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Expert determination clauses in contracts providing for international arbitration: what happens when the expert's decision is not final and binding?

Article Abstract:

The article examines the ad hoc expert clauses in international contracts and the issues that may arise due to lack of a specific mechanism to deal with a party's objections to the expert's decision or unwillingness to comply with it. It recommends careful drafting of expert determination clauses in contracts providing for international arbitration to tackle such problems.

Author: Santens, Ank A.
Publisher: Aspen Publishers, Inc.
Publication Name: Arbitration International
Subject: Law
ISSN: 0957-0411
Year: 2007
Arbitration (Administrative law), Administrative arbitration

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Taking the best from mediation regulations: the EC Mediations Directive and the Austrian Mediation Act

Article Abstract:

The article examines the Austrian Mediation Act with regard to implementing mediation in its legal system and its compliance with the EC Mediations Directive. Both are concluded to be sound tools effectively promoting the use of mediation with scopes for improvement.

Author: Knotzl, Bettina, Zach, Evelyn
Publisher: Aspen Publishers, Inc.
Publication Name: Arbitration International
Subject: Law
ISSN: 0957-0411
Year: 2007
Interpretation and construction, Dispute resolution (Law)

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Subjects list: Austria, Laws, regulations and rules, Government regulation, International mediation, Law overview
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