Description
Book SynopsisThe 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
Table of ContentsContents 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