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Author: American Arbitration Association Publisher: Juris Publishing, Inc. ISBN: 1933833483 Category : Arbitration and award, International Languages : en Pages : 492
Book Description
Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook contains valuable guidance on international commercial arbitration, including the management of arbitration disputes, how to select an international arbitral institution, an explanation of the effect of international public policy, the duties of arbitrators, the presentation and evaluation of evidence in international arbitration, and how to arbitrate against a state sovereign. The enforcement of international arbitral awards is explored, including interim relief and problems with enforcement, the New York Convention, parallel proceedings, and pivotal decisions such as Chromalloy and TermoRio. International mediation is also examined, including guidelines for selecting the best mediator for an international dispute, the power of mediation to resolve international commercial disputes, and the differences in U.S. and European approaches. Lastly, the section on investment and trade arbitration and mediation explores bilateral investment treaties, examines WTO arbitration procedures, offers advice on saving time and money in cross-border commercial disputes, and provides guidance for U.S. investors to follow in dealing with sovereign states. The chapters in the Handbook were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
Author: American Arbitration Association Publisher: Juris Publishing, Inc. ISBN: 1933833483 Category : Arbitration and award, International Languages : en Pages : 492
Book Description
Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook contains valuable guidance on international commercial arbitration, including the management of arbitration disputes, how to select an international arbitral institution, an explanation of the effect of international public policy, the duties of arbitrators, the presentation and evaluation of evidence in international arbitration, and how to arbitrate against a state sovereign. The enforcement of international arbitral awards is explored, including interim relief and problems with enforcement, the New York Convention, parallel proceedings, and pivotal decisions such as Chromalloy and TermoRio. International mediation is also examined, including guidelines for selecting the best mediator for an international dispute, the power of mediation to resolve international commercial disputes, and the differences in U.S. and European approaches. Lastly, the section on investment and trade arbitration and mediation explores bilateral investment treaties, examines WTO arbitration procedures, offers advice on saving time and money in cross-border commercial disputes, and provides guidance for U.S. investors to follow in dealing with sovereign states. The chapters in the Handbook were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
Author: Publisher: Juris Publishing, Inc. ISBN: 1929446977 Category : Business & Economics Languages : en Pages : 416
Book Description
ADR & the Law is the flagship publication of the American Arbitration Association ® (AAA). It is a one-stop reference for attorneys, business executives, scholars and anyone who needs to track worldwide developments in alternative dispute resolution. Each consecutive volume presents a review of the year's most influential domestic and international ADR case law and legislation, along with expert commentary. The book includes significant court decisions, analysis of current trends, highlights of important domestic and foreign legislation and new ADR rules and procedures. Each volume is an essential addition to a professional library. Each Volume Contains: Significant Decisions by Federal and State Courts Articles on Such Topics as Employment Labor Mediation Judicial Review Domestic Alternative Dispute Resolution Legislation Significant Decisions by U.S. Courts Concerning International Alternative Dispute Resolution International Alternative Dispute Resolution Developments International Arbitration in Specific Countries
Author: American Arbitration Association Publisher: Juris Publishing, Inc. ISBN: 1933833548 Category : Arbitration and award Languages : en Pages : 560
Book Description
Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary , been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. This work begins with a general introduction to employment ADR, discussing such topics as where plaintiffs can better vindicate their rights, general employment law strategies, how to assess workplace disputes and conflicts, and options for resolution. Employers are offered valuable advice on how to implement a successful employment arbitration program, with real-life examples to work from. Mediation of employment conflicts and employment arbitration are explored and a comparison of the two is provided, including with respect to statutory employment conflicts. Topics include respectfulness in the workplace, bullying, racial and cultural conflicts, sexual harassment, Disabilities Act disputes, airline disputes, weight discrimination, and discrimination based on marriage and pregnancy. Lastly, this book takes a look at the U.S. Supreme Court decision 14 Penn Plaza LLC v. Pyett, where the Court clarified and reaffirmed the use of mandatory arbitration for resolution of workplace disputes. The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
Author: Laura J. Cooper Publisher: West Academic Publishing ISBN: Category : Business & Economics Languages : en Pages : 984
Book Description
Arbitration, mediation, and other forms of alternative dispute resolution now have largely replaced litigation as the means of resolving all kinds of employment disputes in a variety of workplaces. These dispute resolution processes fundamentally alter the advocate s role and even the definition of employee legal rights. Disputes involving unionized workers have been resolved in arbitration for more than fifty years, but increasingly the process is being adapted to address the statutory and common law rights of nonunion employees. Issues such as employment discrimination that earlier would have been litigated are often now resolved in mediation. This textbook uses essays, arbitration awards, and court decisions to bring to the classroom the reality of contemporary workplace decision-making. It comprehensively addresses the substance and procedure for arbitration, mediation, and other dispute resolution mechanisms. The employment arbitration materials, in particular,
Author: American Arbitration Association Publisher: Juris Publishing, Inc. ISBN: 1933833513 Category : Arbitration and award Languages : en Pages : 554
Book Description
Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with chapters on specific strategies and tools to help manage risks and avoid disputes in the construction field. It discusses ADR as it relates to subcontracting and labor disputes, the use of a neutral architect, the importance of site visits, and the significance of understanding ADR procedures before agreeing to them. The option of using mediation to resolve disputes is explored, including guidelines and tools for successful mediation, the expert’s role in construction mediation, and what works and what doesn’t work in construction disputes. The use of arbitration is also looked at in depth and guidance is provided for both the arbitrator and for the advocate. There is an entire section devoted to partnering (the creation of a working relationship between a building owner and a contractor which further involves subcontractors, design professionals, and other agencies), discussing its benefits and providing useful tips. Lastly, advice is provided for both small and complex construction claims, and the use of Dispute Review Boards (comprising panels of three technically qualified neutral individuals). The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
Author: American Arbitration Association Publisher: Juris Publishing, Inc. ISBN: 1933833475 Category : Law Languages : en Pages : 428
Book Description
The AAA Handbook on Arbitration Practice assembles from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - and other sources the latest thinking on arbitration and dispute resolution. All chapters, where necessary, have been revised and updated by the authors to insure that they represent the most current developments in law and practice. The Handbook is a succinct, comprehensive and a practical introduction to the use of arbitration, written by leading practitioners and scholars, it provides essential orientation and is a "must" for anyone with an interest in the field - from the seasoned to the neophyte. The AAA Handbook on Arbitration Practice brings to the arbitration and dispute resolution professional the latest thinking on arbitration from world-renowned specialists in the field. The chapters in this work were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and dispute resolution practice. All the major facets of the field are addressed. The chapters provide the reader with comprehensive and accurate information, lucid evaluations, and useful practical guidance. They not only acquaint, but also ground the reader in the field.
Author: American Arbitration Association Publisher: Juris Publishing, Inc. ISBN: 1929446861 Category : Business & Economics Languages : en Pages : 408
Book Description
ADR & the Law is the flagship publication of the American Arbitration Association ® (AAA). It is a one-stop reference for attorneys, business executives, scholars and anyone who needs to track worldwide developments in alternative dispute resolution. Each consecutive volume presents a review of the year's most influential domestic and international ADR case law and legislation, along with expert commentary. The book includes significant court decisions, analysis of current trends, highlights of important domestic and foreign legislation and new ADR rules and procedures. Each volume is an essential addition to a professional library. Each Volume Contains: Significant Decisions by Federal and State Courts Articles on Such Topics as Employment Labor Mediation Judicial Review Domestic Alternative Dispute Resolution Legislation Significant Decisions by U.S. Courts Concerning International Alternative Dispute Resolution International Alternative Dispute Resolution Developments International Arbitration in Specific Countries
Author: American Arbitration Association Publisher: Juris Publishing, Inc. ISBN: 1933833521 Category : Arbitration and award Languages : en Pages : 632
Book Description
Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with an exploration of drafting commercial arbitration clauses and provides advice on selecting the right arbitrator for any given commercial arbitration dispute. It supplies practitioners with guidelines for use in their arbitration practice and covers such topics as evidence and discovery, arbitral subpoena powers, procedural and interim orders. It also offers guidance on witness preparation, expert testimony, and cross-examination. There are chapters that specifically address the arbitration of large complex cases, healthcare disputes, and entertainment industry disputes. Arbitrators are provided with recommendations regarding professional conduct and responsibility. Arbitral awards and remedies are covered extensively and arbitrators are provided with practical approaches and information on drafting awards, punitive damages, the finality of awards and, post-decision debriefing. Lastly, this book discusses commercial arbitration as it relates to the legal system. The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
Author: Jean-Claude Goldsmith Publisher: Kluwer Law International B.V. ISBN: 904113414X Category : Law Languages : en Pages : 690
Book Description
Whether the andAand stands for andappropriateand, andamicableand, or andalternativeand, all out of court dispute resolution modes, collected under the banner term andADRand, aim to assist the business world in overcoming relational differences in a truly manageable way. The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents. As a result, in this book twenty-nine andintertwined but variegatedand essays (to use the editorands characterization) provide substantial insight in such specific topics as: ADRands flexible procedures as controlled by the parties; ADRands facilitation of the continuation of relations between the parties; privilege and confidentiality; involvement of non-legal professionals; the identity and the role of the andneutraland as well as the role of the arbitrator; the implementation of ICC and other international ADR rules; the workings of Dispute Boards and the role of ADR in securing investment and other specific objectives. In its compound thesis and growing in relevance every day and that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.
Author: American Arbitration Association Publisher: Juris Publishing, Inc. ISBN: 193383353X Category : Law Languages : en Pages : 358
Book Description
The AAA Handbook on Labor Arbitration – 2nd Edition begins with chapters on specific issues related to labor arbitration, including an analysis of factors present in challenged and vacated arbitration awards, job discrimination claims under collective bargaining agreements, and ambiguities in labor contracts. The practitioner is provided with information regarding labor arbitration procedures, including a discussion of the rules of evidence, grievance processing, public policy exceptions to labor arbitration awards, and Weingarten rights in the non-union workplace. Among the topics discussed are what arbitrators should know about arbitral immunity, suggestions for labor arbitration advocates, award writing, and how unions can improve their success rate in labor arbitrations. Lastly, this book addresses judicial review of labor arbitrations. Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with chapters on specific issues related to labor arbitration, including an analysis of factors present in challenged and vacated arbitration awards, job discrimination claims under collective bargaining agreements, and ambiguities in labor contracts. The practitioner is provided with information regarding labor arbitration procedures, including a discussion of the rules of evidence, grievance processing, public policy exceptions to labor arbitration awards, and Weingarten rights in the non-union workplace. Among the topics discussed are what arbitrators should know about arbitral immunity, suggestions for labor arbitration advocates, award writing, and how unions can improve their success rate in labor arbitrations. Lastly, this book addresses judicial review of labor arbitrations. The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
Author: American Arbitration Association
Author: American Arbitration Association
Author: 
Author: American Arbitration Association
Author: Laura J. Cooper
Author: American Arbitration Association
Author: American Arbitration Association
Author: American Arbitration Association
Author: American Arbitration Association
Author: Jean-Claude Goldsmith
Author: American Arbitration Association