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International Financial Disputes - Arbitration and Mediation
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International Financial Disputes - Arbitration and Mediation

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Overview
Published Mar 2015 (OUP)
ISBN: 9780199687862. Hard Cover, 560 pages.
Description

Edited by Jeffrey Golden and Carolyn Lamm

 

  • The only book to focus on the arbitration of financial disputes
  • Includes full analysis of the legal issues and sets out the procedural matters involved such as financial products
  • Considers specialist areas such as choice of law, evidentiary standards and damages
  • Written by a team of leading experts from Europe and the US
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 analysed and explained. 

This is a key reference tool for all practising 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.

 

 

Readership: The primary market for this book is amongst practitioners advising in arbitration, financial and general commercial litigation, capital markets and general finance; scholars; and financial institutions. There is also a secondary market amongst government bodies and central banks.

1: Jeff Golden and Peter Werner: The Modern Role of Arbitration in Banking and Finance
2: Abby Cohen Smutny and Petr Polásek: Arbitral Institutions
3: Tony Willis and William Woof: Alternative Dispute Resolution
4: Rick Grove: Overview of Derivative Financial Products
5 vestment Treaties and Other Multilateral er Bilateral Instruments with Consents to Arbitration: David Rivkin and Mark Friedman: 
6: Gerard Meijer and Richard Hansen: Arbitration Clauses for International Financial Disputes
7: Jan Dalhuisen: The Applicable Law in International Financial Disputes
8: Carolyn Lamm, Eckhard Hellbeck, and David Riesenberg: Theories of Liability and Responsibility
9: Judith Gill and James Freeman: Practical Issues Specific to Arbitrations Concerning Financial Products
10: Jeffrey Golden: The Particular Role of Experts in Arbitrating Financial Disputes
11: Raymond Cox QC: Evidentiary Standards in Financial Arbitration
12: Lord Collins and Siddharth Dhar: Remedies-Interim Measures
13: Sir William Blair and Hakeem Seriki: Remedies-Injunctive Relief
14: Andrea Menaker and Suyash Paliwal: Remedies-Damages
15: Stephen Jagusch: Enforcement

Edited by 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 specialised 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 specialises 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 Projectson International Arbitration and Foreign Relations and lead counsel in many successful ICSID cases.

 

 

 

 

Contributors: 
Jeff Golden, Carolyn Lamm, Peter Werner, Abby Cohen Smutney, Rick Groves, Mark Friedman, David Rivkin, Gerard Meijer, Richard Hansen, Judith Gill, James Freeman, Jan Dalhuisen, Eckhard R Hellbeck, David P Riesenberg, Ray Cox, Lord Collins, Andrea Menaker, Suyash G Paliwal, William Blair, Hakeem Seriki, Stephen Jagusch, Whitney Debevoise, Tony Willis, William Wood, Siddharth Dhar

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