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ICDR Awards and Commentaries Volume 2

Edited by: Grant Hanessian

ISBN13: 9781944825423
Published: October 2023
Publisher: Juris Publishing
Country of Publication: USA
Format: Hardback
Price: £150.00



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This is the second in a series of regular compilations of arbitration awards in cases administered by the International Centre for Dispute Resolution (ICDR) of the American Arbitration Association (AAA). The book features articles and commentaries by many leading figures in international arbitration and summaries of important court decisions concerning ICDR arbitration cases in the United States and enforcement of ICDR awards outside the United States.

The book also provides comprehensive articles on ICDR arbitration practice, as well as an appendix containing the ICDR Procedures, the ICDR's Guide to Drafting Dispute Resolution Clauses and the AAA-ICDR Model Order and Procedures for a Virtual Heaaring via Videoconference.

This is an invaluable and necessary work for all those who wish to better understand ICDR Awards and their relationship to arbitration law and practice.

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
CHAPTER 1: Articles on ICDR Arbitration
1. A Guide to ICDR Case Management
Luis Manuel Martinez
2. Comments on the Use of AAA/ICDR Arbitration Rules in Korea
Kay-Jannes Wegner and Daewoong Lee
3. Do Arbitrators Know the Law (and Should They Find it Themselves)?
Richard L. Mattiaccio and Steven Skulnik
4. Force Majeure and Tariffs: International Contracts under Stress
Carlos J. Bianchi
5. On Arbitration of Competition/Antitrust Disputes: a Tribute to Mitsubishi
Richard C. Levins
6. The Taking of Evidence in International Commercial Arbitration: a Compromise between Common Law and Civil Law
Clémence Prevot
7. Understanding the Culture Challenges of Representing Korean Parties in International Arbitration
Byung-Chol (B.C.) Yoon and Joel Richardson
8. Use of Experts in Arbitration: Alternative for Improved Efficiency
Steven C. Bennett

CHAPTER 2: ICDR Awards and Commentaries
1. ICDR Award No.
321-08, Commentary by John Fellas and Pavlos Petrovas
Arbitral tribunal drawing adverse inferences to reach its decision.
2. ICDR Award No.
309-09, Commentary by Derek Soller
Joinder of third-party beneficiaries in telecon case.
3. ICDR Award No.
532-10, Commentary by Caline Mouawad
Dispute between chemical companies arising from an agreement to exchange or “swap” products.
4. ICDR Award No.
657-10, Commentary by Laurence Shore and Liang-Ying Tan
Emergency arbitrator case, apparently first emergency arbitrator decision challenged in a U.S. court.
5. ICDR Award No.
265-11, Commentary by Richard L. Mattiaccio
Claimants allege breach of contractual obligations by selling and disclosing technology to Claimants’ competitor, in violation of Claimants’ exclusive rights.
6. ICDR Award No.
518-11, Commentary by Stephanie Cohen
Dispute over the termination of a licensing agreement including the Respondent’s disclosure of the Claimant’s proprietary technology and confidential information to third parties.

APPENDICES
1. ICDR International Arbitration Rules
2. ICDR’s Guide to Drafting Dispute Resolution Clauses