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Contemporary Issues and Innovations
Arbitration is a staple of international dispute resolution. Though the international community now has a plethora of courts and tribunals at its disposal, for numerous reasons international arbitration remains a central mechanism—perhaps even the central mechanism in third-party resolution of international commercial disputes. International Arbitration: Contemporary Issues and Innovations brings together some of the world’s most distinguished experts to examine important contemporary issues and trends in international arbitration. The volume offers a broad range of analysis beginning with current key procedural issues. Both Private and Public International Law are examined, including such topics as investor-state relations, arbitration in the law of the sea and human rights and investment arbitration.
Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is an ongoing Series devoted to international arbitration and mediation, written by leading figures in the field. Based on the papers of global experts who participate in the prestigious annual Fordham Law School Conference on International Arbitration and Mediation, volumes are organized into parts corresponding to critical conference themes and focus on both practical considerations and scholarly analyses.

Each unique volume is a valuable resource for anyone involved in investor-state and international commercial arbitration and mediation, including arbitrators, mediators, advocates, scholars, government officials, international institutions, educators, and students.

The series published an average of one volume per year over the last 5 years.

© Koninklijke Brill NV, Leiden, 2009 DOI: 10.1163/157180309X429669 Th e Law and Practice of International Courts and Tribunals 8 (2009) 91–113 brill.nl/lape Confl icting Decisions in International Arbitration Frank Spoorenberg* Partner, International Arbitration Group, Tavernier Tschanz, Geneva

In: The Law & Practice of International Courts and Tribunals
The 2008 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in international arbitration and mediation written by the prominent speakers at the 2008 Fordham Law School Conference on International Arbitration and Mediation.

The 24 papers are organized into the following six parts:
Part I: Investor-State Arbitration
Part II: Recent Significant Domestic Judicial Decisions Involving or Potentially Involving International Arbitration
Part III: Class Actions and Consolidation in International Arbitration
Part IV: Intellectual Property and Information Technology Issues in International Arbitration
Part V: Mediation: Issues, Solutions, and Expanding Applications

In Addressing Corruption Allegations in International Arbitration, Brody K. Greenwald and Jennifer A. Ivers provide a comprehensive overview of the key issues that arise in international arbitrations involving allegations of corruption by drawing upon their significant experience in these high-stakes cases, including in the only two reported investment treaty cases dismissed specifically as a result of corruption. Their monograph is a valuable resource that analyzes, among other things, the public policy against corruption, the requirements for establishing corruption, issues relating to the burden and standard of proof, how corruption has been proved in practice, and the legal consequences where corruption is established. Mr. Greenwald and Ms. Ivers also assess issues that arise where a sovereign State raises an arbitration defense based on alleged corruption, but does not prosecute the alleged wrongdoers in its domestic courts.
Review excerpts from the book on Scribd

International arbitration readily lends itself to a legal theory analysis. The fundamentally philosophical notions of autonomy and freedom are at the heart of its field of study. Similarly essential are the questions of legitimacy raised by the parties’ freedom to favor a private form of dispute resolution over national courts, to choose their judges, to tailor the procedure and to choose the applicable rules of law, and by the arbitrators’ freedom to determine their own jurisdiction, to shape the conduct of the proceedings and to choose the rules applicable to the dispute.

The present work, based on a Course given at The Hague Academy of International Law in the Summer 2007, identifies the philosophical postulates that underlie this field of study and shows their profound coherence and the practical consequences that follow from these postulates in the resolution of international disputes.
The 2007 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in international arbitration and mediation written by the prominent speakers at the 2007 Fordham Law School Conference on International Arbitration and Mediation.

The 24 papers are organized into the following five parts:
Part I: Investor-State Arbitration
Part II: Conduct of International Arbitration and Jurisdictional Issues
Part III: Remedies and Defenses
Part IV: Ethics Issues in International Arbitration
Part V: Mediation
Author: Sergey Budylin

DOI: 10.1163/157303509X406287 © Koninklijke Brill NV, Leiden, 2009 Review of Central and East European Law 34 (2009) 137-172 Judging the Arbiters: The Enforcement of International Arbitration Awards in Russia Sergey Budylin Abstract This article is devoted to the issue of the enforceability in

In: Review of Central and East European Law
The 2009 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in international arbitration and mediation written by the prominent speakers at the 2009 Fordham Law School Conference on International Arbitration and Mediation.

The 25 papers are organized into the following six parts:
Part I: Investor-State Arbitration
Part II: Arbitrator Ethics
Part III: Damages in International Commercial Arbitration
Part IV: The Theory and Philosophy of International Arbitration
Part V: Investor-State Mediation
Part VI: Mediation in the Context of Arbitration

No field of legal scholarship or practice operates in the world of private international law as continuously and pervasively as does international arbitration, commercial and investment alike. Arbitration’s dependence on private international law manifests itself throughout the life-cycle of arbitration, from the crafting of an enforceable arbitration agreement, through the entire arbitral process, to the time an award comes before a national court for annulment or for recognition and enforcement. Thus international arbitration provides both arbitral tribunals and courts with constant challenges.
Courts may come to the task already equipped with longstanding private international law assumptions, but international arbitrators must largely find their own way through the private international law thicket. Arbitrators and courts take guidance in their private international law inquiries from multiple sources: party agreement, institutional rules, treaties, the national law of competing jurisdictions and an abundance of “soft law”, some of which may even be regarded as expressing an international standard. In a world of this sort, private international law resourcefulness is fundamental.