International Commercial Arbitration in New York

by Carter, James H.; Fellas, John

• ISBN13: 9780198753483
• ISBN10: 0198753489
• Edition: 2nd
• Format: Hardcover
• Copyright: 2016-08-16
• Publisher: Oxford University Press

Summary

New York is a leading venue for international commercial arbitration, home to the headquarters for the International Centre for Dispute Resolution, the international branch of the American Arbitration Association, and many leaders in the international arbitration field. New York also serves as the locus of several prominent arbitration firms' central offices.

The second edition of International Commercial Arbitration in New York encompasses five years of developments in New York and other US international arbitration law since the first edition appeared. Every chapter has been updated, and the new edition includes an entirely new chapter on the legal and practical aspects of conducting an arbitration hearing in New York, covering such subjects as rights to appear as a representative of a party, subpoenas to compel attendance of witnesses, confidentiality of proceedings, and witness testimony and instructions.

This collection boasts contributors of pre-eminent stature in the arbitration field. Each chapter elucidates a vital topic, including the existing New York legal landscape, drafting considerations for clauses designating New York as the place of arbitration, and material and advice on selecting arbitrators. The book also covers a series of topics at the intersection of the arbitral process and the New York courts, including jurisdiction, enforcing arbitration agreements, obtaining preliminary relief, and discovery. Class action arbitration, challenging and enforcing arbitral awards, and biographical materials on New York-based international arbitrators are also included, making this a comprehensive, valuable resource for practitioners.

New York continues to be the leading venue for international commercial arbitration in the US, and this book is the only comprehensive treatment of its law and practices. The first edition was described as "a wonderful and important book . . . a must for all those seriously engaged in the practice or study of international arbitration in New York and in the United States" (Arbitration International) and "an excellent resource for practitioners anywhere in the world who are or may become involved in an international commercial arbitration seated in New York City" (Global Arbitration Review).

Author Biography

James H. Carter, Senior Counsel, Wilmer Cutler Pickering Hale and Dorr LLP,John Fellas, Partner, Hughes Hubbard and Reed LLP

James H. Carter is a senior counsel in the New York office of Wilmer Cutler Pickering Hale and Dorr LLP. Mr. Carter has more than 40 years of experience as arbitrator or counsel in more than 150 international commercial and investment arbitration cases.

John Fellas is a partner in the New York office of Hughes Hubbard & Reed LLP. He is Co-Chair of the firm's International Arbitration and Dispute Resolution Practice and Co-Chair of the International Practice. Mr. Fellas focuses on the areas of international litigation and arbitration.

Table of Contents

Introduction, James H. Carter and John Fellas
1. The Law Applicable to International Arbitration in New York, David M. Lindsey and Yasmine Lahlou
2. The Impact of U.S. Litigation, Oliver J. Armas and Thomas N. Pieper
3. Drafting Considerations for Clauses Designating New York as the Place of Arbitration, Paul D. Friedland and Damien Nyer
4. The Application of New York Law to Contracts, David W. Rivkin, Mark W. Friedman, and William H. Taft V
5. The Selection of Arbitrators, James H. Carter
6. Jurisdiction: Courts vs. Arbitrators, George A. Bermann
7. Enforcing International Arbitration Agreements, John Fellas and Hagit Elul
8. Obtaining Preliminary Relief, Robert H. Smit and Tyler B. Robinson
9. Discovery, John L. Gardiner, Lea Haber Kuck, and Julie Bedard
10. Damages in International Arbitration, Claudia T. Salomon
11. Class Action Arbitration, William H. Baker
12. Arbitration Hearings in New York, Edward G. Kehoe and Jessica Beess und Chrostin
13. Challenging and Enforcing International Arbitral Awards in New York, John V. H. Pierce, Janet R. Carter, and David N. Cinotti
14. Enforcing Awards Involving Foreign Sovereigns, Brian King, and Alexander Yanos
Appendices
International Arbitration Conventions
Inter-American Convention on International Commercial Arbitration
Federal Arbitration Act
New York Commercial Division Arbitration Part Rules
Arbitration Rules and Guidelines
International Chamber of Commerce (ICC) Rules of Arbitration
New York City Bar Association Arbitration Reports