Cover of ADR in Business

ADR in Business

Practice and Issues Across Countries and Cultures

Jean-Claude Goldsmith Arnold Ingen-Housz Gerald H. Pointon
ISBN
9789041134141
Publisher
Kluwer Law International B.V.
Published
2011-01-01
Pages
690
Format
BOOK
Language

Description

Whether the and‘Aand’ stands for and‘appropriateand’, and‘amicableand’, or and‘alternativeand’, all out of court dispute resolution modes, collected under the banner term and‘ADRand’, aim to assist the business world in overcoming relational differences in a truly manageable way. The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents. As a result, in this book twenty-nine and‘intertwined but variegatedand’ essays (to use the editorand’s characterization) provide substantial insight in such specific topics as: ADRand’s flexible procedures as controlled by the parties; ADRand’s facilitation of the continuation of relations between the parties; privilege and confidentiality; involvement of non-legal professionals; the identity and the role of the and‘neutraland’ as well as the role of the arbitrator; the implementation of ICC and other international ADR rules; the workings of Dispute Boards and the role of ADR in securing investment and other specific objectives. In its compound thesis and– growing in relevance every day and– that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.

AI Overview

Title: "ADR in Business: Practice and Issues Across Countries and Cultures"

Authors: Jean-Claude Goldsmith, Arnold Ingen-Housz, and Gerald H. Pointon

Publication Date: 2006

Key Themes

  1. Alternative Dispute Resolution (ADR): The book focuses on ADR as a method for resolving business disputes, particularly at the international level. It explores various approaches to ADR and its applications in diverse cultural and legal contexts[1][2][5].

  2. International Business Disputes: The authors examine how ADR can be used to handle disputes in international business settings, highlighting the importance of considering cultural and legal differences across countries[1][5].

  3. Diverse Approaches to ADR: The book showcases different permutations of ADR, allowing each dispute to be handled in a manner most fitting to the circumstances. It discusses the interests involved, the need to avoid public displays of differences, and the wish to anticipate problems[5].

  4. Cultural and Legal Considerations: Contributors from various countries explore how ADR serves important considerations such as cultural sensitivity, legal frameworks, and the need for efficient dispute resolution[1][5].

Plot Summary

The book provides an in-depth look at ADR as a means of resolving business disputes. It draws upon diverse approaches and expert insights from around the world to explore the situations to which ADR lends itself. The authors highlight the achievements of ADR and its possibilities in resolving international business disputes, emphasizing its role in maintaining business relationships and avoiding public conflicts[1][2][5].

Critical Reception

While specific reviews are not provided in the search results, the book is described as an excellent resource for those studying or working in the field of ADR. It is noted for its comprehensive coverage of ADR practices and issues across different countries and cultures, making it a valuable addition to the literature on international business dispute resolution[3][4].

Book Details

  • Publisher: Kluwer Law International
  • Format: Hardcover
  • Price: US$ 136.61 (used)
  • Availability: Available on various bookstores and online platforms[3][5].

Overall, "ADR in Business: Practice and Issues Across Countries and Cultures" is a seminal work that provides a detailed examination of ADR in the context of international business disputes. It offers a rich understanding of the diverse approaches and cultural considerations involved in using ADR to resolve business conflicts.