Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration
Center for the Study of Dispute Resolution, Symposium 2011, October 21, 2011

In cooperation with the University of Missouri International Center
and the University of Missouri Transatlantic Center.

Works-in-Progress Conference

In Association With
Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration

Center for the Study of Dispute Resolution
October 20, 2011


Program

The following is subject to change.

7:45 - 8:00

Welcome

8:00 - 10:15

Round 1 (encompassing sessions A & B)

Session A - Comparing Arbitration and Litigation - Which is Best?
Moderator: Dean Robert G. Bailey, University of Missouri School of Law

Presenters:

Petra Butler, University of Wellington (New Zealand)
"CISG and International Arbitration - A Fruitful Marriage?"

Jack Graves, Touro Law School (United States)
"Disparate National Laws and 'Skirmishes' Over Enforcement of Agreements to Arbitrate"

Erin O'Hara O'Connor, Vanderbilt University (United States)
"The Importance of Sophisticated Court Systems for International Commerce"

Session B - Innovative Intersections Between Litigation and Arbitration
Moderator: Professor William B. Fisch, University of Missouri School of Law

Presenters:

Claire Wan-Chiung Cheng, National Taiwan University (Taiwan) & Kyushu University (Japan)
"Arbitration for Cross-Border Intellectual Property Dispute Resolution - ADR Shift With Institutional Implications?"

Angel Espiniella-Menendez, University of Oviedo (Spain)
"Effects of Insolvency Proceedings on International Arbitration"

Manuel A. Gomez, Florida International University (United States)
"The Effect of Alternative Financing on International Arbitration"

10:15 - 10:30

Break

10:30 - 12:45

Round 2 (encompassing sessions C & D)

Session C - The Theory of International Commercial Arbitration
Moderator: Professor John Lande, University of Missouri School of Law

Presenters:

Karen Halvordson Cross, John Marshall Law School (United States)
"Rawls' Original Position and the Evolution of BIT Practice"

Troy L. Harris, University of Detroit Mercy (United States)
"The Customary Arbitral Legal Order"

Christa Roodt, University of Aberdeen (United Kingdom)
"A 'New Science of Conflict of Litigation:' A Systemic Perspective"

Session D - Practical Issues Involving International Commercial Arbitration
Moderator: Professor Charles D. Henson, University of Missouri School of Law

Presenters:

David M. Kerr, Morgan Lewis & Bockius (United States)
"International Arbitration: The Times They Are A-Changin' Back"

Cornel N. Marian, Stockholm Arbitration & Litigation Center (Sweden)
"Proper Notice: The Common Problems in Interpreting Art. V(1)(b) of the New York Convention in Light of the Lernmorniiproekt Decision of the Swedish Supreme Court"

Margaret L. Moses, Loyola University Chicago (United States)
"Anti-Suit Injunctions in International Arbitration"

12:45 - 2:15

Lunch for WIP speakers and moderators at the University Club
Hosted by the University of Missouri School of Law

This lunch is not open to the general public.

2:15 - 4:30

Round 3 (encompassing sessions E & F)

Session E - Applying Litigation Principles to International Commercial Arbitration
Moderator: Professor James Levin, University of Missouri School of Law

Presenters:

Nathan Crystal and Francesca Giannoni-Crystal, Charleston School of Law (United States)
"Enforceability of Forum Selection Clauses: A 'Gallant Knight' Still Seeking El Dorado"

Maud Piers, University of Gent (Belgium)
"A Consumer Arbitration Model for Europe"

Alan Reed, University of Sunderland (United Kingdom)
"Venue Resolution and Forum Non Conveniens: Four Models of Jurisdictional Propriety"

Session F - Perspectives of U.S. Courts on International Commercial Arbitration
Moderator: Professor Paul Ladehoff, University of Missouri School of Law

Presenters:

Benjamin G. Davis, University of Toledo Law School (United States)
"Occupy Arbitration: Power and Values in Supreme Court Judicial Review of Arbitration Clauses and Awards"

Lisa M. Richman, K&L Gates (United States)
"Chevron and Beyond: Analysis of National Court Orders in Support of Investment Treaty Arbitration"

David Ma, University of Missouri (United States)
"A BIT Unfair? An Illustration of the Backlash Against International Arbitration in Latin America: Chevron Corp. v. Republic of Ecuador"

4:30 - 4:45

Break

4:45 - 5:45

International Commercial Arbitration under the New ICC Rules

Victoria Shannon, Deputy Director, Arbitration and ADR, ICC North America
CLE credits will be sought for this session

6:30

Dinner

Participants are on their own for dinner, but the Law School will make reservations for groups of six at several restaurants in town in case participants want to meet up - more information will be made available in due course.

The works-in-progress conference is open to the public. Those wishing to receive draft papers and abstracts in advance of the conference should contact Laura Coleman (colemanl@missouri.edu or +1 573 882 5969).