Dispute Prevention and Settlement through Expert Determination and Dispute Boards

Arbitration / Mediation / Litigation

Dispute Prevention and Settlement through Expert Determination and Dispute Boards

Edited by Filip De Ly · Paul-A Gelinas
Kluwer Law International December 2017

Specifications

ISBN-13
9789041194251
Publisher
Kluwer Law International
Publication
December 2017
Format
Paperback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

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.

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
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