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Dispute Prevention and Settlement Through Expert Determination and Dispute Boards

Dispute Prevention and Settlement Through Expert Determination and Dispute Boards

Edited by Filip De Ly, Paul-A. Gelinas
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Softcover
$82.00

Softcover

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Overview

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 within 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.

Last Updated 11/06/2017
Product Line Kluwer Law International
ISBN 9789041194251
SKU 10059001-0001
Table of Contents

Foreword

Yves Derains

Introduction

Paul-A Gélinas

Binding Advice

P.E. Ernste

Expert Determination

Clive Freedman FCIArb, FBCS

Challenges of Expert Determination in M&A Transactions

Mauricio Almeida Prado

Expert Determination by Accounting Firms

Fabienne Borde

Independence and Impartiality of Experts in Expert Determination Proceedings

Crenguta Leaua

History and Overview of Dispute Boards Around the World

Richard Appuhn

The 2015 ICC Dispute Boards Rules

Andrea Carlevaris

Dispute Boards in Practice as Prevention of Dispute and Complement to Arbitration

Pierre M. Genton

Settlement of Disputes Under FIDIC Forms of Contract

Aisha Nadar

Dispute Boards

James Perry

Balancing the Contract Terms and Governing Law in the Decision-Making Process by Dispute Boards

Antonio Crivellaro

Recent Case Law on Dispute Boards

Christopher R. Seppälä

Concluding Remarks

Filip De Ly

About the Authors

Index

Cases

ICC Dispute Resolution Publications

Volumes