NCJ Number
99662
Date Published
1985
Length
408 pages
Annotation
In contrasting commercial arbitration with judicial resolution of disputes and institutional arbitration with ad hoc arbitration, the monograph assists corporation counsel in deciding whether arbitration is in the corporation's best interest and if so, what kind of arbitration would be preferable.
Abstract
Should arbitration be favored, the monograph provides detailed guidance on drafting the arbitration agreement, including considerations in choosing the elements to be included in an arbitration clause. A discussion of the enforcement of the arbitration agreement encompasses governing law, procedures for enforcing arbitration clauses, and arguments that can be raised in opposing the enforcement of an arbitration agreement. Practical guidance on how an arbitration should be commenced and conducted covers the selection of the arbitrator, prehearing procedures, the presentation of a case in arbitration, and the characteristics of arbitration proceedings. How the arbitration award can be enforced, modified, or vacated is considered, followed by an explanation of the pros and cons of international arbitration. International arbitration is contrasted with domestic arbitration. A discussion of the arbitration of consumer disputes reviews the nature of such disputes, sources of authority for such disputes, and examples of arbitration procedures in consumer disputes. A total of 104 arbitration forms are provided, and various source materials are included.