Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2007)

Series:

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
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Biographical Note

Arthur W. Rovine, LLB (1961) Harvard Law School, Ph.D (1966), International Relations and Law, Columbia University. International arbitrator, Director of the Fordham Law School Conference on International Arbitration. Former Chairman of the International Law Section of the American Bar Association; former President of the American Society of International Law.

Table of contents

Part I: Investor-State Arbitration
Applicable Law in Investor-State Arbitration, Antonio R. Parra

Fair and Equitable Treatment: Fairly and Equitably Applied
in Lieu of Unlawful Indirect Expropriation, Lucy Reed and Daina Bray

In Search of the Frontiers of Indirect Expropriation, Brigitte Stern

Understanding Performance Requirement Prohibitions in
Investment Treaties, Barton Legum

Damages in Investor-State Arbitration,
Hon. Charles N. Brower and Michael Ottolenghi

Part II: Conduct of International Arbitration and Jurisdictional Issues
How Proceedings Are Managed Up to the Hearing, Yves Derains

The Conduct of Substantive Hearings in International
Arbitrations: What Approach Should an Arbitrator Adopt? Judith Gill

Anti-Foreign-Suit Injunctions to Enforce Arbitration
Agreements, John J. Barcelo III

Contemporary Issues in International Arbitration and Mediation
Similarity in the Eye of the Beholder: Revisiting the
Application of Rules Governing Jurisdictional Conflicts in the
Lauder/CME Cases, Yuval Shany

Extended Jurisdiction Under Arbitration Agreements—A
Threat to Effective Dispute Resolution, Jonas Benedictsson

Part III: Remedies and Defenses
When Should International Arbitrators Award Punitive
Damages? Julian D.M. Lew QC

Non-Pecuniary Remedies: The Practice of Declaratory Relief
and Specific Performance in International Commercial
Arbitration, Sigvard Jarvin

Injunctions, Justice Richard M. Mosk

Defenses to the Enforcement of an International Arbitration
Award Based Upon Non-Arbitrability or a Set-Aside of the
Award Where It Was Made, Robert B. Davidson

Part IV: Ethics Issues in International Arbitration
Recent Developments in Arbitrator Disclosure Law and
Practice, James H. Carter

Arbitrator Bias: How U.S. Courts Are Reacting to the
Parties’ Choice of Ethics Codes for Arbitrators and the
Implications, Lorraine Brennan

Claims Against Arbitrators for Breach of Ethical Duties,
Michael Hwang, Katie Chung, and Fong Lee Cheng

Part V: Mediation
Mediation Ethics: A Proposed Analytical Framework, Kathleen M. Scanlon

Critical Components for Mediation Training, Hon. Fern Smith

The Explosive Growth of International Mediation, Robert B. Davidson

Mediation and Its Uses Beyond the Obvious, Jon Lang

International Mediation, Eileen Carroll

Mediation in Hong Kong, Norris Yang

A Note on Institutional and Ad Hoc Mediation, Mercedes Tarrazon

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