International Arbitration and Mediation - From the Professional's PerspectiveAn examination of the techniques or arbitration and mediation. |
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Sommario
International Arbitration | 23 |
FasterBetter Cheaper | 29 |
Mediation | 37 |
Introduction | 45 |
Experts | 51 |
IdentifyingPossible CulturalDifferences | 58 |
Influence on Arbitration | 64 |
Conclusion | 83 |
Putting | 171 |
Conclusion | 178 |
Inherent Tensions in International Arbitration Discovery | 179 |
Arbitrator Disclosure Obligations under 2004 IBA Guidelines | 185 |
Conclusion | 191 |
Confidentiality and Protection of Trade Secrets | 201 |
Choice of Institutional Rules | 209 |
Conclusion | 216 |
Remedies and Execution | 90 |
Effects of Arbitration | 93 |
ProceduralLaw | 99 |
Voiding Arbitration Agreement | 105 |
Short and Simple Arbitration Clauses 111 Additional Provisions | 112 |
Conclusion | 118 |
Position in the European Union and under Austrian Law | 126 |
United States AntiSuit Injunctions in the Arbitration Context | 133 |
Conclusion | 140 |
Interim Measures in Arbitration | 143 |
Preliminary Orders ex parte in Particular | 149 |
Interim Measures under ICC Arbitration Rules | 155 |
Risk of Conflicting Decisions and Exhaustion of the Remedy | 164 |
Investor and Third Parties | 222 |
Arbitral Award on Agreed Terms Tool for Enforcing Mediated | 229 |
Arbitral Awards on Agreed Terms 230 Conversion of a Mediated Settlement into an Arbitral Award on Agreed Terms 231 Enforceability under the ... | 235 |
Comparison of Arbitration and Mediation 239 Possibilities for Interaction between Arbitration and Mediation | 243 |
Mediation Techniques as an Advantage for Arbitrators | 250 |
Implications for Mediation Reform 255 Scope for Mediation Development outside LitigationArbitration | 256 |
IPRDisputes | 263 |
Introduction | 267 |
Conclusion | 274 |
International Commercial Arbitration as Just Institution | 281 |
Feelings of Justice in International Arbitration | 292 |
Conclusion | 299 |
Parole e frasi comuni
accepted accordance adopted agreed agreement American anti-suit injunctions appeal application appointed approach arbitral award arbitral proceedings arbitral tribunal arbitration agreement arbitration clause Arbitration Rules arise authority circumstances civil law claim common law concept conduct confidentiality considered contract Convention costs counsel countries court cultural decide decision determined developed disclose disclosure discovery dispute resolution documents effect enforcement English established European evidence example exist expectations facts feeling final foreign governing grant hearing important institutional interest interim measures interim relief international arbitration International Commercial Arbitration involved issues Italy judges judicial jurisdiction justice lawyers litigation matter means mediation Model objective particular parties person position possible practice present principles procedural protection question reasons reference regard relating relevant request resolve respect result settlement situation specific standards substantive tion United witness York