Arbitration Clauses for International Contracts - Third Edition
This book, by leading international arbitration practitioners, offers suggested language for every option that a drafter of an international arbitration clause may need. Following a succinct assessment of the choice between arbitration and litigation and commentary on the choices among arbitration fora and formats, the author presents an accessible how-to for drafting. While other works offer theory and a smattering of drafting tips, there is no other comprehensive collection of workable language, presented accessibly with easy-to-reference appendices. This book is the standard reference for both in-house counsel and counsel.
PDF OF TITLE PAGE AND T.O.C.
Introduction
Chapter 1: Model and Standard Clauses
Chapter 2: Choosing Between Arbitration and Litigation
Chapter 3: Choosing Between Administered and Non-Administered Arbitration
Chapter 4: Choosing an Arbitral Institution
Chapter 5: Choosing a Place of Arbitration
Chapter 6: Drafting an Effective Arbitration Agreement
Chapter 7: Negotiation or Mediation as a First Step Before Arbitration
Chapter 8: Joinder and Intervention Clauses for Multi-Party Contracts
Chapter 9: Consolidation Clauses for Related Contracts
Chapter 10: Expert Determination and Dispute Boards
Chapter 11: Sovereign Contracts
Chapter 12: China Contracts
Chapter 13: Choice of Law Clauses
Appendices
Index
Table of Cases
Bibliography
Peter Sherwin is a Partner with Proskauer in the Litigation Department, Head of the International Arbitration Group and a Member of the Hospitality, Gaming & Leisure, Real Estate Litigation, Sports and Latin America Practices.
Peter's practice focuses on acting as counsel in complex cross-border commercial disputes, often involving a joint venture, a licensing or distribution relationship, or an acquisition, most of which are resolved in international arbitration and the rest in federal and state courts in the United States. He has significant pharmaceutical, lodging, real estate, and sports industry experience and, when necessary, regularly takes cases through trial or arbitral hearings.
Peter also regularly serves as an arbitrator in proceedings before the International Chamber of Commerce (ICC) and the International Centre for Dispute Resolution (ICDR).
Chambers USA and Chambers Global rank Peter as one of the top International Arbitration lawyers nationwide, reporting that he is "a great tactician with the pragmatism of a businessman" and "a thorough, well-prepared and intelligent lawyer," who is a "very effective advocate on his feet" and whose client service is "exemplary."
Paul Friedland, Global Head of the White & Case International Arbitration practice group from 2002 to 2019, has served as counsel or arbitrator in numerous international arbitrations, both commercial and investor state, and has been repeatedly ranked in the top tier by Chambers Global and other industry publications.
Mr. Friedland's leadership positions include: American Arbitration Association (Executive Committee, 2011-14; Chair of Law Committee, 2008-14; Chair of Subcommittee on ICDR Rules revision, 2013-14), International Bar Association (Arbitration Committee Co-chair, 2014-15), Singapore International Arbitration Centre (Court member, 2013-2019), and LCIA (Court member, 2006-10).
A frequent writer and speaker on international arbitration topics, Mr. Friedland is the author of Arbitration Clauses for International Contracts (2d. ed. 2007), described as a "must-have for all practitioners working in the burgeoning field of international arbitration" (N.Y. Law Journal, April 2008).
Mr. Friedland also has broad experience of US litigation, having secured favorable verdicts on behalf of his clients in two jury trials and one bench trial.
Peter Sherwin is a Partner with Proskauer in the Litigation Department, Head of the International Arbitration Group and a Member of the Hospitality, Gaming & Leisure, Real Estate Litigation, Sports and Latin America Practices.
Peter's practice focuses on acting as counsel in complex cross-border commercial disputes, often involving a joint venture, a licensing or distribution relationship, or an acquisition, most of which are resolved in international arbitration and the rest in federal and state courts in the United States. He has significant pharmaceutical, lodging, real estate, and sports industry experience and, when necessary, regularly takes cases through trial or arbitral hearings.
Peter also regularly serves as an arbitrator in proceedings before the International Chamber of Commerce (ICC) and the International Centre for Dispute Resolution (ICDR).
Chambers USA and Chambers Global rank Peter as one of the top International Arbitration lawyers nationwide, reporting that he is "a great tactician with the pragmatism of a businessman" and "a thorough, well-prepared and intelligent lawyer," who is a "very effective advocate on his feet" and whose client service is "exemplary."
Paul Friedland, Global Head of the White & Case International Arbitration practice group from 2002 to 2019, has served as counsel or arbitrator in numerous international arbitrations, both commercial and investor state, and has been repeatedly ranked in the top tier by Chambers Global and other industry publications.
Mr. Friedland's leadership positions include: American Arbitration Association (Executive Committee, 2011-14; Chair of Law Committee, 2008-14; Chair of Subcommittee on ICDR Rules revision, 2013-14), International Bar Association (Arbitration Committee Co-chair, 2014-15), Singapore International Arbitration Centre (Court member, 2013-2019), and LCIA (Court member, 2006-10).
A frequent writer and speaker on international arbitration topics, Mr. Friedland is the author of Arbitration Clauses for International Contracts (2d. ed. 2007), described as a "must-have for all practitioners working in the burgeoning field of international arbitration" (N.Y. Law Journal, April 2008).
Mr. Friedland also has broad experience of US litigation, having secured favorable verdicts on behalf of his clients in two jury trials and one bench trial.
PDF OF TITLE PAGE AND T.O.C.
Introduction
Chapter 1: Model and Standard Clauses
Chapter 2: Choosing Between Arbitration and Litigation
Chapter 3: Choosing Between Administered and Non-Administered Arbitration
Chapter 4: Choosing an Arbitral Institution
Chapter 5: Choosing a Place of Arbitration
Chapter 6: Drafting an Effective Arbitration Agreement
Chapter 7: Negotiation or Mediation as a First Step Before Arbitration
Chapter 8: Joinder and Intervention Clauses for Multi-Party Contracts
Chapter 9: Consolidation Clauses for Related Contracts
Chapter 10: Expert Determination and Dispute Boards
Chapter 11: Sovereign Contracts
Chapter 12: China Contracts
Chapter 13: Choice of Law Clauses
Appendices
Index
Table of Cases
Bibliography