Arbitration: Essential Concepts

by Steven C. Bennett

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Most lawyers and business professionals will, sooner or later, encounter arbitration. Yet despite its widespread use, arbitration is still not always well understood. Though many people have some familiarity with it, few have mastered its central ideas and methods.

Arbitration: Essential Concepts is a comprehensive introduction, intended to help you approach your next arbitration-related issue with increased confidence and insight. It is also a shelf reference, providing an instant refresher on important topics whenever the need arises.

This helpful resource not only explains the law, its history and relevant cases, but also offers extensive practical guidance. You'll find out how to construct an arbitration clause, how to decipher relevant statutes, and conduct an arbitration—as well as how to deal with post-arbitration issues. The book also discusses the differences between various types of arbitration, including labor and employment, securities and international arbitration.

Whether you are seeking a deeper understanding of the arbitration process or simply need a primer on the field, you will find Arbitration: Essential Concepts immensely useful.

Book #ALM09; softcover, one volume, 209 pages; published in 2002.
ISBN: 978-0-9705970-8-3

This title is available in digital format. Downloadable PDF included in your purchase.
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  • Availability: Available
  • Brand: ALM Publishing
  • Product Type: Books
  • Edition: 1
  • Page Count: 209
  • ISBN: 9780970597083
  • Pub#/SKU#: ALM 09
  • Volume(s): 1

Author Image
  • Steven C. Bennett
Steven Bennett is a partner in the Trial Practice Section of the law firm Jones Day and an Adjunct Professor at Rutgers School of Law. He also co-authors the Arbitration column in the New York Law Journal and is a me. He also co-authors the Arbitration column in the New York Law Journal and is a member of the Large Case Advisory Committee at the American Arbitration Association.

Chapter 1: Introduction to and a Brief History of Arbitration
Arbitration as a Form of ADR
Sponsoring Organizations
Why Arbitrate?
Not a Panacea
A Brief History

Chapter 2: Domestic Arbitration Statutes
The Federal Arbitration Act
The Uniform Arbitration Act
The Revised Uniform Arbitration Act

Chapter 3: The American Arbitration Association Commercial Arbitration Rules
Arbitration Clause
Sources of Rules for Arbitration
Selection of an Arbitrator
Initial Proceedings
Discovery and Evidence
The Conduct of Hearings
The Award
Court Proceedings
Fees, Expenses and Arbitrator Compensation

Chapter 4: Fundamental Legal Concepts
The Contractual Nature of Arbitration
The Principle of Separability
Scope of Submission to Arbitration
Contractual Inarbitrability
Substantive Inarbitrability and Public Policy Limits on Arbitration
Who Decides Issues of Arbitrability?
What Law Applies to the Implementation of an Arbitration Agreement?
What Law Must an Arbitrator Apply?
Unconscionable Arbitration Agreements

Chapter 5: Constructing an Arbitration Clause
Basic Issues
Additional Considerations

Chapter 6: Conducting an Arbitration
Preserving the Right to Arbitrate
Commencing an Arbitration
Hearing Procedures

Chapter 7: Confirming and Vacating Arbitration Awards
Procedural Considerations
Substantive Issues
Post-Review Proceedings

Chapter 8: International Arbitration
The New York Convention
The Federal Arbitration Act
Sample Arbitration Rules
Cross-Cultural Perspectives
Discovery and Hearing Rules of Major Arbitration Organizations

Chapter 9: Labor, Employment, Consumer and Securities Arbitration
Labor Arbitration
Employment Arbitration
Consumer Arbitration
Securities Arbitration

Chapter 10: Ethics and Professional Responsibility in Arbitration
Sources of Rules
Unauthorized Practice of Law
Unethical and Unprofessional Behavior During the Course of Arbitration
Ethical Standards for Arbitrator Behavior
Special Role of Party-Appointed Arbitrators
Ethical Issues in International Arbitration
Confidentiality Restrictions