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The World Arbitration and Mediation Review (WAMR) provides its readers with a thorough assessment of contemporary developments in the worldwide regulation and practice of arbitration and mediation. The Review addresses, through scholarly and practical articles, comments, notes, and other sources, both the international and domestic aspects of arbitration and mediation.
WAMR is a journal that provides value to arbitrators, mediators and counsel who have many demands on their time and thus seek a professional publication that is trustworthy, succinct, and current. Therefore WAMR provides both timely viewpoints as well as special groupings of articles that focus on issues of concern to the arbitration and mediation community. The goal is to provide a resource for practitioners that addresses often difficult and complicated subjects, but presents them in a quick to search and easy to read format. In doing this, the Editors in Chief seek as a point of perspective both the global reach of international arbitration and mediation, as well as the viewpoint and needs of those practicing in this area from the United States. In addition, the journal will include instructive notes on important cases, writings on current events and editorial commentary provided by our esteemed Board of Editors. The WAMR Board of Editors is drawn from the most distinguished representatives of arbitration and mediation around the world and these Editors will add to WAMR the insights gleaned from their many years in these fields.
It is our pleasure to announce that the Institute for Transnational Arbitration (ITA) has assumed the editorship of the World Arbitration and Mediation Review. Founded in 1986 as a division of The Center for American and International Law, the ITA was created to promote global adherence to the world’s principal arbitration treaties and to educate business executives, government officials and lawyers about arbitration as a means of resolving transnational business disputes. The Institute for TA provides advanced, continuing education for lawyers, judges and other professionals concerned with transnational arbitration. Through its programs, scholarly publications and membership activities, ITA has become an important global forum on contemporary issues in the field of transnational arbitration. The Institute’s record of educational achievements has been aided by the support of many of the world’s leading companies, lawyers and arbitration professionals. Further information about the ITA can be found online at: www.cailaw.org/ita
Table of Contents from Each Issue:
WORLD ARBITRATION& & MEDIATION REVIEW VOL. 5 2011 NO. 3
* EDITORIAL COMMENT *
THE INDEPENDENCE AND IMPARTIALITY OF LEGAL SYSTEMS
David D. Caron
* FAULT LINES IN INTERNATIONAL COMMERCIAL ARBITRATION: PAPERS AND COMMENTS FROM THE 8TH ANNUAL ITA-ASIL CONFERENCE *
INTRODUCTION
Lucy Reed
KEYNOTE ADDRESS: THE QUIET CONVERGENCE OF ARBITRATION AND LITIGATION
Diane P. Wood
HOW NATIONAL IS INTERNATIONAL ARBITRATION: INTRODUCTION TO SESSION ONE
William Dodge
ARBITRABILITY AND PUBLIC POLICY
Gary Born
PARTY AUTONOMY AND ITS LIMITS: INTRODUCTION TO SESSION TWO
Margaret L. Moses
THE SUPREME COURT'S RECENT PERSPECTIVE ON PARTY AUTONOMY IN ARBITRATION: WHAT DOES IT MEAN FOR THE PROPOSED ALI RESTATEMENT ON INTERNATIONAL COMMERCIAL ARBITRATION?
Linda J. Silberman
PARTY AUTONOMY AND ITS DISCONTENTS: THE LIMITS IMPOSED BY ARBITRATORS AND BY MANDATORY LAWS
J. William Rowley and Robert Wisner
* RECENT EVENTS IN THE AMERICAS *
COMMENT: NUOVO PIGNONE V. PETROMAC: AMICUS CURIAE BY THE ICC BRAZILIAN COMMITTEE
Arnoldo Wald
* GENERAL PRINCIPLES OF INTERNATIONAL COMMERCIAL ARBITRATION *
FOREWORD
Bernard Hanotiau
GENERAL PRINCIPLES OF LAW IN INTERNATIONAL COMMERCIAL ARBITRATION: HOW TO FIND THEM -- HOW TO APPLY THEM
Klaus Peter Berger
THAT RARE BIRD: NON-NATIONAL LEGAL STANDARDS AS APPLICABLE LAW IN INTERNATIONAL COMMERCIAL ARBITRATION
Felix Dasser
GENERAL PRINCIPLES OF LAW IN INTERNATIONAL COMMERCIAL ARBITRATION -- CHALLENGING THE MYTHS
Emmanuel Gaillard
THE APPLICATION OF TRANSNATIONAL RULES IN ICC ARBITRAL AWARDS
Yves Derains
GENERAL PRINCIPLES OF LAW AND TRANSNATIONAL RULES IN INTERNATIONAL ARBITRATION: AN ENGLISH PERSPECTIVE
Loukas Mistelis
TRANSNATIONAL PRINCIPLES IN U.S. COURTS
David W. Rivkin
* THE MATH ISSUE: DAMAGES & INTEREST *
INVALID ROUND TRIPS IN SETTING PRE‐JUDGMENT INTEREST IN INTERNATIONAL ARBITRATION
Manuel A. Abdala, Pablo D. López Zadicoff and Pablo T. Spiller
THE LAW APPLICABLE TO THE AWARD OF INTEREST: A ROADMAP THROUGH THE MAZE
Angeline Welsh
HISTORICAL ANALYSIS OF ICSID CONCLUDED CASES
Linda A. Ahee, Leonardo Giacchino and Richard E. Walck
* DEVELOPMENTS WITH RESPECT TO THE UNITED STATES *
GROWING PAINS: BUILDING AMERICAN ARBITRATION’S LEGITIMACY THROUGH EVERYDAY ARBITRAL DECISIONS
John Burritt McArthur
RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS IN MEXICO: AN UPDATE
Efrén C. Olivares
"COMMENCING AN INTERNATIONAL ARBITRATION: FUNDAMENTALS AND STRATEGY"
WELCOMING REMARKS
Lucy Reed, ITA Chair
21ST ANNUAL ITA WORKSHOP PROGRAM
FACULTY BIOGRAPHIES
MOCK SCENARIO
ACT I: DRAFTING AND NEGOTIATING THE ARBITRATION CLAUSE
Professor Christopher Gibson, Workshop Co-Chair
INTRODUCTION TO THE WORKSHOP AND ACT I
SCENE I: WHAT SHOULD BE IN THE DISPUTE RESOLUTION CLAUSE?
SCENE II: CAN WE GET WHAT WE WANT: NEGOTIATING THE DISPUTE RESOLUTION CLAUSE
PANEL DISCUSSION: DRAFTING AND NEGOTIATING THE DISPUTE RESOLUTION CLAUSE
ACT II: REQUEST FOR ARBITRATION, RESPONSE, AND COUNTERCLAIM AND ARBITRATOR
Klaus Reichert, Workshop Co-Chair
APPOINTMENT ISSUES
INTRODUCTION TO ACT II
SCENE I: PUTTING THE SHOW ON THE ROAD - TORGAS STARTS THE ARBITRATION
SCENE II: DRILL-BD RISES TO MEET THE CHALLENGE
PANEL DISCUSSION: HOW IMPORTANT ARE THE INITIAL FILINGS? REALITY VS. PERCEPTIONS
ACT III: THE PRELIMINARY HEARING TO ORGANIZE THE ARBITRATION PROCEDURE
Jean E. Kalicki, Workshop Co-Chair
INTRODUCTION TO ACT III
SCENE I: TORGAS PREPARES FOR THE PRELIMINARY HEARING
SCENE II: DRILL-BD PREPARES FOR THE PRELIMINARY HEARING
SCENE III: THE PRELIMINARY HEARING
TRIBUNAL'S DELIBERATIONS
QUESTIONS FOR CONSIDERATION FOLLOWING ACT III: THE PRELIMINARY HEARING TO ORGANIZE THE ARBITRATION PROCEDURE
BIBLIOGRAPHY - "COMMENCING AN INTERNATIONAL ARBITRATION: FUNDAMENTALS AND STRATEGY"
ITA SERVICES AND EVENTS
SCOREBOARD OF ADHERENCE TO TRANSNATIONAL
Seem Maleh
ARBITRATION TREATIES, AS OF MARCH 28, 2011
Tracy Matlock
ITA 2011 PROGRAMS AND ACTIVITIES CALENDAR
ITA MEMBERSHIP APPLICATION
* ENFORCEMENT *
ARTICLES
RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS IN MEXICO: CASES AND LEGISLATION
Efren C. Olivares
HOW TO ENFORCE FOREIGN ARBITRAL AWARDS IN UKRAINE
Yaroslav Petrov, Oleksiy Demyanenko, Liudmila Dudnik
COMMENTS
RECENT DEVELOPMENTS IN THE ENFORCEMENT OF INTERNATIONAL ARBITRATION AWARDS IN ENGLAND & WALES
Lucy Greenwood
* DEVELOPMENTS WITH RESPECT TO EVIDENCE PRODUCTION IN THE UNITED STATES *
WHAT IS THE EFFECT OF INTERNATIONAL ARBITRAL RULES ON THE AVAILABILITY OF ASSISTANCE IN THE PRODUCTION OF EVIDENCE PURSUANT TO 28 U.S.C. § 1782?
David M. Orta, Giselle Fuentes
* ARBITRATION: THE END OF THE GOLDEN AGE? *
PAPERS AND COMMENTS FROM THE 7TH ANNUAL ITA-ASIL CONFERENCE
INTRODUCTION
Leah D. Harhay
PAPERS
LEGISLATIVE THREATS TO THE HISTORICALLY STRONG RELATIONSHIP BETWEEN DOMESTIC AND INTERNATIONAL ARBITRATION IN THE U.S.
Rachael D. Kent
WHY ARE WE "RE-CALIBRATING" OUR INVESTMENT TREATIES?
José E. Alvarez
COMMENTS
THE EVOLUTION OF ARBITRATION WITH RESPECT TO CONSUMER AND EMPLOYEE DISPUTES
Richard W. Naimark
INTERNATIONAL ARBITRATION FROM THE CORPORATE PERSPECTIVE
Elpidio ("PD") Villarreal
U.S. STATE DEPARTMENT SUBCOMMITTEE REPORT ON THE U.S. MODEL BIT -- IDENTIFYING THE QUESTIONS RAISED
Jack J. Coe, Jr.
A DEFENSE OF THE 2004 UNITED STATES MODEL INVESTMENT TREATY
Barton Legum
Volume 4 2010 Number 1
ARTICLES
Volume 3 2009 Number 4-5
*WHEN ARBITRATIONS GO BAD*
PAPERS FROM THE 6TH ANNUAL ITA-ASIL CONFERENCE
THE CONVENIENT MYTH OF DAVID AND GOLIATH IN TREATY ARBITRATION
Lucy Reed & Lucy Martinez
YOU CAN BET THE COMPANY BUT NOT THE STATE: THE PROPER AND IMPROPER CONDUCT OF SOVEREIGNS IN ARBITRATION
Laurence Shore
DOCUMENT PRODUCTION IN INTERNATIONAL ARBITRATION: WHAT DOES IT HAVE TO DO WITH DISCOVERY?
Nathalie Voser
MESSAGE FROM A CLIENT
Charles A. Beach
*ISSUES IN INVESTMENT ARBITRATION*
ARTICLES
ISSUES OF PROOF OF GENERAL PRINCIPLES OF LAW IN INTERNATIONAL ARBITRATION
Michael D. Nolan & Frédéric Gilles Sourgens
ICSID PROVISIONAL MEASURES TO ENJOIN PARALLEL DOMESTIC LITIGATION
Rodrigo Gil
INTELLECTUAL PROPERTY PROTECTION THROUGH INVESTMENT AGREEMENTS: CHALLENGES OF A DIFFERENT HORIZON OF INVESTMENT PROTECTION
Javier Ferrero
20TH ANNUAL WORKSHOP OF THE INSTITUTE FOR TRANSNATIONAL ARBITRATION
"CONFRONTING ETHICAL ISSUES IN INTERNATIONAL ARBITRATION"
INTRODUCTION
David D. Caron, ITA Chair
20TH ANNUAL ITA WORKSHOP PROGRAM
FACULTY BIOGRAPHIES
INTRODUCTION TO THE WORKSHOP AND ACT I
Kenneth B. Reisenfeld, Workshop Co-Chair
ACT I: ETHICAL ISSUES IN SELECTING THE ARBITRAL TRIBUNAL
SCENE I: INTERVIEWING PROSPECTIVE ARBITRATORS
SCENE II: ARBITRATOR DISCLOSURES AND CHALLENGES
COMMENTARY AND PANEL DISCUSSION: INSIDERS' PERSPECTIVES ON CHALLENGES BEFORE THE ICC INTERNATIONAL COURT OF ARBITRATION
Jon Beechy, Jennifer Kirby
KEYNOTE ADDRESS: ARBITRATOR INTEGRITY: THE TRANSIENT AND THE PERMANENT
Professor W.W. (Rusty) Park
INTRODUCTION TO ACT II
James E. Castello, Workshop Co-Chair
ACT II: THE ARBITRATION: ETHICAL ISSUES IN PRESENTING THE CASE
SCENE I: INFORMATION GATHERING
SCENE II: HEARING ON DOCUMENT DISCLOSURE REQUESTS
LUNCHEON ADDRESS: WHOSE ARBITRATION IS IT ANYWAY?
Carla Powers Herron
ACT II, SCENE III: ARBITRATOR DELIBERATIONS ON MOTIONS FOR DISCLOSURE AND POSSIBLE CORRUPTION ISSUES
INTRODUCTION TO ACT III
Catherine A. Rogers, Workshop Co-Chair
ACT III: DECISIONS AND CHALLENGES AFTER THE ARBITRAL PROCEEDINGS
SCENE I: ATTORNEY AND CLIENT STRATEGY SESSION
SCENE II: DISCIPLINARY HEARING
SCENE III: HEARING TO ENFORCE/CHALLENGE AWARD
REMARKS ON THE CHANGE OF CHAIR IN THE ITA
David D. Caron
BIBLIOGRAPHY - ITA WORKSHOP 2009: CONFRONTING ETHICAL ISSUES IN INTERNATIONAL ARBITRATION
Catherine A. Rogers
ITA SERVICES AND EVENTS
SCOREBOARD OF ADHERENCE TO TRANSNATIONAL ARBITRATION TREATIES, AS OF SEPTEMBER 25, 2009
Seem Maleh, Rami Zoubi
ITA 2010 CALENDAR OF EVENTS
ITA MEMBERSHIP APPLICATION
Volume 3 2009 Number 2
* MANDATORY LAW *
ARTICLES
THE IMPACT OF INTERNATIONALLY MANDATORY LAWS ON THE ENFORCEABILITY OF ARBITRATION AGREEMENTS
Jan Kleinheisterkamp
NEW TOOLS FOR AN OLD QUEST: A COMMENTARY ON KLEINHEISTERKAMP, THE IMPACT OF INTERNATIONALLY MANDATORY LAWS ON THE ENFORCEABILITY OF ARBITRATION AGREEMENTS
Tai-Heng Cheng
COMMENT: MANDATORY LAW AND THE ENFORCEABILITY OF ARBITRATION AGREEMENTS
Alan Scott Rau
* PRACTICAL INSIGHTS FOR THE ARBITRATION BAR *
ARTICLES
GOODBYE BOILER-PLATE: PRACTICAL ADVICE FOR DRAFTERS OF DOMESTIC AND INTERNATIONAL ARBITRATION AGREEMENTS
Noel Rodriguez, Pamela Fulmer, M. Anderson Berry
TAX AND CURRENCY ISSUES IN INTERNATIONAL ARBITRATION
Richard E. Walck
* THE MEDIATION ISSUE *
ARTICLES
THE CHALLENGE OF DEVELOPING COMMON MEDIATION LAW REGIMES IN EUROPE AND THE UNITED STATES: FROM "PATCHWORK" TO COHERENCE?
Siegfried H. Elsing & Alexandra N. Diehl
USER PREFERENCES AND MEDIATOR PRACTICES:CAN THEY BE RECONCILED WITHIN THE PARAMETERS SET BY ETHICAL CONSIDERATIONS
Edna Sussman
ESSAY: FINDING CREATIVE SOLUTIONS IN ADR
Richard M. Calkins
CURRENT DEVELOPMENTS IN MEDIATION
CERTIFYING INTERNATIONAL COMPETENCY STANDARDS FOR MEDIATORS: A LOOK AT IMI'S INITIATIVE
Neil Carmichael
EDITORIAL COMMENTARY
DISENCHANTED? BUSINESS SATISFACTION WITH INTERNATIONAL ARBITRATION
Christopher R. Drahozal
ARTICLES
STEMMING THE TIDE OF JUDICIALISATION IN INTERNATIONAL ARBITRATION
Alan Redfern
THE ARBITRATION-LITIGATION RELATIONSHIP IN TRANSNATIONAL DISPUTE RESOLUTION: EMPIRICAL INSIGHTS FROM THE U.S. FEDERAL COURTS
Christopher Whytock
TRENDS AND CHALLENGES IN INTERNATIONAL ARBITRATION: TWO SURVEYS OF IN-HOUSE COUNSEL OF MAJOR CORPORATIONS
Loukas Mistelis & Crina M. Baltag
IGNORING THE ELEPHANT IN THE ROOM: INTERNATIONAL ARBITRATION: CORPORATE ATTITUDES AND PRACTICES (2008)
Michael McIlwrath
INTERNATIONAL ARBITRATION - THE FACTS IN NEED OF DATA AND METRICS LESS RELIANCE ON ANECDOTES
William K. Slate II
19TH ANNUAL WORKSHOP OF THE INSTITUTE FOR TRANSNATIONAL ARBITRATION
"DAMAGES IN INTERNATIONAL ARBITRATION: STRATEGIES, TECHNIQUES & PRESENTATION"
INTRODUCTION TO THE WORKSHOP
Prof. David D. Caron, ITA Chair
19TH ANNUAL ITA WORKSHOP PROGRAM
FACULTY BIOGRAPHIES
INTRODUCTION TO ACT I
Stephen Jagusch, Workshop Co-Chair
ACT I: REACTIONS TO AWARD ON LIABILITY AND ENGAGING EXPERTS
SCENE I: UNITED AND PARAGONIA LEARN OF AWARD
SCENE II: UNITED'S EXPERT BEAUTY PARADE (PT I-II)
Commentary and Discussion
KEYNOTE ADDRESS: FRAMING THE CASE ON QUANTUM
Prof. William W. (Rusty) Park
INTRODUCTION TO ACT II
Prof. Andrea K. Bjorklund, Workshop Co-Chair
ACT II: PREPARING FOR THE QUANTUM HEARING
SCENE I: PROBLEMS WITH EVIDENCE IN VALUATION
SCENE II: PREPARING FOR THE HEARING WITH THE EXPERTS (PTS I & II)
Commentary and Discussion
LUNCHEON ADDRESS: LESS IS MORE, MORE OR LESS
Lucy Reed
INTRODUCTION TO ACT III
Claudia T. Salomon Workshop Co-Chair
ACT III: HEARING ON QUANTUM
SCENE I: THE HEARING ON QUANTUM (PART I)
SCENE II: THE HEARING ON QUANTUM (PART II)
INTRODUCTION TO ACT IV
Claudia T. Salomon, Workshop Co-Chair
ACT IV: COST SUBMISSIONS AND THE TRIBUNAL'S DELIBERATIONS
SCENE II: THE TRIBUNAL'S DELIBERATIONS
Commentary and Discussion
CLOSING REMARKS
BIBLIOGRAPHY - ITA WORKSHOP 2008 "DAMAGES IN INTERNATIONAL ARBITRATION: STRATEGIES, TECHNIQUES & PRESENTATION"
Jeffrey Sullivan
GLOSSARY OF TERMS USED IN THE ASSESSMENT OF DAMAGES IN INTERNATIONAL ARBITRATION
Dr. Manuel A. Abdala, LECG
ITA SERVICES AND EVENTS
SCOREBOARD OF ADHERENCE TO TRANSNATIONAL ARBITRATION TREATIES, AS OF JANUARY 1, 2009
Seem Maleh & Tracy Matlock
ITA 2009 CALENDAR OF EVENTS
ITA MEMBERSHIP APPLICATION
Editorial Commentary
A New Partnership: The Institute for Transnational Arbitration and World Arbitration and Mediation Review
Charles H. Brower, II, David D. Caron, Abby Smutny Cohen
Introduction to the Board of Editors
Leah D. Harhay
Anticipating the 2009 US "Fairness in Arbitration Act"
David D. Caron, Seth Schreiberg
Articles
Hall Street Assocs. v. Mattel, Inc.: Supreme Court Denies Enforcement of Agreement to Expand
the Grounds for Vacatur Under the Federal Arbitration Act
Charles H. Brower, II
Glamis Gold, Ltd. v. United States of America:
A Case Study on Document Production and Privilege in International Arbitration
Véronique Camerer, Christina G. Hioureas
Towards A Presumption of Transparency in Investment Arbitration
Ruth Teitelbaum
The UNCITRAL Arbitration Rules and First Options: Failing to Clearly and Unmistakably Evince
the Intent to Arbitrate Issues of Arbitrability
Thomas W. Walsh
INVESTMENT ARBITRATION
Issues of State Responsibility and Jurisdiction
Arbitration Involving States
Kaj Hobér
Investment Treaty Arbitration: An Asian Perspective
John Savage
Arbitrating Investment Disputes: Issues of Jurisdiction
Francisco Orrego Vicuña
EXPROPRIATION
The Concept of Expropriation under the ECT and Other Investment Protection Treaties
Christoph H. Schreuer
Indirect Expropriation and the Right of the Governments to Regulate Criteria to Articulate the Difference
Katia Yannaca-Small
The Distinction Between Lawful and Unlawful Expropriation
Audley Sheppard
THE UMBRELLA CLAUSE
Where's My Umbrella? An "Ordinary Meaning" Approach to Answering Three Key Questions That Have Emerged from the "Umbrella Clause" Debate
Craig S. Miles
Containing the Scope of the Umbrella Clause
Laura Halonen
RECENT DEVELOPMENTS IN ARBITRATION:
PRIVATIZATION OF PUBLIC SERVICES: UNCITRAL AND TRANSPARENCY
Jessica L. Cambridge
LANDIS' LAST CHANCE: RISING CONCERNS OVER ANTI-DOPING ARBITRAL PROCEEDINGS
Emily J. Tucker
RECENT DEVELOPMENTS IN ARBITRATION: IN BRIEF
Richard Holmes Snyder
AMERICAN DECISIONAL LAW ON ARBITRATION:
1. FEDERAL CIRCUIT COURTS OF APPEALS
SECOND CIRCUIT VACATES ARBITRAL AWARD AFTER FINDINGMANIFEST DISREGARD OF THE LAW
Christian DeGuzman
THIRD CIRCUIT EXPANDS THE ROLE OF ARBITRATORS IN CERTAIN UNDERWRITERS V. WESTCHESTER FIRE
Jason Blose
FOURTH CIRCUIT HOLDS THAT THE ARBITRAL FORUM IS APPROPRIATE FOR ANTITRUST CLAIMS
Brian Doyle
AGREEMENTS MAY BE ENFORCEABLE AGAINST NON-SIGNATORIES IN FIFTH CIRCUIT
Jamie L. Coleman
SIXTH CIRCUIT OVERRULES MOOG AND HOLDS TIMELIMITATION BAR TO BE THRESHOLD QUESTION FOR ARBITRATOR
Samantha Weidner
NINTH CIRCUIT HOLDS EMPLOYEE DISPUTE RESOLUTION PROGRAM UNCONSCIONABLE IN DAVIS V. O'MELVENY & MYERS
Alexis Grieco
NINTH CIRCUIT HOLDS THAT CLASS ARBITRATION WAIVERS IN CELL PHONE CONTRACTS
ARE UNENFORCEABLE
Benjamin Schaefer
TENTH CIRCUIT COURT OF APPEALS RULES ALL CLAIMS RELATING TO A PREVIOUSLY ARBITRATED DISPUTE ARE PRECLUDED
Andrew Flenner
2. STATE SUPREME COURTS
THE SUPREME COURT OF CALIFORNIA ASSERTS THAT PROCEDURAL UNCONSCIONABILITYWARRANTS JUDICIAL SCRUTINY TO DETERMINE SUBSTANTIVE UNCONSCIONABILITY
Taisha L. Chambers
THE COLORADO SUPREME COURT REJECTS THE INTERTWINING DOCTRINE
Samantha Weidner
FOREIGN DECISIONAL LAW ON ARBITRATION
ARGENTINA'S CRUMBLING INVESTMENTS: THE FAIR AND EQUITABLE TREATMENT DOCTRINE IN ENRON CORPORATION V. ARGENTINE REPUBLIC
Aridaman Shah Singh
THE BATTLE BETWEEN COUNTRIES AND CORPORATIONS CONTINUES AND ARGENTINA FALLS AGAIN: VIVENDI V. ARGENTINA
Aridaman Shah Singh
SUMMARIES OF RECENT LITERATURE ON ARBITRATION
SUMMARY: PRECEDENT AND CONTROL IN INVESTMENT TREATY ARBITRATION BY TAI-HENG CHENG
Alex Hvizda
BOOK REVIEWS
BEYOND REASON: USING EMOTIONS TO NEGOTIATE
REVIEWED BY NANCY A. WELSH
JAMES BOSKEY ADR WRITING COMPETITION
TEN DOLLARS FOR TWENTY-FOUR YEARS: PROVIDING JUSTICE FOR EXONEREES USING VICTIM-OFFENDER MEDIATION
BY KIMBERLY N. GRANT
EVENTS IN ARBITRATION AND ADR
CALENDAR
INTERNATIONAL ARBITRATION
A COMPARATIVE LAW ANALYSIS OF U.S. JUDICIAL ASSISTANCE
Anna Conley
STEPS TOWARD AN INTERNATIONAL ARBITRATION CULTURE? ADISSENTING VIEW FROM THE PEOPLE'S REPUBLIC OF CHINA
Anne-Marie Loong
A NAZI-LOOTED ART TRIBUNAL
Jennifer Anglim Kreder
THE FORUM REPORT ON DEVELOPMENTS IN U.S. ARBITRATION LAW AND PRACTICE
NATIONAL ARBITRATION FORUM CASE SUMMARIES
Kirk Knutson & Ryan Chandlee
NATIONAL ARBITRATION FORUM DOMAIN NAME DISPUTE DECISIONS
Kristine Fordahl Dorrain
RECENT PUBLICATIONS ON ARBITRATION AND ADR
BIBLIOGRAPHIC RESOURCES
Gail Partin
EVENTS IN ARBITRATION AND ADR
CALENDAR
INTERNATIONAL ARBITRATION
VOLUNTARY INTERVENTION AND OTHER PARTICIPATION OF THIRD PARTIES IN ONGOING INTERNATIONAL ARBITRATIONS: A SURVEY OF THE CURRENT STATE OF PLAY
Thomas Bevilacqua
THE WTO AND NAFTA - A COMPARISON OF DISPUTE RESOLUTION SYSTEMS AND OUTCOMES INVOLVING THE UNITED STATES, MEXICO, AND CANADA
Sue Ann Mota & Divya Rao
SAFEGUARDING AGAINST EXPROPRIATION OF ASSETS IN LATIN AMERICA: THE BOLIVIAN WATER DECISION, DISTILLED
Timothy G. Nelson & Marco E. Schnabl
INTERNATIONAL MEDIATION
THE "THIRD OPTION": INTERNATIONAL COMMERCIAL MEDIATION
Antonin I. Pribetic
A CASE FOR MEDIATION: FAMILY MEDIATION IN INTERNATIONAL CHILD CUSTODY
Christoph C. Paul & Dr. Jamie Walker
DEVELOPMENTS IN U.S. ARBITRATION LAW
NATIONAL ARBITRATION FORUM CASE SUMMARIES
Kirk Knutson & Ryan Chandlee
EVENTS IN ARBITRATION AND ADR
CALENDAR
Developments in US Mediation
Mediation Litigation Trends: 1999-2007
James R. Coben & Peter N. Thompson
Mediation Case Law Review Part II: July-January 2006
James R. Coben & Peter N. Thompson
Recent Developments in International Arbitration
Ten Years of UNCITRAL Model Law in Germany
Stefan Kroll & Peter Kraft
New Arbitration Rules for this Stockholm Chamber of Commerce
Marie Ohrstrom
Recent Precedents in Brazil Regarding Service of Process in International Arbitrations
Joaquim de Paiva Muniz
An Approach to International Arbitration: China & Chile
Nicolás Ossa G.
Book Review:
Review of "Global Trends in Mediation"
Michael Leathes
Bibliographic Resources
Recent Publications on Arbitration and ADR
Gail A. Partin
Events in Arbitration & ADR
Calendar
Symposium on Latin American Arbitration
Introduction: Latin American Arbitration
Mary Helen Mourra, Esq.
Bolivian Gas Nationalization: Negotiation V. Arbitration
Mauricio Ipina Nagel
Arbitration in Panama
Leonardo Bonadies Mora
Recognition of Forign Judgments in Brazil: The Experience of the Supreme Court and The Shift to the Superior Federal Court
Nadia de Araujo & Frederico de Valle Magalhaes Marques
The Development of Brazilian Decision Law Favoring the Arbitrability of Disputes Involving State Entities
Joaquim de Paiva Muniz
Recent Precedents in Brazil Regarding Service of Process in International Arbitrations
Joaquim de Paiva Muniz
An Approach to International Arbitration: China & Latin America
Nicolas Ossa G.
Arbitration in the United States:
Bd. of Tr., Sheet Metal Workers' Nat'l Pension Fund v. BES Serv., Inc.
Arbitration in Foreign Courts:
Scholarly Commentary on Arbitration
An Empirical Study of Cost-based Challenges to Arbitration Agreements
Christopher R. Drahozal
Nadja Alexander's Worldwide Perspectives on Mediation:
Mediation in Timor-Leste: Opportunities and Challenges
Santina Soares & Jennifer Laakso
Scholarly Commentary on Mediation
Keeping the Essence of Mediation
Antoine Masson & Fiona Breen
Bibliographic Resources
Recent Publications on Arbitration and ADR
Gail A. Partin
Events in Arbitration and ADR
Articles
Lost Profit and Capital Investment
Michael Pryles
Recovering Damages for Unjust Enrichment in International Arbitration
Dana H. Freyer
Lost Profits and the Discounted Cash Flow Method of Calculation
R. Doak Bushop & Craig S. Miles
Conference Proceedings
First Annual Leading Arbitrators' Symposium on the Conduct of International Arbtiration
Recent International Developments
Private International Arbitration Panel Qualifies as 1782 Tribunal, U.S. Court Held Canada Ratifies ICSID
National Arbitration Forum Case Summaries
I. California Court Errs By Holding Hearing After, Not Before, Motion to Compel Arbitration
II. Supreme Court of South Dakota Upholds Accepted, But Unsigned, Settlement Agreement
III. Arbitrator Exceeds Powers by Committing Legal Error
IV. Lack of Evidence is Fatal to Motion to Vacate an Arbitration Award
V. California Federal Court Stays Litigation While Ninth Circuit Decides Issue of Arbitral Class Waiver
VI. Confidentiality Protections Apply to Hybrid Procedure Consisting of Arbitration and Mediation
VII. Missouri Court Refuses to Enforce Agreement to Arbitrate on An Individual Basis
Mediation Case Law Review Part I: January-June 2006
James R. Coben & Peter N. Thompson
Nadja Alexander's Worldwide Perspectives on Mediation: Interview with UK Mediator Michael Leathes
Bibliographic Resources
Recent Publications on Arbitration and ADR
Gail A. Partin
Calendar