Part 1 - Negotiations 1
1st Scenario The Contract 3
2nd Scenario The Dispute 7
3rd Scenario Developing Strategies 11
4th Scenario The Negotiations in The Hague: Morning Session 15
5th Scenario The Negotiations in The Hague: Afternoon Session 19
Part 2 - Mediation 25
6th Scenario The Proposal to Mediate (‘Getting to the Table’) 27
7th Scenario The Mediation - Phase 1: The Mediator’s Opening Statement and Conclusion of the Negotiation Agreement 33
8th Scenario The Mediation - Phase 2: The Parties’ Opening Presentations 37
9th Scenario The Mediation - Phase 2: Identifying Issues and Interests 41
10th Scenario The Mediation - Phase 3: Fixing the Agenda and Gathering Information 47
11th Scenario The Mediation - Phase 4: Generating Options for Settlement of the AX-100 Special Dispute (‘Group I’ Issues) and Bargaining 57
12th Scenario The Mediation - Phase 4: Restructuring the Future Business Relationship between NedTrans and ALT (‘Group Ⅱ’ Issues) 65
13th Scenario The Mediation - Phase 4: Mr Jaeggi’s Limits of Authority 71
14th Scenario The Mediation - Phase 5: Signing of the Settlement Agreement and Termination of the Mediation 75
15th Scenario Revocation of the Settlement Agreement (‘From Interests to Positions’) 77
Part 3 - Arbitration 81
16th Scenario The Commencement of the Arbitration 83
17th Scenario The Administration of the Statement of Claim by the German Institution of Arbitration (DIS) 87
18th Scenario The Respondent’s Reaction 89
19th Scenario Constitution of the Tribunal 91
20th Scenario Challenge of the Tribunal’s Jurisdiction 95
21st Scenario Interim Measures of Protection 101
22nd Scenario Settlement in Arbitration; Request for Postponement;Change of Ownership in one of the Parties 105
23rd Scenario Challenge of Arbitrator 107
24th Scenario The First Day of the Hearing: The Legal Issues (Ⅰ) 111
25th Scenario The First Day of the Hearing: The Legal Issues (Ⅱ) 119
26th Scenario The Second Day of the Hearing: Taking of Evidence 125
27th Scenario Deliberation of the Tribunal and Rendering of the Award 133
28th Scenario Request for Correction, Additional Award and Setting Aside of the Award 137
Glossary of Terms 145