Many of the below references are clickable and available in full text: – Angyal, R., “Med-Arb – Past, present and potential”, internet publication [full text available]. – Batson Baril, M. & Dickey, D., “Med-Arb: The Best of Both Worlds or Just A Limited ADR Option?”, internet publication [full text available]. – Flake, Richard P., “MED/ARB – a viable ADR vehicle? … Read more Med-arb
Many of the below references are clickable and available in full text: – Chernow, Harris J., Pressman, Arthur L. & Singer, Linda R., How to be an Effective Advocate in Mediation, Florida, American Bar Association, 2005, internet publication [full text available]. – Certilman, S., “Judges as Mediators: Retaining Neutrality and Avoiding the Trap of Social Engineering”, 2007, internet publication [full text available]. … Read more Mediation – literature
– Bales, R., “An Introduction to Arbitration”, 2006, internet publication [full text available]. – Barceló, J., “Arbitrability decisions before, during, and after arbitration”, 2014, internet publication [full text available]. – Bergsten, Eric E., International Commercial Arbitration, United Nations, New York & Geneva, 2005, source: http://www.unctad.org/en/docs/edmmisc232add38_en.pdf, internet publication [full text available]. – Blanke, G., The use and utility of international arbitration in EC commission merger remedies: a novel … Read more Arbitration – literature
Many of the below references are clickable and available in full text: – Alderman, R., “Consumer Arbitration: The Destruction of the Common Law”, The Journal of American Arbitration, Public Law and Legal Theory Series 2006-A-18, University of Houston, 17 p., http://www.ssrn.com. – Alderman, R., “Pre-Dispute Mandatory Arbitration in Consumer Contracts: A call for Reform”, Public Law and … Read more Alternative Dispute Resolution – general information
« Speak softly and carry a big stick » (Theodore Roosevelt) What are ADR hybrids? Alternative Dispute Resolution (ADR) includes practices, techniques and approaches for resolving and managing conflicts short of, or alternative to, full-scale court process. The variety of ADR models found in most countries may be described in two fundamental ways: – basic … Read more Hybrid ADR mechanisms
Index_1 Arbitrage – introduction généraleArbitrage – littératureClause d’arbitrage
Click on your topic of interest and you shall find a number of references, as well as some full text articles and materials. Menu Alternative Dispute Resolution – general informationArbitrationMediationHistory of lawPhilosophy of lawSample contracts
Sample contracts (also known as model contracts) are tools that can be both useful and dangerous. Useful because it is not necessary to draft every single contract starting from a blank page. A contract drafted on the basis of a model will oftentimes be more complete and balanced than a concise text written “from scratch”. … Read more Sample contracts
Once you realize that bringing your dispute to court is an unnecessary waste of time and money, choosing an arbitration clause is very simple. All you need to do is use the following arbitration clause in any contract you enter into. You can copy the following clause or click here for a Word version of … Read more Arbitration clause