International Financial Disputes: Arbitration and Mediation

by Jeffrey Golden, Carolyn Lamm

Overview

This book provides the only specialist work on the arbitration of international financial disputes. The work covers commercial and investment arbitrations and considers the merits of and relationship between the various types of dispute resolution (mediation, arbitration and litigation).

International arbitration is a growth area and financial disputes have been a consequence of the financial crisis. The need for more specialist knowledge during the conduct of disputes involving complex financial instruments has become particularly apparent in recent years. This book explains the various financial products including debt and equity instruments, currencies, commodities, derivatives and Islamic instruments and provides guidance on how to draft arbitration clauses with these products in mind.

In the part on theories of liability, the issues of applicable law, expropriation, discrimination, fair and equitable treatment, and umbrella clauses are explained. There are separate chapters on remedies and choice of law, in addition to the more procedural aspects of enforcement and expert witness. The interplay between mediation and arbitration is analyzed and explained.

This is a key reference tool for all practicing lawyers and arbitrators advising on disputes where financial products are involved. Drawing together some of the leading names in this specialist field the work provides some of the best and most recent analysis of law and practice relevant to such disputes.

Product Details

ISBN-13:	9780199687862
Publisher:	Oxford University Press
Publication date:	05/26/2015
Pages:	592
Product dimensions:	9.50(w) x 6.70(h) x 1.50(d)

About the Author

Jeffrey Golden, London School of Economics and Carolyn Lamm, Partner, White & Case LLP

Jeffrey Golden is a member of chambers at 3 Hare Court, a Governor and Honorary Fellow at the London School of Economics, where he has also been a Visiting Professor in the Law Department, and a former partner at Allen & Overy LLP, where he was founding partner of the firms US law practice and specialized in capital markets. Jeff is Chairman of the PRIME Finance Foundation, a member of the Foundations Panel of Recognised International Market Experts in Finance and co-editor of the Capital Markets Law Journal published by OUP.

Carolyn Lamm is a partner at White & Case in Washington, DC where she specializes in international dispute resolution through arbitration, litigation and international trade proceedings. She is Past President of the American Bar Association; a member of the Governing Board of ICCA; on the Panel of ICSID arbitrators; on the ALI Council and ALI Projects on International Arbitration and Foreign Relations and lead counsel in many successful ICSID cases.

Table of Contents

1. The Modern Role of Arbitration in Banking and Finance, Jeff Golden and Peter Werner2. Arbitral Institutions, Abby Cohen Smutney3. Mediation/Alternative Dispute Resolution, Tony Willis4. Overview of Financial Products, Rick Grove5. Financial Products as Investments, David Rivkin and Mark Friedman6. Arbitration Clauses for International Financial Disputes, Gerard Meijer and Richard Hansen7. Choice of Law, Jan Dalhuisen8. Theories of Liability, Carolyn Lamm9. Practical Issues Specific to Arbitrations Concerning Financial Products, Judith Gill and James Freeman10. The Particular Role of Experts in Arbitrating Financial Disputes, Jeff Golden11. Remedies-Interim Measures, Lord Collins12. Remedies-Injunctive Relief, Sir William Blair and Hakeem Seriki13. Remedies-Damages, Andrea Menaker and Suyash Paliwal14. Enforcement, Stephen Jagusch