Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2012)

Series:

The 2012 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 2012 Fordham Law School Conference on International Arbitration and Mediation, held in London. The 22 papers are organized into the following five parts:

Keynote Presentation by Charles N. Brower, Michael Pulos and Charles B. Rosenberg

Part I: Investor-State Arbitration by Christoph Schreuer, Philippe Sands, Sam Wordsworth, Barton Legum, Gauthier Vannieuwenhuyse, Jarrod Wong, Donald Francis Donovan

Part II: Arbitration of International Financial Disputes by Kenneth M. Kramer, Mark Kantor, Edna Sussman, Jennifer L. Gorskie

Part III: Arbitration of International Construction Disputes by C. Mark Baker, Lucy Greenwood, Louis B. Kimmelman, Suyash Paliwal, C. Ryan Reetz, John W. Hinchey, Barbara Helene Steindl

Part IV: Arbitration in Asia
by Jessica Fei, Damien McDonald, Remington Huang, Michael Pryles, Lawrence Boo

Part V: Mediation
by Chris Newmark, Donna Ross, Nancy M. Thevenin
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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

Contents

Contributors

List of Abbreviations

Acronyms

Keynote Presentation

So is there Anything Really Wrong with International arbitration as we Know It?
Charles N. Brower, Michael Pulos and Charles B. Rosenberg

Part I: Investor-State Arbitration

Nationality Planning
by Christoph Schreuer

Conflict and Conflicts in Investment Treaty Arbitration: Ethical Standards for Counsel
by Philippe Sands

Some Thoughts on Applicable Law and Interpretation
by Sam Wordsworth

Document Disclosure in Investment Arbitration
by Barton Legum and Gauthier Vannieuwenhuyse

The Mis-Apprehension of Moral Damages in Investor-State Arbitration
by Jarrod Wong

Provisional Measures in the ICJ and ICSID: Further Dialogue and Development
by Donald Francis Donovan

Part II: Arbitration of International Financial Disputes

Complex International Financial Disputes-Is Arbitration the Answer
by Kenneth M. Kramer

ABACLAT: An Aberration?
by Mark Kantor

Capturing the Benefits of Arbitration for Cross Border Insolvency Disputes
by Edna Sussman and Jennifer L. Gorskie

Part III: Arbitration of International Construction Disputes

In Search of an Exemplary International Construction Arbitration
by C. Mark Baker and Lucy Greenwood

How to Make a Project Come Alive for a Tribunal: The Use of Demonstrative Evidence in International Construction Arbitration
by Louis B. Kimmelman and Suyash Paliwal

Public Policy and International Construction Arbitration
by C. Ryan Reetz

Fast-Track International Construction Arbitrations
by John W. Hinchey

The Emergency Arbitrator in International Construction Arbitration
by Barbara Helene Steindl

Part IV: Arbitration in Asia

Arbitration with Chinese Characteristics (有中国特色的仲裁)
by Jessica Fei and Damien McDonald

Issues on Challenge to Arbitrators in Taiwan
by Remington Huang

Singapore: The Hub of Arbitration in Asia
by Michael Pryles

Prescription and Relief: Is it a matter of Choice?
by Lawrence Boo

Part V: Mediation

Modifying the Mediation Model
by Chris Newmark

Med-Arb/Arb-Med: A More Efficient ADR Process or an Invitation to a Potential Ethical Disaster
by Donna Ross

Caucusing and the Cross-Cultural Divide
by Nancy M. Thevenin

Readership

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 2012.

Information

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