Some years ago, a young law student asked an experienced arbitration practitioner how he could become a good international arbitrator. After a pause, the practitioner answered: "Oh, that's no problem; you just have to survive the first thirty years!"
This answer reflects a basic dilemma of international arbitration and ADR: In this area much more than in any other field of international business law, a sound legal knowledge and comparative mindset is not enough. Success as a practicing mediator, arbitrator or counsel requires a good mixture of legal knowledge, practical experience, common sense, commercial thinking and natural skills. While the first may be learned at law school and the latter may be inherited by nature, practical experience, commercial thinking and reputation can only be acquired over a long period of time.
But how can you access the world of private dispute resolution and have your own experience?
Negotiations, mediations and arbitrations are by their very nature secret proceedings. You cannot go down to the place where they are held, join in the back-rows and simply learn by watching as you can in court litigation. Therefore, it is very difficult for law students and young aspiring practitioners to learn directly about the practice and psychologies of private dispute resolution in international business.
Furthermore, the growth of international business, the global allocation of multinational law firms, the introduction of “pro-active conflict management” in law departments of multinational companies and the creation of dispute resolution practice groups in most multinational law firms has led to a worldwide expansion of international commercial ADR and arbitration. However, teaching and education in this field have not yet met with their actual popularity and importance. Still there are only few courses given on the subject, few practical casebooks written and there are only very few teaching materials available for lectures which cover not only the law but also the practical skills involved in private dispute resolution in international business.
This project is intended to fill this gap. Its aim is to allow anybody to step behind the scenes of the fascinating world of international arbitration and ADR. Written for law students and young practitioners and intended to be used in law school courses, summer schools and in-house training courses of law firms, companies and arbitral institutions, it is based on an interactive learning concept which combines a casebook, a DVD-ROM and an internet homepage. The DVD-ROM contains the documents, materials and working aids referred to in the book. It also presents highly realistic video films of the negotiation, mediation and arbitration hearings which are conducted by well renowned international practitioners and relate to the Case Study which constitutes Vol. I of this project.
The fact that a single business dispute is run through three different dispute resolution scenarios (negotiation, mediation, arbitration) allows unique on-screen comparisons between these dispute resolution scenarios. This will ensure a much better and deeper understanding of the differences but also of the similarities of these processes.