Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2010)

Arthur W. Rovine has been serving as an arbitrator in international cases under ICSID, NAFTA and AAA/ICDR since he retired from Baker & McKenzie in 2005. He is also the director of the International Arbitration Conference at Fordham Law School and an adjunct professor of law at Fordham Law School.

• Introduction: The 2010 Revision of the UNCITRAL Arbitration Rules, Arthur W. RovinePart I: Investor-State ArbitrationThe Unsound “Plama Principle” and other Errors in Application of the Vienna Convention on the Law of Treaties, Charles N. Brower and Anke MeierIssues Relating to the Identity of the Investor, Prof. Maurice Mendelson QCThe Scope of Investor Protection under the ICSID/BIT Mechanism: Recent Trends, Brigitte SternWhat Constitutes an Investment and Who Decides? W. Michael Reisman and Anna VinnikInteraction of International Tribunals and Domestic Courts in Investment Law, Christoph Schreuer Part II: Key Issues in the U.S. Law of International Arbitration Revelation and Reaction: The Struggle to Shape American Arbitration, Thomas J. StipanowichThe Enforceability of the Arbitration Agreement: Who Decides and Under Whose Law? George A. BermannInternational Arbitration’s Public Realm, Catherine A. RogersFortress U.S.A.: Two Troublesome Defenses against the Recognition and Enforcement of Foreign Arbitral Awards in the United States, Ben H. Sheppard, Jr.Part III: Dispute Resolution by the World Trade OrganizationThe Use of Arbitration in Securing WTO Compliance, Andrew Shoyer and Kimberly MyersPrecedent in the Settlement of International Economic Disputes: the WTO and Investment Arbitration Models, Giorgio SacerdotiUtilizing WTO Law in Investor-State Arbitration, Greg Tereposky and Morgan MaguireThe Future of WTO Dispute Settlement: A Practitioner's Assessment, Richard O. CunninghamPart IV: How Major Corporations View International ArbitrationOn Babies and Bathwater: Keeping The Good (And Getting Rid Of The Bad) From the Company’s Perspective, Siegfried H. ElsingHot Issues in International Arbitration - a Corporate Perspective, Stephen E. SmithTransparency in International Arbitration: What Are Arbitrators and Institutions Afraid Of? Roland Schroeder and Mike McIllwrath Part V: International MediationAvoiding the Costs of International Commercial Arbitration: Is Mediation the Solution? John BarkettInternational Mediation: An Evolving Market, A. Timothy MartinInside Counsel as Sophisticated Users of the Mediation Process, David H. BurtInternational Mediation, Arbitration, and Innovation, Tai-Heng ChengLessons from Russian Mediators, Simeon BaumResolution of Disputes by ICC Dispute Boards, Peter M. WolrichICC ADR: Rules and Approaches for Reaching an Amicable Solution, Suzanne UlicnyThe International Centre for Dispute Resolution Mediation Practice, Luis Martinez Index