries
• The Rules of Procedure of More than 100 International and National Arbitral Institutions and theLeading International Arbitration Treaties and Agreements
• Commentary and Analysis by More than 100 Internationally Renowned Experts from leading Law Firms, Arbitration Institutions and Universities all around the World on arbitration law and practice, Major International Treaties and the Rules and Practice of Major Domestic and International Institutions

As one of the most important international organisations in the sphere of international trade law, UNCITRAL aims to further the progressive unification of the law of international trade. This comprehensive Companion delineates the range of issues considered at UNCITRAL, as well as assessing the potential for future work and reforms. Split into four key thematic sections, the book starts by providing an institutional background to UNCITRAL, before moving on to discuss the topic of dispute resolution, including contributions on international arbitration, mediation, and online dispute resolution. Further chapters then explore key topics in international contract law, especially relating to the United Nations Convention on Contracts for the International Sale of Goods. The final section of the Companion consists of chapters on a variety of matters considered at UNCITRAL, namely, micro, small and medium-sized businesses; insolvency; secured transactions; negotiable instruments; public procurement; electronic commerce and transport law. A diverse selection of contributors from a variety of legal backgrounds come together to present the past, present and future prospects of UNCITRAL instrument.

This third edition of the first comprehensive commentary on the Swiss Rules of International Arbitration covers the new version of these rules which entered into force on June 1, 2021. It is a practical guide for counsel, arbitrators, state courts and persons involved in the administration of arbitral proceedings under the Swiss Rules. This commentary presents the new version of the Swiss Rules from a double perspective. On the one hand, it emphasizes the relationship between these Rules and the Swiss legal regime governing international arbitration, namely the provisions of chapter 12 of the Swiss Private International Law Statute. On the other hand, it puts these Rules in an international perspective by comparing them with the UNCITRAL Arbitration Rules 2010 and corresponding provisions of other major institutional rules (ICC, LCIA, SCC, DIS, VIAC, SIAC, HKIAC, AAA/ICDR) and with the provisions of the former edition of the rules. This book is written by arbitration practitioners based in Switzerland working with law firms with a long-lasting and wide experience in international commercial arbitration. It represents the field-tested work of an experienced generation of Swiss arbitration specialists. One of the editors was a member of the working group for the revision of the Swiss Rules and thus had special insight into the revision process.

Provides the full text of laws from over 50 countries in English and in the original language text (if not an English speaking country). Commentaries on every country are analytical, extensive and practical. Provides background information, model clauses, and bibliographies.

Discusses the arbitration laws of over 50 different countries

This book serves as an introduction, following the chronology of an arbitration from the drafting of the arbitration agreement right through to the enforcement of the arbitral award. Written by an author team with extensive experience as counsel and abitrators, the book has been read and cited by international lawyers, arbitrators, and judges, and has become a key learning text for teachers, students, and potential arbitrators in colleges and universities across the world.

For many years the importance of international commercial arbitration has grown steadily. This is indicated by the increasing number of disputes submitted to arbitration, by the importance of the average case as measured by the amount of money in dispute, and by the range of countries involved. International contracts may give rise to differences, and arbitration is frequently resorted to for their solution.

Mr. Born’s authoritative 4,000-page treatise, in three volumes, provides the most comprehensive available commentary on all aspects of the international commercial arbitration process. International Commercial Arbitration has been widely cited by leading national courts and has been critically acclaimed as the leading commentary in the field. This work is updated online annually.

The Third Edition contains 27 chapters, which comprehensively examine the law and practice of international commercial arbitration, authoritatively discussing all leading international conventions, national arbitration statutes and institutional arbitration rules. The treatise focuses on both international instruments (particularly the New York and Inter-American Conventions) and national law provisions in all leading jurisdictions (including the UNCITRAL Model Law on International Commercial Arbitration).

This concise but enormously useful volume offers practitioners the information and advice they need to overcome this obstacle in the best possible way every time. The Author covers all the relevant avenues of research and practice, from an overview of the concept of provisional measures to an in-depth analysis of the weight and enforceability of such measures. The presentation examines, compares, and analyses seventy sets of arbitration rules on provisional measures (including the arbitration rules of the ICC, AAA, and LCIA), all of the major state laws on commercial arbitration, and detailed analyses of numerous ICC and AAA awards, most of which have not been published before. This new and fully researched book fulfils and important need for user-friendly and complete practical coverage of provisional measures in international commercial arbitration.

Comprehensive and authoritative coverage of the basic principles and legal doctrines, and the practice, of international arbitration. The book contains a systematic, but concise, treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The Third Edition has been comprehensively updated to include recent legislative amendments, judicial decisions and arbitral awards. Among other things, the book provides a detailed treatment of the New York Convention, the UNCITRAL Model Law on International Commercial Arbitration, all leading institutional arbitration rules (including ICC, SIAC, LCIA, AAA and others), the ICSID Convention and ICSID Arbitration Rules, and judicial decisions from leading jurisdictions.

The book emphasizes on introducing the fundamental legal principles and customary practices in international arbitration.

Exponential growth in international commercial arbitration sources, as well as their diversity and international nature can leave those interested in this area confused. This is the first practical and portable guide to the strategies, as well as the sources, associated with researching international commercial arbitration.

A Time-Tested, Global Resource for Dispute Settlement
This five-volume set provides you with laws, rules, international treaties and agreements—as well as regional conventions—that dictate procedure in this dynamic area of the law. All of the materials contained in this comprehensive set are translated into English and organized according to jurisdiction for easy access.

A comprehensive collection of ICC rules with commentary:
Arbitration Optional conciliation Appointing authority Adoption of contracts: Rules, standard clauses and application to standing committee Rules of technical expertise Pre-arbitral referee procedure Force majeure and hardship.
112 jurisdictions and 113 national arbitration organizations covered: The arbitral process from arbitration initiation and choice of venue to enforcement of the award for 112 jurisdictions and 113 arbitral institutions and associations is found in this one comprehensive source.
Supporting documents and aids: Rules relating to the arbitration of commodity, financial and maritime matters are included
23 multilateral international conventions and instruments.
21 regional conventions and instruments.
Arbitration associations’ rules and enactments Charters, agreements, model clauses, rules, regulations, and protocols.