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