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Dispute Prevention and Settlement through Expert Determination and Dispute Boards

Dispute Prevention and Settlement through Expert Determination and Dispute Boards

Author: Filip De Ly; Paul-A Gelinas
Publisher: Kluwer Law International
ISBN: 9789041194251
Published In: December 2017
Format: Paperback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 955.36

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Description
Contents

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.

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