AAA Handbook on Commercial Arbitration

Erscheinungsjahr 2006
ISBN: 978-1-929446-47-6
Verlag: Juris

Buch, Englisch, 500 Seiten

The AAA Handbook on Commercial Arbitration assembles from the Dispute Resolution Journal - the flagship publication of the American Arbitration Association - and other sources, the leading professional writing in areas in which arbitration is likely to apply. The Handbook on Commercial Arbitration is succinct, comprehensive and a practical introduction to the use of arbitration in various fields, written by leading practitioners and scholars. It provides essential orientation and is a "must" for anyone with an interest in the field of arbitration. The Handbook also addresses various contemporary problems in arbitration law - such as the use of class action arbitration, the awarding of punitive damages in arbitration, and the selection of arbitrators and mediators.

The Handbook contains recent important articles written by authors who are recognized specialists in that area. Often the authors have both national and international reputations. The contributions cover a wide array of topics that are of substantial interest in the field and provide analytically thorough, professional, and practical answers to problems that have emerged in the field.
The articles were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration practice. All the major facets of the field are addressed. The articles provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.

Autoren/Hrsg.

Carbonneau, Thomas E.

Jaeggi, Jeanette A.

Inhaltsverzeichnis

Chapter One: Introduction to Arbitration
I. AAA Looks at the Next Century
Past, Present & Future: Building on 70 Years of Innovation
The AAA Looks to the 21st Century
By The American Arbitration Association
II. Top Developments of Last Decade
Top Ten Developments in Arbitration in the 1990s
By Stephen K. Huber & E. Wendy Trachte-Huber
III. The Fairness of Arbitration
Judging Arbitration: The Findings of Procedural Justice Research
By Deborah R. Hensler
IV. The Benefits of Business Arbitration
Commercial Arbitration: Winning Over the Skeptics
By Larry Engel
V. Identifying the Parties to an Arbitration
Agency, Alter Ego and Other Identity Issues Nonsignatories and Arbitration
By John M. Townsend
VI. Arbitration Agreements and Non-Signatories
What Arbitration Agreement? Compelling Non-Signatories to Arbitrate
By Charles Lee Eisen
Chapter Two: Arbitration Today — Recent Developments
I. Reassessing the Role of Arbitrators
Behind The Neutral: A Look at Provider Issues
By Thomas J. Stipanowich
II. The Consolidation of Arbitral Proceedings
Consolidated Arbitration: Will it Result in Increased Efficiency or an Affront to Party Autonomy?
By Michael F. Hoellering
III. New Techniques to Manage Complex Commercial Disputes
Streamlining Arbitration of the Complex Case
By John Wilkinson
Chapter Three: Drafting Arbitration Clauses and Agreements
I. Drafting Clauses for Consumer and Employment Arbitration
Specs & the Single Arbitration Clause
By Thomas W. Lyons
II. Careful Use of ‘Arising’ in Drafting Narrow Arbitration Clauses
Ambiguity in "Arising" Phrases: Caution for Drafters of Intended Narrow Arbitration Clauses
By Barry H. Garfinkel and James D. Fry
III. Arbitration Clauses and the Internet
Arbitration Clauses May Cure Internet Jurisdiction Woes
By Steven C. Bennett
IV. Drafting Effective Collective Bargaining Arbitration Agreements
Arbitration Agreements in the Wake of Wright: The Importance of Drafting
By Marshall H. Tanick
Chapter Four: Selecting Service Providers and Arbitrators

I. Conducting a Successful Arbitration
The Ten Commandments of Arbitration: Some Guidelines for Arbitrators
By Lee M. Finkel and Robert F. Oberstein
II. Effective Procedural Management in Arbitration
Administered vs. Non-Administered Arbitration
By Glen H. Spencer
III. The Benefits of Independent Arbitration Administration
Engalla’s Legacy to Arbitration: Why Independent Administration is Important
By Edward A. Dauer
IV. The Essential Qualities of an Arbitrator
Striving for Excellence
By Richard Mittenthal
V. Counsel’s Role in the Selection of an Arbitrator
Selecting the Arbitrator: What Counsel Can Do
By Francis O. Spalding
Chapter Five: Arbitration for Arbitrators
I. Attorneys Appearing Before Non-Attorney Arbitrators
Problems and Solutions: The Attorney and The Non-Attorney Arbitrator
By Raoul Drapeau
II. Issues Surrounding Party-Appointed Arbitrators
The Role of Party-Appointed Arbitrators
By Richard M. Mosk

III. Political Correctness—A Barrier to Arbitration Efficiency
The Problem of the "Politically Correct" Arbitrator
By Steven J. Stein
IV. Filling an Arbitrator Vacancy
When Arbitrator Vacancies Arise
By John Wilkinson

V. The Arbitrator’s Role: Questioning
What Kind of Questions Should Arbitrators Ask?
By Sharon T. Nelson
VI. Arbitrators Testifying in Court
Must They Be Required to Testify? Arbitrators in Court
By Norman M. Fera
Chapter Six: Preliminary Arbitral Proceedings

I. Preliminary Conferences: Setting Up the First Meetings
Setting Up The Preliminary Conference: The Tribunal’s Initial Communication to Counsel
By Tom Arnold

II. Discovery
Discovery in Arbitration: How Much is Enough?
By Alfred G. Feliu
III. The Power to Subpoena Third Parties for Prehearing Discovery
Arbitral Subpoena Powers and Prehearing Discovery
By Paul M. Lurie
IV. Procedural and Interim Orders
The Arbitrator’s Power to Issue: Procedural and Interim Orders
By Donald Francis Donovan
Chapter Seven: Effective Arbitrations

I. Preparing Witnesses
Preparing a Witness for Arbitration
By Daniel I. Small
II. Expert Testimony
When Experts Testify: Exploiting the Advantages of Arbitration
By Norman Brand
III. Tandem Witnesses
Innovations in Arbitration: Using the Tandem Witness Examination When Experts Collide
By Stanley P. Sklar
IV. Effective Cross-Examination in Arbitration
Managing Cross-Examination: The Arbitrator’s Perspective
By William L.D. Barrett
V. Improving Presentation to Win at Arbitration
Presentation Skills: A Quick Reference Guide for Advocates
By Morley R. Gorsky
Chapter Eight: Arbitration and Professional Responsibility

I. Arbitration Confidentiality
Confidentiality During and After Arbitration
By Edward Dolido
II. The Use of Sanctions in Arbitration
Sanctions & Arbitration Proceedings
By Georgene M. Vairo
III. Attorney-Client Privilege
The Attorney-Client Privilege and Arbitration
By James H. Carter
Chapter Nine: Arbitral Awards

I. Writing Arbitration Awards
The Art of Communicating Arbitral Judgments:

By Charles J. Coleman and Gladys Gershenfeld

II. Arbitrators’ Broad Authority to Grant Remedies
Another Look at Remedies in Arbitration
By Harvey Berman
III. Punitive Damages
Punitive Damages in Arbitration: The Debate Continues
By Lorenzo Marinuzzi
IV. Clarifying An Award: The Third Circuit’s View
Remanding an Award for Clarification: A Common Sense Approach to Functus Officio
By Richard H. Porter

V. ‘Final’ Interim Awards for Liability
The "Finality" Principle and Partial Awards
By John Wilkinson
VI. Post-Decision Debriefing—Point and Counter-Point
The Case For Post-Decision Debriefing in Arbitration
By David J. Hickton and Kelly B. Bakayza

The Case Against Post-Decision Debriefing in Arbitration
By Steven A. Arbittier
Chapter Ten: Arbitration and Court Proceedings

I. Venue Under the FAA
Lessons From the High Court’s Broad Reading of FAA Venue
By Cary R. Singletary

II. Waivers
Waiver of the Contractual Right to Arbitrate
By Terry L. Trantina
III. State Arbitration Law
Does State Arbitration Law Matter at All?
Part I: Federal Preemption
By Alan Scott Rau
Does State Arbitration Law Matter at All?

Part II: A Continuing Role for State Law
By Alan Scott Rau
Chapter Eleven: Judicial Review of Arbitration
I. A Discussion in Two-Parts of Judicial Review of Arbitration
Part I- Contractual Expansion & Limitation of Judicial Review of Arbitral Awards
By Kenneth M. Curtin
Part II- Contractual Expansion & Limitation of Judicial Review of Arbitral Awards
By Kenneth M. Curtin
II. Judicial Review and Arbitration
Can Arbitration Coexist With Judicial Review: A Critique of LaPine v. Kyocera
By Andreas F. Lowenfeld
Index

Über Autor(innen)

Thomas E. Carbonneau is the Samuel P. Orlando Distinguished Professor of Law at Penn State's Dickinson School of Law. Professor Carbonneau is commonly regarded as one of the world’s leading experts on domestic and international arbitration. He serves on the editorial board of La Revue de L'Arbitrage and is the author of ten highly acclaimed books and 75 scholarly and professional articles on arbitration. Professor Carbonneau and was formerly the Moise S. Steeg Jr. Professor of International Law at Tulane University School of Law.

Jeanette A. Jaeggi was the former Executive Director of Penn State University’s Institute for Arbitration Law and Practice. She was the Editor in Chief of the Journal of American Arbitration.