Practitioner's Handbook On International Arbitration And Mediation- 2nd Edition

Price: $225.00 1000 pages. 1 Hardcover Volume. CD-Rom. Index. Published August 2007.
ISBN-13: 978-1-933833-03-3 / ISBN-10: 1-933833-03-3

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Table of Contents

About the Book:
The Practitioner’s Handbook on International Arbitration and Mediation, 2nd Edition is a unique work with each chapter written by a well-known practitioner and expert in the field. It covers in-depth all the most important facets of international arbitration and mediation. This work is intended to make the reader into a better practitioner, whether as an arbitrator/mediator or as counsel appearing in an international arbitration or mediation. The chapters are designed to help you reach that goal as each chapter has been written with the understanding that you are looking for practical advice and guidance. Unlike many works with multiple authors, this work is not simply a collection of essays on a general subject. This book is a unified work with cross references among the chapters and a consistent format throughout.

The work is divided into three parts. Part One contains a general discussion of international arbitration. Part Two deals with international mediation. Each of these chapters is filled with Practitioner's Expert Commentary and Hints on the most important aspects of international arbitration and mediation. Part Three is country specific. These chapters give you detailed, practical advice on how to conduct an international arbitration in that particular jurisdiction. As a result, chapters in Part Three are a bit more technical as the authors realized that the reader would need citations to and commentary on the local arbitration statutes and rules.

The CD ROM which accompanies this Work contains relevant original source material which is germane to the text. A review of the table of contents of the material contained on the CD ROM will acquaint you with the range of material covered.  

About the Editors:
Rufus V. Rhoades is a Senior arbitrator for Financial Arbitration Services, an organization limited to arbitrating complex financial disputes. He has served as mediator and arbitrator of complex disputes focusing primarily on financial matters. Mr. Rhoades is a member of the NASD Arbitration Panel, US Internal Revenue Service Mediation Panel and other panels dealing with financial and tax matters. He is co author of U.S. International Tax and Tax Treaties, a six volume work published by Lexix/Matthew Bender and author of numerous articles on mediation, arbitration, and taxation.

Daniel M. Kolkey is a Partner in the San Francisco office of Gibson, Dunn & Crutcher a member of the Litigation Department, Co-Chair of the Appellate and Constitutional Law Practice Group and Vice-Chair of the Crisis Management Practice Group. Mr. Kolkey returned to the firm in November 2003 after five years as an Associate Justice on the California Court of Appeal, Third Appellate District, in Sacramento. He was a Arbitrator on the bi-national panel for the U.S. Canada Free Trade Agreement from 1990 to 1994; served as President of the Los Angeles Center for International Commercial Arbitration from 1990 through 1994; was appointed by the Governor in 1992 to the California Law Revision Commission, where he served as Chair in 1994; was an associate of the Chartered Institute of Arbitrators in London from 1986 to 1994; and served as chair of the International Law Section of the Los Angeles County Bar Association from 1991 to 1992. Mr. Kolkey has represented parties in both ad hoc and institutional international arbitrations, including those under the auspices of the Iran United States Claims Tribunal, the American Arbitration Association (AAA), and the International Chamber of Commerce (ICC).

Richard Chernick is Managing Director of JAMS' National Arbitration Practice. Mr. Chernick has conducted hundreds of large and complex arbitrations and mediations employing various rules and before all major administering institutions, both nationally and internationally. He is Past Chair of the Dispute Resolution Section of the American Bar Association (ABA); Founding President of the College of Commercial Arbitrators (CCA); Founding Chair of the ADR Committee of the State Bar of California; Advisor to the ABA’s drafting committee for the Revised Uniform Arbitration; Past President of the Los Angeles County Bar Association, the Legal Aid Foundation of Los Angeles, and past Chairman of the Board of Dispute Resolution Services, Inc., the dispute resolution program of the Los Angeles County Bar Association. Mr. Chernick was a Partner with Gibson, Dunn & Crutcher (1977 1994) where he specialized in commercial litigation and domestic and international arbitration.

About the Contributors:
Stephen R. Bond concentrates in the field of international commercial arbitration. He is a Partner in the Paris office of White & Case and Co-Head of the firm’s international arbitration practice group. He has served as counsel, co-counsel, chairman or co-arbitrator in numerous international arbitrations. During his career, he has held a number of high profile positions that include Secretary General of the International Court of Arbitration of the International Chamber of Commerce (ICC) from 1985-1991 and the U.S. Member of the ICC International Court of Arbitration for the period 1994-1999. He was Vice Chairman of the ICC Working Group charged with drafting the 1998 ICC Rules of Arbitration. Prior to joining White & Case in 1991 and in addition to his ICC experience, Mr. Bond served as Assistant Legal Adviser in the Office of the Legal Adviser of the Department of State and as Counselor for Legal Affairs in the United States Mission to the United Nations in Geneva, where he was accorded the State Department's Distinguished Honors Award.

Peter S. Caldwell is a Principal in Caldwell Ltd in Hong Kong. He has been regularly appointed as a mediator and as an arbitrator in Hong Kong, China and in other countries in Asia since 1983. Mr. Caldwell is a Chartered Arbitrator and Fellow of the Chartered Institute of Arbitrators, Fellow of the Hong Kong Institute of Arbitrators and of the Singapore Institute of Arbitrators. He was Secretary General of the Hong Kong International Arbitration Centre (HKIAC) from 1990-98 and currently serves as a member of the governing council. He also serves on the Council of the Chartered Institute of Arbitrators UK and is an alternate member for Hong Kong of the Commission on International Arbitration of the ICC in Paris. He was Branch Chairman of the Hong Kong Branch of the Chartered Institute of Arbitrators from 1992 to 1994. He advised the City University of Hong Kong when it introduced its Master of Arts Degree in Arbitration and Dispute Resolution in the early 1990s. He was a member of the working party that drafted the 1999 IBA Rules for the Taking of Evidence in International Commercial Arbitration.

James H. Carter is a Partner in the New York office of Sullivan & Cromwell. He is a member of the Litigation, Antitrust, and Project Finance Groups and is Coordinator of the firm’s international arbitration practice. He previously headed the Intellectual Property Group. Mr. Carter is a widely recognized authority on international arbitration, with 35 years of experience as arbitrator or counsel in more than 100 cases He is Chair of the Executive Committee of the American Arbitration Association; past President of the American Society of International Law (ASIL), former member of the London Court of International Arbitration (LCIA), Chaired the International Law and Practice Section of the American Bar Association, the International Law Committee and the International Dispute Resolution Committee of the New York State Bar Association, and the International Affairs Council of the New York City Bar Association.

Edward C. Chiasson is a Judge of the Court of Appeal for British Columbia. Before his appointed in 2006 he was a Partner at Borden Ladner Gervais in Vancouver, where he was national coordinator of the firm's commercial arbitration and dispute resolution practice group. He has appeared as counsel and acted as arbitrator in international arbitrations in Canada, France, England, the United States, Hong Kong and Singapore. He was an Adjunct Professor at the University of British Columbia and a Hunter Professor of Arbitration and Dispute Resolution at the City University of Hong Kong. Justice Chiasson is a fellow of the Chartered Institute of Arbitrators (London), the Hong Kong Institute of Arbitrators, the American College of Trial Lawyers, and the College of Commercial Arbitrators.

Robert B. Davidson is a full-time arbitrator and mediator, and the Executive Director of JAMS Arbitration Practice. He has arbitrated approximately 70 cases as sole arbitrator and as a member of tripartite panels in both institutional and ad hoc settings. Over the course of his career as Partner at Baker & McKenzie, Mr. Davidson acted as counsel for clients in approximately 100 arbitrations involving a variety of disputes, including serving as lead counsel in numerous domestic and international arbitrations, including 11 cases before the Iran-U.S. Claims Tribunal (more than any other lawyer) and cases before the U.N. Compensation Commission. He is past Chair, of the Committee on Arbitration of the New York City Bar Association; a Fellow and Board Member, College of Commercial Arbitrators and a Fellow, American Bar Foundation.

Thomas Ginsburg is Professor of Law at University of Illinois College of Law teaching comparative and international law. Prior to joining the faculty, Ginsburg served as a Legal Advisor for the Iran-U.S. Claims Tribunal at The Hague, Netherlands, and was on the law faculty of Kyushu University in Fukuoka, Japan. Professor Ginsburg has served as a Consultant to several international development organizations on legal and economic reform.

Kaj Hobér is a Partner with Mannheimer Swartling in Stockholm where he specializes in international arbitration and Eastern European law, particularly where commercial transactions are involved. He is also Professor of East European Commercial Law at Uppsala University. From 1997 to 2000 he was responsible for the Mannheimer Swartling’s Moscow office. Mr. Hobér has over 20 years experience as counsel and arbitrator in over 300 international arbitrations. He is Chair of the IBA sub-committee on Investment Treaty Arbitration, Vic Chair of the board of the Arbitration Institute of the Stockholm Chamber of Commerce, the International Arbitration Club (London) and a member of the ICC Institute of International Business and Law (corresponding member) and a Commissioner at the United Nations Compensation Commission in Geneva.

Andreas F. Lowenfeld is the Herbert and Rose Rubin Professor of International Law at New York University School of Law where he has been on the faculty since 1967. He has taught, practiced, and written in nearly all aspects of international law for more than five decades, and is frequently an arbitrator in international controversies - public and private. He was Associate Reporter of the American Law Institute's Restatement (Third) of Foreign Relations Law, and co-Reporter of the Institute's Project on International Jurisdiction and Judgments. He is an elected member of the Institut de Droit International and of the International Academy of Comparative Law, and has twice been a lecturer at the Hague Academy of International Law. Prior to becoming a professor, he worked for more than five years in the State Department's Office of Legal Adviser, as Special Assistant, Assistant Legal Adviser for Economic Affairs, and Deputy Legal Adviser.

Arthur Marriott is a Partner with LeBoeuf Lamb in London. He was one of the first two solicitors ever to be honoured as Queen's Counsel. He has extensive experience as counsel in all forms of international commercial arbitration and litigation throughout the world. He was also a principal proponent of the reform of English legislation governing arbitration, which resulted in the passage of the Arbitration Act of 1996. He is a Member of the Council of the International Council for Commercial Arbitration (ICCA): Board member of the LCIA and HKIAC and a Fellow of the Chartered Institute of Arbitrators and a Chartered Arbitrator.

Richard M. Mosk is an Associate Justice on the California Court of Appeal. He was a Judge, Iran U.S. Claims Tribunal (1981-1984), (1997-2001) and gave the Hague Academy lecture in 2003. Judge Mosk has taught courses at U.S.C. Law Center; T.C. Beirne School of Law at Queensland University, Australia; Hague Academy of International Law (the Netherlands); Duke-Geneva University program; and has lectured at various law schools and colleges throughout the United States, Europe and Asia.

Patricia Nacimiento is a Partner in Frankfurt office of Nörr Stiefenhofer Lutz She appears as counsel or arbitrator in international arbitrations held under the rules of many leading institutions, such as ICC, LCIA, AAA, Swiss Chamber of Commerce, Stockholm Chamber of Commerce, Danish Arbitration Institute. As a member of the ICC Commission on Arbitration, She is a member of a task force on the development of directives for the involvement of experts in international arbitrations. In addition, she lectures on arbitration at the universities of Frankfurt am Main and Heidelberg.

Scott Nonaka is a Partner in O'Melveny & Myers LLP's San Francisco office and a member of the firm’s International Practice Group. His practice focuses on the litigation and arbitration of a broad range of complex international commercial disputes. Mr. Nonaka is an experienced trial lawyer and arbitration practitioner and serves as counsel in arbitrations administered by a variety of arbitral institutions worldwide. Before joining O'Melveny, he was an Assistant U.S. Attorney in San Francisco.

Paolo Michele Patocchi is Partner and Head of Arbitration at Lenz & Staehelin in Geneva. He has served as counsel or arbitrator in international arbitrations in Switzerland (and a number of other West and East-European venues). Mr. Patocchi is a Member of the Committee of the Swiss Arbitration Association (ASA); Member of the Arbitration Committee of the Geneva Chamber of Commerce and Industry; Member of the Committee of the Lugano Chamber of Commerce and Industry; and Lecturer at the University of Geneva, Law School.

Lucy Reed is a Partner with Freshfields Bruckhaus Deringer in New York. She has served as arbitrator and counsel in international commercial arbitrations and public international law matters, including arbitrations under all the major institutional and ad hoc arbitration rules. Ms Reed is an arbitrator on the Eritrea-Ethiopia Claims Commission, and served as a Director of the Claims Resolution Tribunal for Dormant Bank Accounts in Switzerland. Director and Chair of the International Arbitration Committee of the American Arbitration Association, and is President-Elect of the American Society of International Law. While with the Legal Adviser's Office of the U.S. Department of State, she served as the U.S. Agent to the Iran-United States Claims Tribunal in The Hague and the Deputy Assistant Legal Adviser for International Claims and Investment Disputes.

David W. Rivkin is a Partner with Debevoise & Plimpton in the firm’s New York and London offices. He has broad experience in the areas of international litigation and arbitration. He has handled international arbitrations throughout the world and before virtually every major arbitration institution. Mr. Rivkin is Chair of the Legal Practice Division of the IBA, he previously served for four years as Chair of the IBA’s Committee on Arbitration and ADR. He is also a member of the Executive Committee of the Board of Directors of the American Arbitration Association, where he is Chair of the Law Committee and where he has also headed task forces to revise the Association’s international and commercial arbitration rules and has served as Chair of the International Section of the Arbitration Law Committee; a Task Force Co-Chair of the ABA’s Litigation Section, where he has served in many capacities, including for five years as Co-Chair of the International Litigation Committee; a member of the Board of the Arbitration Institute of the Stockholm Chamber of Commerce; President of the North American Users’ Council of the LCIA, for which he previously served as Vice President of the Court; a former member of the ICC Commission on International Arbitration; an Adviser to the American Law Institute project on Transnational Rules of Civil Procedure; a Fellow of the London-based Chartered Institute of Arbitrators; a Fellow of the College of Commercial Arbitrators. He was appointed by the U.S. State and Commerce Departments to be a founding member of the NAFTA Advisory Committee on Private Commercial Disputes, and he is also a member of the U.S. Secretary of State’s Advisory Committee on Private International Law.

Eric Schwartz is a Partner in the Paris office of LeBoeuf, Lamb. He has over 25 years experience in international arbitration as both counsel and arbitrator. He acted as counsel in complex international commercial disputes, including the separation of Arthur Andersen and Andersen Consulting and the break-up of the alliance between Deutsche Telekom and France Telecom. He was Secretary General of the ICC International Court of Arbitration in Paris, 1992-1996; former Chair of the international arbitration commission of the Union Internationale des Avocats and is currently serving a three-year term as an alternate member for the United States of the ICC Court.

Steven L. Smith is a Partner of O'Melveny & Myers LLP in the firm's San Francisco office. and Chair of the firm's International Arbitration practice. In addition to serving as counsel in arbitrations administered by a variety of arbitral institutions throughout the world, he also has served as an arbitrator in ICC and UNCITRAL arbitrations. Mr. Smith is Vice Chair of the International Arbitration Committee of the ABA's Section of International Law and Practice, and is a member ICC Commission on Arbitration. He also recently served as the Chair of the International Law Section of the California State Bar.

Philippe Sarrailhé is a Partner in the Paris office of White & Case. He is active as counsel on behalf of substantial French and other European parties in international arbitrations governed by French law or other laws based on the French legal system. Mr. Sarrailhé has lectured on European commercial law and international business transactions at the University of Paris Law School. Prior to joining White & Case, Mr. Sarrailhé was a partner with a leading French law firm and was the managing partner in the New York office of that firm from 1991 to 1994.

Abby Cohen Smutny is a Partner with White & Case LLP in Washington, DC. Ms. Smutny concentrates in international dispute resolution through arbitration and litigation. She has particular experience in matters involving State parties, including issues of State responsibility, investment treaty protections, and the enforcement of foreign judgments and arbitral awards. Ms. Smutny has represented both sovereign and private parties in arbitrations before the world’s foremost international arbitration institutions, as well as in ad hoc arbitration. She is Vice Chair of the IBA Investment Treaty Subcommittee of Arbitration Committee; Member of the Executive Committee of the Institute for Transnational Arbitration and a Member of the Executive Council of the American Society of International Law and past President of the International Law Section of the Washington DC Bar Association.

Jonathan Sutcliffe is a Partner in Fulbright & Jaworski's London office. He has acted as counsel in numerous international commercial arbitrations under ICC, LCIA, UNCITRAL, AAA and other institutional arbitration rules and in various other commercial disputes.

John Tackaberry is a Chartered Arbitrator and past Chair of the Chartered Institute of Arbitrators and first Chair of its Executive Committee. Also a principal architect of the Chartered Institute of Arbitrators' international activities and of its Special Fellowship courses. Mr. Tackaberry has been involved in international arbitrations as counsel, sole arbitrator and chairman in ICC, LCIA and ad hoc arbitrations. He is a founding President of the Society of Construction Law and Past President of the European Society of Construction Law.