This greatly updated and expanded version of a 1996 classic - in its time, the first major study on the practice of international business dispute resolution - is a new book in itself. Benefitting from a comprehensive empirical survey of new trends in the field, and from discussions of the newest tools for making settlement negotiations more effective, the second edition is a "must have" resource for anyone dealing with a potential conflict in international business relationships.
The authors' analysis is rooted in the experience of over 100 top practitioners from 17 countries, distilling the conduct of over 3000 international commercial arbitrations and mediations. The book's in-depth coverage includes such key considerations as the following:
process, legal framework, and transaction costs of international commercial arbitrations; practical techniques to integrate mediation and arbitration in international business; conflict and negotiation theory as a conceptual basis for mediation and other alternative dispute resolution techniques; guidelines for the design of procedures for effective conflict management in international business; and statements and recommendations of numerous practitioners made during personal interviews.
An abundance of illustrative graphs, tables and practical checklists enhances the presentation throughout.
As a detailed analysis of how dispute resolution actually works in modern international business-with practical guidance on relevant techniques-this book will be of enormous value to corporate counsel and to international lawyers and business persons, as well as to scholars and students of dispute resolution.
Foreword to the Second Edition, Preface by the Authors, Abbreviations,
Introduction Part One: Challenges of Conflict Management Chapter 1 Need
for Conflict Management in International Business I. Globalization of
the World Economy II. Vulnerability of International Business Relations
III. Reduced Effectiveness of Contractual Planning IV. Problems of
Litigating International Disputes in National Courts V. Conclusion:
Need for Conflict Management Part Two: International Commercial Arbitration
Chapter 2 Background, Legal and Institutional Framework I.
Background II. Legal Framework of International Commercial Arbitration
Chapter 3 The Process of International Commercial Arbitration I.
Characteristic Features of the Process II. The “Typical” Sequence of an
International Arbitration III. The Cost Structure of International
Arbitration IV. Recent Trends in International Commercial Arbitration
V. Conclusion Chapter 4 Two Surveys on Arbitration and Settlement
I. Design of the Surveys II. Summary of Most Relevant Findings
III. Conclusion to Part Two Part Three: Alternatives to Arbitration
Chapter 5 Conflict and Negotiation Theory as a Conceptual Framework for
Conflict Management I. Conflict II. Negotiation III.
Conflict Management in Context IV. Conclusion Chapter 6
Alternative Dispute Resolution Techniques I. Business ADR in the United
States II. Common Features of “Alternative” Techniques
III. Mediation – the Prototype of ADR-Procedures IV. Other
ADR Techniques and Combinations V. Conclusion: Strengths and Weaknesses
of ADR Procedures Chapter 7 Tools and Techniques to support Business
Mediation I. Mind Mapping II. Litigation Risk Analysis III.
Brainstorming Chapter 8 The Legal Framework for (International) ADR
I. Model Conciliation and Mediation Procedures II. Legal Issues
Arising out of International ADR III. Integrating ADR into Arbitration
Framework IV. Conclusion Part Four: Synthesis Chapter 9
Designing Procedures for Effective Conflict Management I. The
Arbitrator’s Dilemma II. Strategies of Integrating the Processes
III. A Dynamic Approach to Dispute Resolution Process Design Part Five:
Conclusion Appendix 1: List of Individuals Appendix 2: List of
Institutions Bibliography, Index