Private Dispute Resolution in International Business: Negotiation, Mediation, Arbitration, Volume 1

Front Cover
Kluwer Law International, 2006 - Law - 811 pages
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Private Dispute Resolution in International Business consists of two
books and an interactive DVDRom.
Volume I follows the progress of a dispute between two companies, in
step-by-step detail, through negotiation, mediation, and arbitration in turn.
Volume II provides precise, informed solutions to the problems raised in the
first volume's case study.
The DVDRom contains:
* all contracts and other written documentation produced during the dispute
including all procedural orders and awards rendered by the arbitral tribunal
during the arbitration,
* the text of legal materials such as arbitration laws and rules and
international conventions,
* and further learning and teaching aids but also almost 100 videos
dramatising the negotiation, mediation, and arbitration proceedings described
in the book
* Subtitles in the videos refer the viewer to paragraphs in the books where
each relevant legal problem is analysed. In addition, an internet home page
provides regular updates.
 

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Contents

The Contract
3
The Dispute
15
Developing Strategies
57
The Negotiations in The Hague Morning Session
73
The Negotiations in The Hague Afternoon Session
95
Mediation
109
The Proposal to Mediate Getting to the Table
111
The Mediation Phase 1 The Mediators Opening Statement and Conclusion of the Negotiation Agreement
153
The Commencement of the Arbitration
291
The Administration of the Statement of Claim by the German Institution of Arbitration DIS
349
The Respondents Reaction
361
Constitution of the Tribunal
369
Challenge of the Tribunals Jurisdiction
381
Interim Measures of Protection
413
Request for Postponement and Change of Identity
427
Challenge of Arbitrator
439

The Mediation Phase 2 The Parties Opening Presentations
175
The Mediation Phase 2 Identifying Issues and Interests
183
The Mediation Phase 3 Fixing the Agenda and Gathering Information
195
The Mediation Phase 4 Generating Options for Settlement of the AX100 Special Dispute Group I Issues and Bargaining
227
The Mediation Phase 4 Restructuring the Future Business Relationship between NedTrans and ALT Group II Issues
255
The Mediation Phase 4 Mr Jaeggis Limits of Authority
265
The Mediation Phase 5 Signing of the Settlement Agreement and Termination of the Mediation
273
Revocation of the Settlement Agreement From Interests to Positions
277
Arbitration
289
The First Day of the Hearing The Legal Issues I
463
The First Day of the Hearing The Legal Issues II
495
The Second Day of the Hearing Taking of Evidence
515
Deliberation of the Tribunal and Rendering of the Award
539
Enforcement of the Award
591
Bibliography
601
Subject Index
627
Copyright

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