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DISPUTE PREVENTION AND SETTLEMENT THROUGH EXPERT DETERMINATION AND DISPUTE BOARDS

DISPUTE PREVENTION AND SETTLEMENT THROUGH EXPERT DETERMINATION AND DISPUTE BOARDS
Author: Filip De Ly
Publisher: Kluwer Law International B.V.
Total Pages: 297
Release: 2016-04-24
Genre: Law
ISBN: 9041194266
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Dispute avoidance isnotgenerally on the mind ofbusinessesand their in-house legal counseluntila disputehits. Thisbookdeals with theprevention ofdisputes and their settlement through two specific methods: Dispute Boards and Expert Determination. These two methodsareoften used by the international business community to reduce the riskof being involved in long and complex factual disputes. Thirteen international experts share theirknowledge and their experience on theimpactof applicable law, contract law issues, proceduralissuesand the relationship between Expert Determination or Dispute Boards on the one hand and litigation and arbitration on the other. Specific topics dealt within thebook include the challenges of Expert Determination in M&A transactions, Expert Determination by Accounting firms including real-life examplesas wellas the 2015ICC DisputeBoard Rules, the settlement ofdisputes including under the FIDIC formsof contract and recent case law on DisputeBoards.

Dispute Resolution

Dispute Resolution
Author: John Kendall
Publisher:
Total Pages: 216
Release: 1992
Genre: Law
ISBN:
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The potential of Alternative Dispute Resolution in different types of dispute is being increasingly investigated. This text discusses references to experts as a major method of resolving disputes. Chapters cover such topics as land, shares in private companies, enforcing the decision and tactics.

Resolving Disputes: A guide to the options for Appropriate Dispute Resolutions (ADR)

Resolving Disputes: A guide to the options for Appropriate Dispute Resolutions (ADR)
Author: Anil Changaroth
Publisher: Marshall Cavendish International Asia Pte Ltd
Total Pages:
Release: 2019-03-15
Genre: Law
ISBN: 9814841714
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Anil Changaroth is an Advocate & Solicitor of Singapore and qualified as a barrister of England and Wales in 1993. Anil is Managing Director and General Counsel of ChangAroth Chambers LLC. In practice since 1995 (and conversant in Mandarin, Malay, Malayalam and Tamil, besides English), he focuses on Building, Construction and Infrastructure work and most aspects of Commercial, Civil, Criminal and Corporate front end advisory work and Appropriate Dispute Resolution services. Anil also practiced with the arbitration group of an international law firm and was in-house counsel with the Contract Advisory and Dispute Management division of Davis Langdon & Seah (Arcadis Group).

Construction Dispute Resolution Handbook

Construction Dispute Resolution Handbook
Author: Robert Gaitskell
Publisher: Thomas Telford Publishing
Total Pages: 0
Release: 2011
Genre: Construction contracts
ISBN: 9780727741455
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Construction Dispute Resolution Handbook explains procedures that will avoid disputes arising and provides step-by-step advice to reaching a satisfactory resolution of any disputes that do occur. There are seven forms of construction dispute resolution in regular use - arbitration, adjudication, litigation, mediation, dispute boards, expert determination and early neutral evaluation - the differences between these are explained with practical help and guidance on making effective use of the whole range of procedures available when a dispute arises. This handbook provides lawyers, engineers and other construction professionals with guidance on formulating a strategy to minimise the time and costs expended on getting a decision or settlement, with the ultimate aim of resolving a dispute satisfactorily and benefitting clients. Model arbitration notices, adjudication referral notices, mediation papers, pleadings and other useful documents and checklists, as well as addresses for key bodies, and information on how to get internet access to legal cases are included. Written for both the practitioner and the student, in an easy-to-read style that gives straightforward accounts of how to deal with construction disputes at all stages

Dispute Resolution and Conflict Management in Construction

Dispute Resolution and Conflict Management in Construction
Author: Edward Davies
Publisher: Routledge
Total Pages: 571
Release: 2005-10-05
Genre: Architecture
ISBN: 1135807531
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Many construction conflicts and disputes are not limited to particular jurisdictions or cultures, but are increasingly becoming common across the industry worldwide. This book is an invaluable guide to international construction law, written by a team of experts and focusing on the following national systems: Australia, Canada, China, England and Wales, Estonia, Hong Kong, Iraq, Ireland, Italy, Japan, Malaysia, the Netherlands, Oman, Portugal, Quebec, Romania, Scotland, Sweden, Switzerland, and the USA. The book provides a consistent and rigorous analysis of each national system as well as the necessary tools for managing conflict and resolving disputes on construction projects.

Mediation

Mediation
Author: Theophile Margellos
Publisher: Kluwer Law International B.V.
Total Pages: 290
Release: 2016-04-24
Genre: Law
ISBN: 9041188215
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Disputes about intellectual property (IP) rights are frequently multinational, with allegations of infringement and arguments about validity and ownership spanning numerous jurisdictions. As an alternative to expensive, risk-prone and time-consuming litigation, out-of-court settlements conducted through mediation are becoming more common, with the added advantage that they are not tied to the geographical scope of the IP rights at stake. This book is the first work of its type devoted to the practical A to Z of IP mediation. It is written in a reader-friendly style which makes it accessible to a wide readership. With numerous case study examples demonstrating the kind of challenges that arise and how they can be met, a team of internationally recognized mediators and IP experts offers in-depth discussion of how mediation mitigates difficulties in such IP areas as the following: • disputes on trademarks, designs, patents, copyrights and other IP rights; • allegations of breach of contract; • licences and transfers; and • R&D cooperation agreements. The authors provide analysis and recommendations about drafting settlement agreements, including standard clauses and enforcement, as well as an overview of the main mediation services which may be used to settle IP disputes. Showing how mediation offers a dispute resolution process at a human level where parties can not only discuss and resolve their differences but also create added value to the existing IP rights and the business surrounding them, the book will be warmly welcomed by lawyers, both in-house and outside counsels, IP professionals in general and rights holders and licensees.

Dispute Resolution

Dispute Resolution
Author: General Books LLC
Publisher: Books LLC, Wiki Series
Total Pages: 352
Release: 2011-08
Genre: Business & Economics
ISBN: 9781157594451
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Please note that the content of this book primarily consists of articles available from Wikipedia or other free sources online. Pages: 89. Chapters: Mediation, Negotiation, Conciliation, Lawsuit, Online dispute resolution, Alternative dispute resolution, Organizational conflict, Search for Common Ground, Conflict resolution, Dispute settlement in the World Trade Organization, Protracted social conflict, George W. Taylor, Cyrus S. Ching, Cost of conflict, 1999-2002 FARC-Government peace process, Marc Gopin, Mediation in Australia, Khap, Jerusalem-Project, Ombudsman for Banking Services and Investments, Centre for Effective Dispute Resolution, Credit ombudsman service, Best alternative to a negotiated agreement, Negotiation theory, Lawburrows, Suitable age and discretion, Program on Negotiation, Lawrence Brahm, Intervention, Dispute Mechanism, Complaint system, Organizational ombudsman, Polder Model, Dispute board, Participatory justice, Teen courts, Jirga, Lok Adalat, JAMS, Fair fighting, Party-directed mediation, Thomas Kilmann Conflict Mode Instrument, National Arbitration and Mediation, Peacemaking, Peninsula Conflict Resolution Center, Muslim Arbitration Tribunal, Dispute Settlement Body, Party participation in the mediation process, Special referee, Win-win game, National Mediation Training Registry, Family mediation, Adat, Healing the Divide, Dispute Systems Design, Spaak method, Community Boards, Memorandum of agreement, Preventive diplomacy, Kraybill Conflict Style Inventory, Newton hearing, Conflict management style, Program on Intrastate Conflict and Conflict Resolution, California Academy of Distinguished Neutrals, Civil Mediation Council, Gunnysacking, Expert determination, Two-level game theory, Dispute pyramid, Negotiated order, Watching brief, Public Advocate. Excerpt: Mediation, as used in law, is a form of alternative dispute resolution (ADR), is a way of resolving disputes between two or more parties. A third party, the mediator, assists the par...

Class and Group Actions in Arbitration

Class and Group Actions in Arbitration
Author: Bernard Hanotiau
Publisher: Kluwer Law International B.V.
Total Pages: 232
Release: 2016-09-23
Genre: Law
ISBN: 9041183868
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Several decades ago, a typical arbitration would involve one claimant against one respondent. Over the years, more and more cases involve several claimants against several respondents. Today, one third of all international ICC arbitrations seem to involve multiparty cases, multi-contract cases involving multiple contracts, multiple parties. The evolution has continued and the debate today is whether it would be possible for a class of people in the same situation or a group of citizens having the same interest to start one single arbitration procedure as a group or as a class. This publication examines the complex issues involved in class or group arbitration on a comparative law basis. Is there a place for such proceedings within the framework of the arbitration process? Class action procedures, as developed in the United States court system and more recently in Canada, are almost nonexistent in Europe. The European Commission has advocated collective redress as an important means of access to justice but class actions have found little enthusiasm in the Members States. The book highlights the lessons which have been learned from the experience of cases in the US and in Europe. What does the future hold for class, collective and mass arbitrations? Are they a marginal phenomenon or has their potential yet to be realized? What are possible solutions to the issues that have been encountered? Can we expect to see more of such arbitrations in the future? Written by arbitrators, academics and practitioners, this Dossier will provide the answers to these questions and many more.

Best Practice in Construction Disputes

Best Practice in Construction Disputes
Author: Paula Gerber
Publisher:
Total Pages: 493
Release: 2013
Genre: Construction industry
ISBN: 9780409333077
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Analyses how conflicts on construction projects all too often escalate into costly and drawn-out disputes. It identifies strategies that parties can employ to ensure that conflicts are used to generate positive solutions to problems rather than escalating those problems into disputes. Gerber and Ong, Monash University.

Dispute Resolution

Dispute Resolution
Author: Source Wikipedia
Publisher: University-Press.org
Total Pages: 90
Release: 2013-09
Genre:
ISBN: 9781230565798
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Please note that the content of this book primarily consists of articles available from Wikipedia or other free sources online. Pages: 89. Chapters: Mediation, Negotiation, Conciliation, Lawsuit, Online dispute resolution, Alternative dispute resolution, Organizational conflict, Search for Common Ground, Conflict resolution, Dispute settlement in the World Trade Organization, Protracted social conflict, George W. Taylor, Cyrus S. Ching, Cost of conflict, 1999-2002 FARC-Government peace process, Marc Gopin, Mediation in Australia, Khap, Jerusalem-Project, Ombudsman for Banking Services and Investments, Centre for Effective Dispute Resolution, Credit ombudsman service, Best alternative to a negotiated agreement, Negotiation theory, Lawburrows, Suitable age and discretion, Program on Negotiation, Lawrence Brahm, Intervention, Dispute Mechanism, Complaint system, Organizational ombudsman, Polder Model, Dispute board, Participatory justice, Teen courts, Jirga, Lok Adalat, JAMS, Fair fighting, Party-directed mediation, Thomas Kilmann Conflict Mode Instrument, National Arbitration and Mediation, Peacemaking, Peninsula Conflict Resolution Center, Muslim Arbitration Tribunal, Dispute Settlement Body, Party participation in the mediation process, Special referee, Win-win game, National Mediation Training Registry, Family mediation, Adat, Healing the Divide, Dispute Systems Design, Spaak method, Community Boards, Memorandum of agreement, Preventive diplomacy, Kraybill Conflict Style Inventory, Newton hearing, Conflict management style, Program on Intrastate Conflict and Conflict Resolution, California Academy of Distinguished Neutrals, Civil Mediation Council, Gunnysacking, Expert determination, Two-level game theory, Dispute pyramid, Negotiated order, Watching brief, Public Advocate.