International Arbitration and Mediation
A Practical Guide
By: Michael McIlwrath, John Savage
This book is intended as an easily accessible desktop resource for lawyers who regularly counsel businesses when negotiating international deals, and for those who represent the same clients in achieving a successful resolution when disputes emerge. The text is divided into chapters that follow the life cycle of an international commercial dispute as seen through the eyes of the parties, from when they agree how to resolve disputes in their contracts to the endgame of enforcement. Additionally, the appendices include a number of model submissions for further reference.--Provided by publisher.
AI Overview
Title: "International Arbitration and Mediation: A Practical Guide" by Michael McIlwrath and John Savage
Publication Date: February 22, 2010
Overview: This book is designed as an easily accessible desktop resource for lawyers who regularly counsel businesses in international deals and for those who represent clients in achieving successful resolutions when disputes arise. The text is structured to follow the life cycle of an international commercial dispute, from the initial agreement on dispute resolution clauses in contracts to the final stages of enforcement.
Key Themes:
- Dispute Resolution Clauses: The book provides practical guidance on determining which dispute resolution clauses work best for different international contracts and how to negotiate those clauses.
- Preliminary Steps: It covers the preliminary steps parties should consider to preserve their rights when a dispute arises, including whether and how to appoint counsel and when to perform an early case assessment (ECA).
- Mediation and Arbitration: The book offers detailed guidance on organizing and conducting international mediations and arbitration proceedings, including how to enforce or set aside arbitral awards.
- Risk Management: Part of the book is dedicated to risk mitigation and management during the contract drafting and negotiating stage, helping counsel plan the dispute resolution process to limit or reduce contractual risk.
- Real-World Examples: The authors frequently illustrate critical steps through real-world examples drawn from past experiences, providing a practical and realistic approach to dispute resolution.
Critical Reception: The book has received positive reviews for its practical and comprehensive approach to international arbitration and mediation. It is considered a valuable resource for practitioners and corporate counsel due to its detailed guidance on all aspects of arbitration and mediation. The book's step-by-step guide and real-world examples make it an essential tool for those navigating international business disputes.
Additional Information:
- Call Number and ISBN: The book is listed with a call number of K 2400 .M39 2010 and an ISBN of 9789041126108.
- Publication Date: The book was published on February 22, 2010.
In summary, "International Arbitration and Mediation: A Practical Guide" by Michael McIlwrath and John Savage is a comprehensive resource that provides practical guidance on all aspects of international arbitration and mediation. It is designed to help lawyers and corporate counsel navigate the complexities of international business disputes, offering a realistic and step-by-step approach to dispute resolution.