Part 1 - Negotiations 1
1st Scenario The Contract 3
2nd Scenario The Dispute 17
3rd Scenario Developing Strategies 61
4th Scenario The Negotiations in The Hague: Morning Session 77
5th Scenario The Negotiations in The Hague: Afternoon Session 99
Part 2 - Mediation 115
6th Scenario The Proposal to Mediate (‘Getting to the Table’) 117
7th Scenario The Mediation - Phase 1: The Mediator’s Opening Statement and Conclusion of the Negotiation Agreement 163
8th Scenario The Mediation - Phase 2: The Parties’ Opening Presentations 185
9th Scenario The Mediation - Phase 2: Identifying Issues and Interests 193
10th Scenario The Mediation - Phase 3: Fixing the Agenda and Gathering Information 205
11th Scenario The Mediation - Phase 4: Generating Options for Settlement of the AX-100 Special Dispute (‘Group I’ Issues) and Bargaining 237
12th Scenario The Mediation - Phase 4: Restructuring the Future Business Relationship between NedTrans and ALT (‘Group Ⅱ’ Issues) 265
13th Scenario The Mediation - Phase 4: Mr Jaeggi’s Limits of Authority 277
14th Scenario The Mediation - Phase 5: Signing of the Settlement Agreement and Termination of the Mediation 285
15th Scenario Revocation of the Settlement Agreement (‘From Interests to Positions’) 289
Part 3 - Arbitration 301
16th Scenario The Commencement of the Arbitration 303
17th Scenario The Administration of the Statement of Claim by the German Institution of Arbitration (DIS) 379
18th Scenario The Respondent’s Reaction 391
19th Scenario Constitution of the Tribunal 401
20th Scenario Challenge of the Tribunal’s Jurisdiction 413
21st Scenario Interim Measures of Protection 453
22nd Scenario Settlement in Arbitration; Request for Postponement;Change of Ownership in One of the Parties 473
23rd Scenario Challenge of Arbitrator 495
24th Scenario The First Day of the Hearing: The Legal Issues (Ⅰ) 521
25th Scenario The First Day of the Hearing: The Legal Issues (Ⅱ) 557
26th Scenario The Second Day of the Hearing: Taking of Evidence 579
27th Scenario Deliberation of the Tribunal and Rendering of the Award 615
28th Scenario Request for Correction, Additional Award and Setting Aside of the Award 637
29th Scenario Enforcement of the Award 675
Bibliography 685
Subject Index 719