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International Commercial Arbitration in New York

International Commercial Arbitration in New York

Author: James H. Carter; John Fellas
Publisher: Oxford University Press USA
ISBN: 9780199938612
Published In: October 2013
Format: Paperback , 726 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The editors are two well-respected arbitration experts, who have gathered together the authorities in the field to address the most important topics for a lawyer involved in commercial arbitration in New York.
The first comprehensive, up-to-date source of vital information for commercial arbitration practitioners in New York, merging discussion of international commercial arbitration with the specific intricacies of the New York arbitral process and courts.
Provides arbitrators with the necessary information and expert advice to help effectively pursue a case, being especially helpful to newcomers looking for an exclusive, insider look at the arbitral landscape of New York.

New York is a leading venue for international commercial arbitration, home to the headquarters for the International Centre for Dispute Resolution, the international branch of the American Arbitration Association, and many leaders in the international arbitration field. New York also serves as the locus of several prominent arbitration firms' central offices.

International Commercial Arbitration in New York focuses on the distinctive aspects of international arbitration in New York. Serving as an essential strategic guide, this book allows practitioners to represent clients more effectively in cases where New York is implicated as either the place of arbitration or evidence or assets are located in New York. This collaborative work boasts contributors of pre-eminent stature in the arbitration field. Each chapter elucidates a vital topic, including the existing New York legal landscape, drafting considerations for clauses designating New York as the place of arbitration, and material and advice on selecting arbitrators. The book also covers a series of topics at the intersection of arbitral process and the New York courts, including jurisdiction, enforcing arbitration agreements, and obtaining preliminary relief and discovery. Class action arbitration, challenging and enforcing arbitral awards, and biographical materials on New York-based international arbitrators is also included, making this a comprehensive, valuable resource for practitioners.

Readership: Primarily audience: lawyers who either find themselves or expect they might find themselves involved in international commercial arbitration in New York. Additionally, this book would be of interest to practitioners who conduct arbitrations elsewhere yet still require the assistance of New York courts, for example, to enforce an arbitral award or to obtain evidence for use in the arbitration.

Introduction (John Fellas and James H. Carter)
Chapter 1: The Impact of US Litigation (Oliver J. Armas & Hon. George Bundy Smith Partners, Chadbourne & Parke LLP?)
Chapter 2: An Overview Of The Law Applicable To Arbitrations Sited In New York (David M. Lindsey)
Chapter 3: Drafting Considerations for Clauses Designating New York as the Place of Arbitration (Paul D. Friedland)
Chapter 4: The Application of New York Law To Contracts (David W. Rivkin)
Chapter 5: The Selection of Arbitrators (James H. Carter)
Chapter 6: Jurisdiction: Courts vs. Arbitrators (Professor George Bermann)
Chapter 7: The Enforcement of Agreements To Arbitrate (John Fellas)
Chapter 8: Obtaining Preliminary Relief (Robert H. Smit and Tyler B. Robinson)
Chapter 9: Discovery (John L. Gardiner, Lea Haber Kuck, Julie Bédard)
Chapter 10: Damages in International Arbitration (Claudia T. Salomon and Peter D. Sharp)
Chapter 11: Class Action Arbitration (William H. Baker)
Chapter 12: Challenging and Enforcing International Arbitration Awards in New York Courts (John V.H. Pierce and David N. Cinotti)
Chapter 13: Enforcing Awards Involving Foreign Sovereigns (Brian King, Alexander Yanos, Jessica Bannon Vanto and Phillip Riblett)

Edited by James H. Carter, Coordinator of International Arbitration Practice, Sullivan & Cromwell, and John Fellas, Partnert, Hughes, Hubbard & Reed LLP

James H. Carter is Coordinator of International Arbitration Practice at Sullivan & Cromwell LLP and a former chairman of the Board of Directors of the American Arbitration Association, a former member of the LCIA Court of International Arbitration, a member of the Court of Arbitration for Sport and the author of many articles and several book chapters. He has been counsel or arbitrator in more than 100 international arbitrations. John Fellas is a partner at Hughes, Hubbard & Reed LLP and the author of "Transatlantic Commercial Litigation and Arbitration," which Oceana published in 2004. He has acted as counsel and arbitrator in arbitrations throughout the world under both international and ad hoc rules, and has been recognized for his practice in the field.

Contributors:
Gerald Aksen and Robert von Mehren
Oliver Armas, Thacher Proffitt & Wood LLP
David Lindsey, Partner, Clifford Chance, LLP
Paul Friedland, Partner, White & Case, LLP
David W. Rivkin, Debevoise & Plimpton, LLP
George Bermann, Jean Monnet Professor of EU Law
Walter Gellhorn Professor of Law, Columbia Law School
Robert Smit, Partner, Simpson Thatcher & Bartlett, LLP
Barry Garfinkel, Dana Freyer, John Gardiner, Julie Bedard, Skadden, Arps, Slate, Meagher & Flom LLP
William H. Baker, Alston & Bird, LLP
Alexander Yanos, Freshfields, Bruckhaus, Deringer, LLP
John Pierce, Partner, Wilmer Cutler Pickering Hale & Dorr, LLP

"Our notions of federal pre-emption of state law, for example, are not always easy to understand the book discusses this issue throughout which should prove useful to any non-US practitioner handling a case in New York." --David Lindsey, Chaffetz Lindsey LLP - Global Arbitration Review

"James H Carter and John Fellas have put together an excellent resource for practitioners anywhere in the world who are or may become involved in an international commercial arbitration seated in New York City."
--Global Arbitration Review
Henry G Burnett, Partner, Crowell & Moring LLP

"The Carter/Fellas book seems likely to become one of the significant publications in the field of international commercial arbitration--a field which is of growing importance as world trade continues to rise--and as the number of disputes involving cross-border contracts is increasing. This book is a necessary addition to the bookshelves of anyone seriously involved in the field of international commercial arbitration."
--Anthony Connerty, Lamb Chambers
New Law Journal

"This is a wonderful and important book, composed of 13 comprehensive, descriptive and detailed chapters, each written by different authors, with each chapter devoted to a separate aspect of international commercial arbitration...because of its extraordinarily comprehensive nature, this book is a must for all those seriously engaged in the practice or study of international arbitration in New York and in the United States, whether as arbitrators, advocates, scholars or students."
--Arthur W. Rovine, Arbitration International, Volume 27, Issue 4