Arbitration of International Business Disputes

Contents: Gabrielle Kauffman-Kohler, Attorney-at-Law, Partner, Schellenberg Wittmer, Professor at the University of Geneva: Foreword I. Procedural Evolution in Business Arbitration II. Legal Framework: Courts, Statutes and Treaties A. Arbitral Authority 1 Who Decides What? 2 Kompetenz-Kompetenz: The Arbitrability Dicta in First Options 3 The Contours of Arbitral Jurisdiction 4 Private Adjudicators and the Public Interest B. Judicial Supervision as Risk Management 1 Quis Custodiet Ipsos Custodes? 2 Why Courts Review Arbitral Awards 3 The Arbitral Situs and Lex Loci Arbitri 4 Saving the FAA C. The Effect of Annulment 1 What is to be Done with Vacated Awards? 2 Duty and Discretion in International Arbitration D. The Architecture of Arbitration 1 The Interaction of Courts and Arbitrators in England 2 Amending the Federal Arbitration Act 3 Laurence Craig, Jan Paulsson and William W. Park (co-authors): National Constraints on ICC Arbitration 4 The New York Convention and the International Currency of Awards E. Investment Arbitration 1 The Challenge of Sovereignty 2 Guillermo Aguilar Alvarez and William W. Park (co-authors): The New Face of Investment Arbitration 3 Legal Issues in the Third World's Economic Development F. The Contractual Context 1 A Cautionary Tale about Hometown Justice 2 The Arbitration Clause: Drafting Considerations G. Comparing Arbitration and Court Selection 1 The Hague Choice of Court Convention 2 Bridging the Gap in Forum Selection 3 When and Why Arbitration Matters III. Arbitral Proceedings: Establishing the Facts and Applying the Law A. Tensions Between Fairness and Efficiency 1 Arbitration's Discontents: Of Elephants and Pornography 2 Arbitration's Protean Nature: The Value of Rules and the Risks of Discretion B. Substantive Norms 1 National Law and Commercial Justice 2 Neutrality, Predictability and Economic Cooperation 3 Laurence Craig, Jan Paulsson and William W. Park (co-authors): Lex Mercatoria IV. Specialized Applications of Arbitration A. Financial Transactions 1 Arbitration in Banking and Finance 2 Jurisdictional Issues in Financial Arbitration B. Intellectual Property 1 Betting the Family Jewels 2 Irony in Intellectual Property Arbitration C. Taxation 1 David Tillinghast and William W. Park (co-authors): Tax Treaty Arbitration: What is Needed and Why 2 Arbitration and the Fisc: NAFTA's Tax Veto

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