Case Preparation and Presentation: A Guide for Arbitration Advocates and Arbitrators

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Author :
Publisher : Juris Publishing, Inc.
ISBN 13 : 1937518191
Total Pages : 442 pages
Book Rating : 4.9/5 (375 download)

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Book Synopsis Case Preparation and Presentation: A Guide for Arbitration Advocates and Arbitrators by : Jay E. Grenig

Download or read book Case Preparation and Presentation: A Guide for Arbitration Advocates and Arbitrators written by Jay E. Grenig and published by Juris Publishing, Inc.. This book was released on 2013-06-01 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Publication of the American Arbitration Association and the Scheinman Institute on Conflict Resolution, Cornell University Arbitration advocates uniformly place great emphasis on case preparation. Case Preparation and Presentation: A Guide for Arbitration Advocates and Arbitrators can be used to help prepare parties and their advocates in a wide range of arbitration cases including labor, employment and commercial arbitrations and will provide lawyers and non-lawyers alike with the focus and direction to maximize their chances of obtaining a good result in arbitration. In this book readers will find coverage on the following topics: • Developing a case theory and case theme • Commencing the arbitration process • Selecting an arbitrator and scheduling the hearing • Evaluating and presenting evidence • Preparing for the arbitration hearing • Conducting the arbitration hearing • Making and responding to objections • Examination and cross-examination of witnesses

AAA Handbook on Commercial Arbitration

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Author :
Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833521
Total Pages : 632 pages
Book Rating : 4.9/5 (338 download)

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Book Synopsis AAA Handbook on Commercial Arbitration by : American Arbitration Association

Download or read book AAA Handbook on Commercial Arbitration written by American Arbitration Association and published by Juris Publishing, Inc.. This book was released on 2010-09-01 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with an exploration of drafting commercial arbitration clauses and provides advice on selecting the right arbitrator for any given commercial arbitration dispute. It supplies practitioners with guidelines for use in their arbitration practice and covers such topics as evidence and discovery, arbitral subpoena powers, procedural and interim orders. It also offers guidance on witness preparation, expert testimony, and cross-examination. There are chapters that specifically address the arbitration of large complex cases, healthcare disputes, and entertainment industry disputes. Arbitrators are provided with recommendations regarding professional conduct and responsibility. Arbitral awards and remedies are covered extensively and arbitrators are provided with practical approaches and information on drafting awards, punitive damages, the finality of awards and, post-decision debriefing. Lastly, this book discusses commercial arbitration as it relates to the legal system. The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.

Arbitration

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Publisher :
ISBN 13 : 9781531017583
Total Pages : 698 pages
Book Rating : 4.0/5 (175 download)

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Book Synopsis Arbitration by : MATTHEW H. ADLER

Download or read book Arbitration written by MATTHEW H. ADLER and published by . This book was released on 2021-08-09 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Arbitration/big Case

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Author :
Publisher :
ISBN 13 :
Total Pages : 170 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Arbitration/big Case by :

Download or read book Arbitration/big Case written by and published by . This book was released on 1985 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Arbitration of International Intellectual Property Disputes

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Publisher : Juris Publishing, Inc.
ISBN 13 : 193383367X
Total Pages : 652 pages
Book Rating : 4.9/5 (338 download)

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Book Synopsis Arbitration of International Intellectual Property Disputes by : Thomas D. Halket

Download or read book Arbitration of International Intellectual Property Disputes written by Thomas D. Halket and published by Juris Publishing, Inc.. This book was released on 2012-05-01 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Arbitration of International Intellectual Property Disputes, which is designed not only for arbitration counsel and arbitrators but also for in-house counsel and transactional lawyers, provides a thorough guide to the use of arbitration to resolve these disputes. Both practical as well as scholarly, it starts by exploring how and why arbitration can provide the best way to resolve these disputes and how to draft an effective arbitration provision. It then covers the principal unique issues which can arise in the arbitration itself, from choosing the tribunal through confidentiality, discovery, validity determinations, choice of law, provisional and final remedies and enforceability. With the world more and more dependent upon technology of all types, the continued and growing importance of intellectual property cannot be understated. There has been, and will continue to be, an accompanying explosion in the number and complexity of transactions in which intellectual property is a critical, if not the critical, element. Many of these transactions cross national boundaries; as do the disputes which inevitably arise from them. But international intellectual property disputes present complexities not encountered in either intellectual property disputes which are confined to one country or other international commercial disputes. The Arbitration of International Intellectual Property Disputes will serve as a handy reference and guide for navigating through the complex maze of intellectual property and arbitration.

Cases and Materials on Arbitration Law and Practice

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Author :
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 898 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Cases and Materials on Arbitration Law and Practice by : Thomas E. Carbonneau

Download or read book Cases and Materials on Arbitration Law and Practice written by Thomas E. Carbonneau and published by West Academic Publishing. This book was released on 2007 with total page 898 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recognized as the leading text on arbitration, Carbonneau's Cases and Materials reflects years of teaching arbitration at U.S. law schools and international law faculties, like McGill and Queen Mary College, London. The volume is a pioneering work. The Fourth Edition represents a complete make-over; it is clear, straightforward, and analytical. Coverage is comprehensive and cutting-edge: from the validity of agreements and awards to opt-in provisions, the action to clarify awards, and penalties for frivolous vacatur petitions. All forms of arbitration are treated. The materials explain basic concepts and emphasize the significance of contract freedom, arbitrability, and federal preemption.

Cases and Materials on Commercial Arbitration

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Author :
Publisher : Juris Juris
ISBN 13 :
Total Pages : 292 pages
Book Rating : 4.:/5 (44 download)

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Book Synopsis Cases and Materials on Commercial Arbitration by : Thomas E. Carbonneau

Download or read book Cases and Materials on Commercial Arbitration written by Thomas E. Carbonneau and published by Juris Juris. This book was released on 1998 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cases & Materials covers all essential aspects of the arbitral process & are divided between commentary & texts. The book accomplishes both an informational & analytical function. Cases & statutes are followed by extensive & rigorous evaluations. While focusing principally on domestic arbitration within the United States, the work does not ignore either the cross-border or the comparative dimensions of arbitral dispute resolution. The Materials address a number of procedural questions that have arisen in practice & emphasize, as critically important, the drafting of arbitration agreements & counseling on matters of arbitration. "The book begins with considerable attention to the theoretical basis for enforcing arbitration agreements & awards. In this connection, Carbonneau respects & explains the vital distinction between labor & commercial disputes better than many judges & scholars have done. Two chapters are spent on the important issue of how federalism affects arbitration law. An excellent chapter on arbitration & statutory rights takes the reader through the doctrinal evolution of "subject matter arbitrability," both in the traditional problems areas of securities & antitrust, & in the more current hot topics of age & sex discrimination in employment. Four chapters deal with international aspects of arbitration, including a look at arbitration law in several non-American jurisdictions, & an examination of treaty-created arbitration under NAFTA, the Iran Claims Tribunal & the Iraqi War Claims Commissions. The book's great strengths are twofold. First, its encyclopedic completeness misses no major case. Second, Professor Carbonneau devotes an almost loving attention to detail in his clear introductions & carefully weighed analytic comments & questions. With grace, elegance & style, Professor Carbonneau has put together a superb work on American arbitration law. His materials would be a bargain even at twice the price." William W. Park Professor of Law, Boston University Counsel, Ropes & Gray, Boston Vice President, London Court of International Arbitration "Tom Carbonneau's 'Cases & Materials on Commercial Arbitration' is a major contribution to the literature on arbitration. ... it contains not only excerpts of the most important U.S. cases on arbitration but also extensive commentary & analysis that will prove invaluable to practitioners, policy makers & academics who are already familiar with the field. The documentary supplement will also prove immensely valuable, particularly to those who are interested in international arbitration practice. Jean R. Sternlight Professor of Law, Florida State University Director of Education & Research, Florida Dispute Resolution Center.

Avoiding Litigation: the Large, Complex Case Dispute Resolution Program

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Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (285 download)

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Book Synopsis Avoiding Litigation: the Large, Complex Case Dispute Resolution Program by : American Arbitration Association. International Center for Dispute Resolution

Download or read book Avoiding Litigation: the Large, Complex Case Dispute Resolution Program written by American Arbitration Association. International Center for Dispute Resolution and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Challenge and Disqualification of Arbitrators in International Arbitration

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Author :
Publisher :
ISBN 13 : 9789041137999
Total Pages : 0 pages
Book Rating : 4.1/5 (379 download)

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Book Synopsis Challenge and Disqualification of Arbitrators in International Arbitration by : Karel Daele

Download or read book Challenge and Disqualification of Arbitrators in International Arbitration written by Karel Daele and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly researched study of the grounds and procedures involved in challenging an arbitrator, the author provides the first in-depth analysis of the pertinent rules, guidelines, and standards of all the major international arbitration tribunals, as well as relevant issues raised in national case law in the United States, France, England, Sweden and Switzerland. Among the matters addressed are the following: the arbitratorand’s duty to disclose and investigate conflicts of interest; the duty of the parties to investigate and inform the arbitrator of conflicts of interest; the formal and timing requirements of making a challenge; the challenge procedure and effect on the arbitral proceeding; the standard for disqualifying arbitrators; the consequences of a successful challenge; issues of independence giving raise to challenges, including multiple appointments, the arbitratorand’s relationship with a party/counsel in the arbitration and the relationship between the arbitratorand’s law firm and a party/counsel; issues of impartiality giving raise to challenges, including the membership of other tribunals, the conduct of the arbitration and the failure to disclose. In light of the continuing growth of international business and the manner in which it is conducted, this book will be of immeasurable practical value to parties in both business and government, as well as to international law firms and the arbitral community. As a detailed guide to evolving best practice and the general obligation to arbitrate in good faith, it has no peers.

AAA Handbook on Construction Arbitration and ADR - Second Edition

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Author :
Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833513
Total Pages : 554 pages
Book Rating : 4.9/5 (338 download)

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Book Synopsis AAA Handbook on Construction Arbitration and ADR - Second Edition by : American Arbitration Association

Download or read book AAA Handbook on Construction Arbitration and ADR - Second Edition written by American Arbitration Association and published by Juris Publishing, Inc.. This book was released on 2010-10-01 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with chapters on specific strategies and tools to help manage risks and avoid disputes in the construction field. It discusses ADR as it relates to subcontracting and labor disputes, the use of a neutral architect, the importance of site visits, and the significance of understanding ADR procedures before agreeing to them. The option of using mediation to resolve disputes is explored, including guidelines and tools for successful mediation, the expert’s role in construction mediation, and what works and what doesn’t work in construction disputes. The use of arbitration is also looked at in depth and guidance is provided for both the arbitrator and for the advocate. There is an entire section devoted to partnering (the creation of a working relationship between a building owner and a contractor which further involves subcontractors, design professionals, and other agencies), discussing its benefits and providing useful tips. Lastly, advice is provided for both small and complex construction claims, and the use of Dispute Review Boards (comprising panels of three technically qualified neutral individuals). The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.

Inside Arbitration

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Author :
Publisher : Wolters Kluwer Law & Business
ISBN 13 : 9781543821321
Total Pages : 0 pages
Book Rating : 4.8/5 (213 download)

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Book Synopsis Inside Arbitration by : Roger I. Abrams

Download or read book Inside Arbitration written by Roger I. Abrams and published by Wolters Kluwer Law & Business. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: During his 40 years as a labor arbitrator, Roger Abrams has been appointed to resolve over 2,500 disputes. This insightful and authoritative treatise, Inside Arbitration: How an Arbitrator Decides Labor and Employment Cases, tackles the topic of labor arbitration from the perspective of the arbitrator. Abrams reveals how the decision maker, the arbitrator, goes about actually deciding a case. Presented in Q&A format, Abrams shares extremely practical guidance on more than 450 real-world questions, such as: How does the typical labor arbitrator selection process operate? What types of disclosures by the arbitrator are appropriate to reveal conflict, bias, or predisposition? How does an arbitrator react to the conduct of the parties at the hearing? Is it ever appropriate to have contact with the arbitrator before the hearing? Does the arbitrator do anything differently with a really big case--for example, a case with potential exposure of over $1 million? What kind of documents will an arbitrator find useful? What do arbitrators want to hear in opening statements? What is the impact of opening statements? How do arbitrators prefer exhibits to be marked and offered into evidence? Has a party's brief ever persuaded an arbitrator to reach a different conclusion after the hearing itself has concluded? If so, what are some of the persuasive factors? How does the arbitrator determine what the appropriate remedy is? How does an arbitrator deal with ambiguity in contract language? What should an advocate do if he or she thinks arbitrators are generally wrong on a particular issue? Should the arbitrator, in rendering his or her award, address each and every legal argument put forward by each of the parties? If not, why not? How does an arbitrator stop an advocate from bullying witnesses? What challenges does the arbitrator face in an employment arbitration that might not be present in a labor arbitration? This treatise is designed for advocates and representatives with all levels of experience. It includes basic guidance on the arbitration process for the benefit of the many new advocates in the past several years, especially on the union side, as well as more advanced discussions on arbitration subtleties for the benefit of experienced representatives. Advocates for parties in arbitration need to know how arbitrators react to certain issues and behaviors. This incredible resource provides "from the trenches" insights based on the author's vast experience and involvement in deciding labor cases. While a great arbitration advocate may not know the particular arbitrator who will hear his or her case, the advocate should know how arbitrators approach hearings and the issues to be resolved. This volume thoroughly guides users through all the essential issues.

Arbitration/Big Case

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Author :
Publisher :
ISBN 13 :
Total Pages : 156 pages
Book Rating : 4.:/5 (18 download)

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Book Synopsis Arbitration/Big Case by : American Bar Association. Special Committee on Alternative Means of Dispute Resolution

Download or read book Arbitration/Big Case written by American Bar Association. Special Committee on Alternative Means of Dispute Resolution and published by . This book was released on 1986 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Complex Arbitrations

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Publisher : Kluwer Law International B.V.
ISBN 13 : 904112442X
Total Pages : 414 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Complex Arbitrations by : Bernard Hanotiau

Download or read book Complex Arbitrations written by Bernard Hanotiau and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an analysis of the issues arising from multiparty-multicontract arbitrations, including those involving States and groups of companies. This work analyses theories on the basis of which courts and arbitral tribunals determine who are parties to the arbitration clause; and whether an arbitration clause may be extended to non-signatories.

Take the Witness: Cross-examination in International Arbitration

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Author :
Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833637
Total Pages : 344 pages
Book Rating : 4.9/5 (338 download)

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Book Synopsis Take the Witness: Cross-examination in International Arbitration by : Lawrence W. Newman

Download or read book Take the Witness: Cross-examination in International Arbitration written by Lawrence W. Newman and published by Juris Publishing, Inc.. This book was released on 2010-06-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the “go to” reference for the arbitration practitioner who needs to master the art of cross-examination in the international arena. In this concise volume international arbitrators and world-class attorneys present proven techniques for the effective cross-examination of laypersons, adverse witnesses, scientific experts, legal experts and others anywhere in the world.

Arbitration/Big Case

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Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (18 download)

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Book Synopsis Arbitration/Big Case by : American Bar Association. Special Committee on Alternative Means of Dispute Resolution

Download or read book Arbitration/Big Case written by American Bar Association. Special Committee on Alternative Means of Dispute Resolution and published by . This book was released on 1986 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Arbitration

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Publisher :
ISBN 13 : 9781531028886
Total Pages : 0 pages
Book Rating : 4.0/5 (288 download)

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Book Synopsis Arbitration by : Maureen Weston

Download or read book Arbitration written by Maureen Weston and published by . This book was released on 2024-07-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration: Law, Policy, and Practice provides the ideal blend of arbitration case law, problems, and experiential exercises for students. This book features a full arbitration case file to enable students to experience the arbitration hearing from beginning to end, whether in the role of party, lawyer, or neutral. Special chapters on all aspects of the arbitration process enable students to explore the practical side of arbitration through the lens of both arbitrator and advocate. The book also comprehensively covers legal doctrine and ethical constraints essential to understanding modern arbitration, and includes chapters on preemption, arbitrability, judicial review, complex arbitration procedures, and international arbitration. The second edition includes updates to both the law and practice problems to account for changes in the law since the release of the first edition. Updated topics include: Coverage of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFASASHA) and its impact on arbitration agreements and practice; Expanded coverage on the ability to arbitrate cases involving federal law; Introduction to the concept of the "mass action" in arbitration, or the phenomenon of bringing large numbers of individual claims against a single defendant to gain a class-like advantage; and Coverage of the roughly 10 arbitration cases decided by the Supreme Court since the book's last printing.

Private Dispute Settlement; Cases and Materials on Arbitration

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Publisher :
ISBN 13 :
Total Pages : 768 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Private Dispute Settlement; Cases and Materials on Arbitration by : Merton C. Bernstein

Download or read book Private Dispute Settlement; Cases and Materials on Arbitration written by Merton C. Bernstein and published by . This book was released on 1968 with total page 768 pages. Available in PDF, EPUB and Kindle. Book excerpt: