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Enforcing Mediation Settlement Agreements in Australia

April

May

Compelling Non-Signatories to Arbitrate: Balancing the Promotion of International Arbitration with Protecting the Corporation

Federal Jurisdiction in Arbitration

Germany - An Experiment With Small Claims Mandatory Conciliation

July

The Double Life of Victim-Offender Mediation in France

The Enforcement of Arbitral Awards in China

August

The Application of Mandatory Law and Public Policy in International Commercial Arbitration

September

English High Court Renders Fundamental Decision on Nature of Investment Treaty Arbitration

The Increasing Infallibility of NAFTA Chapter 11 Awards: A Contextual Look at the Feldman Judicial Review

The Use of Summary Arbitral Proceedings to Enforce Mediated Settlements

October

A Student Perspective on the Need for International Law and a Global Perspective

December

Commercial Arbitration in Mercosur: Recent Developments

Does Turkish Law Favor Arbitration?

WAMR 2004

January

The Management of Change in the Judiciary: A Case Study of Court-Annexed Mediation in the Ljubljana District Court

February

National Arbitration Forum (NAF): Recent Domain Name Awards (A)

March

Commercial Mediation in Russia: Making the Process a Reality

Outcomes of Arbitration: An Empirical Study on Consumer Lending Cases

April

The UNCITRAL Model Law on International Commercial Conciliation

May

The Enforceability of Italian Arbitration Awards Abroad

June

International Dispute Resolution

Mediation Case Law: 2003 in Review

July

Judicial Policies on Mediation and ADR: Australian Trends

The Viability of Arbitration in Brazil Today

August

An Assessment of Arbitration and Mediation as Means of Resolving Commercial Disputes Compared with Litigation: A Review of Maxwell J. Fulton, Commercial Alternative Dispute Resolution

Exporting Western Conflict Resolution: A Perspective on Trainging in the Solomon Islands

September

The Practice of Mediation Online: Techniques to Use or Avoid When Mediating in Cyberspace

Neutrality of Dispute Resolvers in International Commercial Dispute Resolution

October

Cultural Predictability in International Arbitration

ICSID Tribunal Constituted Under Switzerland-Philippines BIT Split on the Impact of a Forum Selection Clause on Its Jurisdiction

Pioneering an Approach to Mediating Large Disputes

November

Probity Deconstructed - How Helpful, Really, are the New International Bar Association Guidelines on Conflicts of Interest in International Arbitration?

December

Certiorari Sought in Case Raising Major Issues for Arbitration

WAMR 2003

January

The Enforcement of Foreign Arbitral Awards in the Ukraine?

February

March

April

Has Mediation Made the Courts Irrelevant? An Australian Perspective

May

The September 11 Victim Compensation Fund: A Road From Hell Paved With Good Intentions

The Story of Arbitration Law

June

July

On Arbitration and ADR, International Labor Disputes, and the Permanent Court of Arbitration

U.S. District Court Upholds September 11 Victim Compensation Scheme

On Arbitration and ADR, International Labor Disputes, and the Permanent Court of Arbitration

August

An Overview of the Ordinance on Commercial Arbitration of Vietnam of February 25, 2003

September

Standardizing Mediation Confidentiality in the United States

October

ADR and International Aviation Disputes Between States

WAMR 2002

January

The Prospective Revision of Japanese Arbitration Law

The Multi-Faceted Investment Arbitration Rules of NAFTA

March

Cases Brought Under the NAFTA Investment Arbitration Rules

April

An Employer's Guide to Understanding the Arbitration of Statutory Employment Claims

May

Second Circuit Reads the Law Narrowly to Hold That Arbitration Cannot be Compelled on an Estoppel Theory and Remands on a Veil-Piercing Theory

Model Law on International Commercial Conciliation

Crisis Negotiations: How Labor and Management can Best Navigate Major Changes in the Midterm Contract Period

June

"Concitration": The Ultimate Example of ADR

ABA Ethics Committee Opines That Legal Malpractice Claims Are Arbitrable

July

California State Court Rejects Party Right to Increased Judicial Scrutiny

August

An Overview of the Ordinance on Commercial Arbitration of Vietnam of February 25, 2003

September

Standardizing Mediation Confidentiality in the United States

December

CCPIT/CCOIC Conciliation Center and its Conciliation

WAMR 2001

Denials of Certiorari

The Supreme Court Short-Circuits the Public Policy Exception to the Enforcement of Arbitral Awards in Safety-Sensitive Industries

A Critique of the Uniform Arbitration Act (2000) (Part Two)

Alternative Dispute Resolution In Higher Education

Maritime Arbitration in London

Resolving Disputes Over ILO Convention Compliance: A Proposal for a Mediaiton Service to Help Resolve Conflicts Among Governments, Employers, Unions and NGOS Over Conformity to ILO Conventions

Establishing Neutrality in Arbitrations Involing Closely-Knit Industries

Co-opting the Federal Judiciary: Contractual Expansion of Judicial Review of Arbitral Award

Arbitration: A License to Steal

WAMR 2000

Rice Fowler Reports on Arbitration in Latin America

The Uniform Mediaiton Act - A Radical Approach to Confidentiality

The Conciliation Service Program of the Court of Appeal of Quebec

Arbitration in Vietnam

ADA Mediation Guidelines

A Critical View of the Dispute Settlement Mechanism Under the Turkey-Israel Free Trade Agreement

Mediating Statutory Employment Claims A New Role for the Alliance for Education in Dispute Resolution

A Critique of the Uniform Arbitration Act (2000) (Part One)

Comparison of the Dispute Settlement Mechanisms Under the Turkey-Israel FTA and NAFTA

The Mother of All Mediations

WAMR 1999

Perspectives

Rice Fowler Reports on Latin American Arbitration

The Fifth Circuit Affirms the Arbitrability of Pennzoil Ramco Azerbaijani Oil and Natural Gas Development Rights Dispute

The Court of Arbitration for Sport

International Judicial Assistance and Arbitration

Hamline University School of Law: Pioneering Dispute Resolution Programming At Home and Abroad

An Informational Note on Aggregation Devices in Arbitration

Major Ways of Challenging Arbitration "Agreements" In The Non-Unionized Employment Setting

The Arbitral Agenda for UNCITRAL

The 1996 Brazilian Law on Arbitration

WAMR 1998

Arbitration: A Creative Alternative to Intellectual Property Litigation in Light og two Recent U.S. Supreme Court Decisions

The New German Law on Arbitration

The Proposed Venezuelan Legislation on Commercial Arbitration

A Preliminary Report on the Response of English Courts to the 1996 UK Arbitration Act

AAA Waves the Rules, and Consumer Arbitration May Never be the Same

The Rise of International Commercial Arbitration and the Demise of Judicial Recourse: Whatever Happened to "Public Policy"?

Latin American Commercial Arbitration: The Colombian Approach

WAMR 1997

The Union and Management Stake in the World of Alternative Dispute Resolution

Recent Decision Opens Wider Gateway to Unfair Binding Arbitration

The UK Arbitration Act 1996

New Rules for London Maritime Arbitration

Establishing and Defining Mediator Qualifications

International Construction Joint Ventures: Practical Issues and Concerns

WAMR 1996

Constitutional Limitations on Federal Government Participation in Binding Arbitration

Dispute Resolution in the Republic of Korea: A General Overview

A New Impetus for ADR in France?: The New French Law On Mediation and Conciliation

New Uses of the Due Process Protocol: The Expanding Role of ADR in the Workplace

WAMR 1995

China's New Arbitration Law

Notes on Early Stages of an International Arbitration: A Practical View for the Arabian Gulf

Compelling Arbitration of an Unsigned Arbitration Agreement

Court-Annexed ADR - Federal Legislation

Arbitration Benefits Both Parties

New Rules Prompt Rethinking: Is It Time to Arbitrate in Russia?

Fees and Costs

The WIPO Expedited Arbitration Rules: Fast-Track Arbitration I

Dispute Resolution in the Republic of Korea: A General Overview

Constitutional Limitations on Federal Government Participation in Binding Arbitration

WAMR 1994

An Overview of Philippine Law on Arbitration

An Outline of the Principles of the New Egyptian Law on Arbitration

Summary of Recent Swiss Federal Court Rulings on Arbitration

WAMR 1993

The Practical Advantages of Administered Arbitration

The Use of Principals in Minitrials

Hong Kong Court Refuses to Enforce Chinese Arbitration Award

Arbitration in Poland Today: Some Remarks

Enforcing Foreign Arbitral Awards Against Russian Entities

UNCITRAL Arbitration Rules under Sniper Fire Prove To Be Fire-Proof

Executing Arbitral Awards Against Russian Entities

Using ADR to Negotiate Land-Use and Development Regulations

Vietnam Creates International Arbitration Center; Contemplates Other Reforms

The Climate for Arbitration Gets Warmer; Multilateral Agreements Smooth the Way

Judicial Proceedings to Set Aside Arbitral Awards" Circumscribing Challenges in Continental Europe

Fraud in International Arbitration: Two Recent French Decisions

The New Arbitration Law in Mexico

WAMR 1992

Co-Med-Arb Technique Holds Promise for Getting Best of Both Worlds

Scope of Documentary Discovery in U.S. and International Arbitration

Mediation is Enjoying Rapid Growth in Hong Kong Construction Industry

Equality' is Required When Naming Arbitrators, Cour De Cassation Rules

Argentine Law and the ICC Rules: A Comment on the Ecofisa Case

California Law Brings ADR Into Local Public Works Claims Process

Enforcement of Foreign Awards in Hong Kong: Recent Cases

Setting Up an In-House Dispute Management Program

FDIC Favors Use of ADRs

WAMR 1991

Challenge to Clause in English Court May Give Court Wider Jurisdiction

Consolidation, Not ADR, Is Key in Settlement of Asbestos Litigation

Reciprocity is Key to Enforcement of Foreign Awards in Turkey

Minitrials: When, Where and How to Use Them

New Civil Procedure Law Affects Arbitration Practice in China

China Accedes to Hague Convention on Service of Judicial Documents

Korea Adopts More Liberal View of Enforcement of Foreign Awards

Mediation of Securities Disputes Compares Favorably with Arbitration

Supreme Court Rules on Severability, Waiver of Appeal, Right to be Heard

Hong Kong Supreme Court Issues First Decision on Model Law

WAMR 1990

Arbitration Institute of The Stockholm Chamber of Commerce

Examination of ICC's New Pre-Arbitral Refereee Procedure

International Commercial Arbitration in Japan

The Increased Use of Mediation to Resolve International Disputes

Comparisons of Arbitration Practice in England and the United States

Insolvent Company's Debt Should be Arbitrated, Australian Court Holds

A Practitioner's Guide to the New Hong Kong Arbitration Ordinance

Partnering' in Government Contracts: The Ultimate in Dispute Resolution?

1988 Law Makes Spain Well-positioned to be Commercial Arbitration Center

Daniela Páez-Salgado

Editor in Chief, Manuel A. Gomez

Deputy Editor in Chief, Nathalie Prieto

Editorial Board

Production Editor, Ana Elena Tovar Pigna
Production Editor, Mary Katie Berney
Managing Editor, Brittany Still
Senior Executive Editors, Ana Echeverry, Giselle Fernandez,
Communications Editor, Cecilia Ruiz Lujan
Development Editor, Jacob Leuze
Senior Staff Members, Kevin Cruz, Scarlett Singh

Board of Advisors

Shahla Ali is Associate Professor & Deputy Head (Student Affairs/Exchange) and Deputy Director of the LL.M. in Arbitration and Dispute Resolution of the Faculty of Law at the University of Hong Kong. Dr. Shahla Ali’s research centers on questions of governance, development and cross-border dispute resolution in East Asia. Before joining HKU, she worked as an attorney in the international trade and compliance group with Baker & McKenzie in its San Francisco office. She has consulted with USAID, IFC/World Bank and the United Nations on issues pertaining to access to justice, peace process negotiation training and land use conflict resolution. She serves as a bilingual arbitrator (English/Chinese) with CIETAC, HKIAC (ADNDRC), SIAC and is a member of the IBA Drafting Committee for Investor-State Mediation Rules, the DOJ Mediation Regulatory Framework Sub-Committee, and the FDRC Appointments Committee.

José Ricardo Feris is a partner in the International Dispute Resolution Practice Group of Squire Patton Boggs in Paris. He represents private and public entities in commercial and investment arbitration proceedings. He also sits as arbitrator in commercial ad hoc and institutional arbitration proceedings. Before joining the firm, Mr. Feris served at the ICC International Court of Arbitration, where he held a number of positions including Deputy Counsel, Counsel and Managing Counsel before he was appointed Deputy Secretary General in 2011. He also served as Secretary of the ICC Latin American Arbitration Group, Co-Chair of the ICC Young Arbitrators Forum and Acting Secretary General. He received his law degree “magna cum laude” from the Pontificia Universidad Católica Madre y Maestra in the Dominican Republic, where he served as Chair of the Law Students Association. Heholds an LL.M. in International Legal Studies from New York University, where he served as Graduate Editor of the Journal of International Law and Politics. He is admitted to practice in the Dominican Republic. His experience in international dispute resolution includes being a law clerk to Judges Rezek and Kooijmans at the International Court of Justice in The Hague. He also worked for the Legal Advisor to the President of the Dominican Republic and represented the Dominican Republic before the Free Trade Agreement of the Americas’ negotiation rounds. In 2006, Mr. Feris was recognized by Junior Chamber International as "Outstanding Young Dominican.” He has also been identified by Latin Lawyer as having one of the most noteworthy arbitration careers of the Latin American diaspora. He is a founding member of the Latin American Arbitration Association (ALArb).

Carlos Suplicy de Figueiredo Forbes is the President of the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada - CAM-CCBC, the most traditional and well-known Arbitration Center in Brazil. In the year since he assumed the position, he has worked to improve the best practices of CAM-CCBC and to promote its internationalization. Mr. Forbes routinely serves as arbitrator and as legal counsel in arbitrations involving corporate, contracts and civil, regulatory and commercial matters. He is the senior partner of the litigation and arbitration practice of Mundie e Advogados. He holds law degree from the Universidade do Estado do Rio de Janeiro - UERJ (LLB, 1988), a post-graduate degree in civil procedure law (PUC/SP, 1991). He is member of the Brazilian Bar (São Paulo, Rio de Janeiro, Distrito Federal, Pernambuco, Rio Grande do Sul and Minas Gerais sections) and of numerous organizations, including, the Brazilian Arbitration Committee – CBAr (former Vice President and current member of its Executive Council), the Movimento de Defesa da Advocacia – MDA (Advocacy Defense Movement) (former President and current board member), the International Council for Commercial Arbitration – ICCA, the International Bar Association – IBA and the Associação dos Advogados de São Paulo – AASP (São Paulo Association of Attorneys-at-Law).

Nuria Gonzalez-Martin is a foremost expert in alternative dispute resolution in family disputes and cross-border child abduction and protection issues. She holds a Ph.D. in Private International Law from Pablo de Olavide University, Seville, Spain. She is a certified mediator in family, civil and commercial law as well as a professor and senior researcher at the Law Research Institute of the National Autonomous University of Mexico (UNAM); external counselor to Mexico’s Foreign Affairs Ministry; editor in chief of the “Boletín Mexicano de Derecho Comparado"; member of the International Academy of Comparative Law (IACL), of the Mexican Academy of Sciences (AMC); and General Secretary of the American Association of Private International Law (ASADIP). She has authored 17 books, is the winner of UNAM’s 2008 Young Scholar Award in Social Studies, was a Visiting Scholar and Fellow, Stanford Law School 2012-2015. In 2015 Professor Gonzalez-Martin was selected as a Weinstein International Fellow JAMS Foundation. Prof. Gonzalez-Martin's ongoing work is focused on expanding the use of ADR in international family law cases.

Gilberto Guerrero Rocca is a Professor of Law at the Universidad Católica Andrés Bello in Venezuela, International Legal Program Manager at Florida International University College of Law, and Of Counsel at WDA Legal. Mr Guerrero received a J.D. equivalent degree (summa cum laude) in 1997 and a (LLM) degree in Administrative Law in 2001 (Universidad Católica Andrés Bello). In 2003 he also completed a (LLM) degree in Business Law from Universidad Francisco de Vitoria in Madrid, Spain. More recently he earned a (JSM) degree from Stanford Law School where he conducted extensive research on International Arbitration (Thesis, Honors). Since 2003 he has been teaching arbitration in UCAB and has published several books and articles on Arbitration, Constitutional, Business and Administrative Law. In 2015, he joined UNIMET Law School as Adjunct Professor on Law & Society. He has for many years served as arbitrator in antitrust, commercial and investment arbitration, constitutional litigation and handled regulatory affairs for domestic and international law firms. He clerked for the President of the Supreme Tribunal and its Constitutional Chamber. He is arbitrator of the Caracas’ Chamber of Commerce, CEDCA (ICC affiliated) and a frequent speaker in the Arbitration Committee of the American-Venezuelan Chamber of Commerce.

Janet Martinez is the Director of the Gould Negotiation and Mediation Program Program, and Co-Director of the Gould Alternative Dispute Resolution Research Initiative at Stanford Law School. Janet Martinez focuses her research and consulting on the lawyer’s role in negotiation, domestically and internationally; conflict resolution system design; facilitation of public disputes, particularly in the fields of international trade and the environment; negotiation and consensus-building training; and negotiation curriculum development for clients in the public, private, and nonprofit sectors. In addition to her role as director of the law school’s Gould Negotiation and Mediation Program, Professor Martinez is a senior consultant at the Consensus Building Institute in Cambridge, Massachusetts, a nonprofit institution whose mission is to improve conflict resolution. She is a consultant at Lax Sebenius, a negotiation consulting firm in Concord, Massachusetts. Before joining the Stanford Law School faculty in 2002, she did research, writing, and teaching in various aspects of negotiation at Harvard University’s graduate schools of business, law, and government and was senior counsel for the McKesson Corporation.

Lawrence (Larry) W. Newman is Of Counsel at Baker & McKenzie in New York. Mr Newman practices mainly in the areas of international litigation and arbitration. He represents clients in courts and before arbitration tribunals, and has served as arbitrator in cases under the rules of the American Arbitration Association (the International Centre for Dispute Resolution) and the International Chamber of Commerce. He is co-editor of several publications including International Arbitration Checklists and The Leading Arbitrators' Guide to International Arbitration. Mr. Newman has lectured on international litigation and arbitration before bar and law school audiences in the US and abroad. He founded the New York Litigation Department together with the late Professor Henry de Vries. Mr. Newman has represented clients in trial and appellate courts across the US in a variety of matters involving contract and fraud disputes, as well as violations of federal securities law and the RICO Act. He is highly regarded for leading the New York Litigation Department in representing more claimants against the government of Iran arising out of the revolution there than any other law office in the world.

Luis Ortíz Alvarez is Head of the International Arbitration and Public Law Practice of InterJuris. Mr. Ortiz-Alvarez concentrates his practice in International Arbitration, Constitutional Law, Administrative Law, Antitrust, Public Contracting, Torts, Expropriation and Takings, and Litigation. He advises both local and multinational corporations doing business and investing in Venezuela in the regulatory aspects of their activities, investments’ protection, and national and international litigation. He has been appointed by leading global law firms as a legal expert in Venezuelan law in numerous multimillion-dollar international investments disputes and commercial arbitrations. He has also acted as counsel or adviser in international arbitration. He has appeared before the most important arbitration panels and foreign courts as expert witness, including the International Chamber of Commerce (ICC), the International Centre for Settlement of Investment Disputes (ICSID, the London Court of International Arbitration (LCIA), and the London High Court of Justice, Queen’s Bench Division-Commercial Court. His experience in Public Law, Antitrust, and Arbitration and Mediation has been recognized by Chambers Latin America and Best Lawyers. Prior to joining InterJuris Abogados, Mr. Ortiz-Alvarez worked as a partner at a leading Venezuelan law firm.

Ryan Reetz is the managing partner of the Miami office of Bryan Cave LLP where he represents clients as trial counsel in international and domestic commercial and regulatory disputes. His international disputes practice focuses on cases involving one or more foreign companies, persons, or governments, as well as disputes involving other interests of foreign countries, such as enforcement of foreign judgments or arbitral awards, international discovery, and service of process abroad. His practice also includes class actions, complex commercial litigation, and regulatory matters. In addition to acting as counsel, he has served as an arbitrator in international commercial disputes. Mr. Reetz frequently writes and lectures on arbitration and litigation topics. He teaches transnational civil litigation and arbitration as an adjunct professor at Emory University School of Law, and taught the same subject at the University of Miami School of Law from 2003 to 2010. He also serves as a visiting professor at the University of Navarra School of Law in Pamplona, Spain, and was a 2015 Scholar-in-Residence at New York University School of Law. Mr. Reetz is also an instructor for the Florida Regional Program of the National Institute for Trial Advocacy and has lectured at the Swiss Arbitration Academy and at a number of law schools, including Doshisha University, Marmara University, Istanbul Bilgi University and Istanbul Kültür University. He is the co-author (with Pedro J. Martinez-Fraga) of Public Purpose in International Law: Rethinking Regulatory Sovereignty in the Global Era, published by Cambridge University Press. Mr. Reetz currently serves as the chair of the Miami International Arbitration Society. From 2013-2014, he served as the chair of the International Law Section of the Florida Bar. He is active in numerous other professional organizations, including the American Law Institute, where he serves on member consultative groups for the Restatement of the Law, The U.S. Law of International Commercial Arbitration and the Restatement (Fourth), The Foreign Relations Law of the United States.

David Restrepo-Amariles is Assistant Professor of Private International Law at HEC Paris. He also teaches Contract Law and Introduction to Anglo-American Law, and Company Law. He holds a Ph.D in Law from the Université Libre de Bruxelles, a LL.M summa cum laude from the Katholieke Universiteit Brussels and the European Academy of Legal Theory, a M.A. summa cum laude from the International Institute of Sociology of Law, and a valedictorian LL.B in Law, minor in Commercial Law, from Universidad Pontificia Bolivariana. David Restrepo is a qualified lawyer to the Colombian Bar. He has clerked at the regional judiciary, practiced in the field of commercial law, and provided legal advice in UN human rights programs and the negotiation of free trade agreements. He is former director of the working group "European Union-Colombia Trade Relations." Before joining HEC Paris, he was Assistant Lecturer and Research Fellow at the Université Libre de Bruxelles. He previously held visiting lecturer positions at the Goethe-Universität Frankfurt on International Investment Law, the University of Stockholm in Legal Management, the Universidad Pontificia Bolivariana in Private Law and the Université Libre de Bruxelles in Legal Theory and Comparative Law. He has been Research Associate and Project Manager to European Union research and policy projects on International law. His works rely on socio-legal and quantitative research methods to study new instruments of regulation of transnational trade, commerce and investment. In particular, he investigates the rise of commercial and investment arbitration, the evolution of international contracts and the emergence of transnational legal indicators. Some of his most recent publications are a landmark article on the “Mathematical Turn” in development and trade policy (Bruylant, 2014) and a book on Latin American Constitutionalism (Lambert Press, 2010). He is currently guest editor of the Journal of Legal Pluralism. He is a member of the British Branch of the International Law Association and the Law and Society Association. He was awarded the RCSL-LSA Young Scholar Sponsorship in 2008.

Maya Steinitz is a Professor of Law at the University of Iowa College of Law and Visiting Professor at Harvard Law School (Spring 2018). She teaches civil procedure, complex litigation, business associations, international business transactions, and international arbitration. Her research focuses on a wide range of topics in public and business international law, transnational dispute resolution, and the global legal profession. She is one of the nation’s leading experts on litigation finance. Her articles have been published by leading law reviews and law journals published by Yale Law School, Harvard Law School, Stanford Law School, University of Pennsylvania Law School, Oxford University, and others. Professor Steinitz regularly serves as an arbitrator, expert, and counsel in international and domestic arbitrations and is a Member of the ICC Commission on Arbitration and of the Academic Council of the Institute for Transnational Arbitration. She also served on the inaugural bench of the Israeli-Palestinian ICC Jerusalem Arbitration Center (JAC).

Author/Editor Detail:

Editor in Chief, Manuel A. Gomez

Deputy Editor in Chief, Nathalie Prieto

Editorial Board

Board of Advisors

Table of Contents:

Tables of Contents and articles from each WAMR issue are linked below:

Volume 14 2020 Number 3

PDF OF TITLE PAGE AND T.O.C.

Subsequent Agreements: Problem Solvers or Troublemakers? Legal Constraints on State Interpretation of Investment Treaties
Marina Coelho Reverendo Vidal and María Elisa Zavala Achurra

Revisiting the Economic Value of the Choice of Law in the Age of Artificial Intelligence
Crenguta Leaua, Leonardo Conte, and George Leaua

Siblings of Peace Separated at Birth: International Labor Protection and International Arbitration
Manuel A. Gómez

Volume 14 2020 Number 2

PDF OF TITLE PAGE AND T.O.C.

if It Ain't Broke, Don't Fix It: The New York Convention; Promoting Its Use, Interpretation and Development in Latin America
Manuel A. Gomez

Liquidated Damages for Noncompliance with an Antisuit Injunction: An Overview of Its Potential and Efficacy
Shahab Jafari and Elahe Jahangard

Investment Protection of Cryptocurrencies: The Conundrum of Deterritorialization
Matteo Pistillo

Investor-State Dispute Settlement and the Battle against Climate Change
Sabrina Ramos

Volume 14 2020 Number 1

PDF OF TITLE PAGE AND T.O.C.

Principles of Investment Arbitration Planning in Latin America
Jose P. Barnola, Jr.

Renewable Energy Regulatory Reforms under the Elastic Constraints of Investment Treaties:
Lessons from the Past Decade of Investment Arbitration Cases
Mengdi Zhou

Decrypting the Arbitrability of Cryptocurrency Disputes in India
Shreya Singh

International Commercial Arbitration in Miami: A Historical Study of Miami's Rise as the
Preferred Arbitral Seat for Latin American Disputes
Zoila Noas

Volume 13 2019 Number 4

PDF OF TITLE PAGE AND T.O.C.

Letter from the Editor
Manuel A. Gómez

Puerto Rico: The Recognition and Enforcement of Foreign Arbitral Awards
Rafael Cox Alomar

The Seat of the Arbitration: An Empirical Study of Its Meaning and Relevance in International Commercial Arbitration
Lakshay Arora

Multi-door Mediation: A Composite Process for Conflict Resolution
Maria de Nazareth Serpa

Lifting the Veil on Confidentiality: The Mediator's Quandary
Sidra Ahmad

The Tragedy of TANS Peru Flight 204: Lessons on International Air Disaster Mediation Fifteen Years Later
Wesley Bowman

Volume 13 2019 Number 3

PDF OF TITLE PAGE AND T.O.C.

Letter from the Editor
Manuel A. Gómez

Determining Patent Validity in International Arbitration
William H. Baker

Validity and Interpretation of Pathological Arbitration Clauses
Emre Koluman

Compelling Arbitration: Contractual, Court-Mandated, and Constitutional Challenges
Stuart M. Boyarsky

The "Negative Effect" of Inconsistency: The "Dual" Function of Kompetenz-Kompetenz in Latin America and the Venezuelan Case
Gilberto A. Guerrero-Rocca

The Changing Landscape of Provisional Measures under the ICSID Convention
Aachman Shekhar

Volume 13 2019 Number 2

PDF OF TITLE PAGE AND T.O.C.

Letter from the Editor
Manuel A. Gómez

The Relevance of the CISG in Settling International Arbitration Claims Arising due to COVID-19 in Absence of Force Majeure and Hardship Clauses
Gilberto A. Guerrero-Rocca

Startup B2B Conflicts: Arbitration of Technology Sector Disputes in Latin America
Thais Amaral Dourado

Maneuvering through the Digital Labyrinth: Contemporary Realities and Prospective Challenges in E-Arbitration
Amisha Raghuvanshi and Vidushi Keshan

A 'BIT'tersweet Tale, Indeed: Enforcement of Investment Arbitration Awards in India
Parina Muchhala

Disclosure of Third-Party Funding in International Investment Arbitration: The Implications of Rule 14 as Proposed in ICSID Working Paper 4
R. Daniel Knaap

Volume 13 2019 Number 1

PDF OF TITLE PAGE AND T.O.C.

Letter from the Editor
Manuel A. Gómez

Considerations in Investment Arbitration in Times of a Global Pandemic
Maria Eugenia Ramirez and Ivan Bracho González

The Interaction between State Courts and Arbitral Proceedings in Germany – Unexpected Obstacles in Times of COVID-19?
Simon Sawert

Volume 12 2018 Number 4

PDF OF TITLE PAGE AND T.O.C.

Letter from the Editor
Manuel A. Gómez

Denationalizing Counsel Ethics in International Arbitration
Mohamed Sweify

Arbitration Costs: The Case of Adverse Costs (Honorários Sucumbenciais) in the Brazilian Legal System
Cláudio Finkelstein

Mediated International Settlement Agreements: The New Era
Ankit Sharma

The Implications of the Ratification of the New York Convention for Commercial Arbitration in Sierra Leone
Osman Jalloh

Online Arbitration Agreements under The UNIDROIT Principles
Ihab Amro

A Review of “Moonlighting” ICJ Judges and the international Call For Impartiality in Investor-State Dispute Resolution
Ashira Vantrees

Volume 12 2018 Number 3

PDF OF TITLE PAGE AND T.O.C.

Letter from the Editor
Manuel A. Gómez

Development Status of the Respondent State as a Consideration in Investment Arbitration
Kriti Chopra

Arbitrating Pharmaceutical Disputes in the Asia Pacific
Joanne Ewen

The Prodigal Son Comes Homes: Ecuador Returns to Investment Arbitration
Gilberto A. Guerrero-Rocca

Book Review
Congor Istvan Nagy, ed., Investment Arbitration and National Interest
Boris Prastalo

Volume 12 2018 Number 2

PDF of title page and T.O.C.

Letter from the Editor
Manuel A. Gómez

The Challenge of Algocracy in Arbitral Decision-Making
Sophie Nappert

From the Stone Age to Black Mirror: Memory-Retrieving Technology in International Arbitration
José Maria de la Jara, Alejandra Infantes, Diana Garate

Arbitration and Blockchain in the Banking and Financing Sector
Duarte G. Henriques

The Current State of Affairs of Information Technology in International Arbitration
Katarina Dobsinksa

Volume 12 2018 Number 1

PDF of Title Page and T.O.C.

Letter from the Editor
Manuel A. Gómez

The Hague Convention of October 25, 1980 on the Civil Aspects of International Child Abduction and the Role of Mediation in
Resolving International Child Abduction Cases

Hans van Loon

The Institutionalization of International Family Mediation—an Example of a Professional Network Approach

Cilgia Caratsch

Designing a System for the Online Resolution of Cross-Border Custody Disputes

Janet Martinez, Colin Rule, Susan M. Yates

The Legal Framework for Mediating Parenting and Child Abduction Disputes in the United States and Mexico

Ann Laquer Estin

International Parental Child Abduction in Mexico: Some Approaches to Programs and Projects in International Family Mediation

Nuria Gonzalez-Martin

Volume 11 2017 Number 4

pdf of title page and t.o.c.

Letter from the Editor
Manuel A. Gómez

Application of Overriding Mandatory Rules in International Commercial Arbitration: An Empirical Analysis

Ibrahim Mohamed Nour Shehata

Penalty Clauses in International Arbitration: A Comparative Snapshot

Duarte G. Henriques

Ramifications of Exceeding the Time Limit to Issue an Award: An Assessment

Mostafa Abu-Hagras

Mexico Joins ICSID: A Coherent and Consistent History Underpinning the Rule of Law but Not Investment

Orlando Federico Cabrera Colorado

Eve Perez Torres

Volume 11 2017 Number 3

PDF OF TITLE PAGE AND T.O.C.

Lettter from the Editor
Manuel A. Gómez

Articles

The Exception to the Rule: The Nonrecognition of Foreign Arbitral Awards by U.S. Courts

Mariana Aguieiras Cuozzo

Florida: An Approach to Third Party Funding

Ana E. Tovar Pigna

Political Risk in Energy-Related Investment Disputes

Hakan Sahin

Volume 11 2017 Number 2

PDF OF TITLE PAGE AND T.O.C.

Lettter from the Editor
Manuel A. Gómez

Articles

In Case of Fire, Please Denounce the ICSID Convention: The Socio-Legal Risks of Adopting a Pro-State Approach towards Articles 71-72
Dealing with Sovereign Repeat Players - WAMR 2017 Vol. 11, No. 2

Gilberto A. Guerrero-Rocca

The Ometto Case: An Analysis of the Decision Taken by the Brazilian Superior Tribunal de Justiça - WAMR 2017 Vol. 11, No. 2

Thaisa Wosniack

Cooperation as a Structuring Element of Interface between the Judiciary Branch and the Arbitral Chamber - WAMR 2017 Vol. 11, No. 2

Humberto Dalla Bernardina De Pinho and Marcelo Mazzola

Zaydee Portomene

Volume 11 2017 Number 1

PDF OF TITLE PAGE AND T.O.C.

Lettter from the Editor
Manuel A. Gómez

Articles

The Role of ICSID Tribunals in the Combat against Corruption
Romy Descours-Karmitz

Towards an Effective System of Interim Relief in International Arbitration
Luis Ortiz-Alvarez

Book Review

Formalized Diplomacy: A Review of Arbitrating for Peace: How Arbitration Made a Difference
Marcus Antonio Nielsen

Volume 10 2016 Number 4

PDF OF TITLE PAGE AND T.O.C.

28^th Annual ITA Workshop - When Justice Delayed would be Justice Denied: Emergency Arbitrators and Interim Measures in International Arbitration

Welcome Remarks
Abby Cohen Smutny

Keynotes: Interim Measures in International Arbitration

Keynotes Introduction
Jennifer Kirby

Keynote: Interim Measures: The Slow Evolutions of Quick Arbitral Relief
James E. Castello

Keynote: Emergency Arbitration: Justice on the Run
Prof. Patricia Shaughnessy

Mock Scenario

Mock: Interim Measures Hearing

Part 1
David Brynmor Thomas

Part 2
John Beechey, Dominique Brown-Berset, Elizabeth Devaney, Alejandro Ogarrio, Hansel T. Pham, Noradèle Radjai and Tomasz J. Sikora

Forms of Interim Relief
Jennifer Kirby, John P. Bang, The Hon. Faith Hochberg and Ank Santens

Ethical Obligation or Ethical Violation
David Brynmor Thomas, Natalie L. Reid and Roland Ziadé

Interim Measures Against States
Jennifer Kirby, Marinn Carlson, Eloïse Obadia and Anton A. Ware

Interim Measures in Practice: Institutional Insights
Jennifer Kirby, Steven K. Andersen, Chiann Bao and Annette Magnusson

Are Arbitral Decisions Granting Interim Relief Enforceable
David Brynmor Thomas, The Hon. Edward C. Chiasson, Prof. Jack J. Coe, Jr. and Andrés Jana

Concluding Remarks
Abby Cohen Smutny

Articles

Do “Dual Hats” Cause Arbitrator Bias? An Empirical Assessment of Decisionmaking by Investment Arbitrators who also Work as Counsel
Alexander Bedrosyan

Volume 10 2016 Number 3

PDF OF TITLE PAGE AND T.O.C.

Keynote Address: Should Arbitral Awards be Right, or Just Enforceable?

Ian Binnie C.C., Q.C.

Commentary by Professor Victoria Shannon Sahani

Arbitrator Ethics through the lens of Arbitrator Role: Are Arbitrators Adjudicators or Service Providers?

Ank Santens, Moderator

Margaret L. Moses, Panelist

Laurence Shore, Panelist

Who should regulate the Advocates and what should be regulated? The future of Ethics Regulation in International Arbitration

Erin O’Hara O’Connor, Moderator

R. Doak Bishop, Panelist

Marie-Claude Rigaud, Panelist

Mairée Uran Bidegain, Panelist

Commentary by Professor Victoria Shannon Sahani

The Role of the Arbitrator: Adjudicator or Service Provider?

Margaret L. Moses

Shifting Sands: New Trends on Ethics Regulation of Arbitrators in Investor-State Dispute Settlement

M.L. Jaime, PhD

Arbitrating Issues of Corruption in India: An Unchattered Begining
Manu Sanan

Prejudgment Interest and the Fallacy of the Invalid Round Trip
Aaron Dolgoff and Tiago Duarte-Silva

Prejudgment Interest and the Fallacy of the Invalid Round Trip: A Reply
Manuel A. Abdala, Pablo D. López Zadicoff and Pablo T. Spiller

Volume 10 2016 Number 2

PDF OF TITLE PAGE AND T.O.C.

A Conversation with Gerald Aksen
Gerald Aksen and Prof. Andrea K. Bjorklund

Tools Available to a Tribunal in a Commercial Arbitration to Investigate Suspicions of Corruption
Ian Meredith and Jonathan Graham

Volume 10 2016 Number 1

Statements as Evidence of State Practice for Custom Creation in International Investment Law
Patrick Dumberry

Violations of Fair and Equitable Treatment in Investor-State Arbitration: The Use of Proportionality to Contractually Agreed Sanctions
Daniela Páez-Salgado

How “International” Is International Arbitration?
Caline Mouawad

Judicial Attitudes towards Anti-Arbitration Injunctions in Pakistan, England, and France
Ikram Ullah

Development of Arbitration in Turkey
Okan Demirkan, Gürhan Aydin & Burak Eryiğit

Volume 9 2015 Number 4

Subconscious Influences in Arbitral Decision-Making
Margaret L. Moses, Jeffrey J. Rachlinski, Shari Seidman Diamond & Edna Sussman

Cross-Cultural Approaches to Advocacy and Arbitral Decision-Making
R. Doak Bishop, Andrès Jana, June Junghye Yeum, David Brynmor Thomas & Laurent Lèvy

A New Era of Investor-State Arbitration?
Donald Francis Donovan

Written Advocacy, Subconscious Influences, and Differing Cultural Expectations
Margaret Moses, Josè Maria Alonso, Jennifer Kirby & Maria Vicien-Milburn

Oral Advocacy, Subconscious Influences, and Differing Cultural Expectations
Josè I. Astigarraga, James L. Loftis, Anne Vèronique Schlaepfer, Eduardo Zuleta, Claus von Wobeser & John M. Townsend

Ethics and Subconscious Influences
Luke Sobota, Rachael D. Kent & Claus von Wobeser

Volume 9 2015 Number 3

PDF of Title Page and T.O.C.

Key Note Presentation: Everything You Always Wanted to Know About Foreign Bribery and Corruption but Were Afraid to Ask
Nicola Bonucci

Allegations of Corruption in the Underlying Claim: The Evidentiary Challenges
Stanimir A. Alexandrov, Lucinda A. Low, Andrea J. Menaker

Allegations of Corruption in the Underlying Claim: What Remedies are Available to the Arbitral Tribunal?
Charles N. Brower, John Crook, Chiara Giorgetti

Remedies for Corruption
John R. Crook

New Brazilian Arbitration Act: The Main Changes and The New Scenario
Eliana Baraldi, Marina Morelli

Volume 9 2015 Number 2

2014 Year in Review: The Top Ten Developments in International Energy Arbitration
Laurence Shore

The Revised IBA Guidelines on Conflicts of Interest in International Arbitration
David Arias

Expecting the Unexpected: How International Energy and Oilfield Services Companies Manage Front Page Geopolitical Events
James L. Loftis, Michol L. Ecklund, Jay G. Martin, Steven S. Runner

A Conversation with Professor J. Martin Hunter
J. Martin Hunter, Jarrod Wong

Blowing Hot and Cold: State Commitments to Arbitrate Investment Disputes
Timothy G. Nelson

Volume 9 2015 Number 1

Sovereigns Rule Again: Recent Challenges to Enforcement and Execution of Arbitral Awards Against Sovereigns
Jaroslav Kudrna

What is the Fair and Equitable Treatment Standard? Content and Sources
Marta de Sousa Nunes Vicente

TTIP and CETA vs. NAFTA: Reflections on Treaty Negotiations under Public Scrutiny

Michael P. Daly

Switzerland: Conciliation and Mediation under the New Provisions of the Code of Civil Procedure

Andrea E. Rusca

Volume 8 2014 Number 4

The Expectation: How Important is Enforcement in the Choice of International Arbitration?
Kevin O'Gorman, Michael S. Goldberg, Karl Hennessee, Gregory Odry

The Present Reality: How Well Does Enforceability Hold Up in Practice?
James L. Loftis, Mark Lowes, Gaëtan Verhoosel, Reinmar Wolff

Enforcement Strategy Starts Early: Choosing the Seat of the Arbitration
Mark Feldman, Fedelma Claire Smith, Jack J. Coe, Jr., Claudia Salomon, Ank Santens

Enforceability of Arbitral Awards: Customary Law, State Responsibility, and the Role of the International Court of Justice
Bernardo Sepulveda Amor, R. Doak Bishop

Recent Challenges to Enforcement in the Investment Treaty Field

Sabine Konrad, Dolores Bentolila, Karel Daele, Martina Polasek

The Market for Awards
Alvaro Galindo, Victoria Shannon, Mick Smith, Maxi Scherer

21st Century Enforcement Strategies
Elizabeth Snodgrass, John Fellas, Tomasz Sikora, Jim Mintz

The Spectre of Enforcement Risk and Inefficient Arbitral Procedures
Eduardo Zuleta, Michael Evan Jaffe, Jean E. Kalicki, Elisabeth Eljuri

State Responsibility for Non-Enforcement of Arbitral Awards
Deyan Draguiev

Volume 8 2014 Number 3

The Future of Large-Scale Claims
Carolyn B. Lamm

Commercial Arbitration: Class Claims
Christopher Drahozal, Deepak Gupta, and Geneviève Saumier

Investment Arbitration: Mass Claims
S.I. Strong, Michael Waibel, and Samuel Wordsworth

Mass and Class Claims in Arbitration: A Canadian Perspective
Geneviève Saumier

Mediation in England & Wales, Hong Kong and Singapore: Arbitration's Reactions to Developments in Litigation
Alexander McKinnon

Investment Arbitration in 2021: A Look to Diversity and Consistency
Leah D. Harhay

Volume 8 2014 Number 2

CAN STATE COUNTERCLAIMS SALVAGE INVESTMENT ARBITRATION?
Ina C. Popova and Mark W. Friedman

OVERLAPPING INVESTOR-STATE ARBITRATION CLAUSES FOR ENERGY AND ENVIRONMENTAL DISPUTES IN THEENERGY CHARTER TREATY AREA
Odysseas G. Repousis

A CONVERSATION WITH HON. CHARLES N. BROWER
Hon. Charles N. Brower with Prof. Charles H. Brower, II

THE APPLICABLE LAW IN FOREIGN INVESTMENT DISPUTES
Jan H. Dalhuisen and Andrew T. Guzman

MOVING THE GOAL POST! HOW SOME NAFTA TRIBUNALS HAVE CHALLENGED THE FTC NOTE OF INTERPRETATION ON THE FAIR AND EQUITABLE TREATMENT STANDARD UNDER NAFTA ARTICLE 1105
Patrick Dumberry

Volume 8 2014 Number 1

GOING SOFT: TOWARDS A NEW AGE OF SOFT LAW IN INTERNATIONAL INVESTMENT LAW?
Marc Jacob and Stephan W. Schill

NAVIGATING THE "GATEWAY" TO INTERNATIONAL ARBITRATION IN THE U.S. COURTS ‒ A DECADE OF ADVENTURES, POST-HOWSAM
Timothy G. Nelson

CONFLICTS OF INTEREST AND DISCLOSURE DUTIES OF NON-MARTIAN ARBITRATORS
Manuel Conthe
Antonio Delgado

ARBITRATION UNDER THE BRAZILIAN LAW WITH REGARD TO THE MAIN CHANGES SUGGESTED BY THE REFORM COMMITTEE
Deborah Alcici Salomão

Volume 7 2013 Number 4

WELCOME REMARKS TO THE 25TH ANNUAL ITA WORKSHOP

ITA: THE FIRST TWENTY-FIVE YEARS

THE THEORY AND REALITY OF THE ARBITRATOR: WHAT IS AN INTERNATIONAL ARBITRATOR?

ARBITRATOR TRANSPARENCY: LISTS, COMMENTS AND RATINGS: A DEBATE

INTRODUCTION TO THE MOCK

THE MOCK: SCENARIO FOR ITA MOCK AND DISCUSSION POINTS

SCENE I: APPLICATIONS TO PREVENT COUNSEL FROM ACTING

SCENE II: THE ARBITRATOR’S POWERS TO CONTROL COUNSEL CONDUCT

THE MOCK: PANEL DISCUSSION

25 YEARS OF INTERNATIONAL ARBITRATION: THE PAST AND THE FUTURE

THE ARBITRATOR AND CONSIDERATIONS OF PUBLIC POLICY

ADVOCACY FROM THE ARBITRATOR’S PERSPECTIVE: WHAT IS HELPFUL AND WHAT IS NOT

ARBITRAL DECISION-MAKING: THE LEGAL THEORY AND THE PSYCHOLOGICAL REALITY

GENERAL COUNSEL PANEL: WHAT ARBITRATORS SHOULD DO BETTER

BIBLIOGRAPHY – 25TH ANNUAL ITA WORKSHOP

INTRODUCTION OF THE HON. CHARLES N. BROWER, ON HIS RECEIPT OF THE 2013 PAT MURPHY AWARD

ACCEPTANCE REMARKS: 2013 PAT MURPHY AWARD

Volume 7 2013 Number 3

CONCLUDING REMARKS
Andrea K. Bjorklund

ARTICLES ARBITRATING “ARBITRABILITY”
Alan Scott Rau

ENFORCEMENT OF FOREIGN ARBITRAL AWARDS IN CHINA:
DOMINANT ROLE OF THE SUPREME PEOPLE’S COURT
Qisheng HE

Volume 7 2013 Number 2

25TH ANNIVERSARY OF THE DALLAS WORKSHOP INSTITUTE FOR TRANSNATIONAL ARBITRATION
INSIGHTS AND IDEAS FROM ITA MEMBERS

INTRODUCTION
Charles H. Brower II and Abby C. Smutny

CHOICE OF VENUE AND THE RULE OF LAW
Klaus Reichert

LIMITS ON JUDICIAL INVOLVEMENT IN ARBITRATOR SELECTION
Lionel M. Schooler

CIVIL LIABILITY OF ARBITRATORS AND ARBITRAL INSTITUTIONS IN INTERNATIONAL COMMERCIAL
ARBITRATION: THE DEVELOPMENT OF THE ARBITRATION LAWS AND RULES IN THE LAST 30
YEARS
Pilar Perales Viscasillas

MED-ARB: AN ARGUMENT FOR FAVORING EX PARTE COMMUNICATIONS IN THE MEDIATION
PHASE
Edna Sussman

Volume 7 2013 Number 1

25TH ANNIVERSARY OF THE DALLAS WORKSHOP INSTITUTE FOR TRANSNATIONAL ARBITRATION

"THE BEST OF THE BEST"

INTRODUCTION
R. Doak Bishop, ITA Chair

2000 - THE DOCKET AND DECISION-MAKING PROCESS OF THE INTERNATIONAL COURT OF JUSTICE
Stephen M. Schwebel

2001 - INTERNATIONAL ARBITRATION AND SOVEREIGNTY
W. Michael Reisman

2002 - THE WORLD OF INTELLECTUAL PROPERTY AND THE DECISION TO ARBITRATE
David D. Caron

2002 - THE COMING CRISIS IN THE GLOBAL ADJUDICATION SYSTEM
Charles N. Brower
Charles H. Brower II
Jeremy K. Sharpe

2003 - WAITING FOR LOEWEN
Jan Paulsson

2004 - THE ARBITRATOR AND THE LAW: DOES HE/SHE KNOW IT? APPLY IT? HOW?
AND A FEW MORE QUESTIONS
Gabrielle Kaufmann-Kohler

2005 - REFLECTIONS OF AN INTERNATIONAL ARBITRATOR
Gerald Asken

2006 - INTERIM MEASURES UNDER UNCITRAL's MODEL LAW NEW PROPOSALS
James Castello

2006 - WHY BOTHER AND WHY IT MATTERS?
V.V. Veeder

2007- DEVELOPING SUCCESSFUL NEGOTIATING SKILLS
James A. Baker, III

2008 - FRAMING THE CASE ON QUANTUM
William W. Park

2008 - DAMAGES IN INTERNATIONAL ARBITRATION: LESS IS MORE, MORE OR LESS
Lucy F. Reed

2009 - WHOSE ARBITRATION IS IT ANYWAY?
A CORPORATE PERSPECTIVE ON THE DUTIES OF COUNSEL AND ARBITRAL TRIBUNAL
Carla Powers Herron

2009 - ARBITRATION INTEGRITY: THE TRANSIENT AND THE PERMANENT
William W. Park

2009 - THE INTERNATIONAL ARBITRATOR AS A TRANSNATIONAL JUDGE
Donald Francis Donovan

2010 - MORAL HAZARD IN INTERNATIONAL DISPUTE RESOLUTION
Jan Paulsson

2011 - ADVOCACY IN INTERNATIONAL ARBITRATION
Toby Landau

2012 - THE QUALITY OF ARBITRAL DECISION-MAKING AND JUSTIFICATION
R. Doak Bishop

2013 - A CONVERSATION WITH GARY BORN
Gary Born
Professor Linda J. Silberman

Volume 6 2012 Number 4

24TH ANNUAL WORKSHOP OF THE INSTITUTE FOR TRANSNATIONAL ARBITRATION

"THE FINAL CURTAIN: POST-HEARING SUBMISSIONS, DELIBERATIONS AND ENFORCEMENT"

WELCOME AND INTRODUCTION
Lucy F. Reed, ITA Chair

ITA 24th ANNUAL WORKSHOP PROGRAM

BIOGRAPHIES OF WORKSHOP FACULTY

INTRODUCTION TO WORKSHOP AND ACT I
Jennifer M. Smith, Workshop Co-Chair

ACT I: POST-HEARING ISSUES

     SCENE I: CLOSING AND COSTS SUBMISSIONS

     SCENE II: REACHING A DEAL OR WAITING FOR THE AWARD, LATE SETTLEMENT ISSUES

     PANEL DISCUSSION / QUESTION AND ANSWER

INTRODUCTION TO ACT II
Phillippe Pinsolle

ACT II: DELIBERATION: THE UGLY, THE BAD AND THE GOOD

     SCENE I: THE UGLY

     SCENE II: THE BAD

     SCENE III: THE GOOD

     PANEL DISCUSSION / QUESTION AND ANSWER

LUNCHEON PRESENTATION: THE QUALITY OF ARBITRAL DECISION-MAKING AND JUSTIFICATION
R. Doak Bishop

INTRODUCTION TO ACT III

ACT III: RECONSIDERATION - CHALLENGE - ENFORCEMENT

     SCENE I: DEBRIEFING

     SCENE II: LOCAL ENFORCEMENT CHALLENGES

     PANEL DISCUSSION / QUESTION AND ANSWER

CORPORATE COUNSEL AND ARBITRATOR PERSPECTIVES
Mark C. Morril, Moderator
Dominique Brown-Berset
Teresa Cheng
Fred G. Bennett
Mark L. Greenberg

CLOSING REMARKS
Lucy F. Reed

BIBLIOGRAPHY - "THE FINAL CURTAIN: POST-HEARING SUBMISSIONS, DELIBERATIONS AND ENFORCEMENT"

ITA SERVICES AND EVENTS

SCOREBOARD OF ADHERENCE TO TRANSNATIONAL ARBITRATION TREATIES, AS OF JANUARY 15, 2013
Elina Mereminskaya
Monique Sasson

ITA 2013 CALENDAR OF EVENTS

ITA MEMBERSHIP APPLICATION

Volume 6 2012 Number 3

9TH ANNUAL ITA-ASIL CONFERENCE ARBITRATION IN TIMES OF CRISIS

INTRODUCTION BY THE CONFERENCE CO-CHAIRS
Andrew Newcombe
John R. Crook

KEYNOTE ADDRESS: THE ARGENTINE CASES: AN EVALUATION OF 10 YEARS OF ARBITRATION -- POSSIBLE LESSONS FOR ICSID
V.V. Veeder

ARGENTINA'S ICSID ARBITRATIONS AND THE UNCC EXPERIENCE: CONSISTENCY AND CAPABILITY IN MASS CLAIMS
Cymie R. Payne

DIVINING THE CONTENT OF THE CUSTOMARY INTERNATIONAL LAW MINIMUM STANDARD OF TREATMENT FROM THE JURISPRUDENCE OF THE U.S.-MEXICO GENERAL CLAIMS COMMISSION
Jennifer Thornton

THE PARADOXICAL ARGENTINA CASES
José E. Alvarez
Gustavo Topalian

INTERNATIONAL ARBITRATION AND THE ARGENTINE CASES: AN EVALUATION OF 10 YEARS OF ARBITRATION -- INSTITUTIONAL ASPECTS
L. Yves Fortier

1ST ANNUAL ITA WINTER FORUM

INTRODUCTION BY THE CONFERENCE CO-CHAIRS
Susan D. Franck
Leah D. Harhay

NO ARBITRATION IS AN ISLAND: THE ROLE OF COURTS IN AID OF INTERNATIONAL ARBITRATION
Charles C. Correll
Ryan J. Szczepanik

THE DEATH OF THE TWO-HEADED NIGHTINGALE: WHY THE PAULSSON-VAN DEN BERG PRESUMPTION THAT PARTY-APPOINTED ARBITRATORS ARE UNTRUSTWORTHY IS WRONGHEADED
Charles N. Brower
Charles B. Rosenberg

BOOK REVIEWS

WHEN INTERNATIONAL LAW WORKS REALISTIC IDEALISM AFTER 9/11 AND THE GLOBAL RECESSION BY TAI-HENG CHENG
John R. Crook

SINGAPORE LAW ON ARBITRAL AWARDS BY CHAN LENG SUN SC
David D. Caron

Volume 6 2012 Number 2

LIBER AMICORUM ABASCAL
PART II*

INTRODUCTION AND DEDICATION TO LIBER AMICORUM JOSÉ MARÍA ABASCAL
David D. Caron

INVESTOR STATE ARBITRATION

FRAMING THE WORK OF ICSID ANNULMENT COMMITTEES
David D. Caron

THE NEW ICC ARBITRATION RULES IN CASES INVOLVING STATES AND STATE ENTITIES
Ignacio Torterola

INTERNATIONAL RULES AND PROCEDURES

GOOD FAITH IN INTERNATIONAL ARBITRATION
Bernardo M. Cremades

A COMMENT ON THE ARBITRATION REGIME UNDER THE ROTTERDAM RULES: A BALANCED ONE
Rafael Illescas Ortiz

PRACTICAL CONSIDERATIONS IN INTERNATIONAL ARBITRATION

THE SELECTION OF THE RIGHT ARBITRATOR: PRACTICAL CONSIDERATIONS
Luis Enrique Graham

UNCITRAL IN FAVOR OF USING ELECTRONIC MEANS IN ARBITRATION
Agustín Madrid-Parra

THE ARBITRAL TRIBUNAL'S DECISION TO SUSPEND THE ARBITRATION
Claus von Wobeser

RIGHTS IN INTERNATIONAL ARBITRATION: INVESTOR AND ARBITRATOR

INVESTMENT PROTECTION RIGHTS: SUBSTANTIVE OR PROCEDURAL?
Francisco González de Cossío

WHAT ARE THE RESPONSIBILITIES OF AN ARBITRAL TRIBUNAL FACED WITH A BREACH OF INTEGRITY OF ONE OF ITS MEMBERS?
Eduardo Siqueiros T

ARBITRATION IN SPAIN

COMPANY ARBITRATION IN SPANISH LAW
Manuel Olivencia

ARBITRATION IN SPAIN: AN INTERNATIONAL PERSPECTIVE ON THE MODIFICATIONS INTRODUCED BY LAW 11/2011
Pilar Perales Viscasillas

Volume 6 2012 Number 1

LIBER AMICORUM ABASCAL
PART I

INTRODUCTION AND DEDICATION TO LIBER AMICORUM JOSÉ MARÍA ABASCAL
Luis Enrique Graham
Pilar Perales Viscasillas
Aníbal Sabater

UNCITRAL RULES AND MODEL LAW

GENERALIZING ABOUT THE VIRTUES OF SPECIFICITY: THE SURPRISING EVOLUTION OF THE LONGEST ARTICLE IN THE UNCITRAL MODEL LAW
James Castello

AD HOC INTERNATIONAL ARBITRATIONS -- THE WAY OF THE FUTURE?
C. Mark Baker
Efrén C. Olivares

THE MEXICO CITY NATIONAL CHAMBER OF COMMERCE COMMERCIAL ARBITRATION AND MEDIATION COMMISSION
Yanett Quiroz Valdovinos

MEXICO'S AMENDMENT TO FACILITATE JUDICIAL COOPERATION IN ARBITRATION
Rodrigo Zamora

EQUITY AND CULTURE: ANALYZING PERSPECTIVES

EX AEQUO ET BONO ARBITRATION
Gerardo Lozano Alarcón

"CULTURAL CONFLICTS" IN INTERNATIONAL ARBITRATION: MYTHS, MISUNDERSTANDINGS, AND LESSONS FROM DEALING WITH THE UNUSUAL
Aníbal Sabater

INSOLVENCY PROCEEDINGS: INTERNATIONAL LAW'S ANSWER TO A WORLD CRISIS

UNCITRAL ON INSOLVENCY LAW: THIRD ACT -- FIRST SCENE
David Morán Bovio

ARBITRATION AS A TOOL IN SUPPORT OF INSOLVENCY PROCEDURES (CONCURSO MERCANTIL)
Thomas S. Heather

Volume 5 2011 Number 4

22ND ANNUAL WORKSHOP OF THE INSTITUTE FOR TRANSNATIONAL ARBITRATION

"THE MERITS HEARING: GETTING THE MESSAGE TO THE TRIBUNAL"

WELCOME AND INTRODUCTION
Lucy Reed, ITA Chair

22ND ANNUAL ITA WORKSHOP PROGRAM

FACULTY BIOGRAPHIES

LUNCHEON ADDRESS: ADVOCACY IN INTERNATIONAL ARBITRATION
Toby Landau, Q.C.

PERSPECTIVES FROM THE CORPORATE COUNSEL: CHALLENGES TO DELIVERING THE PARTY'S MESSAGE EFFECTIVELY AND EFFICIENTLY
Alan R. Crain, Jr., Moderator
Dennis Grindinger
Eric C. Liebeler
Javier Rubinstein

BIBLIOGRAPHY -- "THE MERITS HEARING: GETTING THE MESSAGE TO THE TRIBUNAL"

ITA SERVICES AND EVENTS

SCOREBOARD OF ADHERENCE TO TRANSNATIONAL ARBITRATION TREATIES, AS OF OCTOBER 3, 2011
Seem Maleh
Kathleen Amanda Zugsay

ITA 2012-13 CALENDAR OF EVENTS

ITA MEMBERSHIP APPLICATION

Volume 5 2011 Number 3

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

Volume 5 2011 Number 2

* 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

Volume 5 2011 Number 1

* 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

Volume 4 2010 Number 4-5

"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

Volume 4 2010 Number 3

* 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

Volume 4 2010 Number 2

* 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

CLASS ACTIONS AND ARBITRATION MURKY WATERS: STOLT-NIELSEN S.A. V. ANIMALFEEDS INTERNATIONAL CORP.

-William G. Whitehill

CONFUSION OR CLARITY IN PERSPECTIVE: JURISPRUDENTIAL REVIEW OF THE INVESTOR-STATE

ARBITRATION CLAUSE IN THE ASEAN-CHINA INVESTMENT TREATY AND THE AWARD ON JURISDICTION IN THE FIRST CHINA-RELATED ICSID CASE

-Wei Shen

COMMENTS

COMMENT: THE CONDITION OF POLISH COMMERCIAL MEDIATION

-Piotr Nowaczyk

COMMENT: ENFORCEMENT OF FOREIGN ARBITRAL AWARDS SUBJECT TO LOCAL LIMITATION PERIODS – SUPREME COURT OF CANADA

-Michael D. Schafler

Volume 3 2009 Number 4-5

Volume 3 2009 Number 3

SCENE I: INTERVIEWING PROSPECTIVE ARBITRATORS

SCENE I: INFORMATION GATHERING

SCENE I: ATTORNEY AND CLIENT STRATEGY SESSION

SCENE II: DISCIPLINARY HEARING

Volume 3 2009 Number 2

Volume 3 2009 Number 1

Volume 2 2008 Number 5

Volume 2 2008 Number 4

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 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 I: COST SUBMISSIONS

SCENE II: THE TRIBUNAL'S DELIBERATIONS

     Commentary and Discussion

CLOSING REMARKS

BIBLIOGRAPHY - ITA WORKSHOP 2008 "DAMAGES IN INTERNATIONAL ARBITRATION: STRATEGIES, TECHNIQUES & PRESENTATION"
Jeffrey Sullivan

Volume 2 2008 Number 3

Editorial Commentary

Articles

Volume 2 2008 Numbers 1-2

INVESTMENT ARBITRATION
Issues of State Responsibility and Jurisdiction

The Concept of Expropriation under the ECT and Other Investment Protection Treaties
Christoph H. Schreuer

Volume 1 2007 Number 6

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

FAILURE BY ARBITRATOR TO DISCLOSE INFORMATION ABOUT DEALINGS WITH PARTY TO ARBITRATION CONSTITUTES EVIDENT PARTIALITY; VACATUR OF ARBITRATION AWARD GRANTED BY NINTH CIRCUIT
Terrence Burke

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: THE PUBLIC-PRIVATE DISTINCTION IN THE INTERNATIONAL ARBITRATION OF INDIVIDUAL CLAIMS AGAINST THE STATE BY GUS VAN HARTEN
Alex Hvizda

SUMMARY: ARBITRATION OF INTERNATIONAL OIL, GAS, AND ENERGY DISPUTES IN LATIN AMERICA BY ALEXIA BRUNETAND JUAN AGUSTIN LENTINI
Alex Hvizda

SUMMARY: IF YOU (RE)BUILD IT, THEY WILL COME: CONTRACTS TO REMAKE THE RULES OF LITIGATION IN ARBITRATION'S IMAGE BY HENRY S. NOYES
Alex Hvizda

SUMMARY: FROM "NORTH-SOUTH DIVIDE" TO "PRIVATEPUBLIC DEBATE": REVIVAL OF THE CALVO DOCTRINE AND THE CHANGING LANDSCAPE IN INVESTMENT LAW BY WENHUA SHAN
Alex Hvizda

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

LANGUAGE AND TRANSLATION IN INTERNATIONAL COMMERCIAL ARBITRATION: FROM THE CONSTITUTION OF THE ARBITRAL TRIBUNAL THROUGH RECOGNITION AND ENFORCEMENT
PROCEEDINGS
Shant H. Zakarian

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

Volume 1 2007 Number 5

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

Volume 1 2007 Number 4

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

Volume 1 2007 Number 3

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

Volume 1 2007 Number 2

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:

Nagrampa v. MailCoups, Inc.

Bd. of Tr., Sheet Metal Workers' Nat'l Pension Fund v. BES Serv., Inc.

FORUM Case Summaries

Arbitration in Foreign Courts:

Federal Court of Australia: Comandate Marine Corp. v. Pan Australia Shipping Pty. Ltd.
[2006] FCAFC 192

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

Volume 1 2007 Number 1

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

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

WAMR 2006

January

National Reports: Law of the Republic of Chile

News Abroad

Documentary Resources: National Arbitration Forum (NAF) Domain Name Decisions

Polish Legal Framework of Arbitration Overhauled

FAA Preemption, Separability, and Buckeye Check Cashing

February

International Business Mediation: The Rush to Rule-Making

Mediation Case Law: 2005 in Review

International Business Mediation: The Rush to Rule-Making

March

International Arbitration in Latin America

After 10 Years of Positive Developments, Does Confusion Remain in Brazil's Arbitration Law?

April

Canadian Arbitration Law

The Chinese Judicial System

May

Developments in Investment Arbitration

Workplace Conflict: Orienting Law Firms Towards Understanding and Resolution

June

A Review of Justice Alito's Arbitration-Related Decisions

Business Mediation in France

July

Swiss Federal Tribunal Renders Ruling on the Meaning of Public Policy in International Commercial Arbitration

Remarks on Indian Arbitration Law

August

Brazil Changes Legislation to Allow Arbitration in Government Contracts

Risks for Property Rights in Latin America: Obtaining Protection under International Law

Recent Setbacks for Foreign Investors in Latin America and What They Mean for the Future of Investment Treaty Arbitration in the Region

September

Implications of North American Conciliation and Arbitration for the Developing World

October

A Comparative Analysis of the ICSID Annulment Grounds

December

"Manifest Disregard" in International Arbitration

Documentary Resources: ICANN Domain Name Decision - Mark Paigen v. Research and Design

Arbitration Law in China: Further Interpretations by the Supreme People's Court

FAA Preempts Nebraska Notice Statute

The Tougher Side of Sears is too Tough

Class Action Waiver Upheld in California

China and Hong Kong Agree on Reciprocal Recognition and Enforcement of Judgments

Eighth Circuit Enforces Agreement for Kompetenz-Kompetenz

Documentary Resources: ICANN Domain Name Decision - Tower Laboratories Ltd. V. Eric Seltzer

Appeals Court Provides Test for Arbitrability Issue

The Swiss Parliament Removes Lis Pendens as an Obstacle to International Arbitrations in Switzerland

U.S. Discovery in Aid of Non-U.S. Arbitration Proceedings: In re Matter of the Application of Oxus Gold PLC

Arbitration Law in China: Further Interpretations by the Supreme People's Court

WAMR 2005

January

Mandatory Mediation in Australia

The Limits of Private Justice? The Problems of the State Recognition of Arbitral Awards in Family and Personal Status Disputes in Ontario

February

Mediation Case Law: 2004 in Review

A New Framework for International Investment: Changes in the U.S. Model Bilateral Investment Treaty

March

The Ernst & Young Study: Outcomes of Arbitration: An Empirical Study of Consumer Lending Cases

Enforcing Mediation Settlement Agreements in Australia

April

May

Compelling Non-Signatories to Arbitrate: Balancing the Promotion of International Arbitration with Protecting the Corporation

Federal Jurisdiction in Arbitration

Germany - An Experiment With Small Claims Mandatory Conciliation

July

The Double Life of Victim-Offender Mediation in France

The Enforcement of Arbitral Awards in China

August

The Application of Mandatory Law and Public Policy in International Commercial Arbitration

September

English High Court Renders Fundamental Decision on Nature of Investment Treaty Arbitration

The Increasing Infallibility of NAFTA Chapter 11 Awards: A Contextual Look at the Feldman Judicial Review

The Use of Summary Arbitral Proceedings to Enforce Mediated Settlements

October

A Student Perspective on the Need for International Law and a Global Perspective

December

Commercial Arbitration in Mercosur: Recent Developments

Does Turkish Law Favor Arbitration?

WAMR 2004

January

The Management of Change in the Judiciary: A Case Study of Court-Annexed Mediation in the Ljubljana District Court

February

National Arbitration Forum (NAF): Recent Domain Name Awards (A)

March

Commercial Mediation in Russia: Making the Process a Reality

Outcomes of Arbitration: An Empirical Study on Consumer Lending Cases

April

The UNCITRAL Model Law on International Commercial Conciliation

May

The Enforceability of Italian Arbitration Awards Abroad

June

International Dispute Resolution

Mediation Case Law: 2003 in Review

July

Judicial Policies on Mediation and ADR: Australian Trends

The Viability of Arbitration in Brazil Today

August

An Assessment of Arbitration and Mediation as Means of Resolving Commercial Disputes Compared with Litigation: A Review of Maxwell J. Fulton, Commercial Alternative Dispute Resolution

Exporting Western Conflict Resolution: A Perspective on Trainging in the Solomon Islands

September

The Practice of Mediation Online: Techniques to Use or Avoid When Mediating in Cyberspace

Neutrality of Dispute Resolvers in International Commercial Dispute Resolution

October

Cultural Predictability in International Arbitration

ICSID Tribunal Constituted Under Switzerland-Philippines BIT Split on the Impact of a Forum Selection Clause on Its Jurisdiction

Pioneering an Approach to Mediating Large Disputes

November

Probity Deconstructed - How Helpful, Really, are the New International Bar Association Guidelines on Conflicts of Interest in International Arbitration?

December

Certiorari Sought in Case Raising Major Issues for Arbitration

WAMR 2003

January

The Enforcement of Foreign Arbitral Awards in the Ukraine?

February

March

April

Has Mediation Made the Courts Irrelevant? An Australian Perspective

May

The September 11 Victim Compensation Fund: A Road From Hell Paved With Good Intentions