Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2013)


The 2013 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 2013 Fordham Law School Conference on International Arbitration and Mediation. The 25 papers are organized into the following six parts:

Keynote Presentation by Gabrielle Kaufmann-Kohler

Part 1: Investor-State Arbitration by Andrea K. Bjorklund, Rudolf Dolzer, Abby Cohen Smutny, John Townsend

Part 2: Class Actions and Mass Claims by James Carter, John Crook, Christopher Drahozal, Veijo Heiskanen, Sandrine Giroud, Roman Khodykin, S.I. Strong

Part 3: Arbitration of International Disputes on Energy Issues by Arif Ali, Nigel Blackaby, Caline Mouawad, Sarah Vasani

Part 4: Investor-State Arbitration (2) by O. Thomas Johnson, Catherine H. Gibson, Mark McNeill, Laurence Shore, Robert Rothkopf, Todd Weiler

Part 5: The Arbitration of International Technology Disputes by Gary L. Benton, Rachel Koch, Thomas Halket, John Judge, Paul Klaas, Steven Reisberg

Part 6: Mediation by Elizabeth Birch, David Bristow, Hélène de Kovachich

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Arthur W. Rovine has been serving as an arbitrator in international cases under ICSID, NAFTA, PCA, and ICC/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.
Keynote Presentation
Multiple proceedings – New Challenges for the Settlement of Investment Disputes
Gabrielle Kaufmann-Kohler

Part I: Investor-State Arbitration

Constraints on Power and Authority in International Investment Arbitration by Andrea K. Bjorklund

Domestic Conformity Clauses in Investment Agreements: Their Role and Their Limits by Rudolf Dolzer

Investment Treaty Protections, Political Risk, and Tribunal Decision-Making by Abby Cohen Smutny

When the bit hits the FAA: U.S. Courts Confront Conditions Precedent in Bilateral Investment Treaties by John Townsend

Part II: Class Actions and Mass Claims

FRAND Arbitrations: How to Manage a New Mass Claim Problems by James Carter

Mass Claims in Practice – The Eritrea-Ethiopia Claims Commission by John Crook

The Supreme Court and Class Arbitration: There and Back Again by Christopher Drahozal

Consistency and Accuracy in International Mass Claims by Veijo Heiskanen and Sandrine Giroud 

Why is Class Arbitration Unpopular Across the Pond? by Roman Khodykin

Limits of Autonomy in International Investment Arbitration: Are Contractual Waivers of Mass Procedures Enforceable? by S.I. Strong

Part III: Arbitration of International Disputes on Energy Issues

Gas Pricing Disputes: Final and Binding Uncertainty by Arif Ali

Energy Investment Disputes in Latin America: A Historical Perspective by Nigel Blackaby

Energy Disputes In Times Of Civil Unrest: Transitional Governments and Foreign Investment Protections by Caline Mouawad and Sarah Vasani

Part IV: Investor-State Arbitration (2)

The Objections of Developed and Developing States to Investor-State Dispute Settlement, and What They Are Doing About Them by O. Thomas Johnson and Catherine H. Gibson

Investor-State Arbitration: States Can do More to Level the Playing Field by Mark McNeill

For Better or Worse, is there a Common Law of International Arbitration by Laurence Shore

Who, Then, Shall Judge?The Interpretation of International Investment Agreements and the Rule of International Law by Todd Weiler

Part V: The Arbitration of International Technology Disputes

The Android Wars: International Technology Arbitration in an Alternate Universe: A Case Study of Apple v. Samsung by Gary L. Benton and Rachel Koch

Arbitration, Antitrust and Intellectual Property: A Perfect Storm? by Thomas Halket

The Impact of Technology on International Arbitration and the Nature of Substantive Claims Asserted in International Arbitration by John Judge

Technical Expertise of Advocates and Arbitrators in International Technology Arbitrations: Benefit or Burden? by Paul Klaas

The Arbitrability of Patent Disputes by Steven Reisberg

Part VI: Mediation

Practical and Cultural Aspects of International Mediation by Elizabeth Birch

Preparation for the Mediation of a Complex Construction Dispute by David Bristow

The Judicial Medation Model of the Quebec Administrative Tribunal by Hélène de Kovachich
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 2013.
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