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Thursday, April 20, 2006

Licensed to publish Arbitration Decisions in The Official Monitor of Romania - Part I.


AGENTIA DE ARBITRAJ SI MEDIERE CONTRACTUALA-confidential
Str. Arh. Hirjeu nr. 10 sector 2. BUCURESTI, ROMANIA.
Tel.: 040.21.321-6125 Mobil: 040.724581078 sau 040.744654174
C.U.I : 14886254 ; Nr. Registrul Comertilui : J/9165/18.09.2002 JUSTITIE, AFACERI EXTERNE, APARARE NATIONALA.


ABOUT ARBITRATION :
Arbitration is a private process in which the parties submit their dispute for decision by a Judge. Arbitration can be voluntary or by contract. The decision of the arbitrator is usually binding, although in some cases the parties can submit to non-binding arbitration.

Arbitration often results in a legal ruling in less time and with less expense than when litigating in a public court.
Arbitration is an adversarial process. Attorneys often submit briefs and supporting documentation as they would for a court trial. Evidence, including witness testimony, documentary and physical evidence may be offered.
Before rendering a decision, the Judge weighs the evidence and the rule of law as in a public court. Arbitration decisions are usually given in writing within thirty days following the final hearing.

Arbitration can be cost effective by reducing the amount of time required to prepare and present a case and by having a decision rendered in a timely fashion.

Choose one Specialist to decide the issues as they arise.
If you have a complex dispute and there are many parties involved, you need a Special Master/Referee to decide issues as they arise. A Private Judge will be assigned to work with you on all issues until resolution. There's no reason you have to wait for months to get a decision on interim legal issues such as discovery and law and motion.
Choose a Referee to review confidential documents and decide whether they must be disclosed.

You may be part of a large lawsuit where many parties have been named, but many smaller disputes are anticipated in addition to the main issues.
The parties may have disagreements about whether they should exchange documents, whether any of those documents contain trade secrets or proprietary information. Your boss or client may not want to go to court because of fear the documents will be seen by competitors or others. An experienced Arbitration Judge is needed to confidentially review the documents and decide.
Choose a Special Master for disputes that involve many parties, when coordination is essential to find a fair outcome.
Example: A class action lawsuit has been filed and there are parties to the lawsuit in many parts of the country and lawyers in several jurisdictions may be involved. A respected, experienced, retired judge is needed to coordinate the case and help in selecting the best dispute resolution to fit the facts and needs of the parties. Choose a referee with skills in managing large group litigation.
MEDIATION
Mediation is a private voluntary process in which the Private Judge facilitates communication among and between parties to promote a settlement. The Judge does not make the decision on the relative responsibilities of the parties or damages to be paid by one party to the other.
Most mediations involve all parties to the dispute, along with their attorneys. Sometimes insurance representatives and other advisors are included. Issues and possible outcomes are discussed in a controlled and collaborative process. The Private Judge serves as an impartial, neutral, and balanced facilitator to insure that points of view are explored and possible settlement opportunities are fully explored.
In typical cases attorneys will submit briefs and supporting documentation for review before the settlement conference. Less complex cases can usually be settled with one "all-hands" conference in one day or less.
Mediation and settlement discussions are confidential under some governmental law. Statements that are made and positions that are taken in the course of mediation cannot be used in court should the case fail to settle.
Mediation can be particularly effective to peacefully settle disputes among people who have continuing business ties. Parties are free to explore creative options outside the adversarial process of litigation. Mediation is cost effective because settlement can often be reached early in the litigation process before large sums have been spent on discovery proceedings.
A mediated settlement can be reduced to written agreement that is enforceable in most jurisdictions.
*SCHEDULE OF FEES*
ARBITRATION CASE REVIEW
• The Arbitration Judge reviews your case documents and discusses settlement options.
• Fee: US $500 per party for up to 30 pages submission.
MEDIATION
• The Arbitration Judge works with parties to facilitate an agreement.
• Fee: US $2000 to US $5000 per party per day.

ARBITRATION - PROCEDURE
• The Arbitration Judge, after weighing the evidence and the law, renders a decision.
• Cases billed on a project basis, based on the time and complexity of the dispute.

Arbitration by international treaties.
• Cases billed on a project basis, based on the time and complexity of the dispute.
• Administration Fee: US $2,800.

Referee/ Special Master
• The Arbitration Judge will manage complex cases.
• Referee discovery, fact finding, pro tem, focus juries.
• Preside at private trial.
• Fees to be determined per task.


CONTACT:
Mircea Halaciuga, Esq. Arbitration Judge
European Commission Expert, Member Int'l Bar Association

arbitraj@aol.com
0040724581078
http://www.freewebs.com/arbitraj

1 comments:

Agentia de Arbitraj si Mediare Contractuala said...

International Bar Association (IBA)

Dear Legal Professional,

For a limited time, we are offering a 20% discount off the list price of $75, for our publication AAA Handbook on International Arbitration and ADR. Hurry, offer valid until April 5, 2007.

AAA Handbook on International Arbitration and ADR
Thomas E. Carbonneau and Jeanette A. Jaeggi, Editors
List Price: $75.00 500 pages. 1 Hardcover Volume. Index.Published May 2006.
ISBN:1-929446-45-4

For further information and to order
http://www.jurispub.com/books/book.php?id=258&m=em

To view the Table of Contents
http://www.jurispub.com/books/book.php?id=258&mode=toc

About the Editors:
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 is the editor-in-chief of two widely read and well-regarded professional publications, the World Arbitration and Mediation Report and the Journal of American Arbitration, and serves on the editorial board of La Revue de L’Arbitrage. In addition, he is the author of ten highly acclaimed books and 75 scholarly and professional articles on arbitration. Professor Carbonneau is 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.

About the Book:
The AAA Handbook on International Arbitration and ADR 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 and ADR are likely to apply. The Handbook on International Arbitration and ADR is succinct, comprehensive and a practical introduction to the use of arbitration and ADR 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 and ADR. The Handbook also addresses various contemporary problems in arbitration and ADR 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 and ADR 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.

TABLE OF CONTENTS

Introduction


Chapter One: Introduction to International Commercial Dispute Resolution
I. Choosing Arbitration or U.S. Courts

Arbitration or Litigation? ADR Issues in Transnational Disputes

By Richard H. Kreindler

II. International Arbitration: Evolving National Laws and Institutional Processes

International Commercial Arbitration: A Process under Review and Change
By John Beechey

III. AAA & International ADR: Balancing Traditional Methods and Innovation

International Commercial Dispute Resolution
By James H. Carter

IV. Common Law versus Civil Law

International Commercial Arbitration: Harmonizing Cultural Differences
By Dr. Julian D.M. Lew & Laurence Shore

V. Has the Time Come for a Truly Neutral Forum

Reconsidering a Court of International Arbitration
By Conrad K. Harper

Chapter Two: International Arbitrators and Institutions
I. The Influence of Courts and Arbitral Institutions

International Arbitration Agreements: A Look Behind the Scenes
By Michael F. Hoellering

II. Managing an International Arbitration

Managing International Arbitration:
A Shared Responsibility of the Parties, the Tribunal, and the Arbitral Institution
By David E. Wagoner

III. The International Arbitrator

The Role of the International Arbitrator
By Michael F. Hoellering

IV. The Feasibility of National/Regional Arbitration Centers

Selecting an Arbitral Institution to Administer International Arbitration:
Are National or Regional Centers a Viable Option?
By John B. Tieder Jr.

Chapter Three: International Arbitration Proceedings
I. How the AAA International Arbitration Program Works

Administering International Arbitration
Proceedings - Explanation of How the AAA’s Program Works
By Michael F. Hoellering

II. Party Autonomy

The Role of Party Autonomy in International Arbitration
By Karl-Heinz Böckstiegel

III. The Cost of International Arbitration

Costs in International Commercial Arbitration
By Murray L. Smith

IV. Evidence
Presenting, Taking and Evaluating Evidence in International Arbitration
By Karl-Heinz Böckstiegel

Chapter Four: The Enforcement of Arbitral Awards
I. Interim Relief

Interim Relief in International Arbitration - Enforcement Is a Substantial Problem
By David E. Wagoner

II. Enforcing Foreign Awards

Enforcing Foreign Arbitration Awards
By Elisabeth M. Senger-Weiss

III. Are Interlocutory Orders Arbitral Awards?

Interpreting the New York Convention:
When Should an Interlocutory Arbitral "Order" Be Treated As an "Award"?
By Marc J. Goldstein

IV. Parallel Proceedings

The Perils of Parallel Proceedings:
Is an Arbitration Award Enforceable if the Same Case Is Pending Elsewhere?
By Nadine Balkanyi-Nordmann

Chapter Five: Negotiation and Mediation
I. Negotiating in Good Faith

Good Faith in Negotiations
By David I. Bristow, Q.C. & Reva Seth

II. Mediation and International Intellectual Property Disputes

International Intellectual Property Dispute Resolution: Is Mediation a Sleeping Giant?
By Carmen Collar Fernandez & Jerry Spolter

III. Mediation in China

The Origins of Mediation in Traditional China
By Cao Pei

IV. Mediation in France

Mediation in France
By Emmanuel Gaillard & Jenny Edelstein

V. Court Annexed Mediation in Korea
Court-Connected Mediation in Korea
By Kwang-Taeck Woo

VI. NAFTA and Mediation

Mediation and the North American Free Trade Agreement
By Steven K. Andersen

Chapter Six: Investment Arbitration and Mediation
I. BITs

Bilateral Investment Treaties and Arbitration

By Dana H. Freyer, Barry H. Garfinkel & Hamid G. Gharavi

II. Efficient Resolution of Cross-Border Disputes
Saving Time and Money in Cross-Border Commercial Disputes
By Walter G. Gans

III. ADR and the World Trade Organization
WTO & ADR
By Frank W. Swacker, Kenneth R. Redden & Larry B. Wenger

IV. Arbitration Procedures for GATT/WTO
An Examination of GATT/WTO Arbitration Procedures
By Georgios I. Zekos

V. NAFTA Arbitration
Developments in Nafta Arbitration - From Jury Verdicts to Amicus Briefs
By John M. Townsend

Chapter Seven: Global Perspectives on Arbitration
I. U.S. Courts and International Arbitration Agreements
International Arbitration Agreements in United States Courts
By Ronald C. Peterson

II. British Courts

Adjudication and the British Courts
By Humphrey Lloyd

III. European Union Law

The Treatment of Arbitration under EU Law
By Georgios I. Zekos

IV. Canadian Arbitration Law
Some Analytical Jurisprudence on Canadian Arbitration Law
By Rodney C. Kyle

V. Chinese Arbitration
Arbitration in China - How China Organizes Arbitral Tribunals
By Sally A. Harpole

Index


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