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ADR in Business: Practice and Issues Across Countries and Cultures Volume I

Edited by: Jean-Claude Goldsmith, Gerald H. Pointon, Arnold Ingen-Housz

ISBN13: 9789041125842
ISBN: 9041125841
Published: December 2006
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardcover
Price: £182.00

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The purpose of this book is precisely to look at ADR on its own terms as a way of resolving business disputes, particularly at the international level. Drawing upon diverse approaches, ADR experts from a variety of countries explore the situations to which ADR lends itself and the different permutations it offers to allow each dispute to be handled in the manner most fitting to the circumstances. The contributors also show how ADR serves such important considerations as the interests involved, the need to avoid a public display of differences, and the wish to anticipate problems.

By throwing new light on the achievements of ADR and the possibilities it offers, this book will help to situate ADR amongst the panoply of dispute resolution methods now available to the international business community. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute which has arisen, will find expert guidance here when deciding which method of resolution to adopt, or whether a combination of procedures would be appropriate.

Academics will discover a very useful volume which not only deals with many of the issues raised by ADR, in particular its relationship with arbitration, but also provides material for comparative study of how these issues have been approached and treated until now in various regions of the world, cultures and backgrounds

Arbitration and Alternative Dispute Resolution
Preface.Jean-Claude Goldsmith.;Editor's Note.
Foreword. Robert Britner.; Foreword. Pierre Tercier.
Foreword. Lord Mustill.
Part I. ADR in International Business.
Chapter 1 ADR and Business. Carita Wallgren.
Chapter 2 Reasons for Choosing Alternative Dispute Resolution. Jean-François Guillemin.;
Chapter 3 Ambit and Potential of the Green Services in the ICC Dispute Resolution System. Arnold Ingen-Housz.
Part II. ADR, DB and the ICC.
Chapter 4 ADR under the ICC ADR Rules. Peter M. Wolrich.
Chapter 5 An Efficient Dispute Management Tool. The Dispute Board and the ICC DB Rules. Pierre M. Genton.
Part III. ADR and the Law.
Chapter 6 Legal Issues Raised by ADR. Charles Jarrosson.
Part IV. ADR as Practiced across Countries.
Chapter 7 ADR in the United Sates – A Practical Guide. Elpidio Villareal.
Chapter 8 ADR in East Asia. Michael Hwang S. C., Long Seng Onn, Yeo Chuan Tat.;
Chapter 9 Better Dispute Resolution – The Development and Practice of Mediation in the United Kingdom Between 1995 and 2005. Michael Kallipetis, Stephen Ruttle .
Chapter 10 The Belgian Law on Mediation. Herman Verbist.
Part V. ADR across Cultures.;
Chapter 11 Cultural Diversity and ADR Practices in the World. Nabil N. Antaki.