Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2011)


The 2011 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 2011 Fordham Law School Conference on International Arbitration and Mediation. The 26 papers are organized into the following five parts: Keynote Presentation: George Bermann Part I: Investor-State Arbitration, R. Doak Bishop, Margrete Stevens, Alexis Mourre, Lucy F. Reed, Giorgio Francesco Mandelli. Part II: Complex International Commercial Arbitration, Gerald Aksen, James E. Castello, Rocio Digon, Bernard Hanotiau, Dr. Julian D M Lew QC, Pedro J. Martinez-Fraga. Part III: New Rules in International Arbitration, Jason Fry, Victoria Shannon, Catherine Kessedjian, David W. Rivkin, Catherine A. Rogers, Arthur W. Rovine. Part IV: Arbitration in the BRIC Countries, Grant Hanessian, Joaquim de Paiva Muniz, Roman Khodykin, Zia Moody, Shreyas Jayasimha, Andrew Aglionby. Part V: Mediation, Simeon Baum, Jeremy Lack, Joseph T. McLaughlin, Jacqueline Nolan-Haley, Brian Speers, Colin Caughey, Nathan Witkin.
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Biographical Note

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

Contributors List of Abbreviations and Acronyms Keynote Presentation American Exceptionalism in International Arbitration George Bermann Part 1 Investor-State Arbitration A Systemic Perspective of the Foreign Investment Dispute Settlement System: Feedback, Adaptation and Stability R. Doak Bishop and Margrete Stevens Expropriation by Courts: Is it Expropriation or Denial of Justice? Alexis Mourre Adhoc or ad arbitrium? An audit of Recent ICSID Annulment Decisions Lucy F. Reed and Giorgio Francesco Mandelli Part II Complex International Commercial Arbitration Class Arbitration in the United States – Is It Gone? Gerald Aksen Maximizing Possibilities for Joinder in International Arbitration James E. Costello and Rocio Digon Groups of Companies and Groups of Contracts: A General Introduction Bernard Hanotiau Implications of the Dallah Case for International Commercial Arbitration Dr. Julian D M Lew QC Revisiting the Need for Uniformity in the Application of Res Judicata in International Commercial Arbitration and in Treaty-Based and in Treaty-Based Arbitration Pedro J. Martinez- Fraga Part III New Rules in International Arbitration The 2012 ICC Rules of Arbitration Jason Fry and Victoria Shannon The Proposed Arbitration Provisions in the Recast of Regulation 44/2001 Catherine Kessedjian The Revised IBA Rules on Taking of Evidence David W. Rivkin The Restatement as “New Rules” Catherine A. Rogers The 2010 Revision of the UNICITRAL Arbitration Rules Arthur W. Rovine Part IV Arbitration in the BRIC Countries BRICs, not CRIBs: the “Rebalancing” of International Arbitration Grant Hanessian The Current Framework of International Arbitration in Brazil Joaquim de Paiva Muniz Arbitration in Russia: A Hot Topic in a Cold Winter Roman Khodykin Recent Indian Developments relating to International Arbitration Zia Moody and Shreyas Jayasimha Notable Characteristics of Arbitration in China Andrew Aglionby Part V Mediation Hawking Our Wares in the Marketplace of Values – Sell Quality Not Cost When Promoting Mediation; the Interplay of Global Norms of Justice and Harmony in the Mediation Forum Simeon Baum The Neurophysiology of ADR and Process Design: A New Approach to Conflict Prevention and Resolution? Jeremy Lack Resolving and Settling Claims in the Financial Services Industry Through Mediation – An International Perspective Joseph T. McLaughlin Evolving Paths to Justice: Assessing the EU Directive on Mediation Jacqueline Nolan-Haley Commercial Mediation – A Further Legacy of the Northern Ireland Good Friday Agreement? Brian Speers and Colin Caughey Consensus Arbitration: Benefits and Application in Modern International Arbitration and Family Law Nathan Witkin Mediation: Geography and Institutions Francesca De Paolis


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.