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International Commercial Arbitration Practice: 21st Century Perspectives

International Commercial Arbitration Practice: 21st Century Perspectives

This collective work, co-edited by Horacio A. Grigera Naón and Paul E. Mason, captures the development of ICA from different perspectives and uniquely brings together the ideas, suggestions and perspectives of in-house counsel as the most important users of ICA, along with outside counsel, arbitrators themselves, and major arbitration organizations who all help provide the service.


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    The scope and importance of International Commercial Arbitration (ICA) has expanded exponentially in the last few decades and has become the natural and logical method to resolve international business and economic disputes. This collective work captures the development of ICA from different perspectives and uniquely brings together the ideas, suggestions and perspectives of in-house counsel as the most important users of ICA, along with outside counsel, arbitrators themselves, and major arbitration organizations who all help provide the service. Most, if not all, of the contributing authors have served as counsel or arbitrator in arbitrations and have further contributed, through their writings, teachings or activities in arbitral and other institutions, to the evolution of ICA covered by this collective work. Accordingly, International Commercial Arbitration Practice: 21st Century Perspectives is an indispensable tool for the reader--practitioner, arbitrator, academic, magistrate or student--not only to obtain useful general information on ICA practice today but to gain insightful views as to the influence of this institution in the settlement of international commercial disputes in specific economic areas, industries and commercial activities. International Commercial Arbitration Practice: 21st Century Perspectives brings the process alive and provides the reader with a useful practice guide whether he or she represents a client participating in an international commercial arbitration, is in-house counsel for a company considering arbitration as a possible method of dispute resolution, or is an arbitrator with cases at hand.

    The book is organized by Parts which contain thematically related chapters. Part I deals with an overview of key elements in ICA practice and includes chapters on how arbitration is conducted under different legal systems such as common law, civil law, and shari'a law, as well as a chapter on cultural issues in international arbitration. Part II contains geographical regional overviews covering most regions of the world (Western Europe, Russia/NIS countries, Asia (particularly China & Hong Kong and the Indian Subcontinent), Middle East & North Africa, Latin America, the U.S., Canada, and Australia & New Zealand. Part III includes individual industry sector views of how ICA is conducted in individual industry and business sectors such as oil & gas, LNG, mining, construction, telecommunications, satellite communications, intellectual property, sports, banking & finance, insurance & reinsurance, securities, shipping & maritime, corporate shareholder and bankruptcy settings. These chapters are highly instructive because many of them were written by current or former in-house counsel in these industries or, in some cases, by outside counsel who focus on these industries. Part IV of the book describes recent trends at several major global commercial arbitration institutions such as the ICC, ICDR, LCIA, CPR and WIPO. Part V deals with questions of how technology has been changing ICA practice in recent years, including chapters relating to the use of technology by some major arbitral institutions, videoconferencing in ICA, and online arbitration of internet domain name and e-commerce cases.

    PART I INTERNATIONAL COMMERCIAL ARBITRATION PRACTICE: FUNDAMENTAL ISSUES FROM THE ARBITRATOR PERSPECTIVE

    CHAPTER 1 Institutional and Ad Hoc Arbitrations: The Role of the Applicable Rules
    CHAPTER 2 Common and Civil Law Approaches to Procedure: Party and Arbitrator Perspectives
    CHAPTER 3 Shari'a Law Approaches to Arbitration
    CHAPTER 4 Extending the Arbitration Agreement to Non-Signatories
    CHAPTER 5 [RESERVED]
    CHAPTER 6 Cultural Issues in International Arbitration

    PART II REGIONAL OVERVIEWS OF INTERNATIONAL COMMERCIAL ARBITRATION PRACTICE

    CHAPTER 7 International Commercial Arbitration Practice in Europe
    CHAPTER 8 International Commercial Arbitration Practice in Latin America
    CHAPTER 9 International Commercial Arbitration Practice in China and the Hong Kong Special Administrative Region - Implementing the One Country Two Systems Policy
    CHAPTER 10 [RESERVED]
    CHAPTER 11 International Commercial Arbitration Practice in the South Asia Region
    CHAPTER 12 International Commercial Arbitration Practice in the Russian Federation
    CHAPTER 13 International Commercial Arbitration Practice in Canada
    CHAPTER 14 International Commercial Arbitration Practice in the United States
    CHAPTER 15 International Commercial Arbitration Practice in Australia, New Zealand and the Pacific Islands
    CHAPTER 16 International Commercial Arbitration Practice in the Middle East and North Africa
    CHAPTERS 17-18 [RESERVED]

    PART III INTERNATIONAL COMMERCIAL ARBITRATION IN THE MAJOR SECTORS OF COMMERCE AND INVESTMENT: ARBITRATOR, IN-HOUSE AND OUTSIDE COUNSEL PERSPECTIVES

    CHAPTER 19 International Arbitration - Brazil Oil and Gas: In-House Counsel Perspective
    CHAPTER 20 [RESERVED]
    CHAPTER 21 International Arbitration - Venezuela Oil and Gas: Arbitrator Perspective
    CHAPTER 22 International Arbitration -Russia/CIS Countries Oil and Gas: Outside Counsel Perspective
    CHAPTER 23 [RESERVED]
    CHAPTER 24 International Arbitration - Liquefied Natural Gas [LNG]: Outside Counsel Perspective
    CHAPTER 25 International Arbitration - Construction: Outside and In-House Counsel Perspectives
    CHAPTER 26 International Arbitration - Mining: Outside and In-House Counsel Perspectives
    CHAPTER 27 International Arbitration - Agricultural Commodities: Outside Counsel Perspective
    CHAPTER 28 International Arbitration - Shipping and Maritime: Outside Counsel Perspective
    CHAPTER 29 International Arbitration - Banking and Finance: Outside Counsel Perspective
    CHAPTER 30 International Arbitration - Securities: Outside Counsel Perspective
    CHAPTER 31 International Arbitration - Insurance and Reinsurance (London Market): Outside Counsel Perspective
    CHAPTER 32 [RESERVED]
    CHAPTER 33 International Arbitration - Corporate Shareholder Disputes: Outside Counsel Perspective
    CHAPTER 34 International Arbitration - Bankruptcy Disputes: Outside Counsel Perspective
    CHAPTER 35 International Arbitration - Intellectual Property Disputes: Arbitrator Perspective
    CHAPTER 36 Agreements to Arbitrate Intellectual Property and Technology Disputes: Arbitrator Perspective
    CHAPTER 37 International Arbitration - Telecommunications: Outside Counsel Perspective
    CHAPTER 38 [RESERVED]
    CHAPTER 39 International Arbitration - Satellite Communications: Arbitrator Perspective
    CHAPTER 40 International Arbitration - Sports: Outside Counsel Perspective
    CHAPTER 41 International Arbitration - Sports (Special Features of CAS Procedure): Outside Counsel Perspective
    CHAPTER 42 [RESERVED

    PART IV REVIEW OF THE MAJOR INTERNATIONAL ARBITRATION ORGANIZATIONS

    CHAPTER 43 Review of the International Centre for Dispute Resolution, the International Division of the American Arbitration Association
    CHAPTER 44 Review of the International Court of Arbitration of the International Chamber of Commerce
    CHAPTER 45 Review of the World Intellectual Property Organization's Arbitration and Mediation Center
    CHAPTER 46 Review of the London Court of International Arbitration
    CHAPTER 47 Review of the International Institute for Conflict Prevention & Resolution
    CHAPTERS 48-49 [RESERVED]
    CHAPTER 50 Review of the Swiss Rules of International Arbitration and Commercial Mediation
    CHAPTER 51 [RESERVED]

    PART V ARBITRATION AND TECHNOLOGY

    CHAPTER 52 Arbitration Online - Internet Domain Names and E-Commerce
    CHAPTER 53 Videoconferencing in International Arbitration and Mediation Proceedings
    CHAPTER 54 Use of Technology by a Major International Arbitration Organization - WIPO
    CHAPTER 55 Use of Technology by a Major International Arbitration Organization - ICDR

     

    Horacio A. Grigera Naón


    Horacio A. Grigera Naón is the Director of the Center on International Commercial Arbitration at the Washington College of Law of American University in Washington, DC, and an independent international arbitrator and consultant on business and international law matters. He is a former Secretary General of the International Court of Arbitration of the International Chamber of Commerce and has been a practitioner in the field of international commercial arbitration and international business law for over twenty-five years. Dr. Grigera Naón has also widely published in those areas. He is a member of the American Law Institute, former Special Counsel with White & Case LLP and former Senior Counsel with the International Finance Corporation in Washington D.C. He is a member of the Argentine Federal, New York, District of Columbia, and United States Supreme Court Bars. He can be reached via email at hnaon@wcl.american.edu.

    Paul E. Mason


    Paul E. Mason is an arbitrator with the AAA/ICDR, ICC, CPR, WIPO, The Brazil-Canada Chamber of Commerce/São Paulo), and the Commercial Associations of Belo Horizonte and Curitiba, Brazil (CAMARB and ARBITAC). He has also acted as counsel in LCIA and ICDR arbitrations between Latin American, European and U.S. parties. Mr. Mason is International Counsel specializing in international transactions and arbitration with Veirano Advogados in Rio de Janeiro, a well known Brazilian law firm focusing on international business, with many European and U.S. clients. He served from 1988-2001 as Legal Director, Latin America & Caribbean for Digital Equipment, Oracle, and 3Com/Palm, as well as covering Canada and Russia. He also acted as U.S. Legal Director for Módulo, S.A., a top Brazilian network security firm. He was responsible for managing these companies' international litigation and arbitration cases as well as drafting their arbitration and dispute resolution clauses. Previously, Mr. Mason was President of the Commercial Dispute Resolution Center of the Americas in Miami, a not-for-profit institution dedicated to promoting the use of arbitration in Latin America and the Caribbean. He was Honorary Professor teaching ADR Workshops at the Moscow Academy of Finance & Law in 2011 and Invited Professor teaching the Arbitration Module in the Intensive Post-Graduate Law level ADR Course for Attorneys and Judges at PUC-Minas Law School, Belo Horizonte, Brazil, 2001 & 2002. He co-designed and delivered specialized arbitration training for the Latin American Senior Associate group at Baker & McKenzie among other clients. He has written and presented extensively on international commercial arbitration with special geographical focus on Brazil and Latin America. Mr. Mason can be reached via email at paul.mason@veirano.com.br

    International Commercial Arbitration Practice: 21st Century Perspectives


    Abhishek Bansal (Chapter 11)
    Adrian Winstanley (Chapter 46)
    Ali Ehsassi (Chapter 3)
    Arif Hyder Ali (Chapter 3)
    Arnoldo Wald (Chapter 34)
    Asako Hatanaka (Chapter 45)
    Ashwinie Kumar Bansal (Chapter 11)
    Bjorn Gehle (Chapter 15)
    Carlos Borromeu de Andrade (Chapter 19)
    Carlos Gonzalez (Chapter 40)
    Celso de Azevedo (Chapter 31)
    Claire Clutterham (Chapter 16)
    Daniel E. Gonzalez (Chapter 37)
    David W. Plant (Chapter 35)
    Dr. Borzu Sabahi (Chapter 29)
    Dr. Eugenio Hernandez-Breton (Chapter 1)
    Dr. Shahla Ali (Chapter 6)
    Erik Wilbers (Chapter 54)
    Evgeny Raschevsky (Chapter 22)
    Gary Davidson (Chapter 40)
    George Anthony ("Tony) Smith (Chapter 25)
    Gerardo Rodriguez-Albizu (Chapter 40)
    Glenn Hendrix (Chapter 12)
    Graham Harris (Chapter 28)
    Hee-Eun Kim (Chapter 54)
    Helena Tavares Erickson (Chapter 47)
    Henri Alvarez (Chapters 2, 13)
    Hernany Veytia (Chapter 27)
    Ignacio de Castro (Chapter 45)
    Ilya V. Nikiforov (Chapter 12)
    J. Eloy Anzola (Chapter 21)
    James Rogers (Chapter 24)
    Jason Fry (Chapter 44)
    Joaquim de Paiva Muniz (Chapter 33)
    John H. Rooney, Jr. (Chapter 14)
    Jonathan Sutcliffe (Chapter 24)
    Judith Ann Freedberg (Chapter 14)
    Luis M. Martinez (Chapters 43, 55)
    Luiz Cesar Aschermann Correa (Chapter 27)
    M. Scott Donahey (Chapters 36, 52)
    Madelaine Eppenstein (Chapter 30)
    Maria Eugenia Ramirez (Chapter 37)
    Mark Mangan (Chapter 41)
    Matthew Kirtland (Chapter 29)
    Matthias Scherer (Chapter 50)
    Michael McIlwrath (Chapter 2)
    Olga Vishnevskaya (Chapter 22)
    Paul E. Mason (Chapters 8, 53)
    Pedro Aguiar de Freitas (Chapter 26)
    Prof. Richard L. Williamson, Jr. (Chapter 14)
    Prof. William W. ("Rusty") Park (Chapter 4)
    Raymond G. Bender, Jr. (Chapter 39)
    Raza Mithani (Chapter 16)
    Rodrigo Garcia da Fonseca (Chapter 34)
    Roque J. Caivano(Chapter 8)
    Sally A. Harpole (Chapter 9)
    Sally Fitzgerald (Chapter 15)
    Sarah Theurich (Chapter 45)
    Simon Greenberg (Chapters 15, 44)
    Stephen D. Butler (Chapter 25)
    Theodore G. Eppenstein (Chapter 30)
    Thomas Ventrone (Chapter 43, 55)
    Tina Cicchetti (Chapter 13)
    Yves Derains (Chapter 7)

     

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International Commercial Arbitration Practice: 21st Century Perspectives
This collective work, co-edited by Horacio A. Grigera Naón and Paul E. Mason, captures the development of ICA from different perspectives and uniquely brings together the ideas, suggestions and perspectives of in-house counsel as the most important users of ICA, along with outside counsel, arbitrators themselves, and major arbitration organizations who all help provide the service.

International Commercial Arbitration Practice: 21st Century Perspectives
This collective work, co-edited by Horacio A. Grigera Naón and Paul E. Mason, captures the development of ICA from different perspectives and uniquely brings together the ideas, suggestions and perspectives of in-house counsel as the most important users of ICA, along with outside counsel, arbitrators themselves, and major arbitration organizations who all help provide the service.

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