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Vol 21 No 10 Oct/Nov 2016

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AAA Handbook on International Arbitration Practice 2nd ed


ISBN13: 9781937518806
Previous Edition ISBN: 9781933833491
To be Published: January 2017
Publisher: Juris Publishing
Country of Publication: USA
Format: Hardback
Price: £80.00



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.

Subjects:
Arbitration and Dispute Resolution
Contents:
Foreword

PART I: Issues in Arbitration Practice and Procedure

Chapter 1
Where Should You Litigate Your Business Dispute?
In an Arbitration or Through the Courts?
John H. Henn
Chapter 2
Keeping Arbitration Easy, Efficient, Economical
and User Friendly
Louis L. C. Chang
Chapter 3
Creating an Economical and Efficient Arbitration Process Is
Everyone's Business
Kent B. Scott and Adam T. Mow
Chapter 4
What Parties Might Be Giving Up and Gaining When
Deciding Not to Litigate: A Comparison of Litigation,
Arbitration and Mediation
Donald L. Carper and John B. LaRocco
Chapter 5
Major Arbitration Issues Recently Addressed by Courts
Scott D. Marrs and Sean P. Milligan

PART II: Key Ingredients for a Better Arbitration

Chapter 6
You Control the Process v. the Process Controls You
John Arrastia, Jr.
Chapter 7
Telling the Story: Integrating Witnesses, Experts, and
Documents into a Cohesive Narrative in Arbitration
Evan Slavitt
Chapter 8
Developing a Case Theory and a Case Theme
Jay E. Grenig and Rocco M. Scanza
Chapter 9
Top 20 Mistakes Attorneys Make in Arbitration and
How to Avoid Them
Judith B. Ittig and Harold Coleman, Jr.
Chapter 10
A Preliminary Hearing Is Not Enough: Tips for a
Well-Managed Arbitration
Michael Chambers
Chapter 11
Thirty Steps to a Better Arbitration
Judith B. Ittig and Michael J. Bayard

PART III: Arbitrator Selection and Conduct

Chapter 12
Due Diligence in Arbitrator Selection: Using Interviews
and Written "Voir Dire"
Jeffrey P. Aiken
Chapter 13
Selecting the Ideal Arbitrator
Charles J. Moxley, Jr.
Chapter 14
An Arbitrator's Wish List
Stanley Weinstein
Chapter 15
Why Not Provide for Neutral Party-Appointed Arbitrators?
Robert D. Taichert
Chapter 16
The Stoic Arbitrator v. the Activist Arbitrator-
A Solution
Jeffrey Aiken
Chapter 17
Chairing an Arbitration
Judith B. Ittig and Michael J. Bayard
Chapter 18
Muscular Arbitration and Arbitrators Self-Management
Can Make Arbitration Faster and More Economical
Mitchell Marinello and Robert Matlin
Chapter 19
Calling All Arbitrators: Reclaim Control of the
Arbitration Process - the Courts Let You
David E. Robbins
Chapter 20
Attorney Arbitrators Should Research Law: Permisson
of the Parties to Do so Is Not Required
M. Ross Shulmister

PART IV: Arbitration Procedure

Chapter 21
The Enforceability of Class Action Waivers in
Arbitration Clauses
Thomas W. H. Barlow
Chapter 22
An Update on Multijurisdictional Practice and ADR
Bruce E. Meyerson
Chapter 23
The Use of Dispositive Motions in Arbitration
Alfred G. Ferris and W. Lee Biddle
Chapter 24
Improving Arbitration Through Technology:
A Quest for Basic Principles
Thomas D. Halket

PART V: Discovery and Evidence in Arbitration

Chapter 25
Organizing Documents for Arbitration
Leslie Trager
Chapter 26
E-Discovery Issues: What Parties and Their Counsel
Need to Know in Anticipation of and During Arbitration
Steven C. Bennett
Chapter 27
Electronic Discovery in Arbitration: Privilege Issues and
Spoliation of Evidence
Irene C. Warshauer
Chapter 28
Waiver of Privilege under Federal Evidence Rule 502
and Arbitration Proceedings
Angela Foster
Chapter 29
The Use of Subpoenas in Arbitration
Leslie Trager
Chapter 30
Enforcing Arbitral Subpoenas: Reconsidering Federal
Question Jurisdiction Under FAA Section 7
Charles E. Harris II
Chapter 31
Using Experts in Arbitration
George Ruttinger, Joe Meadows, and April Ham
Chapter 32
Resenting Witness Testimony in U.S. Domestic
Arbitration: Should Written Witness Statements
Become the Norm?
Raymond G. Bender
Chapter 33
Discovery in Commercial Arbitration:
How Arbitrators Think
Charles J. Moxley, Jr.
Chapter 34
The Development of Remedial Power: Arbitrators'
Ability to Award Monetary Sanctions
Philip D. O'Neill, Jr.

PART VI: Ethics in Arbitration Practice

Chapter 35
2004. Code of Ethics for Commercial Arbitrators Explained
Bruce E. Meyerson and John M. Townsend
Chapter 36
Must Arbitrators Investigate in Connection with Their
Disclosures? Some Courts Open the Door to Evident
Partiality Attacks
Bethany L. Appleby
Chapter 37
Delaying Tactics in Arbitration
Alain Frécon
Chapter 38
Who Is Responsible for Ethical Behavior by Counsel in
Arbitration?
Steven C. Bennett
Chapter 39
An Arbitrator's Authority to Award Attorney Fees for
Bad-Faith Arbitration
John W. Hinchey and Thomas V. Burch

PART VII: Damages, Judicial Review and Enforcement of
Arbitration Awards

Chapter 40
The Punitive Damages Remedy: Lessons for Drafters of
Arbitration Agreements
Michael D. Nolan and Andrew M. Leblanc
Chapter 41
No Pay No Play: How to Solve the Non-Paying Party
Problem in Arbitration
Richard J. DeWitt and Richard J. DeWitt, III
Chapter 42
Prevailing Parties and Attorneys' Fees
Stephen P. Gilbert
Chapter 43
Enforceability of Religious Arbitration Agreements
and Awards
Steven C. Bennett
Chapter 44
Supreme Court Addresses Volt's Choice-of-Law Trap:
Is the End of the Problem in Sight?
Archis A. Parasharami and Kevin Ranlett

Index