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Vol 21 No 11 Nov/Dec 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Practitioner's Handbook on International Arbitration and Mediation 3rd ed isbn 9781933833750

Practitioner's Handbook on International Arbitration and Mediation 2nd ed


ISBN13: 9781933833033
New Edition ISBN: 9781933833750
Published: September 2007
Publisher: Juris Publishing
Country of Publication: USA
Format: Hardback
Price: Out of print



The Practitioner’s Handbook on International Arbitration and Mediation, 2nd Ed is a unique work with each chapter written by a well-known practitioner and expert in the field. It covers in-depth all the most important facets of international arbitration and mediation. This Work is intended to make the reader into a better practitioner, whether as an arbitrator/mediator or as counsel appearing in an international arbitration or mediation. The chapters are designed to help you reach that goal as each chapter has been written with the understanding that you are looking for practical advice and guidance. Unlike many works with multiple authors, this work is not simply a collection of essays on a general subject. This book is a unified work with cross references among the chapters and a consistent format throughout.

The Work is divided into three parts:-

  • Part One contains a general discussion of international arbitration.
  • Part Two deals with international mediation. Each of these chapters is filled with Practitioner's Expert Commentary and Hints on the most important aspects of international arbitration and mediation.
  • Part Three is country specific. These chapters give you detailed, practical advice on how to conduct an international arbitration in that particular jurisdiction. As a result, chapters in Part Three are a bit more technical as the authors realized that the reader would need citations to and commentary on the local arbitration statutes and rules.
The CD ROM which accompanies this Work contains relevant original source material which is germane to the text. A review of the table of contents of the material contained on the CD ROM will acquaint you with the range of material covered.

Subjects:
Arbitration and Dispute Resolution
Contents:
TABLE OF CONTENTS;
PART ONE: ARBITRATION ;
Chapter I.1
INTRODUCTION: WHY ARBITRATE
by Andreas F. Lowenfeld
Chapter I.2
DRAFTING AN ENFORCEABLE ARBITRATION CLAUSE
by Daniel M. Kolkey and Richard Chernick
Chapter I.3
HOW TO COMMENCE AN INTERNATIONAL ARBITRATION
by Stephen R. Bond and Abby Cohen Smutny
Chapter I.4
SELECTING THE SITE FOR ARBITRATION
by James H. Carter
Chapter I.5
PROCEDURAL ISSUES TO CONSIDER
by David W. Rivkin
Chapter I.6
PRACTICAL CONSIDERATIONS FOR CONDUCTING THE HEARING
by John Tackaberry
Chapter I.7
THE AWARD
by Lucy Reed, Eric Schwartz and Jonathan Sutcliffe
Chapter I.8
ENFORCEMENT OF INTERNATIONAL ARBITRAL AWARDS UNDER THE NEW YORK CONVENTION
by Steven L. Smith
Chapter I.9
BECOMING AN INTERNATIONAL ARBITRATOR: QUALIFICATIONS, DISCLOSURES, CONDUCT, AND REMOVAL
by Richard M. Mosk and Tom Ginsburg ;
PART TWO: MEDIATION ;
Chapter II.1
INTERNATIONAL MEDIATION BASICS
by Robert B. Davidson
Chapter II.2
INITIATING AN INTERNATIONAL MEDIATION
by Robert B. Davidson
Chapter II.3
REPRESENTING CLIENTS IN MEDIATIONS
by Robert B. Davidson;
PART THREE: SELECTED COUNTRIES ;
Chapter III.1
CANADA
by Edward C. Chiasson
Chapter III.2
CHINA
by Peter S. Caldwell
Chapter III.3
HONG KONG
by Peter S. Caldwell
Chapter III.4
ENGLAND
by Arthur L. Marriott
Chapter III.5
FRANCE
by Philippe Sarrailhe
Chapter III.6
GERMANY
by Dr. Patricia Nacimiento
Chapter III.7
JAPAN
by Steven L. Smith and Scott Nonaka
Chapter III.8
SWEDEN
by Kaj Hober
Chapter III.9
SWITZERLAND
by Dr. Paolo Michele Patocchi;
TOPICS ON CD ROM;
Code of Conduct
The International Bar Association (IBA) Rules of Ethics for International Arbitrators.
The IBA Rules on Taking Evidence in International Commercial Arbitrations
American Arbitration Association (AAA) Code of Ethics for Arbitrators
AAA/ABA Model Standards for Mediators
CEDR Code of Conduct for Mediators
International Arbitration and Mediation Rules
ICC Mediation Rules
The International Centre for Settlement of Investment Disputes (ICSID)
Rules of Procedure for the Institution of Conciliation and Arbitration Proceedings (Institution Rules).
The London Court of International Arbitration (LCIA) Arbitration Rules.
UNICTRAL Arbitration Rules.
UNCITRAL Model Law on International Commercial Arbitration.
World Intellectual Property Organization (WIPO) Arbitration Rules.;
National Arbitration Laws ;
Canada
British Columbia Commercial Arbitration Act, R.S.B.C 1996, c.55
British Columbia International Commercial Arbitration Act, R.S.B.C.
1996, c.
233
British Columbia Foreign Arbitral Awards Act, R.S.B.C.
1996, c.
154
Ontario Arbitration Act, 1991
Ontario International Commercial Arbitration Act, R.S.O.
1990, c. I.9
China
Arbitration Law of the People’s Republic of China
England
Arbitration Act 1996 (of England).
France
Code of Civil Procedure Book Four. Arbitration (L’Arbitrage) (Decree No.
81-500 of May, 1981, J.O. May 14, 1981).
Germany
German Arbitration Law of 1998.
Book Ten of the Code of Civil Procedure
Hong Kong
Hong Kong Arbitration Ordinance Chapter 341
Japan
Arbitration Law (Law No.
138 of 2003)
Sweden
The Swedish Arbitration Act of 1999 (SFS 1999:116)
Switzerland
Swiss Private International Law Act of December 18, 1987
United States
The United States Arbitration Act (9 U.S.C).;
National Arbitration and Mediation Rules ;
Canada
ADR Chambers Arbitration Rules
ADR Chambers International Arbitration Rules
ADR Institute of Canada, Inc. National Arbitration Rules
BCICAC International Commercial Arbitration Rules of Procedure
CCAC General Commercial Arbitration Rules and Model Clause
CCAC International Arbitration Rules and Model Clause
China
Arbitration Rules of the Beijing Arbitration Commission (BAC)
China International Economic And Trade Arbitration Commission (CIETAC) Arbitration Rules
Germany
DIS Arbitration Rules 1998
Hong Kong
Hong Kong International Arbitration Centre (HKIAC) International Arbitration Rules
Japan
Japan Commercial Arbitration Association Commercial Arbitration (JCCA) Rules.
Sweden
International Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC).
Switzerland
Swiss Rules of International Arbitration (Swiss Rules)
United States
International Arbitration Rules of The International Center for Dispute Resolution/American Arbitration Association
International Institute for Conflict Prevention and Resolution Rules for Non-Administered Arbitration
International Treaties & Conventions
Convention on the Settlement of Investment Disputes Between States and Nationals of Other States.
Inter-American Convention on International Commercial Arbitration.
Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, June 10, 1958.