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Arbitration of International Disputes in New York


ISBN13: 9781944825720
Published: February 2024
Publisher: Juris Publishing
Country of Publication: United States
Format: Hardback
Price: £160.00



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Arbitration of International Disputes in New York by Dr. Peter Bekker is the first, and most up-to-date, book about international arbitration in New York written by a single author with a dual background as a law professor and a practitioner. The book celebrates New York as a leading hub for international arbitration.

It is designed to serve as both an introductory source-book and a toolkit for crafting arbitration clauses that are meant to be enforceable and supportive of arbitration of international business disputes in New York. It is intended to be of practical value to practicing lawyers, including attorneys, in-house corporate counsel, and adjudicators (arbitrators and judges), interested or involved in international arbitration and related proceedings in New York. It is not designed to be an all-encompassing treatise describing federal or New York arbitration law in exhaustive detail.

The first part of the book, comprising ten compact chapters, describes the salient points of international arbitration in New York, presented in a sequence to facilitate readers’ ease of understanding. The discussion of topics has been condensed and deliberately kept straightforward so as not to confuse the reader for whom this book may be an initial introduction to international arbitration. The book includes extensive references to the leading cases and literature sources.

The second part is dedicated to contractual arbitration clauses for use in the arbitration of international disputes in New York. It includes a brief discussion of various clause elements (divided into core/highly-recommended/facultative categories) as well as defective clauses, and provides an explanation of their shortcomings, along with suggested language designed to make them effective, the objective being to help the reader avoid common mistakes in drafting that could threaten to make an arbitration clause ineffective or even unenforceable in practice.

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
Foreword by Hon. Charles N. Brower
List of Abbreviations

1. Finding Sources: New York and federal law of arbitration

2. The U.S. Federal Arbitration Act and New York arbitration
2.1 The FAA: U.S. federal law of arbitration with a treaty twist
2.2 Scope of application of the FAA and international arbitration treaties
2.3 Core principles guiding U.S. arbitration law

3. The arbitration agreement as the consent instrument
3.1 Formal requirements for arbitration agreements
3.2 The separability doctrine and challenges to contract formation
3.3 Choice of law issues

4. Constitution of the arbitral tribunal
4.1 Composition of the arbitral tribunal and arbitrator selection issues
4.2 Removal and replacement of arbitrators
4.3 Fees and expenses of arbitrators; third-party funding
4.4 Liability and immunity of arbitrators

5. Jurisdiction of the arbitral tribunal
5.1 Competence to determine jurisdiction and “arbitrability” issues
5.2 Scope of arbitral jurisdiction
5.3 Arbitral authority to indicate interim protective measures

6. Proceedings before the arbitral tribunal
6.1 Commencement of arbitration
6.2 General procedural principles applicable to arbitral proceedings
6.3 Multi-party issues: joinder and consolidation
6.4 Written submissions and oral hearings
6.5 Non-appearance and default by one of the parties
6.6 Evidence and discovery in international arbitration
6.7 Confidentiality and privacy in international arbitration

7. Making of the arbitral award and closure of arbitral proceedings
7.1 Form, content, and effect of the arbitral award
7.2 Arbitral relief: available remedies
7.3 Award of interest
7.4 Award of attorneys’ fees

8. The role of New York courts in international arbitration
8.1 Jurisdiction of New York federal and state courts
8.2 Filing arbitration-related motions and venue selection
8.3 Initial court proceedings: staying litigation and compelling arbitration
8.4 Preliminary court rulings on points of jurisdiction and law
8.5 Court-ordered interim protective measures
8.6 Obtaining evidence and other court assistance in aid of arbitration

9. Challenging an arbitral award in New York courts
9.1 Procedure for challenging (vacating) an arbitral award
9.2 Grounds for challenging (vacating) an arbitral award
9.3 Correction or modification of an arbitral award

10. Confirmation and enforcement of arbitral awards in New York courts
10.1 Enforcement of domestic awards in New York
10.2 Enforcement of non-domestic (international) and foreign awards in New York

11. Arbitration clauses: samples and defects
11.1 Introduction
11.2 Core provisions
11.3 Highly-recommended provisions
11.4 Facultative provisions
11.5 The importance of a collectible award
11.6 Defective arbitration clauses: avoiding common errors in drafting

Appendices
1. New York Convention
2. List of Parties to the New York Convention
3. Panama Convention
4. List of Parties to the Panama Convention
5. U.S. Federal Arbitration Act
6. U.S. Federal Rules of Civil Procedure, § 26
7. New York Civil Practice Law and Rules
8. Rules of the Commercial Division of the Supreme Court of New York, § 202.70
9. Outline of an Early Case Assessment Memorandum

Table of Cases
Bibliography
Subject Index