Dispute avoidance is not generally on the mind of businesses and their in-house legal counsel until a dispute hits. This book deals with the prevention of disputes and their settlement through two specific methods: Dispute Boards and Expert Determination. These two methods are often used by the international business community to reduce the risk of being involved in long and complex factual disputes.
Thirteen international experts share their knowledge and their experience on the impact of applicable law, contract law issues, procedural issues and the relationship between Expert Determination or Dispute Boards on the one hand and litigation and arbitration on the other.
Specific topics dealt with in the book include the challenges of Expert Determination in M&A transactions, Expert Determination by Accounting firms including real-life examples as well as the 2015 ICC Dispute Board Rules, the settlement of disputes including under the FIDIC forms of contract and recent case law on Dispute Boards.
| Code ISBN : | 978-92-842-0431-1 |
| Language : | English |
· Foreword: Yves Derains
· Introduction: Paul-A Gélinas
· Chapter
1. Binding Advice: P.E. Ernste
2. Expert Determination: Clive Freedman FCIArb, FBCS
3. Challenges of Expert Determination in M&A Transactions: Mauricio Almeida Prado
4. Expert Determination by Accounting Firms: Fabienne Borde
5. Independence and Impartiality of Experts in Expert Determination Proceedings: Crenguta Leaua
6. History and Overview of Dispute Boards Around the World: Richard Appuhn
7. The 2015 ICC Dispute Boards Rules: Andrea Carlevaris
8. Dispute Boards in Practice as Prevention of Dispute and Complement to Arbitration: Pierre M. Genton
9. Settlement of Dispute Under FIDIC Forms of Contract: Aisha Nadar
10. Dispute Boards: James Perry
11. Balancing the Contract Terms and Governing Law in the Decision- Making Process by Dispute Boards: Antonio Crivellaro
12. Recent Case Law on Dispute Boards: Christopher R. Seppälä
· Concluding Remarks: Filip De Ly
· About the Authors
· Index
· Cases
· ICC Dispute Resolution Publications
Mauricio Almeida Prado
Richard Appuhn
Fabienne Borde
Antonio Crivellaro
Andrea Carlevaris
Filip De Ly
Pauline Ernste
Clive Freedman FCIArb, FBCS
Pierre Genton
Paul-A Gélinas
Dr. Crenguta Leaua
Aisha Nadar
Christopher R. Seppälä
James Perry