Domke on Commercial Arbitration, 3d

Martin Domke, Larry Edmonson, Gabriel M Wilner

Binder/Looseleaf

Last Updated: 6/11/2009

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Description

Covers both domestic and foreign commercial arbitration. Includes references to federal statutes and arbitration rules and case law. Contains arbitration and litigation forms, checklists, illustrated examples and procedural outlines, American Arbitration Association rules, customs, and procedures. Encompasses alternative dispute resolution; statutes and rules; arbitration agreement; initiating arbitration; the arbitrator; arbitrability; court’s jurisdiction and directives; pre-hearing matters; evidence; hearing; award; re-opening or re-hearing; modifying or correcting award; confirming and enforcing award and agreement; intrastate enforcement of award; enforcement of agreements, awards and judgments in international transactions; enforcement of foreign awards in the U.S. and enforcement abroad of U.S. awards and judgments.

Features

Contains illustrated examples, procedural outlines, and explanatory text
Easy-to-use guide
Includes practice tips to guide you
Includes references to federal statutes, rules, and case law to reduce research time
Provides useful arbitration and litigation forms, plus checklists to save preparation and administrative time

Summary Of Contents

Summary of Contents (PDF) »

Volume 1
- Part I - The Nature of Commercial Arbitration
  Chapter
  1. Commercial Arbitration as a Method of Dispute Settlement
  2. A Brief History of Commercial Arbitration
  3. Useful Definitions of Alternative Dispute Settlement Procedures
  4. The Use of Commercial Arbitration
  5. Overview of Ethical Considerations
- Part II - The Development of Commercial Arbitration Law
  1. Common-Law Arbitration
  2. Statutory Arbitration Law
- Part III - The Arbitration Agreement
  1. Contents of the Arbitration Agreement
  2. Statutory Requirements of the Arbitration Agreement
  3. Incorporation by Reference
  4. Effect of Invalidity
  5. Effect of Events Subsequent to Conclusion of Contract
  6. Effects of Agreement on Others
  7. Government Agencies
- Part IV - Arbitrability
  1. Scope of Arbitration Agreement
  2. Special Applications
- Part V - Initiation of Arbitration
  1. When to Invoke Arbitration
  2. The Demand for Arbitration
  3. Time Limits for Demanding Arbitration
  4. Place of Arbitration
- Part VI - Statutory Enforcement of Arbitration Agreements
  1. The Court's Jurisdiction
  2. Court Orders Compelling or Denying Arbitration
  3. Challenge to Enforcement of Arbitration Agreement
- Part VII - The Arbitrator
  1. Appointment of Arbitrator
  2. Qualification of Arbitrator
  3. Termination of Arbitrator's Authority
  4. Special Status of Arbitrator
  5. Preparation for Hearing
- Part VIII - Arbitration Hearings
  1. Conduct of Hearings
  2. Application of Law by the Arbitrator
- Part IX - Relief by Courts in Pending Arbitration
  1. Provisional Remedies
  2. Other Court Assistance in Arbitration
- Part X - The Award
  1. Substantive Requirements
  2. Procedural Requirements
  3. Remedies
  4. Effect on Later Arbitration
- Part XI - Challenge of the Award
  1. Nonjudicial Challenge of Award
  2. Judicial Challenge of Award
  3. Scope and Standard of Judicial Review of Challenged Awards
  4. Vacation, Modification and Clarification of Awards
- Part XII - Enforcement of Award: General
  1. The Unconfirmed Award
  2. Judicial Enforcement of the Award
  3. Intrastate Enforcement of Awards
  4. Effect of Judgment on Award
Volume 2
- Part XIII - Interstate Enforcement of Awards and Judgments on Awards
  1. Enforcement of Awards
  2. Enforcement of Judgments on Awards
- Part XIV - Cost and Expenses of the Arbitration
  1. Remuneration of Arbitrators
  2. Other Costs of the Arbitration
- Part XV - Enforcement of Arbitration Agreements, Awards and Judgments on Awards in International Transactions
  1. Enforcement of Arbitration Agreements in International Transactions
  2. Enforcement of Foreign Awards in the United States
  3. Enforcement Abroad of American Awards and of Judgments on Awards
- Part XVI - Interaction of Arbitration with Specialized Fields in the Law
  1. Bankruptcy

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