Arbitration Clauses for International Contracts - 2nd Edition
By: Paul D. Friedland
"This book, by a leading international arbitration practitioner, offers suggested language for every option that a drafter of an international arbitration clause may need. Following a succinct assessment of the choice between arbitration and litigation and commentary on the choices among arbitration fora and formats, the author presents an accessible how-to for drafting. While other works offer theory and a smattering of drafting tips, there is no other comprehensive collection of workable language, presented accessibly with easy-to-reference appendices. This book will be a standard reference for both in-house counsel and outside practitioners. This book provides, in an accessible format, clauses that address all the significant issues that contracting parties face, and in any event should consider, when they decide to draft a dispute resolution clause for an international contract. Those who wish immediate access to suggested language may turn directly to the Appendices. Those who wish to understand the analysis that leads to the suggested language should read the text."--Publisher's website.
AI Overview
The book "Arbitration Clauses for International Contracts - 2nd Edition" by Paul D. Friedland is a comprehensive guide for drafting and understanding arbitration clauses in international contracts. Here is a detailed overview of the book:
Key Themes
Dispute Resolution Methods:
- The book explores the threshold issues parties face when deciding on a dispute resolution method for their international contracts. It discusses the choice between arbitration and litigation, as well as the options among different arbitration forums and formats.
Drafting Arbitration Clauses:
- The author provides suggested language for every option a drafter of an international arbitration clause may need. This includes model and standard clauses for both institutional and non-administered (Ad-Hoc) arbitration.
Comparative Approach:
- Friedland takes a comparative approach, addressing the drafting of dispute resolution clauses from a U.S. angle as well as under the rules and laws of major arbitration institutions and important host countries such as France, the U.K., and Switzerland.
Practical Appendices:
- The book includes practical appendices that cover various aspects of arbitration clauses, such as costs and fees, currency of award, document disclosure, dispositive applications, entry of judgment, expert referral clauses, ICSID clauses, interest, judicial forum for enforcement of arbitration agreements, judicial review, language, limitations periods, mediation as a first step, multi-party contracts, narrow scope, negotiation as a first step, negotiation and mediation as two steps in a three-step clause, offsets, place of arbitration, presentation of evidence, provisional measures, punitive damages, sole option clauses, sovereign contracts, specifying the current or updated rules, submission agreements for existing disputes, and time limits and fast-tracking.
Plot Summary
The book is structured to provide an accessible how-to guide for drafting arbitration clauses in international contracts. It begins with an assessment of the choice between arbitration and litigation, followed by a commentary on the choices among arbitration forums and formats. The author then presents a comprehensive collection of workable language for drafting arbitration clauses, making it a standard reference for both in-house counsel and counsel.
Critical Reception
The book has received positive reviews for its comprehensive and accessible approach to drafting arbitration clauses. It is praised for skillfully mingling the trite and the complex, allowing both new and sophisticated readers to benefit from its content. The author's comparative approach is particularly commended for providing useful information and insights from various legal perspectives.
Availability
The book is available in hardcover format and is considered an excellent resource for those interested in international contracts and arbitration clauses. It is available through various bookstores and online platforms.
In summary, "Arbitration Clauses for International Contracts - 2nd Edition" by Paul D. Friedland is a definitive guide for drafting and understanding arbitration clauses in international contracts. Its comprehensive coverage, practical appendices, and comparative approach make it a valuable resource for both students and practitioners in the field of international arbitration.