Contemporary Issues in International Arbitration and Mediation

by Rovine, Arthur W.

• ISBN13: 9789004167384
• ISBN10: 9004167382
• Format: Hardcover
• Copyright: 2008-06-01
• Publisher: Martinus Nijhoff

Summary

These are the 2007 Fordham Papers, the first annual volume of papers on international arbitration and mediation written by leading figures in these fields who spoke at the 2007 annual conference on international arbitration and mediation held at the Fordham Law School in New York City. The five chapters of 23 papers address current issues of international arbitration, including investor-state arbitration, the conduct of international arbitration and jurisdictional issues, remedies and defenses, recent developments in arbitrator disclosure law and practice, and international mediation, including ethics, training, process, and growth of mediation. The papers focus on both practical considerations and scholarly analyses. Contributors include: Antonio Parra, Lucy Reed, Daina Bray, Brigitte Stern, Barton Legum, Hon.Charles Brower, Michael Ottolenghi, Yves Derains, Judith Gill, John Barcelo, Yuval Shany, Jonas Benedictsson, Julian Lew, Sigvard Jarvin, Richard Mosk, Robert Davidson, James Carter, Lorraine Brennan, Michael Hwang, Katie Chung, Fong Lee Cheng, Kathleen Scanlon, Hon. Fern Smith, Jon Lang, Eileen Carroll, Norris Yang, and Mercedes Tarrazon.

Table of Contents

Introduction
List of Abbreviations and Acronyms
Investor-State Arbitration
Applicable Law in Investor-State Arbitration	p. 3
Fair and Equitable Treatment: Fairly and Equitably Applied in Lieu of Unlawful Indirect Expropriation?	p. 13
In Search of the Frontiers of Indirect Expropriation	p. 29
Understanding Performance Requirement Prohibitions in Investment Treaties	p. 53
Damages in Investor-State Arbitration	p. 65
Conduct of Intel-national Arbitration and Jurisdictional Issues
How Proceedings Are Managed Up to the Hearing	p. 87
The Conduct of Substantive Hearings in International Arbitrations: What Approach Should an Arbitrator Adopt?	p. 97
Anti-Foreign-Suit Injunctions to Enforce Arbitration Agreements	p. 107
Similarity in the Eye of the Beholder: Revisiting the Application of Rules Governing Jurisdictional Conflicts in the Lauder/CME Cases	p. 119
Extended Jurisdiction Under Arbitration Agreements - A Threat to Effective Dispute Resolution	p. 139
Remedies and Defenses
When Should International Arbitrators Award Punitive Damages?	p. 155
Non-Pecuniary Remedies: The Practice of Declaratory Relief and Specific Performance in International Commercial Arbitration	p. 167
Injunctions	p. 185
Defenses to the Enforcement of an International Arbitration Award Based Upon Non-Arbitrability or a Set-Aside of the Award Where It Was Made	p. 193
Ethics Issues in International Arbitration
Recent Developments in Arbitrator Disclosure Law and Practice	p. 201
Arbitrator Bias: How U.S. Courts Are Reacting to the Parties' Choice of Ethics Codes for Arbitrators and the Implications	p. 217
Claims Against Arbitrators for Breach of Ethical Duties	p. 225
Mediation
Mediation Ethics: A Proposed Analytical Framework	p. 249
Critical Components for Mediation Training	p. 265
The Explosive Growth of International Mediation	p. 283
Mediation and Its Uses Beyond the Obvious	p. 291
International Mediation	p. 297
Mediation in Hong Kong	p. 309
A Note on Institutional and Ad Hoc Mediation	p. 315
Index	p. 319
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