Title and T.O.C Page

Foreword   

PART I: International Arbitrators and Institutions    

Chapter 1 - International Commercial Arbitration: Harmonizing Cultural Differences
Julian D.M. Lew and Laurence Shore

Chapter 2 - Selecting an Arbitral Institution to Administer International Arbitration: Are National or Regional Centers a Viable Option?
John B. Tieder, Jr.

Chapter 3 - Corruption, International Public Policy and the Duties of Arbitrators 
Bernardo M. Cremades and David J. A. Cairns

Chapter 4 - Neutral Selection: Some Guidance from a Neutral 
Peter J. Michaelson

Chapter 5 - Arbitrator’s Disclosure Standards: The Uncertainty Continues
Juan M. Alcalá, Camilo Cardozo, and Orlando Segura, Jr.

Chapter 6 - The Civil Law and Common Law Divide: An International Arbitrator Tells It Like He Sees It 
Pierre A. Karrer

PART II: International Arbitration Proceedings   

Chapter 7 - International Commercial Arbitration from a User’s Perspective: Are the Benefits More Theoretical than Real?
Wolf von Kumberg

Chapter 8 - The Power of Constraint to Control Time and Costs in Arbitration
Julie Bédard and Amanda Raymond Kalantirsky

Chapter 9 - The Role of Party Autonomy in International Arbitration
Karl-Heinz Böckstiegel

Chapter 10 - Presenting, Taking and Evaluating Evidence in International Arbitration
Karl-Heinz Böckstiegel

Chapter 11 - Arbitral Interim Measures: Fact or Fiction?
Raymond J. Werbicki

Chapter 12 - Saving Time and Money in Cross-Border Commercial Disputes
Walter G. Gans

Chapter 13 - In International Arbitration, Disclosure Rules at the Place of Enforcement Matter Too
Peter L. Michaelson 

PART III: The Enforcement of Arbitral Awards

Chapter 14 - Judicial Review of Awards in Ongoing Arbitrations: Finality” as a Term of Art
Marc J. Goldstein

Chapter 15 - Procedural Public Policy Cases in International Commercial Arbitration
Inae Yang

Chapter 16 - Respecting Awards Annulled at the Seat of Arbitration: The Road from Chromalloy to TermoRio 
Jonathan I. Blackman and Ellie Norton

Chapter 17 - Enforceability of Foreign Arbitration Awards in the U.S. 
Vince Ferrito

PART IV: International Mediation 

Chapter 18 - Confidentiality in International Mediation
Klaus Reichert

Chapter 19 - Negotiating in Good Faith 
David I. Bristow and Edward W. Lynde

Chapter 20 - Selecting a Mediator in International Disputes: Dare We Speak of Mediation as “Winnable”?
Claudia T. Salomon

Chapter 21 - The Power of Mediation to Resolve International Commercial Disputes and Repair Business Relationships
Alexandra Alvarado Bowen

Chapter 22 - What’s Brewing in the International Commercial Mediation Process: Differences from Domestic Mediation and Other Things Parties, Counsel, and Mediators Should Know
Paul E. Mason

Chapter 23 - Mediation and the North American Free Trade Agreement
Steven K. Andersen

Chapter 24 - Mediating International Environmental Tort Claims in the Shadow of the Alien Tort Claims Act
William G. Bassler and Yitzchok Segal

PART V:  Investment Arbitration 

Chapter 25 - Why Arbitrating against a State Is Different: Thirteen Key Reasons
Barry Leon and John Terry

Chapter 26 - Ten Golden Rules for U.S. Investors to Follow in Dispute Resolution Negotiations with a Foreign State or State Entity 
Arif H. Ali and Baiju S. Vasani

Chapter 27 - Bilateral Investment Treaties and Arbitration 
Marco E. Schnabl, Timothy G. Nelson, Julie Bédard, and Barry H. Garfinkel

Chapter 28 - An Investigation of WTO Arbitration Mechanism
Georgios I. Zekos

Chapter 29 - Investment Treaty Arbitration’s Contribution to International Commercial Arbitration
Barton Legum 

Chapter 30 - Investor Protection and Legal Security in International Arbitration 
Bernardo M.Cremades

Chapter 31 - Developments in NAFTA Arbitration: From Jury Verdicts to Amicus Briefs
John M. Townsend

Index 

 

The International Centre for Dispute Resolution® (ICDR), the international division of the American Arbitration Association (AAA), was established in 1996 to provide the same high-quality alternative dispute resolution (ADR) services available in the U.S. to individuals and organizations around the globe.  The ICDR's expertise in the administration of international arbitrations is well recognized. The ICDR has established cooperative agreements with 62 arbitral institutions in 43 countries worldwide.

Contributors

Professor Julian D M Lew QC is a full-time Independent International Arbitrator practising from 20 Essex Street, London.  He is also the founder and Head of the School of International Arbitration, Centre for Commercial Law Studies, Queen Mary, University of London.   Professor Lew has written extensively on all aspects of international arbitration including Applicable Law in International Commercial Arbitration and Comparative International Commercial Arbitration (co-author).  He holds a LL.B. from the University of London and a Doctorat Special en Droit International from the Catholic University of Louvian, Belgium.
 
Laurence Shore is a Partner at Herbert Smith Freehills, New York City, and specializes in international commercial arbitration and international investment arbitration. His law degree is from Emory University, where he was editor-in-chief of the Emory Law Journal. He also holds a Ph.D. in American History from Johns Hopkins University.

John B. Tieder Jr. is a Senior Partner in Watt, Tieder, Hoffar & Fitzgerald, L.L.P., with offices in Virginia, California, Florida, Nevada, Washington and affiliated offices in France and Germany. He holds an A.B. from Johns Hopkins University and a J.D. from Syracuse University and American University. Mr. Tieder is a charter member of the International Academy of Construction Lawyers and the American College of Construction Lawyers.  Among other honors, he was voted to the Best Lawyers in America, Construction Law for 2003-2015 and selected to Chambers USA Top Construction Lawyers in Virginia for 2004-2015. He has written widely on the subject of Construction and International Arbitration Law.  He regularly acts as an arbitrator, especially in construction disputes while maintaining his practice as an advocate.

Bernardo M. Cremades is Senior Partner of B. Cremades y Asociados, in Madrid. His e-mail address is bcremades-mad@ bcremades.com.

David J. A. Cairns is a Partner of B. Cremades y Asociados, Madrid, specialising in international commercial and investment arbitration. He holds LLB (Hons), LLM. (Toronto), and Ph.D (Cambridge) degrees. He is a Fellow of the Chartered Institute of Arbitrators in London, and a former Adjunct Professor at the University Carlos III of Madrid. His email address is d.cairns@bcremades.com.

Peter L. Michaelson, of Michaelson ADR Chambers, LLC in New York City, is an Arbitrator and Mediator primarily handling domestic and international IP, IT, technical and technology-related disputes. See www.plmadr.com. He is a panelist for various well-known institutions, including CPR, AAA and its international division ICDR, WIPO, LCIA, SIAC, KLRCA and HKIAC, as well as various federal and state courts, and a member of the tech neutrals list of the Silicon Valley Arbitration and Mediation Center. He is also a Fellow and Chartered Arbitrator of the Chartered Institute of Arbitrators and Chair of its New York Branch, a Fellow of the College of Commercial Arbitrators, and a member of the National Academy of Distinguished Neutrals.

Juan M. Alcalá is an Associate at Holland and Knight LLP, juan.alcala@hklaw.com. 

Camilo Cardozo is Co-chair of the US International Arbitration Group at DLA Piper, Camilo.Cardozo@DLAPiper.com.

Orlando Segura, Jr. is a Senior Associate in Gardere’s International Disputes Practice, OSegura@Gardere.com.

Pierre A. Karrer is an Honorary President of the Association Suisse de l’Arbitrage, a former Vice President of the Arbitration Institute of the Stockholm Chamber of Commerce, a former Vice President of the LCIA, and a former Member of the ICC International Court of Arbitration. Dr. Karrer serves on the panel of arbitrators of many international arbitration institutions. He has a website at www.pierrekarrer.com.

Wolf von Kumberg is the Managing Director of Global Resolution Services Ltd and Member of ArbDB Chambers London. Wolf was European Legal Director and Assistant General Counsel to Northrop Grumman Corporation and its predecessor, Litton Industries, Inc., for over 15 years. Prior to that he served five years as the Vice President – Legal Affairs for Litton Canada, after having spent several years in legal practice with a major Toronto Law Firm. He has received law degrees from Canadian and European Universities and is qualified as a lawyer in both Canada and England As Legal Director, he manages a staff of 10 persons and is responsible for the legal affairs of Northrop Grumman Corporation in Europe. He has offices in both London and Zurich. Mr. Von Kumberg has been involved in many of the Company’s International legal conflicts and has been a keen advocate for early dispute resolution. In that context, he was 2008 Chairman of the International Mediation Institute (IMI) which has advocated international standards for mediators. He is in addition a Fellow of the Chartered Institute of Arbitrators and sits on its Practice and Standards Committee. He is also a member of CPRS European Advisory and Steering Committees.

Julie Bédard is a Partner and Amanda Raymond Kalantirsky is an Associate in the International Litigation and Arbitration Group at Skadden, Arps, Slate, Meagher & Flom LLP in New York. Ms. Bédard holds a doctorate degree in conflict of laws.

Karl-Heinz Böckstiegel is Emeritus Prof. for International Business Law at the University of Cologne in Germany. He also serves as President of the German Institution. For Arbitration (DIS) and as the Patron of the Chartered Institute of Arbitrators. He formerly served as president of the London Court of International Arbitration (1993-1997) and as president of the Iran-U.S. Claims Tribunal, The Hague (1984-1988).

Raymond J. Werbicki is an Independent Commercial Arbitrator based in London. His details may be found at www.rwerbicki.com.

Walter G. Gans has served as a fulltime Arbitrator and Mediator for international commercial and sports disputes based in New York since 2002. He is a former Special Counsel at Kaye Scholer L.L.P., New York, and the former vice president, general counsel, and secretary of Siemens Corporation. He holds a B.A. from Bowdoin College and a J.D. and L.L.M. from New York University.

Marc J. Goldstein is Founding Partner of Marc J. Goldstein Litigation & Arbitration Chambers. Since 2009, he has acted as mediator of more than 70 international and U.S. domestic commercial disputes. Since 2006, he has acted as Chair, Sole Arbitrator and CoArbitrator of over 35 international and domestic commercial arbitrations under ICDR, LCIA, ICC, CPR and AAA Commercial/Large and Complex Case Rules.

Inae Yang, an Attorney with a doctoral degree in law, is a Lecturer in the College of Business at San Jose State University.

Jonathan I. Blackman is a Partner at the New York office of Cleary Gottlieb Steen & Hamilton LLP, specializing in international litigation and arbitration.

Ellie Norton is an Associate at Cleary Gottlieb Steen & Hamilton LLP in New York, where she focuses on litigation and arbitration.

Vince Ferrito is an Associate at Cravath, Swaine & Moore LLP. He graduated from the Fordham University School of Law and Fordham Graduate School of Arts and Sciences where he studied law and international political economy.  He formerly served as an active duty officer in the United States Marine Corps and is currently employed as a Group Operations Manager for Panasonic Corporation of North America.

Klaus Reichert is a Barrister in Dublin, Ireland. He serves as an arbitrator and has significant experience with commercial mediation, both as counsel and as mediator.

David I. Bristow Q.C., L.S.M., C. Arb. is a Toronto based provider of ADR services consisting of Mediations, Arbitrations, and Early Neutral Evaluations. He is co-author of the leading text on the subject of construction law in Canada. He is a member of the American Arbitration Associations panel of arbitrators, a mediation and arbitration panel member of the International Chamber of Commerce, a mediation and arbitration panel member with the Centre for Public Resources Institute of Dispute Resolution, a member of the Swiss Dispute Board Federation, and a charter member of the non-profit organization Mediators Beyond Borders. To contact the author: e-mail bristow@dibristow.ca; website www.davidibristow.com; or telephone (416) 975-4043 or (416) 565-6876.

Edward W. Lynde is an associate lawyer with McLauchlin & Associates in Toronto, Ontario and practices all aspects of construction law. Mr. Lynde holds a H.B.A. from Trinity College, University of Toronto, a J.D. from the University of Windsor and a L.L.M. from Northwestern University. To contact the author: e-mail elynde@mclauchlin.ca; website www.mclauchlin.ca or telephone (416)368-2543.

Claudia T. Salomon is a Partner and Co-chair of the International Arbitration practice at Latham & Watkins.  She can be reached at claudia.salomon@lw.com.

Alexandra Alvarado-Bowen is a Toronto-based bilingual mediator, negotiator and ADR trainer and advisor. She currently works for the Ontario Government as the Senior Manager/Registrar of 3 Tribunals from the Social Justice Tribunals Ontario. In 2012 she was the proud recipient of the Ontario Prix Excelsior Award. Alexandra obtained her LL.B. at Catholic University in Ecuador. In 2006 she earned her LL.M. in Alternative Dispute Resolution from Osgoode Hall Law School. She was part of the teaching team for the “Theory and Practice of Mediation” course at Osgoode Hall Law School, where she designed and lectured a “Mediation Skills” course. She has also been a Professor at Guayaquil Catholic University in Ecuador, where she taught “Mediation”. In 2004, the American Arbitration Association elected Alexandra as the Hoellering Fellow of the year. The American Arbitration Association awards this fellowship every year to an outstanding individual committed to advancing international dispute resolution. In 2005 she published “The Power of Mediation to Resolve International Commercial Disputes and Repair Business Relationships” in the Dispute Resolution Journal. It is also published in Chapter 22 - AAA/ICDR Handbook on International Arbitration and ADR. Alexandra has attended numerous training programs in ADR, including the Harvard Negotiation and Advanced Negotiation workshops and the ADR Training with Stitt Feld Handy Group. As an ADR advisor, Alexandra was part of the group of ADR experts who was selected by the World Bank to create the first Mediation Centre at the Superior Court of Justice in Guayaquil, Ecuador. For this project Alexandra trained the judges and the lawyers in mediation skills and gave conferences on ADR to the media and the general public. She also mediated during the first two years of the project and trained the subsequent mediators. The Centre has been fully operational since 2004. She can be reached at alexita@sympatico.ca.

Paul E. Mason is International Counsel, Arbitrator and Mediator based in Brazil and Miami. He is former Legal Director/Latin America for multinationals Digital Equipment, Oracle, and 3Com. He mediated his first large complex case involving $50 million in 1983 and specializes in mediating high-value international commercial cases with the ICDR, the ICC, U.S. federal courts, and the Brazil – Canada Chamber of Commerce with parties from Latin America, Western Europe, Russia and the U.S. Please see www.paulemason.info for his full profile.

Steven K. Andersen is Vice President of International Development of the American Arbitration Association’s international division the International Centre for Dispute Resolution.  Since 2001 he has had direct responsibility for the organization’s activities, programs and developments including mediation in Canada, Mexico and the United States.  He is also a member of the NAFTA 2022 committee which focuses on availability, use and effectiveness of arbitration and other procedures for the resolution of private international commercial disputes in the free trade area.

William G. Bassler, a former Judge on the U.S. District Court for the District of New Jersey (1991-2006) and the Superior Court of the State of New Jersey (1988-1991), currently serves on the mediation and arbitration panels, CPR International Institute for Conflict Prevention and Resolution, the American Arbitration Associa¬tion and the International Centre for Dispute Resolution. He is also an adjunct professor at the Fordham University School of Law.

Yitzchok Segal is currently serving as a Law Clerk to the Hon. Paul A. Crotty, a judge on the U.S. District Court for the Southern District of New York.

Barry Leon is the Commercial Court Judge in the High Court of the Eastern Caribbean Supreme Court, in the Territory of the Virgin Islands. Prior to March 2015, Justice Leon was a Partner and Head of the International Arbitration Group at Perley-Robertson, Hill & McDougall LLP in Ottawa. Until mid-2009 he was a Partner with Torys LLP in Toronto.

John Terry is a Partner with Torys LLP in Toronto. He has one of Canada’s leading practices in investment treaty arbitration, as well as practicing business, international and public litigation.

Arif H. Ali is Co-Chair of Dechert’s International Arbitration Practice, resident in Washington, D.C. He is also an adjunct professor of law at Georgetown University and an Honorary Lecturer at the University of Dundee’s Centre for Energy, Mining and Petroleum Law and Policy.

Baiju S. Vasani is a Partner in Jones Day’s International Arbitration Practice, resident in the London office. He previously was an adjunct professor of law at Georgetown University. 

Marco E. Schnabl is a Partner at the New York office of Skadden, Arps, Slate, Meagher & Flom LLP (“the firm”) and member of the International Arbitration and Litigation practice. 

Timothy G. Nelson is a Partner at the New York office of Skadden, Arps, Slate, Meagher & Flom LLP (“the firm”) and member of the International Arbitration and Litigation practice.

Barry H. Garfinkel is Of counsel at the New York office of Skadden, Arps, Slate, Meagher & Flom LLP (“the firm”) and member of the International Arbitration and Litigation practice. 

Dr. Georgios Zekos has earned a BS (econ), J.D., LLM, PhD(Law), and PhD(Econ). zekosg@yahoo.com. He is the author of International Commercial and Marine Arbitration 2008 Routledge-Cavendish Publishers, London, www.routledge.com.

Barton Legum is a Partner in Dentons’ Paris office and Head of the firm’s Investment Treaty Arbitration Practice.  Barton has over 25 years’ experience in litigating and complex cases and has argued before numerous international arbitration tribunals, the International Court of Justice and a range of trial and appeals courts in the United States.  His practice focuses on international arbitration in general and arbitration under investment treaties in particular.  He is a Past Chair of the American Bar Association’s Section of International Law, an international bar organization with over 24,000 members from over 90 countries around the world.  Earlier in his career, Bart served as Chief of the NAFTA Arbitration Division in the Office of the Legal Adviser at the U.S. Department of State.  In that capacity, he acted as lead counsel for the United States Government in some of the first arbitrations under the investment chapter of the North American Free Trade Agreement (NAFTA).  The United States won every case decided under his tenure.  He is a founding editor of International Litigation Strategies and Practice (2005; 2d ed. 2014), a book published by the American Bar Association. Bart is often published on international dispute resolution topics and frequently speaks at conferences on international arbitration and litigation.  Mr. Legum holds a D.E.A. in public international law from the Université de Droit, d’Economie et de Sciences Sociales de Paris. He is a member of the bars of Paris, New York and Georgia. He can be reached at barton.legum@dentons.com.

John M. Townsend is a Washington, D.C., Partner of Hughes Hubbard & Reed LLP, where he chairs the Arbitration and ADR Group. He was the Chairman of the Board of Directors of the American Arbitration Association from 2007 to 2010 and was a member of the “2022 Committee” appointed by the United States pursuant to Chapter 20 of the NAFTA from 1998 until 2005.