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Lowenfeld on International Arbitration
About the Book:
In fifteen essays collected in this volume, Professor Lowenfeld brings together world class scholarship in all aspects of international economic transactions with more than thirty years experience as an arbitrator in international controversies. The essays range from a primer on international arbitration for those who are new to the field or entered it without adequate introduction, to sophisticated analysis of the role of party-nominated arbitrators and of the blending of civil law and common law traditions into what Lowenfeld refers as the “omelette” that international arbitration has become. He discusses the use of lex mercatoria, the pros and cons of judicial review of arbitral awards, and the adaptation of arbitration to controversies involving public law and public policy. Lowenfeld’s illuminating anecdotes and lucid writing style will provide pleasure and insight for all who are engaged in international arbitration – whether as counsel, as arbitrators, or as academics.
Part I. Introduction
1. A Primer on International Arbitration
Part II. The Meeting of Different Legal Traditions
2. The Two-Way Mirror: International Arbitration as Comparative Procedure
3. International Arbitration as Omelette: What Goes into the Mix
4. Arbitration across National Frontiers: Views of a Founding Father
Part III. The Arbitrators
5. The Party-Appointed Arbitrator in International Controversies: Some Reflections
6. The Party-Appointed Arbitrator: Further Reflections
7. An Arbitrator's Declaration of Independence
8. The Immunity of Arbitrators: Review of a Global Symposium
Part IV. Arbitration of Public Issues
9. The Mitsubishi Case
10. International Arbitration: Scapegoat or Solution?
Part V. Lex Mercatoria
11. Lex Mercatoria: An Arbitrator's View
12. Singapore and the Local Bar: Aberration or Ill Omen?
Part VI. Courts and Arbitration
13. Can Arbitration Coexist with Judicial Review? The LaPine v. Kyocera Case
14. Arbitration and Issue Preclusion: A View from America
Part VII. International Law
15. International Arbitration and International Law
About the Author:
Andreas F. Lowenfeld is Herbert and Rose Rubin Professor of International Law at New York University School of Law. He serves frequently as arbitrator in international cases, and has written widely on various aspects of international trade, investment, finance, and dispute settlement. Professor Lowenfeld is an elected member of the Institut de Droit International and of the International Academy of Comparative Law, and has twice been a Lecturer at The Hague Academy of International Law. Professor Lowenfeld served as Associate Reporter for the American Law Institute's Restatement (Third) of the Foreign Relations Law of the United States, with principal responsibility for the sections on jurisdiction, judgments, and dispute settlement, and is Co-Reporter of the ALI's International Jurisdiction and Judgments Project.
