Arbitration / Mediation / Litigation

International Arbitration Checklists, 2nd Edition

Edited by Grant Hanessian · Lawrence W. Newman
Juris Publishing April 2009

Specifications

ISBN-13
9781933833217
Publisher
Juris Publishing
Publication
April 2009
Format
Paperback , 450 pages
Jurisdiction
International ? Countri(es) for reference only

Details

Baker & McKenzie, has one of the world's largest and most successful international arbitration practices. This book, written by members of the International Dispute Resolution Practice Group of Baker & McKenzie and others, provides a practical, experience-based guide to international arbitration. Each chapter begins with a "checklist" of issues to be considered at each stage of arbitration. Topics include drafting arbitration clauses, commencement of the case, staying court proceedings, compelling arbitration, selection of the tribunal, provisional relief, conduct of hearings and enforcement of awards, among many others. Law and practice in each of the world's major arbitration centers is discussed. Appendices provide ready access to arbitration treaties, statutes and rules. This book will be a standard reference for in-house counsel and outside practitioners.

Table of Contents

CHAPTER 1

THE DISPUTE ARISES -- WHAT NEXT?

Arthur W. Rovine, New York


CHAPTER 2

OBTAINING INFORMATION

Jeremy B. Winter, London


CHAPTER 3

COMMENCEMENT OF ARBITRATION

Joaquim P. Muniz, Rio de Janeiro and Ygnacio Reyes-Retana, Tijuana


CHAPTER 4

STAYING COURT PROCEEDINGS / COMPELLING ARBITRATION

Vladimir Khvalei, Moscow and Haig Oghigian, Tokyo


CHAPTER 5

SELECTION OF THE TRIBUNAL

J. Brian Casey, Toronto


CHAPTER 6

PROVISIONAL RELIEF

Grant Hanessian, New York and Juergen Mark, Dusseldorf


CHAPTER 7

CHALLENGES TO JURISDICTION

Jonas Benedictsson and Stefan Bessman, Stockholm and
Andrew J.L. Aglionby, Hong Kong


CHAPTER 8

CULTURAL FACTORS AND LANGUAGE

Jeremy Winter, London and Lawrence W. Newman, New York


CHAPTER 9

PROCEDURAL MATTERS CHECKLIST

Robert B. Davidson, JAMS, New York and
Werner Mueller, Frankfurt and Stefan Riegler, Vienna


CHAPTER 10

DISCOVERY AND PRODUCTION OF EVIDENCE

Richard M. Franklin, Chicago

 

CHAPTER 11

EXPERT EVIDENCE

Eugenio Hernandez, Caracas

 

CHAPTER 12

THE ARBITRATION HEARINGS

Lawrence W. Newman, New York

 

CHAPTER 13

POST-HEARING MATTERS

David Zaslowsky, New York

 

CHAPTER 14

THE AWARD

Leigh W. Duthie, Melbourne

 

CHAPTER 15

WRITING THE AWARD -- AN ARBITRATOR'S PERSPECTIVE

George A. Bermann, Walter Gellhorn Professor of Law; Director, European Legal Studies, Columbia University Law School

 

CHAPTER 16

CHALLENGING THE ARBITRATION AWARD

David A. Fraser, London

 

CHAPTER 17

ENFORCEMENT OF AWARDS

Jean-Piere Harb, Paris and Chuan Thye Tan, Singapore

 

CHAPTER 18

DISPUTE RESOLUTION CLAUSES I: WHETHER TO CHOOSE ARBITRATION

Bruce H. Jackson, San Francisco

 

CHAPTER 19

DISPUTE RESOLUTION CLAUSES II: HOW TO CHOOSE ARBITRATION

Michael L. Morkin, Chicago

 

CHAPTER 20

INVESTMENT ARBITRATION

David Frasier and Alexis Martinez, London and
Grant Hanessian, New York

About the Author

About the Editors:

Grant Hanessian is a Partner in Baker & McKenzie's New York office. He is the Co-chair of the firm's International Arbitration Practice Group and Chair of the Litigation/Dispute Resolution Department in the New York office. Mr. Hanessian represents international and domestic companies, governmental entities and individuals in disputes concerning contract, financial services, construction, commodities, insurance, and intellectual property.

Lawrence W. Newman was the founder, with the late Professor Henry de Vries, of the New York litigation department, which has concentrated over the past two and half decades on international litigation and arbitration. Mr. Newman has extensive experience in international arbitration as an advocate and as an arbitrator. He has represented clients as lead counsel in numerous arbitrations of complex business disputes, including those involving international joint ventures, long-term contracts, natural resources (oil, coal, and uranium), banking, securities, shipping, intellectual property, investments, expropriation and insurance coverage.

He has lectured on international arbitration throughout the United States and in Europe, Asia, and Latin America. He is the creator of the "Leading Arbitrators" series of seminars that have been presented around the world. From 2003 to 2007, he was Chairman of the International Commercial Disputes Committee of the New York City Bar Association, which was instrumental in introducing legislation permitting attachments and injunctions in aid of international arbitrations in New York and elsewhere. He is currently the Chairman of the Arbitration Committee of the International Institute for Conflict Prevention and Resolution (CPR) and is an elected member of the American Law Institute. Mr. Newman has been recognized as an expert in international arbitration in numerous guides and lists, including Chambers (USA and International), the Best Lawyers in America, Superlawyers, Who's Who in American Law, and others.

Associate Editor:
Nicole Dolenz-Extale
 Associate, Baker & McKenzie, New York

Contributors Include:
Andrew Aglionby
 Partner, Baker & McKenzie, Hong Kong

Jonas Benedictsson Partner, Baker & McKenzie, Stockholm

Stefan Bessman Partner, Baker & McKenzie, Stockholm

George Bermann Jean Monnet Professor of European Union Law, Walter Gellhorn Professor of Law, Columbia Law School

J. Brian Casey Partner, Baker & McKenzie, Toronto  

Robert B. Davidson Executive Director of JAMS Arbitration Practice

Leigh Duthie Partner, Baker & McKenzie, Melbourne

Richard Franklin Partner, Baker & McKenzie, Chicago

David Fraser Partner, Baker & McKenzie, London

Jean-Pierre Harb Partner, Baker & McKenzie, Paris.

Eugenio Hernández-Breton Partner, Baker & McKenzie, Caracas

Bruce H. Jackson Partner, Baker & McKenzie, San Francisco

Vladimir Khvalei Partner, Baker & McKenzie, Moscow

rgen Mark Partner, Baker & McKenzie, Dusseldorf

Alexis Martinez Attorney, Baker & McKenzie, London

Michael Morkin Partner, Baker & McKenzie, Chicago

Werner Mueller Partner, Baker & McKenzie, Frankfurt

Joaquim T. de Paiva Muniz Partner, Trench, Rossi e Watanabe Advogados, Rio de Janeiro

Haig Oghigian Partner, Baker & McKenzie, Tokyo

Juan Ygnacio Reyes-Retana Partner, Baker & McKenzie, Tijuana

Stefan Riegler Partner, Baker & McKenzie, Vienna

Arthur W. Rovine Arbitrator, New York

Chuan Thye Tan Partner, Baker & McKenzie, Singapore

Jeremy Winter Partner, Baker & McKenzie, London

David Zaslowsky Partner, Baker & McKenzie, New York

Reviews

"Behind the somewhat misleading title of this book lies a true gem. Far from the being a nuts and bolts guide to international arbitration based on bare lists of features, facts, tips and traps, this is a handy practitioner’s compendium of sage advice on critical aspects of international arbitration at all its stages. It is also a companion for the practitioner, both experienced and novice alike. .... Of special interest, given the potential pitfalls and pratfalls that can trap the inexperienced, unwary and unaware, are dedicated chapters on cultural factors, whether to choose arbitration and how to choose it. .... Despite the fact that the book is the product of 25 individual contributors from diverse legal traditions and cultural and linguistic backgrounds, it is a remarkably coherent and integrated work. The editors are to be congratulated for achieving such consistency of approach, depth and treatment. This book should therefore be close to the hearts of all practitioners, both old hands and neophyes.
- Asian Dispute Review, January 2010

"The format is easy to follow and the editors have managed to put together a thorough and concise publication that will provide the novice or expert alike with the latest information and the answers to many of the complex questions and issues that are raised in international commercial arbitration today. I highly recommendInternational Arbitration Checklists."
-Luis M. Martinez, Esq. Vice President, International Centre for Dispute Resolution (ICDR) of the American Arbitration Assocation (AAA)

"International Arbitration Checklists is a gem. It deconstructs every major aspect of international arbitration, meticulously analyzing the key issues in a compact, user-friendly form."
-Gregory P. Joseph is a Fellow of the American College of Trial Lawyers and former Chair of the 60,000-member Section of Litigation of the American Bar Association. He formerly chaired the Litigation Department at Fried, Frank, Harris, Shriver & Jacobson in New York

"International Arbitration Checklists is a very useful desktop reference. The authors, international practitioners and arbitrators, have carefully considered each stage of the arbitration process -- from the moment the dispute arises to the enforcement of the award -- and have identified the questions that commonly arise. The thoughtful discussions that follow the checklists reflect the extensive experience of the authors, and deal not only with legal and procedural questions but also with the matters of ethics, language and culture that are often encountered in international proceedings. The appendix helpfully reproduces in one place the texts of the New York Convention, a list of contracting states, and the most frequently used ad hoc and institutional rules."
-Louis Epstein, Vice President and Deputy General Counsel, Transammonia, Inc., New York

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