Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2015

Series:

The 2015 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 2015 Fordham Law School Conference on International Arbitration and Mediation. The papers are organized into the following parts:

Keynote Presentation by Hon. Stephen M. Schwebel
PART 1: Innovations in International Arbitration by Barru Leon, Sophie Lamn, Hon. William G. Bassler, William W. Park, and Josefa Sicard-Mirabal
PART 2: Investor-state Arbitration by Edward G. Kehoe, Klaus Reichert, Catherine Amirfar, Nicholas Fletcher QC, and Susan D. Franck
PART 3: The Confluence of EU Law and International Arbitration - Both Commercial and Investor-State by John Gaffney, Fidelma Macken SC, and Kaj Hober
PART 4: Corporate Issues by Wolfgang Peter, Thomas H. Lee, and Vera Korzun



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Biographical Note

Arthur W. Rovine has been serving as an arbitrator in international cases under ICSID, NAFTA, PCA, and ICC/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. He writes frequently on international arbitration.

Table of contents

Fordham Papers 2015
Table of Contents
Keynote Address
Hon. Stephen M. Schwebel – Outlook for the Continued Vitality, or Lack Thereof, of Investor-State Arbitration

I. INNOVATIONS IN INTERNATIONAL ARBITRATION

1. Barry Leon – Merit Appeals in International Arbitration: Undermining Arbitration or Facilitating True Party Autonomy

2. Sophie Lamb – Unknown Title

3. Hon. William G. Bassler - Are Emergency Awards Enforceable in the United States? A Guide for the Perplexed

4. William W. Park - Soft Law and Transnational Standards in Arbitration: The Challenge of Res Judicata

5. Josefa Sicard-Mirabal - Precedential Value of International Arbitral Awards

II. INVESTOR-STATE ARBITRATION

6. Edward G. Kehoe – Motions to Dismiss in International Treaty Arbitrations

7. Klaus Reichert – Dispelling misconceptions – a viable choice for governments and for foreign investors

8. Catherine Amirfar – The Role of Damages Calculations in the Legitimacy of International Investment Arbitration

9. Nicholas Fletcher QC - Should ICSID have or not have a new appellate process, including a standing body to hear annulment applications?

10. Susan D. Franck – Crafting Appropriate Dispute Settlement:The Politics of International Investment Disputes

III. THE CONFLUENCE OF EU LAW AND INTERNATIONAL ARBITRATION—BOTH COMMERCIAL AND INVESTOR-STATE

11. John Gaffney – Overview of Recent EU-Related Developments in Commercial and Investor-State Arbitration

12. Fidelma Macken SC – Investor-State Arbitration - The European Union as Amicus Curiae?

13. Kaj Hober - The application of EU law in investment treaty arbitration—a clash of cultures?

IV. CORPORATE ISSUES

14. Wolfgang Peter – Material Adverse Change Clauses: Some Practical Thoughts

15. Thomas H. Lee – International Arbitration of Patent Claims

16. Vera Korzun – Corporate Interest and the Right to Regulate in Investor-State Arbitration

Readership

Arbitrators, mediators, advocates, scholars, governments officials, international institutions, and students.