Now also available as
Optimising the outcome of disputes connected with international business forms
the subject matter of this book. Rather than adopt an idealised approach of
pursuing victories at any cost, the authors help parties predict the realistic
consequences (and costs) of their decisions and provide a step-by-step guide
to opportunities to influence the course of a dispute as it unfolds in its
various stages. They discuss techniques for productively resolving disputes
through negotiation, mediation, and arbitration, frequently illustrating
critical steps through real-world examples drawn from past experiences.
The book is intended as an easily accessible desktop resource for lawyers who
regularly counsel businesses when negotiating international deals, and for
those who represent the same clients in achieving a successful resolution when
The text is divided into chapters that follow the life cycle of an
international commercial dispute as seen through the eyes of the parties, from
when they agree how to resolve disputes in their contracts to the endgame of
enforcement. Additionally, the appendices include a number of model
submissions for further reference. The practical guidance includes:
• How to determine which dispute resolution clauses work best for different
international contracts, and how to negotiate those clauses;
• What preliminary steps parties should consider to preserve their rights when
a dispute arises;
• Whether and how to appoint counsel;
• When and how to perform an early case assessment (ECA);
• How to organise and conduct international mediations and arbitration
• How to enforce (or set aside) arbitral awards; and
• Securing the benefit of additional protections available through investment
Introduction. 1. The Elements of an International Dispute Resolution
Agreement. 2. Negotiating an International Dispute Resolution
Agreement. 3. When the Dispute Arises. 4. International Settlement
Negotiation and Mediation. 5. The Conduct of the Arbitration. 6.
After the Arbitration: Challenge, Recognition and Enforcement of the Award.
7. ICSID and Investment Treaty Arbitration. Appendices: 1.
Glossary of International Arbitration Terms and Abbreviations. 2.
Caseload of Selected Arbitral Institutions. 3. List of International
Arbitration and Mediation Institutions, Rules, Laws, Conventions and Other
Instruments. 4. Model Clauses for Institutional Arbitration. 5
. Model Clause for Ad Hoc Arbitration. 6. Model Early Case Assessment
(ECA) Template. 7. Suggested Model Request for Arbitration for ICC
Arbitration. 8. Model Answer to Request for Arbitration [and
Counterclaim] in an ICC Arbitration. 9. Suggested Terms of Reference
for ICC Arbitration. 10. Suggested Model Provisional Timetable for ICC
Arbitration. 11. Suggested Model Request to Produce Documents in ICC
Arbitration. 12. Suggested Privileged Log for an ICC Arbitration.
13. Suggested Model ‘Redfern Schedule’ for an ICC Arbitration.
14. Bibliography. 15. Netherlands Model Bilateral Investment
Treaty. 16. United States Model Bilateral Investment Treaty.