PDF of Title Page and T.O.C

Foreword  

PART I: Issues in International Arbitration Practice and Procedure    

Chapter 1 - Paying Attention to “Culture” in International Commercial Arbitration
William K. Slate II

Chapter 2 - A Fair and Efficient International Arbitration Process
John Fellas

Chapter 3 - Using Experts Effectively and Efficiently in Arbitration
Patricia D. Galloway

Chapter 4 - Civil and Common Law: Contrast and Synthesis in International Arbitration
Urs Martin Laeuchli

Chapter 5 - Improving Arbitration through Technology: A Quest for Basic Principles
Thomas D. Halket

PART II: International Arbitration Procedure    

Chapter 6 - Selecting an Arbitral Institution to Administer International Arbitration:  Are National or Regional Centers a Viable Option?
John B. Tieder, Jr.

Chapter 7 - Saving Time and Money in Cross-Border Commercial Disputes
Walter G. Gans

Chapter 8 - Starting an International Commercial Arbitration: Using a Preliminary Hearing Letter
Carol Chave

Chapter 9 - Managing an International Arbitration: A Practical Perspective
Claude R. Thomson and Annie M. K. Finn

Chapter 10 - The Chess Clock: A Time-Management Technique for Complex Cases
Mark E. Appel

Chapter 11 - Navigating Muddy Waters: Anti-Foreign Suit Injunctions in Aid of Compelling Arbitration
Chris Karagheuzoff and Eric Epstein

PART III: Discovery and Evidence in International Arbitration    

Chapter 12 - Managing Discovery in International Arbitration
Bernardo M. Cremades

Chapter 13 - Electronic Discovery in International Arbitration 
Jonathan L. Frank, Julie Bédard, and Colm P. McInerney

Chapter 14 - Presenting, Taking and Evaluating Evidence in International Arbitration
Karl-Heinz Böckstiegel

Chapter 15 - The U.S. Judicial Assistance Statute: A Powerful Tool in International Arbitration?
Theodore J. Folkman and David L. Evans

Chapter 16 - Section 1782 Discovery in International Arbitration
Maurice M. Suh and Christopher M. Francis

Chapter 17 - Written Witness Statements: A Practical Bridge of the Cultural Divide
John A. Wolf and Kelly M. Preteroti

Chapter 18. Cross-Examination in International Arbitration
Mark A. Cymrot

PART IV: Ethics in International Arbitration Practice    

Chapter 19 - Comparing Arbitrator Standards of Conduct in International Commercial, Trade and Investment Disputes
Omar E. García-Bolívar

Chapter 20 - Negotiating in Good Faith
David I. Bristow and Edward W. Lynde

Chapter 21 - The Transient and the Permanent in Good Arbitrator Behavior
William W. Park

Chapter 22 - Arbitrator’s Disclosure Standards: The Uncertainty Continues
Juan M. Alcalá, Camilo Cardozo, and Orlando Segura, Jr.

Chapter 23 - Philosophy Can Help Tribunals Draft Awards that Parties will Accept as Legitimate
Teresa Giovannini

Chapter 24 - Counsel Comportment in International Arbitration
William W. Park

PART V:  Damages, Review and Enforcement of International Arbitration Awards    

Chapter 25 - Costs in International Commercial Arbitration
Murray L. Smith

Chapter 26 - Interpreting the New York Convention: A U.S. Perspective
Tong Wang

Chapter 27 - Sovereign Immunity and the Enforcement of Arbitral Awards against State Entities: Recent Trends in Practice
A.F.M. Maniruzzaman

Chapter 28 - In International Arbitration, Disclosure Rules at the Place of Enforcement Matter Too
Peter L. Michaelson

Chapter 29 - Respecting Awards Annulled at the Seat of Arbitration: The Road from Chromalloy to TermoRio
Jonathan I. Blackman and Ellie Norton

Chapter 30 - Enforceability of Foreign Arbitration Awards in the U.S.
Vince Ferrito

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

William K. Slate II is the former Chief Executive Officer and President of the American Arbitration Association.  

John Fellas is a Partner at Hughes Hubbard & Reed LLP (New York City). He acts as counsel and serves as an arbitrator in international arbitration proceedings.

Patricia D. Galloway is the President and CEO of Pegasus Global Holdings, Inc. and serves on the Board of Directors of the American Arbitration Association (AAA) and its Executive Committee. She is the Past Chair of the AAA’s National Construction Dispute Resolution Committee and is an arbitrator on the AAA’s Megaproject, Energy, Commercial, and its Large, Complex Case Panel for construction and international cases. Dr. Galloway is a member of several other arbitral institution panels and serves on multiple Independent Expert Review Panels for megaprojects. She holds a Certificate in Dispute Resolution from Pepperdine and a Diploma in International Commercial Arbitration from the Chartered Institute of Arbitrators (CiArb).  She is also an elected member of the College of Commercial Arbitrators and a Fellow of CiArb.  Additional biographical information is available at www.pegasus-global.com.

Urs Martin Laeuchli is an Arbitrator with the ICDR, ICC, CIETAC, the BAC, and the Swiss-American Chamber of Commerce; he is a Fellow of: the College of Commercial Arbitrators, the Chartered Institute of Arbitrators, and the Center for International Legal Studies; and former Chair of the Arbitration Committee of the Bar Association of San Francisco.

Thomas D. Halket is a Partner in Halket Weitz LLP in New York and an Adjunct Professor at the Fordham University School of Law where he teaches courses on International Arbitration, IP Transactions Law and Entrepreneurship Law. An experienced arbitrator and mediator, he has chaired the American Arbitration Association’s Technology Advisory Committee and is a member of the AAA’s commercial, large complex, technology and IP and international panels. He also serves on the panels of the Chartered Institute of Arbitrators, the CPR Institute for Dispute Resolution and the World Intellectual Property Organization, among others. He is a Fellow of the Chartered Institute and Chartered Arbitrator, a Fellow of the College of Commercial Arbitrators, a Member of the London Court of International Arbitration and a Freeman of the Worshipful Company of Arbitrators. This article has been adapted from the author’s previously published article, “The Use of Technology in Arbitration: Ensuring the Future Is Available to Both Parties,” 81 St. Johns L. Rev. 269 (2007).

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.

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.

Carol Chave served on the commercial panel of the American Arbitration Association for many years and currently serves on the international panel of the International Centre for Dispute Resolution. Admitted to practice in New York and Illinois, Ms. Chave spent 20 years as in-house counsel to international banks in New York City.

The late Claude R. Thomson (d. 2010), Q.C., LL.D., was a Chartered Arbitrator, a mediator and a litigation consultant in Toronto. He was also a Co-chair of ADR Chambers International.

Annie M. K. Finn is a Program Lawyer in The Advocates’ Society in Toronto. She assisted Mr. Thomson in the preparation of this article. The authors acknowledge the contributions of Berkley Sells of Fasken Martineau DuMoulin LLP. Initial research for the article was conducted by Maria Sirivar, Andrew Newman, and David Contant, former students-at-law at Fasken Martineau.

Mark E. Appel is an independent, international Arbitrator, Mediator, Consultant, Trainer and Principal at Appel Dispute Resolution. Mr. Appel has nearly 40 years of global arbitration and mediation experience, having served in both executive and senior executive positions at the American Arbitration Association (AAA) and International Centre for Dispute Resolution (ICDR), leaving ICDR/AAA as Senior Vice President, EMEA in December of 2015. (For information about the ICDR, see www.icdr.org.) He can be reached via email at appelm@AppelDisputeResolution.com). This article was also published in French in Cahiers d’Arbitrage.

Christopher Karagheuzoff and Eric Epstein are Partners in the Trial Group of the New York office of Dorsey & Whitney LLP. The focus of their law practice is on corporate litigation and arbitration, with particular emphasis on commercial disputes, class action and products liability defense,  financial services, insurance and antitrust litigation. Dai Wai Chin Feman, an Associate in Dorsey & Whitney’s New York office, contributed to this chapter.

Bernardo M. Cremades is a Senior Partner and Founder of the law firm B. Cremades y Asociados in Madrid. He is former President of the Spanish Court of Arbitration, a member of the International Council for Commercial Arbitration and a former vice president of the London Court of International Arbitration. He is a member of various international organizations, including the International Bar Association and the Institute of World Business Law of the International Chamber of Commerce. The author’s e-mail address is bcremades@bcremades.com.

Jonathan L. Frank and Julie Bédard are both Partners, and Colm P. McInerney is an Associate, in the International Litigation and Arbitration group at Skadden, Arps, Slate, Meagher & Flom in New York.  Mr. Frank was a member of the American Arbitration Association Task Force on Documentary and Electronic Discovery.  The views expressed are those of the authors alone and should not be attributed to the authors’ firm or its clients.  The authors are grateful to Kyla Jackson, a former associate, and Eva Chan, an associate, in Skadden’s International Litigation and Arbitration group in New York, for their assistance with this chapter.  The authors welcome e-mail responses to this commentary. They can be reached at the following e-mail addresses: jofrank@skadden.com, jbedard@skadden.com, and colm.mcinerney@skadden.com.

Karl-Heinz Böckstiegel is Emeritus Professor 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).

Theodore J. Folkman and David L. Evans are shareholders at the law firm of Murphy & King, P.C., in Boston, Massachusetts.

Maurice M. Suh is a Partner in the Los Angeles office of Gibson, Dunn & Crutcher LLP.  He is a member of the Litigation Department.  His practice focuses on complex business litigation and the representation of clients in conjunction with governmental compliance and enforcement actions.  He can be reached at msuh@gibsondunn.com.  

Christopher Francis is an Associate in Gibson Dunn’s L.A. office.  He practices in the firm’s Litigation Department.  His e-mail address is cfrancis@gibsondunn.com.

John Anthony Wolf is a Principal at Ober|Kaler, a law firm with offices in Baltimore, Virginia and Washington, D.C. John Anthony Wolf practices in the construction field, negotiating contracts, litigating and practicing ADR, both as a participant and as an arbitrator and party neutral in domestic and international matters. His practice involves power, industrial, public works and commercial projects in the U.S. and abroad.

Kelly M. Preteroti, a Principal at Ober|Kaler, focuses on fiduciary, employment and commercial litigation.

Mark A. Cymrot is a Senior Partner in Baker & Hostetler LLP in Washington, D.C.

Omar E. García-Bolívar is an International Arbitrator formerly listed on the panel of ICSID and currently listed on the panels of the ICC, the World Intellectual Property Organization, the Panama-Taiwan trade agreement dispute resolution board and the China International Economic and Trade Arbitration Commission. He is president of BG Consulting Inc., a Washington, D.C.-based consulting firm specializing in, among other things, investment disputes. Mr. García-Bolívar is admitted to practice law in Venezuela, New York, Washington, D.C., and the U.S. Court of International Trade. The opinions expressed in this paper are the author’s and do not reflect the views of any organizations with which he is affiliated. The author may be contacted at omargarcia@bg-consulting.com.

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.

William W. Park is Professor of Law at Boston University. He is also President of the London Court of International Arbitration and General Editor of Arbitration International.

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.

Teresa Giovannini is a Founding Partner of LALIVE (1994) specialising in international arbitration (including setting aside proceedings with the Swiss Supreme Court), as well as art law. She is a Member of the ICC Court of Arbitration and the ICC Commission on Arbitration and ADR since 1 July 2015. She was a Member and Vice-President of the LCIA Court from 2006 until 2011 and a member of the Arbitral Council of the Milan Chamber of Arbitration from 1997 to 2005.

Murray L. Smith is a Canadian and English barrister practicing with Smith Barristers in Vancouver, British Columbia.  He serves as an arbitrator primarily in international arbitration cases. He is a member of the American Arbitration Association’s international panel, and also a Fellow and international tutor with the Chartered Institute of Arbitrators. www.smithbarristers.com.

Tong Wang practices in the area of international arbitration and is a listed Neutral for International Centre for Dispute Resolution, Hong Kong International Arbitration Center, China International Economics & Trade Arbitration Commission, Shenzhen Court of International Arbitration. She is a partner and heads Rosensteel Law’s U.S.-China practice. She is admitted to the bar in New York, the U.S. District Courts for the Southern and Eastern Districts of New York, the U.S. Court of International Trade, United States Court of Appeals for the Second Circuit and District of Columbia Court of Appeals, and has practiced law in the People’s Republic of China. In addition to her arbitration practice, she specializes in corporate law, information technology law, intellectual property and international business transactions. From 1993-1997, Ms. Wang taught at the University of International Business and Economy Law School in Beijing. She holds an LL.B. and an LL.M. from Beijing University Law School and an LL.M. from Northwestern University School of Law. She can be reached at twang@rosensteellaw.com.

A.F.M. Maniruzzaman, holds the following degrees: LLB (Honours), LLM (Dhaka), M.Int’l.Law (ANU), PhD (Cambridge), FRSA, FRGS, MCIArb. Dr. Maniruzzaman is Professor & Chair in International and Business Law, School of Law, University of Portsmouth, U.K. and Honorary Fellow (Professorial), Centre for Energy, Petroleum, and Mineral Law and Policy, University of Dundee; Council Member, ICC Institute of World Business Law, Paris; Advisory Board & Academic Council Member, the Institute of Transnational Arbitration, U.S.A.; Member, Swiss Arbitration Association; Member, European Court of Arbitration; Member, ILA International Committee on International Commercial Arbitration. He has been a visiting professor of law at the Faculty of Law, University of Western Ontario and China University of Political Science and Law, Beijing. He is also a visiting professor (elect), Beijing International Studies University. He is a Senior Fellow, Energy Charter Secretariat, Brussels and a member of its Legal Advisory Task Force. He is a founding member of the IDR Group® (international dispute resolution specialists: idrgroup.org), based at Lamb Chambers, London; Advocate, Supreme Court of Bangladesh. He has acted as an international legal consultant to governments, the Commonwealth Secretariat, HQ, London, top multi¬national law firms in London and New York, international organizations and multinational corporations. He has served as an expert / counsel in ICC and ICSID arbitrations. Dr. Maniruzzaman may be contacted by email at munir.maniruzzaman@port.ac.uk.

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 AAA and its international division ICDR, CPR, 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. The author can be contacted at pete@plmadr.com.

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 the New York office of Cravath, Swaine & Moore LLP. He graduated from Fordham University School of Law and Fordham 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.