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This book provides an overview of Alternative Dispute Resolution.
Twenty-first century lawyers practice law in a global village. They represent clients in negotiations for oil concession leases. They attend international treaty negotiations on behalf of sovereign states and environmental NGOs. They act as mediators in international child custody disputes and arbitrators for title to artworks displaced in war. They search the world for the right forum to bring claims for human rights violations, piracy prosecutions, and intellectual property protection. The successful 21st century lawyer is prepared to practice international dispute resolution, and this book is designed to assist in that preparation. It is a comprehensive treatment of the full range of dispute resolution processes, including negotiation, mediation, inquiry, conciliation, arbitration, and adjudication. The second edition updates and expands the first edition. It includes additional materials on international commercial arbitration as well as recent decisions of the United States Supreme Court, the International Court of Justice and the International Centre for the Settlement of Investment Disputes. New problems have been added and reading lists have been revised. Despite the new additions, the book remains highly teachable in a two or three credit-hour format. The law book market has many titles on arbitration and transnational litigation. This is the only casebook, however, that introduces students to all of the dispute resolution mechanisms available internationally. Lawyers today need this information as much as they need the standard first year required course on civil procedure.
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. This important casebook is based on the leading commentary in the field—Born’s treatise, International Commercial Arbitration (Kluwer Law International, 3d ed. 2021). The casebook provides a comprehensive treatment of international commercial arbitration (focused on the New York Convention and UNCITRAL Model Law), while also offering comparative examples drawn from state-to-state and investment arbitration. An easy-to-use chronological structure follows the course of an international arbitration. Careful case excerpts allow instruction to focus on key stages of the arbitration, legal issues and practical aspects of international arbitration, while also providing opportunities for discussions of policy considerations. New to the Third Edition: Comprehensively updated through April 2021 to include: Legislative enactments, judicial decisions, arbitral awards, institutional rule amendments, and other developments Excerpts of, and notes on, GE Power v. Outokumpu Stainless, Enka v. Chubb, Halliburton v. Chubb, ASA Bioenergy v. Ometto, and recent arbitral awards Updates of all leading institutional arbitration rules Notes on ALI Restatement of the U.S. Law of International Commercial and Investor-State Arbitration Revisions to IBA Guidelines on Conflicts of Interest in International Arbitration, proposed UNCITRAL/ICSID Code of Conduct for Adjudicators in International Investment Disputes, and Prague Rules on Efficient Conduct of International Arbitration Proceedings Updated Notes with issues encountered in an international arbitration practice group, including in-person versus remote hearings, arbitrator selection, multi-party arbitrations, and costs Professors and student will benefit from: A text that is: Based on Gary Born’s treatise, International Commercial Arbitration, Third Edition, which is recognized as the leading treatise in the field and is routinely cited in decisions by the U.S., U.K., Canadian, Australian, Indian, and other Supreme Courts Thoroughly international, with materials focused on the New York Convention and Inter-American Convention, and the UNCITRAL Model Law Directed toward international commercial arbitration, while including chapters and materials on investment arbitration and state-to-state arbitration, which can be included with varying levels of emphasis: courses can focus largely on international commercial arbitration or, alternatively, treat all types of international arbitration equally Materials including judicial decisions and statutory materials drawn from all leading jurisdictions (European, Asian, Americas, etc.) and arbitral awards under all leading institutional and other rules A thorough treatment of international arbitration in the United States, under the Federal Arbitration Act Carefully edited excerpts of judicial decisions, awards, institutional arbitration rules, and other materials, to focus instruction and classroom discussion on key issues Notes and questions identify practical issues arising in international arbitration Experienced authors with 35 years of practice as counsel and arbitrator in international arbitrations and close involvement with leading international arbitral institutions Teaching materials Include: Teacher’s Manual Born’s Lectures (available separately, at limited cost, from Wolters Kluwer), together with PowerPoints
The book is a compilation which includes the major statutes affecting international commercial arbitration law.
This best-selling casebook has already helped thousands of students master the fundamentals of dispute resolution. With its broad, comprehensive coverage & direct, accessible approach, DISPUTE RESOLUTION: Negotiation, Mediation, & Other Processes, Third Edition, is ideally suited for use in the traditional ADR survey course. For each of the three main branches of alternative dispute resolution negotiation, mediation, & arbitration the authors: critically examine the branch & its "hybrid" offshoots present careful explanations giving students a solid foundation for future practice describe & analyze applications & their appropriate environments present hypothetical exercises that allow students to evaluate the technique Scrupulously updated for its Third Edition, DISPUTE RESOLUTION: Negotiation, Mediation, & Other Processes now offers: new social science findings on the effectiveness of mediation new coverage of mediation regulation a new section on mediation in the context of cultural differences more detailed treatment of ethics issue timely material on malpractice liability & non-union arbitration a new appendix providing a Research Guide to ADR new problems of the same high quality the book has always represented For the latest coverage of the most important issues in ADR, you can depend on Goldberg, Sander, & Rogers & their proven-effective casebook, which is accompanied by a solid Teacher's Manual.
This authoritative introduction to alternative dispute resolution includes the latest developments in a burgeoning area of practice. You'll find in-depth discussion of the various aspects of alternative dispute resolution, such as mediation; the role of ombudsmen; settlement; and due process, remedies, and judicial review. Case studies, case notes, and examples illustrate points under consideration. Thought-provoking questions hone students' legal reasoning and generate classroom discussions. Students get the benefit of the author's expert opinions, insight, and experience.
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 not only 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 books, conducted by highly experienced practitioners active in the field of international dispute resolution. 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. To summarise: ; The Case Study (Volume I) provides a realistic and highly practical approach to learning and teaching the law and practice of private dispute resolution in international business. The Handbook (Volume II) provides a comprehensive comparative study of the law of international dispute resolution. The DVDRom allows for a highly innovative, interactive teaching and learning experience, and provides a comprehensive collection of arbitration rules and other documentary material. The videos on the DVDRom clearly manifest the soft skills and advocacy skills required to successfully resolve international business disputes, including the unique opportunity to draw on-screen comparisons between the negotiation, mediation, and arbitration methods. With its concrete and highly practical approach, this innovative teaching and training tool for international dispute resolution will be of immeasurable value to students and teachers of dispute resolution, corporate counsel, international lawyers, and business people. DVD-ROM (put this in right column) The DVD-ROM has a large number of interactive teaching and learning features which you can use simultaneously with the books or separately. The main menu of the DVD contains seven buttons: ; 'Parties and Persons', 'Case Development', 'Documents and Events', 'Materials', ;'Videos', 'Soft Skills' and 'Links'. The button 'Parties and Persons' provides an overview of the 'actors' who appear in the video section of the DVD-ROM. Under the button 'Case Development' you will find an animated graphical Case Development which enables you to better understand the sequence of events in the first two Scenarios of the Case Study. This tool should therefore be used simultaneously with the Case Study. Under the button 'Documents and Events' you will find a chronological list of events for each Scenario, together with the relevant documents produced by the xvi Private Dispute Resolution in International Business - Handbook parties during the contract negotiations, the negotiations in the Hague, the mediation (fax messages, general contract conditions, etc.) and the arbitration (legal briefs, communications from the DIS Secretariat, orders of the Tribunal, awards, etc.) as pdf files. You should refer to these documents whenever the symbol'( )' indicates that the document is reproduced on the DVD. Under the button 'Materials'