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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Arbitration Process: Special Issue

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ISBN13: 9789041198617
ISBN: 904119861X
Published: February 2002
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £135.00

This volume deals with various aspects of the arbitration process. Some of the areas covered include the appointment of arbitrators, the points to be borne in mind by arbitrators during the conduct of arbitral proceedings, the evidentiary procedures involved in arbitration and the advantages and disadvantages of arbitration when pitted against conventional litigation. Crucial to any successful arbitration is good preparation, in particular the setting down in an arbitral agreement of the intentions of the parties with regard to any future disputes that may arise between them. Ideally, the parties should agree, inter alia, upon the type of arbitration, the choice of law, the situs and the number and appointment of arbitrators. The appointment of the arbitrators is a very important consideration in the conduct of an arbitration procedure. First, one must decide whether a sole arbitrator or a panel of three or more arbitrators is preferable in the specific circumstances, taking into account such criteria as cost, time, complexity of the issue, and the experience of the arbitrators.;These points also, of course, have a bearing upon whether one chooses to arbitrate in the first place or whether litigation would be a more suitable route. Various factors in making these decisions are discussed in detail by the authors in this volume, and guidance is provided for those involved in the arbitration process.

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Mediation and arbitration for now and the future, R.S. Haydock; drafting and enforceable arbitration agreement, R.D. Fischer, R.S. Haydock; law to be applied in international arbitration, L. Barrington; how to select an arbitrator, L.B. Buchman
party-appointed versus list-appointed arbitrators, C. Maeijer, E. Somsen; lawyers versus non-lawyers and one versus three arbitrators, W. Peter; use of experts in international arbitration, A. Foyle; value of pre-hearing conferences and items to be covered, N.G. Bunni; pre-hearing techniques to promote speed and cost-effectiveness, J.J. Coe Jr; submitting and presenting evidence, M. Rubino-Sammartano; presenting evidence and arguments in an international arbitration, J.M. Arnott; exchanges of documents and depositions in international arbitration, J.W. Hinckey, E.T. Baer; duty of the tribunal to render an enforceable award, G.J. Horvath; enforcing arbitration awards and important conventions, L. Leservoisier; grounds for refusal to enforce foreign arbitration awards, N. Wouters; sanctions for defying an order of interim relief, G.A. Smith, T.P. Wilson; arbitration to resolve international insurance and surety claims, K.L. Frazier.