Author: Christian Bouhring-UhlePublisher: Springer
ISBN: 9789041102423
Category : Law
Languages : en
Pages : 0
Book Description
Alternative dispute resolution (ADR) techniques have their greatest potential in the field of international disputes, according to the Secretary General of the ICC Court of International Arbitration. Arbitration and Mediation in International Business sets out the complete universe of ADR techniques for international business in a single treatise for the first time. the author explains how both international commercial arbitration and the relevant alternative techniques actually function in practice and discusses ways in which they can combine to reach the ultimate goal of effective and efficient conflict management. Based on the first-ever comprehensive empirical analysis of the process of international arbitration, this work uncovers a fundamental conflict between the effectiveness of any mediation attempts by the arbitrator and the integrity of the arbitration process. to resolve this `arbitrator's dilemma', the author proposes the insertion of neatly separated `mediation windows' into ongoing arbitration proceedings, combining the benefits of arbitration and mediation without compromising either procedure. With its rigorous academic analysis tempered with a highly practical focus, this treatise will prove indispensable for the scholar and practitioner of international business dispute resolution and for anyone who may have to confront the possibility of conflict in international commerce. This title received an Honorable Mention in the 1996 Book Prize Category of the CPR Institute for Dispute Resolution Awards for Excellence in ADR.
