This third edition of The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration has been substantially expanded not only to ensure that it is up to date but, also, to incorporate several new chapters on diverse subjects, including intratribunal relations, arbitratorsa fees, eDiscovery, and hybrid arbitration processes. Summary of New Material acTwice as long as the second edition acSubstantial revision and expansion of existing chapters acFour new chapters (Arbitrators Fees a Expenses, eDiscovery, Intratribunal Relations, Hybrid Arbitration Proceedings) acUpdated to take into account evolving case law and to address newly emerging issues relating to the management of commercial arbitrations acComparative tables regarding certain aspects of in major international rules and international arbitration institution policies acRevised to take into account: abThe new 2013 CPR Administered Arbitration Rules abThe 2013 revisions to the AAA Commercial Rules abVarious protocols and guidelines relating to domestic commercial arbitration abThe 2011 revisions to the JAMS International Rules abThe 2012 revisions to the ICDR Articles abThe 2010 revisions to the UNCITRAL Rules abThe 2013 IBA Guidelines on Party Representation in International Arbitration abThe 2010 revisions to the IBA Rules on the Taking of Evidence in International Arbitration abVarious protocols and guidelines relating to domestic commercial arbitration The aim of the Guide is to identify best practices that arbitrators can employ to provide users of arbitration with the highest possible standards of economy and fairness in the disposition of business disputes. This third edition of the Guide refines the guidance contained in the first and second editions to take into account developing case law, revised institutional rules, advancements in arbitration techniques and thinking, and also addresses newly evolving issues such as electronic discovery. There are significant differences in the ways in which arbitrations are conducted in different substantive fields of commerce and among different arbitrators in the same field. Techniques that are appropriate and useful in one case may be quite unsuited to another. For this reason, it is not possible to prescribe a single set of best practices that commercial arbitrators should invariably follow in every case. Rather, this Guide attempts to identify the principal issues that typically arise in each successive stage of an arbitration and to explain the pros and cons of various preferred ways of handling each issue. From this perspective, the best practice for an arbitrator is to carefully consider the merits of alternative techniques available for dealing with a particular issue and to then select the technique best suited to the situation. In addition, the Guide attempts to identify the full array of practices available for use in complex arbitrations, which can be adapted and streamlined for simpler cases. Formed in 2001, the College of Commercial Arbitrators is a non-profit organization composed of prominent, experienced commercial arbitrators who believe that a national association of commercial arbitrators can provide a meaningful contribution to the profession, to the public, and to the businesses and lawyers who depend on arbitration as a primary means of dispute resolution. Its mission includes promoting professionalism and high ethical practice in commercial arbitration, adopting and maintaining standards of conduct, providing peer training and professional development, and developing and publishing qbest practicesq materials. This work is the College's principal vehicle for fulfilling several aspects of its mission. Many seasoned and knowledgeable practitioners generously contributed their time and insights to the creation of this Guide.This general presumption was reflected in the 1977 version of the AAA/ABA Code, which provided that athe two party-appointed arbitrators should be ... AAA/ ABA Code (1977), Introductory Note aamp; Canon VII; see also Sunkist Soft Drinks, Inc. v.
|Title||:||College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration - Third Edition|
|Author||:||James M. Gaitis, Carl F. Ingwalson, Jr., Vivien B. Shelanski|
|Publisher||:||Juris Publishing, Inc. - 2014-01-01|