Chern On Dispute Boards

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Chern on Dispute Boards

Author : Cyril Chern
Publisher : Wiley-Blackwell
ISBN 13 : 9781405170628
Total Pages : 0 pages
Book Rating : 4.1/5 (76 download)

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Book Synopsis Chern on Dispute Boards by : Cyril Chern

Download or read book Chern on Dispute Boards written by Cyril Chern and published by Wiley-Blackwell. This book was released on 2008-01-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute boards were first introduced almost 20 years ago. Since then close to $100 billion US dollars worldwide has been spent on construction projects that have used dispute boards. Of these, 98% were constructed without any court battles and of the remaining 2%, the dispute board decisions were upheld by either arbitration and/or the court: a truly impressive record. Yet very little is known about what dispute boards are and how they operate. This book provides the knowledge necessary for those actively involved in dispute board work as well as for those who need to learn the process. Important features of the book include: analysis of the differences between dispute adjudication boards, dispute resolution boards and combined dispute boards in-depth discussion of both the existing and historical international case law on dispute boards, including its history under the British common law, European civil law and Muslim Sharī’ah law analysis of the differences between the various major standard forms of dispute board rules – FIDIC, International Chamber of Commerce and DBFederation - along with sample wording to add to or modify these forms as needed. analysis of how referrals are made to dispute boards and sample forms. an in-depth discussion of the ethical requirements relating to dispute board members comparison of board selection techniques with guidelines for implementation and recommendations for the parties sample forms for use in establishing a dispute board discussion of site visits, how they should be conducted and sample forms general forms for use in operating a dispute board, form agendas, form reports and their use how to use a dispute board as a sounding board for grievances in depth discussion of how to write a decision or recommendation with examples of actual dispute board decisions and recommendations disclosure forms, questionnaires for potential board members, and comparison of board member agreements and sample forms a discussion of how to effectively use witnesses and the preparation and presentation of witness statements in dispute board hearings forms of notice and procedural rules governing the operation of dispute boards international case studies with claims, responses and decisions analysis of situations requiring the removal of dispute board members and form agreements for their removal discussion of the use of dispute boards in areas other than construction.

Chern on Dispute Boards

Author : Cyril Chern
Publisher : John Wiley & Sons
ISBN 13 : 0470698063
Total Pages : 395 pages
Book Rating : 4.4/5 (76 download)

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Book Synopsis Chern on Dispute Boards by : Cyril Chern

Download or read book Chern on Dispute Boards written by Cyril Chern and published by John Wiley & Sons. This book was released on 2008-04-30 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute boards were first introduced almost 20 years ago. Sincethen close to $100 billion US dollars worldwide has been spent onconstruction projects that have used dispute boards. Of these, 98%were constructed without any court battles and of the remaining 2%,the dispute board decisions were upheld by either arbitrationand/or the court: a truly impressive record. Yet very little isknown about what dispute boards are and how they operate. This book provides the knowledge necessary for those activelyinvolved in dispute board work as well as for those who need tolearn the process. Important features of the book include: analysis of the differences between dispute adjudicationboards, dispute resolution boards and combined dispute boards in-depth discussion of both the existing and historicalinternational case law on dispute boards, including its historyunder the British common law, European civil law and MuslimSharī’ah law analysis of the differences between the various major standardforms of dispute board rules – FIDIC, International Chamberof Commerce and DBFederation - along with sample wording to add toor modify these forms as needed. analysis of how referrals are made to dispute boards and sampleforms. an in-depth discussion of the ethical requirements relating todispute board members comparison of board selection techniques with guidelines forimplementation and recommendations for the parties sample forms for use in establishing a dispute board discussion of site visits, how they should be conducted andsample forms general forms for use in operating a dispute board, formagendas, form reports and their use how to use a dispute board as a sounding board forgrievances in depth discussion of how to write a decision orrecommendation with examples of actual dispute board decisions andrecommendations disclosure forms, questionnaires for potential board members,and comparison of board member agreements and sample forms a discussion of how to effectively use witnesses and thepreparation and presentation of witness statements in dispute boardhearings forms of notice and procedural rules governing the operation ofdispute boards international case studies with claims, responses anddecisions analysis of situations requiring the removal of dispute boardmembers and form agreements for their removal discussion of the use of dispute boards in areas other thanconstruction.

Chern on Dispute Boards

Author : Cyril Chern
Publisher : CRC Press
ISBN 13 : 1317630696
Total Pages : 1125 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Chern on Dispute Boards by : Cyril Chern

Download or read book Chern on Dispute Boards written by Cyril Chern and published by CRC Press. This book was released on 2015-05-22 with total page 1125 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chern on Dispute Boards examines the law of dispute boards and their development internationally, while also covering procedural topics that are of particular concern to those utilising dispute boards. It deals with advanced practitioner issues in the emerging law of dispute boards on an international scale, laying out their methods and methodology not only under the common law, but also under other legal systems such as Civil law and Shari’ah law. Excelling in describing the "how and why", this book also gives samples and/or forms of actual working dispute boards that any practitioner could use and adapt to their own needs. Readers of this this updated third edition will have explained to them the various international formats and types of dispute boards in use today and be brought up-to-date on the ever evolving law within the field. New to this 3rd edition is the extensive coverage of appeals from Dispute Board Decisions, the laws relative to appeals and the ICC, enforcement procedures and new forms and guidelines for the practitioner. This book guides the reader through the complexities of actual commercial and construction disputes and their successful resolution and also presents a way forward for the dispute board members themselves to administer actual dispute boards all over the world. It is therefore, the number one guide for construction lawyers, engineers and dispute board stakeholders worldwide.

Chern on Dispute Boards

Author : Cyril Chern
Publisher : John Wiley & Sons
ISBN 13 : 1119951992
Total Pages : 430 pages
Book Rating : 4.1/5 (199 download)

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Book Synopsis Chern on Dispute Boards by : Cyril Chern

Download or read book Chern on Dispute Boards written by Cyril Chern and published by John Wiley & Sons. This book was released on 2011-09-13 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: A dispute board is a panel of impartial members, appointed at the outset of the construction contract, whose purpose is to monitor progress, resolve disputes as they arise and provide a forum for discussing difficult matters. This book provides an in depth analysis of dispute board law and detailed, practical explanations of how dispute boards work in construction contracts for those actively involved. as well as for those who need to learn the process. Important features of the book include: Explanation of how a dispute board works: Insider knowledge of board operations: Key documents to run a dispute board: Detailed discussion of dispute board law (covering key jurisdictions worldwide): Forms of practice and procedure, and sample documents Reviews of the previous edition "Chern's book provides an extremely practical guide, covering not only an introduction to the process but also providing check lists and sample documentation.... This book will be welcome by practitioners in the area and newcomers to the dispute board process." —The International Journal of Arbitration, Mediation and Dispute Management, November 2009 "This book will provide a very useful, perhaps essential, guide to parties commissioning large capital construction projects, those advising them and those bidding to carry out such works, and importantly, the project funders." —The Expert & Dispute Resolver "This is a must-have book for grown up contractors" —Tony Bingham, Building "His timely work ...concentrating on what may prove to be the primary means of dispute resolution for major international construction projects is to be welcomed." —HHJ Humphrey Lloyd, QC, The International Construction Law Review "This excellent book on Dispute Boards is a must for every construction lawyer, engineer, architect and contractor who is either involved in Dispute Boards or wants to be" —Herbert Wilson, The Journal of the Dispute Board Federation

The Law of Construction Disputes

Author : Cyril Chern
Publisher : Taylor & Francis
ISBN 13 : 0429648685
Total Pages : 1081 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis The Law of Construction Disputes by : Cyril Chern

Download or read book The Law of Construction Disputes written by Cyril Chern and published by Taylor & Francis. This book was released on 2019-09-17 with total page 1081 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in a fully updated third edition, The Law of Construction Disputes is a leading source of authoritative and detailed information on the whole area of construction law including contracts and their performance, third parties, pursuing claims and dispute resolution. It covers the construction dispute process by analysing the main areas from which disputes arise, up to date case law, and how to effectively deal with construction project disputes once they have arisen. Now including references to the new FIDIC contracts, which were released in 2017, this edition expands on advanced practitioner issues, as well as the emerging law of construction disputes on an international basis and gives the practitioner all the case law needed in one concise volume. The book examines the methods and methodology of construction law, not only for a common law context, but also under other legal systems. Readers will be guided through the various international contract formats governing construction, alongside applicable case law. Additionally, they will be shown the correct contract provisions and forms used to prevent disputes from escalating in order to reach successful conclusions without litigation. Including expert advice and many relevant reference materials, this book is an extremely helpful guide to legal practitioners and construction professionals.

Construction Contract Variations

Author : Michael Sergeant
Publisher : CRC Press
ISBN 13 : 1317685156
Total Pages : 589 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Construction Contract Variations by : Michael Sergeant

Download or read book Construction Contract Variations written by Michael Sergeant and published by CRC Press. This book was released on 2014-05-23 with total page 589 pages. Available in PDF, EPUB and Kindle. Book excerpt: Changes to the work on construction projects are a common cause of dispute. Such variations lead to thousands of claims in the UK every year and many more internationally. Liability for variations is not only relevant to claims for sums due for extra work but this is also an important underlying factor in many other construction disputes, such as delay, disruption, defects and project termination. This is the first book to deal exclusively with variations in construction contracts and provide the detailed and comprehensive coverage that it demands. Construction Contract Variations analyses the issues that arise in determining whether certain work is a variation, the contractor’s obligation to undertake such work as well as its right to be paid. It deals with the employer’s power to vary and the extent of its duties to approve changes. The book also analyses the role of the consultant in the process and the valuation of variations. It reviews these topics by reference to a range of construction contracts. This is an essential guide for practitioners and industry professionals who advise on these issues and have a role in managing, directing and compensating change. Participants in the construction industry will find this book an invaluable guide, as will specialists and students of construction law, project management and quantity surveying.

Nuclear Power Plant Development

Author : Cyril Chern
Publisher : Taylor & Francis
ISBN 13 : 1000330389
Total Pages : 533 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Nuclear Power Plant Development by : Cyril Chern

Download or read book Nuclear Power Plant Development written by Cyril Chern and published by Taylor & Francis. This book was released on 2021-04-15 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nuclear Power Plant Development covers the intricacies of developing a nuclear power plant project from a construction and legal standpoint. It deals with structuring, drafting, and negotiating a wide range of standard and specialised contracts relating to the development of nuclear power-generation projects and also covers the other forms of power-generating facilities. It covers the forms of contract, the law involved internationally, and potential areas of pitfalls and how to avoid them in a systematic format covering various forms of projects. It is suitable for solicitors and barristers involved in the contracting for such facilities and the handling of litigation related to them, government officials involved in the commissioning and development of nuclear facilities for regional governments, and engineers and contractors involved in the actual work of design and contract administration and dispute resolution.

International Commercial Mediation

Author : Cyril Chern
Publisher : Taylor & Francis
ISBN 13 : 100034147X
Total Pages : 298 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis International Commercial Mediation by : Cyril Chern

Download or read book International Commercial Mediation written by Cyril Chern and published by Taylor & Francis. This book was released on 2020-11-26 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Commercial Mediation is a practical guidebook that explains how to handle and complete a mediation, as well as how to personally market the skills developed as a mediator. The book provides examples, supplies forms, and explains procedures of actual working mediations which can be used to adapt to individual needs. It also deals with advanced practitioner issues and the emerging law on international mediation.

FIDIC Contracts: Law and Practice

Author : Ellis Baker
Publisher : CRC Press
ISBN 13 : 131791189X
Total Pages : 805 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis FIDIC Contracts: Law and Practice by : Ellis Baker

Download or read book FIDIC Contracts: Law and Practice written by Ellis Baker and published by CRC Press. This book was released on 2013-07-31 with total page 805 pages. Available in PDF, EPUB and Kindle. Book excerpt: FIDIC Contracts: Law and Practice is sure to become the leading industry standard guide to using the FIDIC forms, and is the only book to date which deals with the whole suites of contracts, including the new gold book for Design, Build and Operate projects. The White & Case work is outstanding in its detailed consideration and treatment of the legal aspects of the interpretation and application of the Conditions, touching on many points that most people would not have encountered. Humphrey LLoyd, International Construction Law Review [2010] ICLR 386

Remedies in Construction Law

Author : Roger ter Haar
Publisher : Taylor & Francis
ISBN 13 : 1317194942
Total Pages : 588 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Remedies in Construction Law by : Roger ter Haar

Download or read book Remedies in Construction Law written by Roger ter Haar and published by Taylor & Francis. This book was released on 2017-06-14 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Remedies in Construction Law brings together various well-established strands of the law and considers practical remedies for breach of contract and tort in connection with construction projects. Now in a fully updated second edition, it covers topics such as: Damages Termination Quantum Meruit Recovery Injunctions Limitation ADR This book continues to be a vital reference to lawyers and construction professionals seeking specialist insight into how remedies function in the construction sector.

FIDIC - A Guide for Practitioners

Author : Axel-Volkmar Jaeger
Publisher : Springer Science & Business Media
ISBN 13 : 364202100X
Total Pages : 468 pages
Book Rating : 4.6/5 (42 download)

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Book Synopsis FIDIC - A Guide for Practitioners by : Axel-Volkmar Jaeger

Download or read book FIDIC - A Guide for Practitioners written by Axel-Volkmar Jaeger and published by Springer Science & Business Media. This book was released on 2009-11-11 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1999, a suite of three new conditions of contract was published by FIDIC, following the basic structure and wording harmonised and updated around the previous FIDIC Design-Build and Turnkey Contract (the 1992 ‘‘Orange Book’’). These conditions, known as the ‘‘FIDIC rainbow, were the Conditions of C- tract for: l Construction, the so-called Red Book, for works designed by the Employer l Plant and Design-Build, the so-called Yellow Book, for works designed by the Contractor l EPC/Turnkey Projects, the so-called Silver Book, for works designed by the Contractor The ?rst is intended for construction works where the Employer is responsible for the design, as for per the previous so-called Red Book 4th Edition (1987), with an important role for the Engineer. The other two conditions of contract are intended for situations when the Contractor is responsible for the design. The Plant and Design-Build Contract has the traditional Engineer while the EPC/Turnkey Contract has a two-party arran- ment, generally with an Employer’s Representative as one of the parties.

Open Access

Author : Peter Suber
Publisher : MIT Press
ISBN 13 : 0262517639
Total Pages : 255 pages
Book Rating : 4.2/5 (625 download)

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Book Synopsis Open Access by : Peter Suber

Download or read book Open Access written by Peter Suber and published by MIT Press. This book was released on 2012-07-20 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise introduction to the basics of open access, describing what it is (and isn't) and showing that it is easy, fast, inexpensive, legal, and beneficial. The Internet lets us share perfect copies of our work with a worldwide audience at virtually no cost. We take advantage of this revolutionary opportunity when we make our work “open access”: digital, online, free of charge, and free of most copyright and licensing restrictions. Open access is made possible by the Internet and copyright-holder consent, and many authors, musicians, filmmakers, and other creators who depend on royalties are understandably unwilling to give their consent. But for 350 years, scholars have written peer-reviewed journal articles for impact, not for money, and are free to consent to open access without losing revenue. In this concise introduction, Peter Suber tells us what open access is and isn't, how it benefits authors and readers of research, how we pay for it, how it avoids copyright problems, how it has moved from the periphery to the mainstream, and what its future may hold. Distilling a decade of Suber's influential writing and thinking about open access, this is the indispensable book on the subject for researchers, librarians, administrators, funders, publishers, and policy makers.

Dispute Board Manual

Author : Dispute Resolution Board Foundation
Publisher :
ISBN 13 : 9781943070688
Total Pages : 152 pages
Book Rating : 4.0/5 (76 download)

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Book Synopsis Dispute Board Manual by : Dispute Resolution Board Foundation

Download or read book Dispute Board Manual written by Dispute Resolution Board Foundation and published by . This book was released on 2019-09-15 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: An authoritative explanation of the Dispute Board (DB) process and a reference guide for users of the process throughout the world. The guide addresses the fundamentals of successful DBs and their important role in both avoiding and resolving disputes among the contracting parties on large and complex projects.

The Belt and Road Initiative

Author : Permanent Forum of China Construction Law
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403514434
Total Pages : 220 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Belt and Road Initiative by : Permanent Forum of China Construction Law

Download or read book The Belt and Road Initiative written by Permanent Forum of China Construction Law and published by Kluwer Law International B.V.. This book was released on 2019-08-22 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: The “Belt and Road” initiative, designed to enhance trade flows and spur long-term regional economic growth through infrastructure projects, has expanded China’s overseas construction market. This book, written by prominent adjudicators, lawyers, scholars, entrepreneurs and consultants with extensive first-hand experience in global construction matters will assist Chinese contractors in identifying, managing and mitigating the inherent risks involved, including those arising from the political, social, economic and legal contexts of the foreign jurisdiction. Drawing on real-life experiences of project managers, lawyers, arbitrators and others—and including summaries of both successful and unsuccessful cases—the book comprehensively covers the variety of risks facing Chinese contractors of international engineering projects and provides useful advice on how to address them. The issues and topics covered in this book are: understanding the political, social and market environment of the host country; cost and scheduling impacts of host country regulation; dispute resolution mechanisms; site security; health and medical environment; availability of local goods and materials; appointment of local subcontractors; public relations and social responsibility; and insurance. Questionnaires and interviews covering a wide variety of Chinese overseas construction projects provide expert perspectives on risk analysis and management, best practices, precautions, issues to be adjudicated in arbitrations and much more. Addressing all the practical difficulties and problems encountered before and during an overseas construction project, the book will help in-house counsel for Chinese enterprises and those who interact with them improve management, reduces risks, and protect rights and interests. It will also serve as a general guide for international engineering contractors, given that the risks Chinese enterprises face in their overseas operations are shared by their international counterparts. Others welcoming this book include international lawyers, scholars and researchers specializing in construction law, arbitrators, arbitral institutions and international project owners.

The World Bank Legal Review, Volume 5

Author : Hassane Cisse
Publisher : World Bank Publications
ISBN 13 : 1464800383
Total Pages : 690 pages
Book Rating : 4.4/5 (648 download)

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Book Synopsis The World Bank Legal Review, Volume 5 by : Hassane Cisse

Download or read book The World Bank Legal Review, Volume 5 written by Hassane Cisse and published by World Bank Publications. This book was released on 2013-11-26 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the potentially transformative role of effective laws and legal institutions in providing people with more opportunity that is both inclusive and equitable.

Delay and Disruption in Construction Contracts

Author : Andrew Burr
Publisher : CRC Press
ISBN 13 : 1317377729
Total Pages : 1168 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Delay and Disruption in Construction Contracts by : Andrew Burr

Download or read book Delay and Disruption in Construction Contracts written by Andrew Burr and published by CRC Press. This book was released on 2016-02-05 with total page 1168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Delay and disruption in the course of construction impacts upon building projects of any scale. Now in its 5th edition Delay and Disruption in Construction Contracts continues to be the pre-eminent guide to these often complex and potentially costly issues and has been cited by the judiciary as a leading textbook in court decisions worldwide, see, for example, Mirant v Ove Arup [2007] EWHC 918 (TCC) at [122] to [135] per the late His Honour Judge Toulmin CMG QC. Whilst covering the manner in which delay and disruption should be considered at each stage of a construction project, from inception to completion and beyond, this book includes: An international team of specialist advisory editors, namely Francis Barber (insurance), Steve Briggs (time), Wolfgang Breyer (civil law), Joe Castellano (North America), David-John Gibbs (BIM), Wendy MacLaughlin (Pacific Rim), Chris Miers (dispute boards), Rob Palles-Clark (money), and Keith Pickavance Comparative analysis of the law in this field in Australia, Canada, England and Wales, Hong Kong, Ireland, New Zealand, the United States and in civil law jurisdictions Commentary upon, and comparison of, standard forms from Australia, Ireland, New Zealand, the United Kingdom, USA and elsewhere, including two major new forms New chapters on adjudication, dispute boards and the civil law dynamic Extensive coverage of Building Information Modelling New appendices on the SCL Protocol (Julian Bailey) and the choice of delay analysis methodologies (Nuhu Braimah) Updated case law (to December 2014), linked directly to the principles explained in the text, with over 100 helpful "Illustrations" Bespoke diagrams, which are available for digital download and aid explanation of multi-faceted issues This book addresses delay and disruption in a manner which is practical, useful and academically rigorous. As such, it remains an essential reference for any lawyer, dispute resolver, project manager, architect, engineer, contractor, or academic involved in the construction industry.

The Commercial Mediator's Handbook

Author : Cyril Chern
Publisher : CRC Press
ISBN 13 : 1317663462
Total Pages : 423 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis The Commercial Mediator's Handbook by : Cyril Chern

Download or read book The Commercial Mediator's Handbook written by Cyril Chern and published by CRC Press. This book was released on 2014-09-19 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation as a method of dispute resolution is well known and practised worldwide, and this book provides the knowledge necessary for those actively involved in mediation work as well as for those who need to learn the process. This is an invaluable guide on how to mediate, what forms should be used and what techniques can be applied by the mediator to obtain a successful result. It also provides essential guidance on how to deal with large, complex international commercial disputes and their effective administration. Key features of this book include: • In-depth discussion of both the existing and historical international case law on mediation including its history under the British Common law, European Civil law and Muslim Shari’ah law. • Analysis of the differences between the various forms of mediation agreements with sample wording to add to or modify these forms as needed. • In-depth discussion of the ethical requirements relating to mediation and mediators. • Sample forms for use in commencing mediation. • In-depth discussion of actual mediations, how they should be conducted, techniques to use and sample forms. • General forms for use in complex international mediation, form agenda and mediation statements. • Mediator disclosure forms, questionnaires for potential mediators and parties and comparison of mediation agreements and sample forms. • Discussion of how to effectively use witnesses and the preparation and presentation of witness statements in mediation. • International case studies with statements of claims and responses. This book will be essential reading for those involved in international commercial and construction mediation.