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Commercial ADR Tools
Are predispute binding arbitration clauses in nursing home contracts against personal injury or wrongful death claims per se unconscionable? The West ...
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Posted in: Advocacy in ADR, Arbitration, Clauses, Commentary, Construction, State ADR, Commercial ADR Tools, Clause Drafting, Multi-party, ADR Policy, ADR Procedures
A new New York state report on reforming litigation relies in part on ADR to help fix the problems.
The June 20 Chief Judge’s Task Force on ...
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Posted in: Advocacy in ADR, Arbitration, Court ADR, International, Mediation, Provider Organizations, State ADR, Systems Design, Commercial ADR Tools, ADR Policy, ADR Procedures, ADR Rules
Andrew R. (Drew) Byers
1946 – 2011
This tribute to Drew Byers was prepared by Donald S. Trevarthen. He is Director, Division Counsel a...
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The Metropolitan Corporate Counsel (MCC)
SPECIAL SECTION ADR
August 2011
by Kathy Bryan
The Editor interviews Kathy Bryan, President and CEO, ...
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Posted in: Advocacy in ADR, Arbitration, Banking & Financial Services, Construction, Corporate Protocol, Discovery, Diversity, e-Discovery, Employment, Franchise, International, Mass Claims, Mediation, Patent/Trademark, Product Liability, CPR in the News, Commercial ADR Tools, Early Case Assessment, ADR Policy, ADR Procedures, ADR Protocols
“As so very often, the key lies in a proper balance: est modus in rebus. To ensure that international arbitration continues to be an effective method of resolving commercial disputes, all players must share responsibility in maintaining that balance.” 1
Anne Marie Whitesell
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IDN Episode No. 99, featuring Gary Born, a partner and chairman of the International Arbitration Group at Wilmer Cutler Pickering Hale and Dorr in London, discussing a pledge that would make arbitration the default dispute resolution process in international commercial matters.
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The Protocol on Determination of Damages in Arbitration has as its purpose providing guidance to arbitrators, counsel and their clients concerning the efficient and fair development and presentation of damages evidence in arbitration proceedings.
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The CPR Protocol addresses concerns often expressed by users of arbitration, that there is, particularly in disputes involving parties of different nations, a lack of predictability in the ways in which the arbitration proceedings are conducted and that arbitration is becoming increasingly more complex, costly and time-consuming. The Protocol addresses these concerns by providing guidance in the form of recommendations as to practices that arbitrators may follow in administering proceedings before them, including proceedings conducted under the CPR Rules or under other ad hoc or institutional rules. The practices recommended deal with ways in which reasonable limitations may be placed on disclosure and efficiencies gained in the presentation of witness testimony in arbitration hearings.
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CPR presents in this booklet a suite of practice materials that will explain some of the wide variety of available processes for prevention, control and early resolution of disputes, and provide useful practice information on how these processes can best be deployed to advantage in the negotiation and drafting of business agreements and corporate governance protocols.
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This Briefing offers information about the use of Dispute Review Boards (DRBs) and other Standing Neutrals, which have proven so successful in managing conflict in construction projects.
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