The 2012 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2012 Fordham Law School Conference on International Arbitration and Mediation, held in London. The 22 papers are organized into the following five parts:
Keynote Presentation by Charles N. Brower, Michael Pulos and Charles B. Rosenberg
Part I: Investor-State Arbitration by Christoph Schreuer, Philippe Sands, Sam Wordsworth, Barton Legum, Gauthier Vannieuwenhuyse, Jarrod Wong, Donald Francis Donovan
Part II: Arbitration of International Financial Disputes by Kenneth M. Kramer, Mark Kantor, Edna Sussman, Jennifer L. Gorskie
Part III: Arbitration of International Construction Disputes by C. Mark Baker, Lucy Greenwood, Louis B. Kimmelman, Suyash Paliwal, C. Ryan Reetz, John W. Hinchey, Barbara Helene Steindl
Part IV: Arbitration in Asia
by Jessica Fei, Damien McDonald, Remington Huang, Michael Pryles, Lawrence Boo
Part V: Mediation
by Chris Newmark, Donna Ross, Nancy M. Thevenin
Arthur W. Rovine has been serving as an arbitrator in international cases under ICSID, NAFTA and AAA/ICDR since he retired from Baker & McKenzie in 2005. He is also the director of the International Arbitration Conference at Fordham Law School and an adjunct professor of law at Fordham Law School.
Contents
Contributors
List of Abbreviations
Acronyms
Keynote Presentation
So is there Anything Really Wrong with International arbitration as we Know It?
Charles N. Brower, Michael Pulos and Charles B. Rosenberg
Part I: Investor-State Arbitration
Nationality Planning
by Christoph Schreuer
Conflict and Conflicts in Investment Treaty Arbitration: Ethical Standards for Counsel
by Philippe Sands
Some Thoughts on Applicable Law and Interpretation
by Sam Wordsworth
Document Disclosure in Investment Arbitration
by Barton Legum and Gauthier Vannieuwenhuyse
The Mis-Apprehension of Moral Damages in Investor-State Arbitration
by Jarrod Wong
Provisional Measures in the ICJ and ICSID: Further Dialogue and Development
by Donald Francis Donovan
Part II: Arbitration of International Financial Disputes
Complex International Financial Disputes-Is Arbitration the Answer
by Kenneth M. Kramer
ABACLAT: An Aberration?
by Mark Kantor
Capturing the Benefits of Arbitration for Cross Border Insolvency Disputes
by Edna Sussman and Jennifer L. Gorskie
Part III: Arbitration of International Construction Disputes
In Search of an Exemplary International Construction Arbitration
by C. Mark Baker and Lucy Greenwood
How to Make a Project Come Alive for a Tribunal: The Use of Demonstrative Evidence in International Construction Arbitration
by Louis B. Kimmelman and Suyash Paliwal
Public Policy and International Construction Arbitration
by C. Ryan Reetz
Fast-Track International Construction Arbitrations
by John W. Hinchey
The Emergency Arbitrator in International Construction Arbitration
by Barbara Helene Steindl
Part IV: Arbitration in Asia
Arbitration with Chinese Characteristics (有中国特色的仲裁)
by Jessica Fei and Damien McDonald
Issues on Challenge to Arbitrators in Taiwan
by Remington Huang
Singapore: The Hub of Arbitration in Asia
by Michael Pryles
Prescription and Relief: Is it a matter of Choice?
by Lawrence Boo
Part V: Mediation
Modifying the Mediation Model
by Chris Newmark
Med-Arb/Arb-Med: A More Efficient ADR Process or an Invitation to a Potential Ethical Disaster
by Donna Ross
Caucusing and the Cross-Cultural Divide
by Nancy M. Thevenin
Arbitrators, mediators, advocates, scholars, governments officials, international institutions, and students will find an invaluable new resource in Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2012.