Commercial Mediation and Arbitration in the NAFTA Countries - PDF
About the Book:
With commentary and analysis on commercial mediation and arbitration provided by some of the leading Judges, Lawyers and Academics in the field, Commercial Mediation and Arbitration in the NAFTA Countries is the definitive source on dispute resolution under NAFTA and also on arbitration and mediation in Canada, Mexico and the United States - on both the National and International level. This work, the result of the efforts of the Canadian, Mexican and United States’ governments and the U.S. Mexico Conflict Resolution Center (CRC), which was created in 1994 via United States Congressional funding to promote Arbitration and ADR in the NAFTA region, presents the proceedings of the first-ever conference on mediation and arbitration in the NAFTA countries held in Mexico City in June 1999. This seminal work is a must for anyone involved, either directly or indirectly, in dispute resolution in the NAFTA region.
— Luis Miguel Diaz and Nancy Oretskin
II: OVERVIEW OF ALTERNATIVE DISPUTE RESOLUTION
Where Do I Start? ADR Information Sources and Organizations
— Henri C. Alvarez is a Partner with Russell & DuMoulin, Vancouver and is Chairman of the firms’ Alternative Dispute Resolution Department. He is a Chapter 19 Panelist under NAFTA.
Judicial Panel on Enforcement Issues and Judicial Cooperation
— Marc Lalonde is a partner at Stikeman, Elliott, Montreal. Mr. Lalonde practices corporate and commercial law Prior to joining Stikeman, Elliott he was Canadian Minister of Finance from 1982-1984.
III: DOMESTIC AND INTERNATIONAL LEGAL REGIME
Regimen legal de los medios alternos de solucion de controversias en la region del TLCAN (Derecho Mexicano)
— Carlos Loperena is a partner in the Mexico City law firm of Loperena y Rodriguez. He has acted as a party appointed arbitrator and also has been appointed by the Court of Arbitration of the International Chamber of Commerce. He is a former chairman of the Civil Law Section of the Barra Mexicana (Bar Association), where he also serves as Secretary of the Board.
La convencion de Panama
— Jose Luis Siqueiros is Of Counsel to Barrera, Siqueiros y Torres Landa S.C., Mexico City is the Author of multiple articles dealing with investment and commercial arbitration. He is a Recognized Arbitrator in various international organizations and is President, Interamerican Juridical Committee, Organization of American States.
El Centro de Abitraje de Mexico (CAM)
— Cecilia Azar Manzur is an advisor to the Secretario General del Centro de Arbitraje de Mexico (CAM). is an advisor to the Secretario General del Centro de Arbitraje de Mexico (CAM).
— UNITED STATES
Commercial Arbitration in the United States: The Legal Structure
— John M. Townsend is a partner in the Washington DC Office of Hughes Hubbard & Reed and is Chairman of the firm's Arbitration and ADR Group. is a partner in the Washington DC Office of Hughes Hubbard & Reed and is Chairman of the firm's Arbitration and ADR Group.
El regimen de medios alternos para la solucion de controversias en los tribunnales federales de Estados Unedos de Norte America -
— Hon. Juan R. Torruella is the Chief Judge, U.S. Court of Appeals for the First Circuit (Puerto Rico.) Estados Unedos de Norte America.
The Enforcement of International Commercial Arbitration Awards in Canada
— Kenneth M. Lysyk has been a Judge on the Supreme Court of British Columbia since 1983; has been a Judge on the Supreme Court of British Columbia since 1983.
— UNITED STATES
Ad-Hoc, Institutional and Hybrid Procedures: Differences, Advantages and Disadvantages
— James H. Carter is a litigation partner in the New York office of Sullivan & Cromwell and coordinator of its international arbitration practice. Mr. Carter is a Past Chair of the American Bar Association Section of International Law and Practice and has served as Chair of its committee on International Commercial Arbitration.
Arbitraje internacional vs. arbitraje nacional: Instituciones regionales vs. instituciones universales
— Claus von Wobeser. Mr. von Wobeser has been a Postgraduate Professor of Arbitration at the Escuela Libre de Derecho since 1992. He is president of the Arbitration Commission Mexican Chapter I.C.C. since 1987 and a member of the Advisory Committee on Private Commercial Disputes of NAFTA since 1994. Mr. von Wobeser is the Managing Partner of the law firm Von Wobeser and Sierra, Mexico City.
The Quebec National and International Commercial Arbitration Centre
— Professor Nabil N. Antaki has been a member of the Order of Canada; Fellow of the Royal Society of Canada; Chevalier de I'Ordre National de la L6gion d'Honneur (France); and Officier de l'Ordre des Palmes acad6miques (France). He has been a Professor of Law at Laval University since 1968.
V: ENFORCEMENT ISSUES AND JUDICIAL COOPERATION
The Enforcement of International Arbitration Agreements and Referral Applications in the NAFTA Region
— Pierre Bienvenue is a partner of Ogilvy Renault practicing in the firm's Montreal office. He has been a member of the Litigation Group since 1983 and is a member of the Firm's Management Committee. Mr. Bienvenue has acted as counsel in numerous domestic and international commercial arbitration cases, both ad hoc and institutional.
Enforceability of Mediated Settlements of International Disputes within NAFTA
— Jeffrey A. Talpis is currently Professor of Law at the University of Montreal is currently Professor of Law at the University of Montreal.
Court Review of Awards in their Country of Origin
— Cecil O. D. Branson is a lawyer and respected leader in the ADR field. Mr. Branson has over 25 years of arbitration and mediation experience. He is a trainer and educator with a number of organizations, including the Faculty of Law at the University of Victoria (Vancouver), He has been involved in numerous ADR presentations and panels.
Ejecucion de acuerdos de mediacion
— Loretta Ortiz Ahlf is Director of the Department of Law and Professor of Public International Law at the Universidad lberoamericana, Mexico.
— UNITED STATES
The Enforcement of Tribunal – Ordered Provisional Measures
— Carolyn B. Lamm is a Partner in the Washington DC office of White and Case where she concentrates in international commercial arbitration and international trade matters. She is involved primarily in the representation of foreign corporate clients and sovereigns.
Enforcement of Arbitral Awards in North American Jurisdictions
— David W. Rivkin is a litigation Partner in the New York office of Debevoise & Plimpton and Chairman of the ADR and Arbitration Committee of the International Bar Association (IBA). He has handled international arbitrations throughout the world and before virtually every major arbitration institution. Mr. Rivkin also represents various European, Latin American and Asian companies in litigation in the United States involving disputes over the enforcement of arbitral awards and arbitration agreements, as well as other transnational disputes.
Mediation Presentation Introduction
— Neil Gold is currently Academic Vice-President of the University of Windsor. He has held a number of posts at the University of Windsor and at City University of Hong Kong, including dean of law (Windsor), dean of humanities and social sciences (Hong Kong), head of professional legal education (Hong Kong), dean of student of affairs and continuing education (Windsor).
La mediacion como metodo alterno para resolver controversias en el comercio transnacional
— Luciano Adrian Rodriguez is an Attorney and counselor at Law from the State Bar of Texas since 1975. Mr. Rodriguez holds ADR certifications from different organizations including the Attorney Mediators Institute and the REDRESS Program of the U. S. Postal Service.
Drafting Mediation Clauses for International Transactions
— Philip A. Robbins is a Partner with Robbins & Green in Phoenix, AZ. Mr. Robbins' area of expertise is arbitration and mediation (domestic and international). He is a member of the Board of Governors, National Law Center for Inter - American Free Trade, Tucson, Arizona and U.S. Delegate to NAFTA 2022 Advisory Committee on Private Commercial Disputes for Free - Trade Commission.
Mediation: Creating a Space for Conflict Solution
— Nancy Oretskin
Mediating NAFTA Disputes: So, You’ve Never Seen a Mediation?
— Ann L. MacNaughton is currently the Director of Arthur Andersen LLP, Dispute Resolution Strategies Practice - Southwest Region; Strategy, Finance & Economics ("SFE") Consulting Practice. Ms. MacNaughton has more than 20 years of complex commercial dispute resolution experience (negotiation, litigation, arbitration, mediation).
Negotiation and Mediation Instead of Litigation
— Luis Miguel Diaz
Listado de preceptos legales que refieren a la mediacion en leyes mexicanas
— Nancy A. Oretskin and Luis Miguel Diaz
VII: DRAFTING DISPUTE RESOLUTION CLAUSES
Resolving Certain Domain Name Disputes—The WIPO Recommendations
— Scott M. Donahey is a Partner with Tomlinson Zisko Morosoli & Maser LLP (Palo Alto) and has been Counsel in numerous arbitrions. and mediatons, especially those involving intellectual property.
Lista de elementos de una clausula de resolucion de controversias
— Dana Haviland is a Partner with Wilson, Sonsini, Goodrich & Rosati in Palo Alto, CA. Ms. Haviland is a member of the NAFTA Advisory Committee on Private Commercial Disputes among other memberships.
Ahorro de constos en el arbitraje
— Luis Enrique Graham Tapia is an alternate member for Mexico to the NAFTA's Advisory Committee on Commercial Disputes among other memberships.
VIII: DOCUMENTS PREPARED BY THE NAFTA ADVISORY COMMITTEE ON PRIVATE COMMERCIAL DISPUTES
Alternative Dispute Resolution In International Contracts
Enforcing Agreements to Arbitrate and Arbitral Awards in the NAFTA Countries
IX: INTERNATIONAL TREATIES AND NATIONAL LAWS IN ARBITRATION
Convention on the Recognition and Enforcement of Foreign Arbitral Awards
Inter-American Convention on International Commercial Arbitration
Convencion sobre el reconocimiento y la ejecucion de las sentencias arbitrales extranjeras
Convencion Interamericana sobre Arbitraje Comerical Internacional
Canandian Arbitration Law
Mexican Arbitration Law
U.S. Federal Arbitration Act
X: MEMBERS OF THE NAFTA ADVISORY COMMITTEE ON PRIVATE COMMERCIAL DISPUTES
About the Editors:
Luis Miguel Diaz is currently the Mexican Director of the U.S.-Mexico Conflict Resolution Center. He received his law degree from the Universidad Nacional Autunoma de Mexico (UNAM) in 1974. He earned a Masters in Laws (LLM) in 1976 and a Science Juridical Doctorate (SJD) in 1986 from Harvard Law School.
Nancy A. Oretskin is Director of the U.S.-Mexico Conflict Resolution Center (CRC) and is an Associate Professor at New Mexico State University in the College of Business Administration and Economics.
Contributing Editors Include:
Henri C. Alvarez
Carlos Loperena R.
José Luis Siqueiros
Cecilia Azar Manzur
John M. Townsend
Juan R. Torruella
Kenneth M. Lysyk
James H. Carter
Claus von Wobeser
Nabil N. Antaki
Jeffrey A. Talpis
Ann L. MacNaughton
Cecil O.D. Branson
Loretta Ortíz Ahlf.
Carolyn B. Lamm
Luis Enrique Graham Tapia
M. Scott Donahey
Nancy A. Oretskin
Philip A. Robbins
David W. Rivkin
Luciano Adrían Rodríguez
Praise for Commercial Mediation and Arbitration in the NAFTA Countries
"A comprehensive reference work that should be on the shelf of every serious practitioner of
dispute resolution in the NAFTA region."
- Edward C. Chiasson, Q.C., Ladner Downs, Vancouver, Adjunct Professor of Alternative Dispute
Resolution at the University of British Columbia; Hunter Professor of Arbitration and Dispute
Resolution at the City University of Hong Kong
"Finally, the book we've been waiting for on commercial mediation and arbitration in the NAFTA
countries ? I wouldn't be without this reference in my office library."
- Rona R. Mears, Partner, Haynes and Boone, Dallas, TX; Past Chair, ABA Section of International
Law and Practice
"Judges should take a glance at it; lawyers require reading it; NAFTA detractors as well as pundits
must read it; those already familiar with ADR cannot ignore it."
- Alfonso Oñate Laborde, NAFTA's Labor Cooperation Commission Executive Director and Former
"Consejero de la Judicatura Federal" of Mexico's Federal Judiciary