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Dispute avoidance isnotgenerally on the mind ofbusinessesand their in-house legal counseluntila disputehits. Thisbookdeals with theprevention ofdisputes and their settlement through two specific methods: Dispute Boards and Expert Determination. These two methodsareoften used by the international business community to reduce the riskof being involved in long and complex factual disputes. Thirteen international experts share theirknowledge and their experience on theimpactof applicable law, contract law issues, proceduralissuesand the relationship between Expert Determination or Dispute Boards on the one hand and litigation and arbitration on the other. Specific topics dealt within thebook include the challenges of Expert Determination in M&A transactions, Expert Determination by Accounting firms including real-life examplesas wellas the 2015ICC DisputeBoard Rules, the settlement ofdisputes including under the FIDIC formsof contract and recent case law on DisputeBoards.
The potential of Alternative Dispute Resolution in different types of dispute is being increasingly investigated. This text discusses references to experts as a major method of resolving disputes. Chapters cover such topics as land, shares in private companies, enforcing the decision and tactics.
A guide to the appropriate options available for resolving disputes, such as adjudication, arbitration, conciliation, dispute boards, expert determination, litigation, mediation, neutral evaluation, etc. The book carries out a thorough explanation of each of these mechanisms, how each operates, and practical considerations as to how each of these mechanisms may be appropriate, the key differences between the various dispute resolution mechanisms and why a party may need to adopt a particular method are also explored.
Construction Dispute Resolution Handbook explains procedures that will avoid disputes arising and provides step-by-step advice to reaching a satisfactory resolution of any disputes that do occur. There are seven forms of construction dispute resolution in regular use - arbitration, adjudication, litigation, mediation, dispute boards, expert determination and early neutral evaluation - the differences between these are explained with practical help and guidance on making effective use of the whole range of procedures available when a dispute arises. This handbook provides lawyers, engineers and other construction professionals with guidance on formulating a strategy to minimise the time and costs expended on getting a decision or settlement, with the ultimate aim of resolving a dispute satisfactorily and benefitting clients. Model arbitration notices, adjudication referral notices, mediation papers, pleadings and other useful documents and checklists, as well as addresses for key bodies, and information on how to get internet access to legal cases are included. Written for both the practitioner and the student, in an easy-to-read style that gives straightforward accounts of how to deal with construction disputes at all stages
Many construction conflicts and disputes are not limited to particular jurisdictions or cultures, but are increasingly becoming common across the industry worldwide. This book is an invaluable guide to international construction law, written by a team of experts and focusing on the following national systems: Australia, Canada, China, England and Wales, Estonia, Hong Kong, Iraq, Ireland, Italy, Japan, Malaysia, the Netherlands, Oman, Portugal, Quebec, Romania, Scotland, Sweden, Switzerland, and the USA. The book provides a consistent and rigorous analysis of each national system as well as the necessary tools for managing conflict and resolving disputes on construction projects.
This book analyses the contractual mechanisms requiring parties to exhaust a selected amicable dispute resolution procedure before proceedings in court or arbitration are initiated. It briefly explains the phenomenon of integrated dispute resolution, outlines ADR methods commonly used in multi-tiered clauses and presents the overview of standard clauses published by various ADR providers and professional bodies. The core of the analysis is devoted to the enforceability of multi-tiered clauses under the legal systems of England and Wales, Germany, France and Switzerland. It is essential reading for practitioners and academics working in this area.
Several decades ago, a typical arbitration would involve one claimant against one respondent. Over the years, more and more cases involve several claimants against several respondents. Today, one third of all international ICC arbitrations seem to involve multiparty cases, multi-contract cases involving multiple contracts, multiple parties. The evolution has continued and the debate today is whether it would be possible for a class of people in the same situation or a group of citizens having the same interest to start one single arbitration procedure as a group or as a class. This publication examines the complex issues involved in class or group arbitration on a comparative law basis. Is there a place for such proceedings within the framework of the arbitration process? Class action procedures, as developed in the United States court system and more recently in Canada, are almost nonexistent in Europe. The European Commission has advocated collective redress as an important means of access to justice but class actions have found little enthusiasm in the Members States. The book highlights the lessons which have been learned from the experience of cases in the US and in Europe. What does the future hold for class, collective and mass arbitrations? Are they a marginal phenomenon or has their potential yet to be realized? What are possible solutions to the issues that have been encountered? Can we expect to see more of such arbitrations in the future? Written by arbitrators, academics and practitioners, this Dossier will provide the answers to these questions and many more.
Analyses how conflicts on construction projects all too often escalate into costly and drawn-out disputes. It identifies strategies that parties can employ to ensure that conflicts are used to generate positive solutions to problems rather than escalating those problems into disputes. Gerber and Ong, Monash University.
Please note that the content of this book primarily consists of articles available from Wikipedia or other free sources online. Pages: 89. Chapters: Mediation, Negotiation, Conciliation, Lawsuit, Online dispute resolution, Alternative dispute resolution, Organizational conflict, Search for Common Ground, Conflict resolution, Dispute settlement in the World Trade Organization, Protracted social conflict, George W. Taylor, Cyrus S. Ching, Cost of conflict, 1999-2002 FARC-Government peace process, Marc Gopin, Mediation in Australia, Khap, Jerusalem-Project, Ombudsman for Banking Services and Investments, Centre for Effective Dispute Resolution, Credit ombudsman service, Best alternative to a negotiated agreement, Negotiation theory, Lawburrows, Suitable age and discretion, Program on Negotiation, Lawrence Brahm, Intervention, Dispute Mechanism, Complaint system, Organizational ombudsman, Polder Model, Dispute board, Participatory justice, Teen courts, Jirga, Lok Adalat, JAMS, Fair fighting, Party-directed mediation, Thomas Kilmann Conflict Mode Instrument, National Arbitration and Mediation, Peacemaking, Peninsula Conflict Resolution Center, Muslim Arbitration Tribunal, Dispute Settlement Body, Party participation in the mediation process, Special referee, Win-win game, National Mediation Training Registry, Family mediation, Adat, Healing the Divide, Dispute Systems Design, Spaak method, Community Boards, Memorandum of agreement, Preventive diplomacy, Kraybill Conflict Style Inventory, Newton hearing, Conflict management style, Program on Intrastate Conflict and Conflict Resolution, California Academy of Distinguished Neutrals, Civil Mediation Council, Gunnysacking, Expert determination, Two-level game theory, Dispute pyramid, Negotiated order, Watching brief, Public Advocate. Excerpt: Mediation, as used in law, is a form of alternative dispute resolution (ADR), is a way of resolving disputes between two or more parties. A third party, the mediator, assists the par...
Commerce is inherently complex and the sums of money involved can be astronomical, so it is no surprise that conflicts and disputes are all too common. There are numerous techniques designed to resolve these problems, and this book summarizes the most important of these, as well as alternative dispute resolution methods. The reader seeking a deeper understanding of these procedures will also find clear explanations of the principles and methods for conflict management, such as negotiation, risk management, mediation and conciliation. As well as outlining these different techniques, guidance on which approach is appropriate in common situations is also given, helping the reader apply what they have learned to the real world. The significance of cultural issues is explained, before the reader is presented with suggestions for how to take these into account. Throughout, the book is illustrated with case studies from examples as diverse as Mumbai's DabbaWalla, The First World War and Terminal 5 at London Heathrow. Written with undergraduate students in mind, this book also serves to give a neat and brief overview for professionals. Those studying or working in commerce generally, construction project management, construction management, and construction law will find this to be an invaluable book.