The 2010 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 2010 Fordham Law School Conference on International Arbitration and Mediation.
The 24 papers are organized into the following five parts:
Part I: Investor-State Arbitration,
Charles N. Brower, Anke Meier, Maurice Mendelson QC, Brigitte Stern, W. Michael Reisman, Anna Vinnik, Christoph Schreuer. Part II: Key Issues in the U.S. Law of International Arbitration,
Thomas J. Stipanowich, George A. Bermann, Catherine A. Rogers, Ben H. Sheppard, Jr. Part III: Dispute Resolution by the World Trade Organization,
Andrew Shoyer, Kimberly Myers, Giorgio Sacerdoti, Greg Tereposky, Morgan Maguire, Richard O. Cunningham. Part IV: How Major Corporations View International Arbitration,
Siegfried H. Elsing, Stephen E. Smith, Roland Schroeder, Mike McIllwrath. Part V: International Mediation,
John Barkett, A. Timothy Martin, David H. Burt, Tai-Heng Cheng, Simeon Baum, Peter M. Wolrich, Suzanne Ulicny, Luis Martinez.
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.
Table of contents
Introduction: The 2010 Revision of the UNCITRAL Arbitration Rules,
Arthur W. Rovine
Part I: Investor-State Arbitration The Unsound “Plama Principle” and other Errors in Application of the Vienna Convention on the Law of Treaties,
Charles N. Brower and Anke Meier Issues Relating to the Identity of the Investor,
Prof. Maurice Mendelson QC The Scope of Investor Protection under the ICSID/BIT Mechanism: Recent Trends,
Brigitte Stern What Constitutes an Investment and Who Decides?
W. Michael Reisman and Anna Vinnik Interaction of International Tribunals and Domestic Courts in Investment Law,
Part II: Key Issues in the U.S. Law of International Arbitration Revelation and Reaction: The Struggle to Shape American Arbitration,
Thomas J. Stipanowich The Enforceability of the Arbitration Agreement: Who Decides and Under Whose Law?
George A. Bermann International Arbitration’s Public Realm,
Catherine A. Rogers Fortress U.S.A.: Two Troublesome Defenses against the Recognition and Enforcement of Foreign Arbitral Awards in the United States,
Ben H. Sheppard, Jr.
Part III: Dispute Resolution by the World Trade Organization The Use of Arbitration in Securing WTO Compliance,
Andrew Shoyer and Kimberly Myers Precedent in the Settlement of International Economic Disputes: the WTO and Investment Arbitration Models,
Giorgio Sacerdoti Utilizing WTO Law in Investor-State Arbitration,
Greg Tereposky and Morgan Maguire The Future of WTO Dispute Settlement: A Practitioner's Assessment,
Richard O. Cunningham
Part IV: How Major Corporations View International Arbitration On Babies and Bathwater: Keeping The Good (And Getting Rid Of The Bad) From the Company’s Perspective,
Siegfried H. Elsing Hot Issues in International Arbitration - a Corporate Perspective,
Stephen E. Smith Transparency in International Arbitration: What Are Arbitrators and Institutions Afraid Of?
Roland Schroeder and Mike McIllwrath
Part V: International Mediation Avoiding the Costs of International Commercial Arbitration: Is Mediation the Solution?
John Barkett International Mediation: An Evolving Market,
A. Timothy Martin Inside Counsel as Sophisticated Users of the Mediation Process,
David H. Burt International Mediation, Arbitration, and Innovation,
Tai-Heng Cheng Lessons from Russian Mediators,
Simeon Baum Resolution of Disputes by ICC Dispute Boards,
Peter M. Wolrich ICC ADR: Rules and Approaches for Reaching an Amicable Solution,
Suzanne Ulicny The International Centre for Dispute Resolution Mediation Practice,
The collection is of interest to those involved in investor-state and international commercial arbitration and mediation, including arbitrators, mediators, advocates, scholars, governments officials, international institutions, and students.