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Business Law Monographs, Volume L4--Using Arbitration in Commercial Disputes

Assists counsel in determining whether arbitration is in the best interest ...
Publisher: Matthew Bender
Frequency: (1 issues)
Print Book
$341.00
In Stock
ISBN: 9780820523903
Publisher: Matthew Bender
Frequency: (1 issues)
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Assists counsel in determining whether arbitration is in the best interest of the corporation. Offers guidance on arbitration agreements and their enforceability, pre-hearing procedures, conducting the arbitration, Arbitral awards, international arbitrations, and consumer disputes.

Business Law Monographs, Using Arbitration in Commercial Disputes, contrasts the alternative dispute resolution methods of commercial arbitration and mediation, and compares each to judicial resolution of disputes, to assist counsel in deciding which dispute resolution model is in the corporation's best interest.

Should mediation be favored, this Monograph offers practical guidance on drafting mediation clauses in contracts, selecting a mediator, drafting a mediation agreement, and preparing for and participating in the mediation session. In addition, the Monograph reviews the Proposed Uniform Mediation Law as it deals with confidentiality of the mediation process, and enforceability of agreements to mediate as well as mediated settlement agreements.

Should arbitration be favored, the Monograph offers detailed guidance on drafting the arbitration agreement. Then, after explaining the enforceability of arbitration agreements, the Monograph offers practical guidance on how an arbitration should be commenced and conducted, and how the award can be enforced, modified, or vacated. This Monograph also addresses the pros and cons of international arbitration, and contrasts it with domestic arbitration.

With discussions regarding the pros and cons of mediation and arbitration, elements of the ADR process and drafting tips, Business Law Monographs, Using Arbitration in Commercial Disputes, reflects current, relevant law of today's most popular types of alternate dispute resolution.

Table of Contents

Division I TEXT 

Chapter 1 Preliminary Considerations in Deciding Whether to Mediate or Arbitrate

Chapter 2 Getting to Mediation

Chapter 3 Selecting the Mediator and Setting Ground Rules

Chapter 4 The Mediation Process

Chapter 5 Legal Concerns and the Proposed Uniform Mediation Law

Chapter 6 Drafting the Arbitration Agreement

Chapter 7 Enforcing the Arbitration Agreement and Related Matters

Chapter 8 Commencing the Arbitration

Chapter 9 Pre-Hearing Procedures

Chapter 10 Conduct of the Arbitration

Chapter 11 The Arbitral Award

Chapter 12 International Arbitration

Division II FORMS

Form L4-1 Dispute Resolution Clause Preamble

Form L4-2 Mediation Clause: Long Form

Form L4-3 Mediation Clause with Designated Neutral: Long Form

Form L4-4 Pre-Dispute Mediation Clause

Form L4-5 Mediation then Arbitration Clause: Abbreviated Form

Form L4-6 Optional Clauses to Protect Rights: Provisional Remedies

Form L4-7 Optional Clauses to Protect Rights: Tolling Statute of Limitations

Form L4-8 Optional Clauses to Protect Rights: Parties' Performance to Continue During ADR

Form L4-9 Optional Clauses to Protect Rights: No Waiver of Right to Terminate Contract

Form L4-10 Submission Agreement for Existing Dispute

Form L4-11 Model Agreement for Parties and Mediators

Form L4-12 Mediation Clause for Commercial Disputes

Form L4-13 Request for Mediation Pursuant to Mediation Clause

Form L4-14 Standard ADR Clause for Mediation

Form L4-15 Standard ADR Clause for Mediation Followed by Arbitration

Form L4-16 Dispute Resolution Clause

Form L4-17 Letter to Opposing Counsel Proposing Mediation

Form L4-18 Agreement to Mediate and Rules for Mediation

Form L4-19 Recommended Arbitration Clause, Inter-American Commercial Arbitration Commission

Form L4-20 UNCITRAL Model Arbitration Clause

Form L4-21 Securities Industry Conference on Arbitration Uniform Submission Agreement

Form L4-22 American Arbitration Association

Form L4-23 Commercial Arbitration Rules

Form L4-24 Completed Demand Form, Based on A.A.A. Commercial Arbitration Rules, With New York Preclusion Notice

Form L4-25 Answer to a Demand for Arbitration

Form L4-26 Application to Arbitrators for Preliminary Relief

Form L4-27 Affidavit in Support of Application to Arbitrators for Preliminary Relief

Form L4-28 Order of Arbitrators Granting Preliminary Relief

Form L4-29 Award of Arbitrator

Form L4-30 Award of Arbitrators: Short Form

Form L4-31 A.A.A. Suggested Arbitration Clause--Use of A.A.A. as Appointing Authority and Administrator Under UNCITRAL Rules

Form L4-32 A.A.A. Suggested Arbitration Clause--Use of A.A.A. as Appointing Authority, Without Administrative Services, Under UNCITRAL Rules

Division III SOURCE MATERIALS

Item L4-i1 CPR Institute for Dispute Resolution

Item L4-i2 American Arbitration Association Commercial Mediation Rules

Item L4-i3 Commercial Arbitration and Mediation Center for the Americas Mediation Rules

Item L4-i4 American Arbitration Association Commercial Arbitration Rules

Item L4-i5 The Uniform Arbitration Act

Item L4-i6 New York Arbitration Statute

Item L4-i7 The United States Arbitration Act

Item L4-i8 Code of Ethics for Arbitrators in Commercial Disputes

Item L4-i9 UNCITRAL Arbitration Rules

Item L4-i10 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards

Item L4-i11 Model Dispute Resolution Provisions For Use in Commercial Agreements Between Parties with Equal Bargaining Power