ADR and the Law - 20th Edition
Author(s):
ISBN:
978-1-929446-86-5
Page Count:
500 pages
Published:
January, 2006
Practice Areas:
Jurisdictions:
ADR & the Law is the flagship publication of the American Arbitration Association ® (AAA). It is a one-stop reference for attorneys, business executives, scholars and anyone who needs to track worldwide developments in alternative dispute resolution. Each consecutive volume presents a review of the year's most influential domestic and international ADR case law and legislation, along with expert commentary. The book includes significant court decisions, analysis of current trends, highlights of important domestic and foreign legislation and new ADR rules and procedures. Each volume is an essential addition to a professional library.
Each Volume Contains:
Significant Decisions by Federal and State Courts
Articles on Such Topics as
Employment
Labor
Mediation
Judicial Review
Domestic Alternative Dispute Resolution Legislation
Significant Decisions by U.S. Courts Concerning International Alternative Dispute Resolution
International Alternative Dispute Resolution Developments
International Arbitration in Specific Countries
PDF of Title Page and T.O.C.
Preface to the 20th Edition
Introduction to the 20th Edition
Part I. GENERAL COMMERCIAL ALTERNATIVE DISPUTE RESOLUTION
Chapter 1. Labor and Employment: Cases and Commentary
Case Digests
Commentary
Employment Arbitration and Litigation: An Empirical Comparison
Theodore Eisenberg & Elizabeth Hill
Mandatory Pre-Dispute Arbitration: Update
Robert Lewis
Chapter 2. The FAA and Arbitration Procedure: Cases and Commentary
Case Digests
Commentary
Discovery in Arbitration
Joseph L. Forstadt
Case Digests
Commentary
Discovery in Arbitration
Joseph L. Forstadt
Chapter 3. Mediation, Negotiation and Med-Arb: Cases and Commentary
Case Digests
Commentary
The Primacy of Negotiation in Alternative Dispute Resolution
Theodore Kheel
Mediation Training: Career Opportunities and Skill Formation for Other Occupations
Edward F. Sherman
Chapter 4. Commercial, Construction and Reinsurance
Case Digests
Chapter 5. Religion and ADR
Commentary
Halakha: Jewish Law as a Source for ADR
Sharon M. Selter
Case Digests
Commentary
The Primacy of Negotiation in Alternative Dispute Resolution
Theodore Kheel
Mediation Training: Career Opportunities and Skill Formation for Other Occupations
Edward F. Sherman
Chapter 4. Commercial, Construction and Reinsurance
Case Digests
Chapter 5. Religion and ADR
Commentary
Halakha: Jewish Law as a Source for ADR
Sharon M. Selter
Chapter 6. Domestic Alternative Dispute Resolution Legislation
Federal Developments
State Developments
Revised Uniform Arbitration Act
Uniform Mediation Act
Alaska
Arkansas
California
Hawaii
Illinois
Nevada
New York
North Carolina
Part II. INTERNATIONAL ALTERNATIVE DISPUTE RESOLUTION
Chapter 7. International Alternative Dispute Resolution: Cases and Commentary
Case Digests
Commentary
Contract and Treaty Claims and Choice of Forum in Foreign Investment Disputes
Bernardo M. Cremades & David J.A. Cairns
Arbitration and Precedent
Francois Dessemontet
The Perspective of U.S. Courts on the Decisions of the WIPO Arbitration and Mediation Center Regarding Domain Names: Analysis of the Latest Developments
Mohammad Nsour
The Withholding of Documentary Evidence in International Arbitration: Available Remedies for Dealing with Uncooperative Parties
Michael Polkinghorne
An Introduction to Spain’s New Arbitration Act
David J.A. Cairnes & Alejandro Lopez Ortiz
The Austrian Law on Mediation in Civil Matters: An Overview of the New Provisions
Marianne Roth & Klaus Markowetz
Multi-Tiered Dispute Resolution Clauses under Finnish Law
Mika Savola
Comment: Intergen N.V. v. Grina: Fundamental Contract Principles Trump Policy Favoring International Arbitration Where Nonsignatories Are Involved
George Anthony Smith & Sarah T. Holloway
Chapter 8. International Alternative Dispute Resolution Legislation
Arbitration Law of Japan (2004)
Spanish Arbitration Act (2003)
Socialist Republic of Vietnam Ordinance on Commercial Arbitration (2003)
APPENDICES
American Arbitration Association Offices
INDEX
CD ROM TABLE OF CONTENTS
I. American Arbitration Association Rules and Procedures
Arbitration Rules for the Real Estate Industry
(including a Mediation Alternative). Amended and effective September 15, 2005
Commercial Arbitration Rules and Mediation Procedures (including Procedures for Large, Complex Commercial Disputes). Amended and effective September 15, 2005
Commercial Mediation Rules for Financial Planning Disputes administered by the American Arbitration Association.Amended and effective July 1, 2003
Construction Industry Arbitration Rules and Mediation Procedures (including Procedures for Large, Complex Commercial Disputes). Amended and effective September 15, 2005
International Dispute Resolution Procedures (including Mediation and Arbitration Rules). Amended and
effective September 15, 2005
Labor Arbitration Rules (including Expedited Labor Arbitration Rules). Amended and effective July 1, 2005
National Rules for the Resolution of Employment Disputes. Amended and effective September 15, 2005
Patent Arbitration Rules. Amended and effective September 15, 2005
Procedures for Cases under the UNCITRAL Arbitration Rules. Effective September 15, 2005 Supplementary Rules for Class Arbitrations. Effective Date October 8, 2003
Supplementary Procedures for Consumer-Related Disputes. Effective September 15, 2005
Supplementary Procedures for Domain Name Disputes.
Supplementary Procedures for Online Arbitration. Effective July 1, 2001
Supplementary Procedures for Residential Construction Disputes. Effective September 15, 2005
Supplementary Procedures for the Resolution of Intra-Industry U.S. Reinsurance and Insurance Disputes. Amended and effective September 15, 2005
Wireless Industry Arbitration Rules (Sponsored by the Cellular Tele-communications Industry
Association). Effective July 1, 2003
II. Codes, Protocols, Statements of Ethics
American Arbitration Association Code of Ethics for Employees
Statement of Ethical Principles for the American Arbitration Association, an ADR Provider Organization
Code of Ethics for Arbitrators in Commercial Disputes (Revised March 1, 2004)
Model Standards of Conduct for Mediators Due Process Protocol for Mediation and
Arbitration of Statutory Disputes Arising Out of the Employment Relationship Consumer Due Process Protocol
e-Commerce Dispute Management Protocol Health Care Due Process Protocol
III. American Arbitration Association Guides
A Guide for Commercial Arbitrators
A Guide to Mediation and Arbitration for Business People. Amended and effective July 2003
A Guide to the Management of Large, Complex Cases. Effective August 1, 2003
Drafting Dispute Resolution Clauses – A Practical Guide. Amended and effective July 1, 2004
Resolving Commercial Financial Disputes – A Practical Guide (including Sample Clauses and Mediation and Arbitration Rules). Amended and effective September 15, 2005
Resolving Employment Disputes – A Practical Guide. Amended and effective July 1, 2003
Resolving Professional Accounting and Related Services Disputes – A Guide to Alternative Dispute Resolution
IV. American Arbitration Association Q & As
Arbitrator Fees and Expenses in International Cases Award Preparation for International Cases
Consumer-Related Disputes Q & A
Disclosure and Challenge of an Arbitrator
Disclosure and Challenge of an Arbitrator in International Cases
Enhanced Arbitrator Selection Process for Large Complex Cases
How to Commence an AAA Arbitration
Locale Determinations in International Cases
Subpoenas
Questions and Answers about Arbitration and Mediation through the American Arbitration Association.
Amended and effective September 15, 2005
V. American Arbitration Association Forms - Labor and Employment Forms
Labor Arbitration Rules Demand for Arbitration
Employment Arbitration Rules Demand for Arbitration
California: Demand for Arbitration Form for Employment-Related Disputes
Commercial/Business Forms File Online
Commercial Arbitration Rules Demand for Arbitration
Submission to Dispute Resolution-Mediation and Arbitration
Construction Industry Demand for Arbitration
Construction Industry Answering Statement
Supplementary Procedures for Consumer-Related Disputes Form
California: Supplementary Procedures for Consumer - Related Disputes Form
Demand for Arbitration
Request for Mediation
Subpoena
Subpoena Duces Tecum
Dispute Review Board Three-Party Agreement (Effective December 1, 2000)
VI. International Treaties
Inter-American Convention on International Commercial Arbitration (the Panama Convention)
North American Free Trade Agreement
United Nations 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention)
The American Arbitration Association, ® (AAA), with its long history and experience in the field of alternative dispute resolution, provides services to individuals and organizations who wish to resolve conflicts out of court. The AAA, with a caseload of over 200,000 disputes administered, is the nation’s largest full-service ADR provider.
Author/Editor Detail:
The American Arbitration Association, ® (AAA), with its long history and experience in the field of alternative dispute resolution, provides services to individuals and organizations who wish to resolve conflicts out of court. The AAA, with a caseload of over 200,000 disputes administered, is the nation’s largest full-service ADR provider.
Table of Contents:
PDF of Title Page and T.O.C.
Preface to the 20th Edition
Introduction to the 20th Edition
Part I. GENERAL COMMERCIAL ALTERNATIVE DISPUTE RESOLUTION
Chapter 1. Labor and Employment: Cases and Commentary
Case Digests
Commentary
Employment Arbitration and Litigation: An Empirical Comparison
Theodore Eisenberg & Elizabeth Hill
Mandatory Pre-Dispute Arbitration: Update
Robert Lewis
Chapter 2. The FAA and Arbitration Procedure: Cases and Commentary
Case Digests
Commentary
Discovery in Arbitration
Joseph L. Forstadt
Case Digests
Commentary
Discovery in Arbitration
Joseph L. Forstadt
Chapter 3. Mediation, Negotiation and Med-Arb: Cases and Commentary
Case Digests
Commentary
The Primacy of Negotiation in Alternative Dispute Resolution
Theodore Kheel
Mediation Training: Career Opportunities and Skill Formation for Other Occupations
Edward F. Sherman
Chapter 4. Commercial, Construction and Reinsurance
Case Digests
Chapter 5. Religion and ADR
Commentary
Halakha: Jewish Law as a Source for ADR
Sharon M. Selter
Case Digests
Commentary
The Primacy of Negotiation in Alternative Dispute Resolution
Theodore Kheel
Mediation Training: Career Opportunities and Skill Formation for Other Occupations
Edward F. Sherman
Chapter 4. Commercial, Construction and Reinsurance
Case Digests
Chapter 5. Religion and ADR
Commentary
Halakha: Jewish Law as a Source for ADR
Sharon M. Selter
Chapter 6. Domestic Alternative Dispute Resolution Legislation
Federal Developments
State Developments
Revised Uniform Arbitration Act
Uniform Mediation Act
Alaska
Arkansas
California
Hawaii
Illinois
Nevada
New York
North Carolina
Part II. INTERNATIONAL ALTERNATIVE DISPUTE RESOLUTION
Chapter 7. International Alternative Dispute Resolution: Cases and Commentary
Case Digests
Commentary
Contract and Treaty Claims and Choice of Forum in Foreign Investment Disputes
Bernardo M. Cremades & David J.A. Cairns
Arbitration and Precedent
Francois Dessemontet
The Perspective of U.S. Courts on the Decisions of the WIPO Arbitration and Mediation Center Regarding Domain Names: Analysis of the Latest Developments
Mohammad Nsour
The Withholding of Documentary Evidence in International Arbitration: Available Remedies for Dealing with Uncooperative Parties
Michael Polkinghorne
An Introduction to Spain’s New Arbitration Act
David J.A. Cairnes & Alejandro Lopez Ortiz
The Austrian Law on Mediation in Civil Matters: An Overview of the New Provisions
Marianne Roth & Klaus Markowetz
Multi-Tiered Dispute Resolution Clauses under Finnish Law
Mika Savola
Comment: Intergen N.V. v. Grina: Fundamental Contract Principles Trump Policy Favoring International Arbitration Where Nonsignatories Are Involved
George Anthony Smith & Sarah T. Holloway
Chapter 8. International Alternative Dispute Resolution Legislation
Arbitration Law of Japan (2004)
Spanish Arbitration Act (2003)
Socialist Republic of Vietnam Ordinance on Commercial Arbitration (2003)
APPENDICES
American Arbitration Association Offices
INDEX
CD ROM TABLE OF CONTENTS
I. American Arbitration Association Rules and Procedures
Arbitration Rules for the Real Estate Industry
(including a Mediation Alternative). Amended and effective September 15, 2005
Commercial Arbitration Rules and Mediation Procedures (including Procedures for Large, Complex Commercial Disputes). Amended and effective September 15, 2005
Commercial Mediation Rules for Financial Planning Disputes administered by the American Arbitration Association.Amended and effective July 1, 2003
Construction Industry Arbitration Rules and Mediation Procedures (including Procedures for Large, Complex Commercial Disputes). Amended and effective September 15, 2005
International Dispute Resolution Procedures (including Mediation and Arbitration Rules). Amended and
effective September 15, 2005
Labor Arbitration Rules (including Expedited Labor Arbitration Rules). Amended and effective July 1, 2005
National Rules for the Resolution of Employment Disputes. Amended and effective September 15, 2005
Patent Arbitration Rules. Amended and effective September 15, 2005
Procedures for Cases under the UNCITRAL Arbitration Rules. Effective September 15, 2005 Supplementary Rules for Class Arbitrations. Effective Date October 8, 2003
Supplementary Procedures for Consumer-Related Disputes. Effective September 15, 2005
Supplementary Procedures for Domain Name Disputes.
Supplementary Procedures for Online Arbitration. Effective July 1, 2001
Supplementary Procedures for Residential Construction Disputes. Effective September 15, 2005
Supplementary Procedures for the Resolution of Intra-Industry U.S. Reinsurance and Insurance Disputes. Amended and effective September 15, 2005
Wireless Industry Arbitration Rules (Sponsored by the Cellular Tele-communications Industry
Association). Effective July 1, 2003
II. Codes, Protocols, Statements of Ethics
American Arbitration Association Code of Ethics for Employees
Statement of Ethical Principles for the American Arbitration Association, an ADR Provider Organization
Code of Ethics for Arbitrators in Commercial Disputes (Revised March 1, 2004)
Model Standards of Conduct for Mediators Due Process Protocol for Mediation and
Arbitration of Statutory Disputes Arising Out of the Employment Relationship Consumer Due Process Protocol
e-Commerce Dispute Management Protocol Health Care Due Process Protocol
III. American Arbitration Association Guides
A Guide for Commercial Arbitrators
A Guide to Mediation and Arbitration for Business People. Amended and effective July 2003
A Guide to the Management of Large, Complex Cases. Effective August 1, 2003
Drafting Dispute Resolution Clauses – A Practical Guide. Amended and effective July 1, 2004
Resolving Commercial Financial Disputes – A Practical Guide (including Sample Clauses and Mediation and Arbitration Rules). Amended and effective September 15, 2005
Resolving Employment Disputes – A Practical Guide. Amended and effective July 1, 2003
Resolving Professional Accounting and Related Services Disputes – A Guide to Alternative Dispute Resolution
IV. American Arbitration Association Q & As
Arbitrator Fees and Expenses in International Cases Award Preparation for International Cases
Consumer-Related Disputes Q & A
Disclosure and Challenge of an Arbitrator
Disclosure and Challenge of an Arbitrator in International Cases
Enhanced Arbitrator Selection Process for Large Complex Cases
How to Commence an AAA Arbitration
Locale Determinations in International Cases
Subpoenas
Questions and Answers about Arbitration and Mediation through the American Arbitration Association.
Amended and effective September 15, 2005
V. American Arbitration Association Forms - Labor and Employment Forms
Labor Arbitration Rules Demand for Arbitration
Employment Arbitration Rules Demand for Arbitration
California: Demand for Arbitration Form for Employment-Related Disputes
Commercial/Business Forms File Online
Commercial Arbitration Rules Demand for Arbitration
Submission to Dispute Resolution-Mediation and Arbitration
Construction Industry Demand for Arbitration
Construction Industry Answering Statement
Supplementary Procedures for Consumer-Related Disputes Form
California: Supplementary Procedures for Consumer - Related Disputes Form
Demand for Arbitration
Request for Mediation
Subpoena
Subpoena Duces Tecum
Dispute Review Board Three-Party Agreement (Effective December 1, 2000)
VI. International Treaties
Inter-American Convention on International Commercial Arbitration (the Panama Convention)
North American Free Trade Agreement
United Nations 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention)