Pro-Arbitration Revisited: A Tribute to Professor George Bermann from his Students Over the Years
When one thinks of someone who had more than 10,000 students into the intricacies of international arbitration, opened the doors of teaching to a great number of teaching assistants, tailored the minds and installed a spirit of criticism and curiosity for knowledge to the Columbia Law School (CLS) international arbitration Alumni for almost five decades, there is only one name that comes to mind: Professor George Bermann.
This new well-deserved tribute to Professor Bermann as we now present to the arbitration world is special. It is much more than a tribute. This is the first time that a Columbia Law School professor receives a book in his honor written in collaboration by such a large group of CLS Alumni from all over the world and esteemed Columbia University faculty—the book impressively has more than 100 contributors. This number reflects, among many things, a very unique approach that Professor Bermann has towards lawyers, both domestic and international. As a Columbia Law School LL.M. alumnus himself, Professor Bermann is constantly pushing CLS faculty and students to interact deeply irrespective of their program of study, whether a Juris Doctor (J.D.) degree or a Legis Magister (LL.M.) degree. As anticipated, several of Professor Bermann’s faculty at Columbia involved in international arbitration have also contributed to this volume to honor this legend.
The editors are overjoyed to help this Columbia Law School Alumni tribute come to life, in honor of a fantastic person who has been defined as being himself a “gateway to international arbitration.” At a personal level, Professor Bermann is like an extended family to each of us and, for that, we are eternally grateful.
We now invite you all to go through the excellent scholarly contributions contained in this book, reading between the lines—or sometimes even in the lines—about the great appreciation and respect that our entire community feels towards our very own Professor Bermann.
About Professor George A. Bermann
George A. Bermann, Professor of Law, at Columbia Law School, is a highly experienced international arbitrator in both commercial and investment arbitration. He has conducted arbitration regularly since 1980 before all the leading international arbitral institutions.
He arbitrates disputes in all sectors, including general commercial contract, construction, intellectual property, energy, oil and gas, competition law, insurance, telecommunications, pharmaceuticals, distributorship and franchising, transportation, and employment.
Professor Bermann also serves regularly as expert witness before international arbitral tribunals as well as before courts in cases arising out of arbitration agreements, arbitral proceedings and arbitral awards. He also serves as co-counsel and advisor to counsel in international arbitral proceedings and in arbitration-related litigation.
Professor Bermann is Chief Reporter of the American Law Institute’s “Restatement of the U.S. Law of International Commercial and Investment Arbitration” and co-author (with Emmanuel Gaillard) of the UNCITRAL Guide to the New York Convention.
He is also professor affilié at the Ecole de droit, Institut des Sciences Politiques (Paris), professor in the Geneva LL.M. in International Dispute Settlement (MIDS), and adjunct professor at Georgetown University Law Center.
Professor Bermann was Founding Member, Governing Board of International Court of Arbitration of the ICC (Paris). He is currently member of the Standing Committee of International Court of Arbitration of the ICC and of the ICC Commission on International Arbitration. He co-chairs the Global Board of Advisers, New York International Arbitration Center (NYIAC) and is Council Member of the American Arbitration Association and Board Member of the Center for Conflict Prevention and Resolution (CPR). He is also a Fellow of the Chartered Institute of Arbitrators (London).
Professor Bermann in Co-Editor-in-Chief (with Rob Smit) of the American Review of International Arbitration (ARIA) and editorial board member of the Revue de l’Arbitrage. He is the recipient of several university honorary degrees.
Part I - Faculty in International Arbitration
Chapter 1 - Consensual Justice: Challenges and Promises
Alejandro M. Garro
Chapter 3 - The New Invisible College
Patrick Pearsall
Chapter 4 - Beat the BITs: Delineating the Monopoly on the Interpretation of EU Law and its Implications
Petros C. Mavroidis and Kabir Duggal
Chapter 5 - Promoting Efficiency Is Pro-Arbitration
Rahim Moloo
Chapter 6 - Being ‟Pro-Arbitration”: Insights from the European Union’s Approach Towards Investor-State Arbitration
Ridhi Kabra and Gaëtan Verhoosel
Chapter 7 - Pro-Bermann
Robert Smit
Chapter 8 - Professor George Bermann: A Pathway to International Arbitration
Viren Mascarenhas
Part II - FORMER Students in International Arbitration
Chapter 9 - Securing International Arbitration’s Domestic Foundations
Adam J. Diclemente
Chapter 10 - A Reflection on BG Group v. Argentina, in Five Acts
Alexander A. Yanos
Chapter 11 - Being Pro-Arbitration in Anti-Arbitration Situations
Alexander Grimm
Chapter 12 - How to Be Pro-Arbitration in Five Lessons
Alexandre Senegacnik
Chapter 13 - ‟Pro-Arbitration” in an Investor-State Context: Is the Dutch Model BIT ‟Pro-Arbitration”?
Ana Martinez Valls
Chapter 14 - Temporal Dimensions of “Pro-Arbitration” Trade-Offs
Anika Havaldar
Chapter 15 - Security for Costs: Facially Anti-Arbitration But Upon Consideration Decidedly Pro-Arbitration
Ank Santens and Stephen Hogan-Mitchell
Chapter 16 - Pro-Arbitration = Pro-Litigation
Anton Chaevitch
Chapter 17 - Mass Arbitrations: A Pro-Arbitration Approach or Abuse of Arbitration?
Ashlesha Srivastava
Chapter 18 - Another Aspect of “Pro-Arbitration”: Enforcement
Brenda D. Horrigan
Chapter 19 - Brazilian Arbitration-Friendliness
Caetano Berenguer and Gustavo Favero Vaughn
Chapter 20 - The “Gateway” Issues in Brazil: A Tribute to George A. Bermann
Camila Macedo Simão and Elora Neto Godry Farias
Chapter 21 - Are the Essential Actors and Users of Arbitration Pro-Arbitration?
Camilla Gambarini
Chapter 23 - Clarity, Transparency and Unambiguousness: The Pro-Arbitration Sine Qua Non
Chiara Cilento and Rodolfo Donatelli
Chapter 24 - “In Mitas Virtus”: The Necessary Balance Between the Duty to Protect the Parties’ Procedural Rights and the Need to Promote an Agile and Cost-Effective Arbitration
Christian Herrera Petrus
Chapter 25 - The Benefits of a Judicial Re-Hearing of Jurisdictional Objections
Christina Cathey Schuetz
Chapter 26 - How Are Arbitration Privacy and Confidentiality Provisions “Pro-Arbitration”?
Claire Hellweg
Chapter 27 - Legitimacy as a Measure of Arbitration-Friendliness
Clemens Treichl
Chapter 28 - Are DC Courts Pro-Arbitration?
Craig D. Gaver
Chapter 29 - A Pro-Arbitration Approach: Reflections from the Arbitrator’s Perspective
Cristián Conejero Roos
Chapter 30 - Can Anti-Arbitration Injunctions Be Pro-Arbitration?
Daniel Allman
Chapter 31 - Pro-Arbitration Approach to Costs Adjustments
Daniel Hrčka
Chapter 32 - The Hidden Pro-Arbitration Nature of Judge Rakoff’s Decision on Arbitral Subpoenas to Third Parties
Daniel Schimmel
Chapter 33 - A Sociology of Being Pro-Arbitration: A Look at Some Community Rituals Through the Pro-arbitration Lens
David S. Blackman
Chapter 34 - Chasing Shadows: Enforcement of International Commercial Arbitral Awards Against Non-Signatories at the Post-Judgment Stage
Delyan M. Dimitrov
Chapter 36 - Is Appellate Review Pro- or Anti-Arbitration?
Eduardo Grebler
Chapter 37 - Will We Make Arbitration a Victim of its Own Success?
Ellen-Louise Moens
Chapter 38 - Does it Still Make Sense to Speak of Being “Pro” Arbitration?
Enikő Horváth
Chapter 39 - What Does it Mean to Be ”Pro-Arbitration”? A Take on Guatemala
Enrique Martinez Guzman
Chapter 40 - Reading Between the Lines, or How I Read My First 4000-Page Treatise
Eric Lenier Ives
Chapter 43 - The False Prophets of International Arbitration
Florian Grisel
Chapter 44 - Comparing Arbitration to Judicial Litigation: Assets and Challenges
Freya Baetens
Chapter 45 - ‟Pro-Arbitration”: The Necessary Presence of Courts at the End of the Road
Gino Rivas
Chapter 46 - Awards and Peace: Arbitration of International Conflicts
Guled Yusuf and Andrew Hashim
Chapter 47 - The Enduring Arbitral Legacy of Professor George Bermann
Gustavo Laborde
Chapter 48 - Confidentiality in Arbitration: Is it “Pro-Arbitration”?
Jack Busby and Rebecca Collins
Chapter 49 - Navigating Value Trade-Offs: International Arbitration and Beyond
Janet Whittaker
Chapter 50 - Comment on “What Does it Mean to Be ‘Pro-Arbitration’?” by Professor George Bermann
Jean Marie Lambert
Chapter 51 - What Does it Mean to Be ”Pro-Arbitration”? A Due Process Analysis
José Manuel García Represa
Chapter 52 - Presumptive Confidentiality in Arbitration Rules
Joseph E. Neuhaus
Chapter 53 - International Arbitral Authority as an Act of Collective Imagination
Joshua Karton
Chapter 54 - Deregulating Arbitration Might Ultimately Fail to Promote It
Juan Manuel Rey Jiménez De Aréchaga
Chapter 55 - The Importance of Aspirational Standards of Civility in International Proceedings
Julie Bédard and Nicholas Romanoff
Chapter 56 - Waiver of the Right To Arbitrate—Is U.S. Law “Pro-Arbitration”?
Katharine Menéndez De La Cuesta
Chapter 57 - What Is it to Be ‟Pro-Arbitrationˮ When Addressing Corruption at the Setting Aside and Enforcement Stages?
Laura Azaria and Vincent Reynaud
Chapter 58 - The Negative Effect of the Competence-Competence Principle in France: Eleven Years Later
Laura Fadlallah
Chapter 59 - Solving Outer Space Disputes Through Space Arbitration
Laura Yvonne Zielinski
Chapter 60 - Switzerland’s Steadfast Pro-Arbitration Stance
Laurence Burger
Chapter 61 - Towards a More Perfect Union: The Evolution of the American Pro-Arbitration Policy
Levon Golendukhin
Chapter 62 - Was the U.S. Supreme Court Decision in ZF Automotive ‟Pro-Arbitrationˮ?
Lorenzo Sordi
Chapter 63 - Section 1782 Discovery in International Arbitration
Manuel Valderrama
Chapter 64 - Why Is Arbitration Good for Small States?
Maria Vizdoaga
Chapter 65 - The Uruguayan “Pro-Arbitration” Notion
Mateo Verdías Mezzera
Chapter 67 - ISDS in a Developing Country Context - Implementability and Implementation as ”Pro-Arbitration” Virtues
Maximilian Philip Eltgen
Chapter 69 - Enhanced Transparency: Threat to Arbitration or Pro-Arbitration Endeavor?
Mercédeh Azeredo Da Silveira
Chapter 70 - George Bermann and the Importance of Thinking About Arbitration Contextually
Michael A. Fernández
Chapter 71 - International Arbitration and Political Legitimacy
Michael Bannon
Chapter 72 - Becoming “George”
Michael Granne
Chapter 73 - The Stop-and-Go Rise of France’s Pro-Arbitration Regime: A Play in Five Acts
Mikaël Schinazi
Chapter 74 - Pro (Domestic) Arbitration But Anti (International) Arbitration? Complexities in a Dualist Model Jurisdiction
Milton Gutcovsky Kujawski
Chapter 75 - Pro-Arbitration Concept: Reflections On French Arbitration Law
Morgan Imbert
Chapter 76 - Being ‟Pro-Arbitrationˮ – What Does it Mean for the Applicable Law?
Moritz Renner
Chapter 77 - Doctrinal Coherence as a “Pro-Arbitration” Virtue
Myron Phua
Chapter 78 - International Arbitration’s Section 1782 Conundrum
Nicolas Teijeiro
Chapter 79 - Arbitration’s Durability: Meeting Needs in a Changing Landscape
Nika Madyoon
Chapter 80 - Searching for Balance in Judicial Treatment of Arbitral Awards Set Aside at the Seat
Nikolay A. Ouzounov
Chapter 81 - Is Remote Arbitration Pro-Arbitration?
Paris Aboro
Chapter 82 - Pro-Arbitration Is Regulation
Parvan P. Parvanov
Chapter 83 - What Does it Mean to Be “Pro-ISDS”?
Perry S. Bechky
Chapter 84 - Out of Balance: How California Gets Who Decides Non-Signatory Arbitrability Wrong
Peter Fox
Chapter 85 - Professor Bermann and the Proskauer Lecture
Peter J. W. Sherwin
Chapter 86 - Reflections on the Progressive Development of Investment Arbitration to Meet Climate Change and ESG Imperatives
Preeti Bhagnani
Chapter 87 - Pro-Arbitration? A Question of “Legality,” “Effectiveness” and “Legitimacy”
Quentin Declève
Chapter 88 - Being Taught to Think Critically About What Is Good for Arbitration
Quinn Leary
Chapter 89 - Pro-Arbitration or Not: The Attorney-Eyes-Only Mechanism
Rachel Ong
Chapter 90 - What Does it Mean to Be Pro-Arbitration – An Examination of Pakistani Judiciary’s Approach
Rana Sajjad
Chapter 91 - The Tension Between Confidentiality and Transparency in Arbitration
Ricardo Ampuero Llerena
Chapter 92 - Maximizing the Economic Benefits Produced by International Commercial Arbitration: Beyond “Pro-Arbitration” Policies
Riccardo Loschi
Chapter 93 - An Appreciation of George A. Bermann
Richard L. Mattiaccio
Chapter 94 - Indian Arbitration – The Illusion of a ‟Pro-Arbitrationˮ Development
Rishab Gupta And Lakshana R
Chapter 95 - Being “Pro-Arbitration”: An Italian Perspective
Roberto Casati
Chapter 96 - The Arbitration State: From Autonomy to Independence
Rumen Cholakov
Chapter 97 - Pro-Arbitration and “Pro Validitate”: Is it Always The Same? Some Reflections in Light of Swiss and French Law
Sebastien Besson
Chapter 98 - “Aggregate Arbitration” – Or the Question of Whether Issue Preclusion Principles Are “Pro-Arbitration”
Silja Schaffstein
Chapter 99 - “Pro-Arbitration” in an Investor-State Context: Assignment of Investment Treaty Claims
Simón Navarro Gonzalez
Chapter 100 - Selected Pro-Arbitration Features of the Swiss Lex Arbitri
Simon Vorburger
Chapter 102 - Artificial Intelligence Arbitration
Tyler Jankauskas
Chapter 103 - International Commercial Arbitration and Climate Emergency: In Search of “Greener” Times
Valentin Rougier
Chapter 105 - A “Pro-Arbitration” Framework for Choice-of-Law Practices in U.S. Judicial Enforcement of Arbitration Agreements
Yilin Tim Chen
Chapter 106 - Tentative Steps Toward Being Pro-Arbitration: A Turkish Perspective
Yusuf Kumtepe
ABOUT THE EDITORS
Elora Neto Godry Farias is a Columbia Law School LL.M. (‘22) and an International Attorney at Milbank LLP, in the São Paulo office.
Gino Rivas is a Columbia Law School LL.M. (‘22) and Professor at Pontificia Universidad Católica del Perú, in Lima, Perú.
Gustavo Favero Vaughn is a Columbia Law School LL.M. (‘22) and an International Lawyer at Cleary Gottlieb Steen & Hamilton LLP, in the New York office.
Mateo Verdías Mezzera is a Columbia Law School LL.M. (‘22) and a Visiting Lawyer at the International Arbitration and Litigation group of Sullivan & Cromwell LLP, in the New York office.
ALONG WITH
Dr. Kabir A.N. Duggal is a Lecturer-in-Law at Columbia Law School and the Managing Editor of the American Review of International Arbitration at Columbia Law School.
ABOUT THE EDITORS
Elora Neto Godry Farias is a Columbia Law School LL.M. (‘22) and an International Attorney at Milbank LLP, in the São Paulo office.
Gino Rivas is a Columbia Law School LL.M. (‘22) and Professor at Pontificia Universidad Católica del Perú, in Lima, Perú.
Gustavo Favero Vaughn is a Columbia Law School LL.M. (‘22) and an International Lawyer at Cleary Gottlieb Steen & Hamilton LLP, in the New York office.
Mateo Verdías Mezzera is a Columbia Law School LL.M. (‘22) and a Visiting Lawyer at the International Arbitration and Litigation group of Sullivan & Cromwell LLP, in the New York office.
ALONG WITH
Dr. Kabir A.N. Duggal is a Lecturer-in-Law at Columbia Law School and the Managing Editor of the American Review of International Arbitration at Columbia Law School.
Part I - Faculty in International Arbitration
Chapter 1 - Consensual Justice: Challenges and Promises
Alejandro M. Garro
Chapter 3 - The New Invisible College
Patrick Pearsall
Chapter 4 - Beat the BITs: Delineating the Monopoly on the Interpretation of EU Law and its Implications
Petros C. Mavroidis and Kabir Duggal
Chapter 5 - Promoting Efficiency Is Pro-Arbitration
Rahim Moloo
Chapter 6 - Being ‟Pro-Arbitration”: Insights from the European Union’s Approach Towards Investor-State Arbitration
Ridhi Kabra and Gaëtan Verhoosel
Chapter 7 - Pro-Bermann
Robert Smit
Chapter 8 - Professor George Bermann: A Pathway to International Arbitration
Viren Mascarenhas
Part II - FORMER Students in International Arbitration
Chapter 9 - Securing International Arbitration’s Domestic Foundations
Adam J. Diclemente
Chapter 10 - A Reflection on BG Group v. Argentina, in Five Acts
Alexander A. Yanos
Chapter 11 - Being Pro-Arbitration in Anti-Arbitration Situations
Alexander Grimm
Chapter 12 - How to Be Pro-Arbitration in Five Lessons
Alexandre Senegacnik
Chapter 13 - ‟Pro-Arbitration” in an Investor-State Context: Is the Dutch Model BIT ‟Pro-Arbitration”?
Ana Martinez Valls
Chapter 14 - Temporal Dimensions of “Pro-Arbitration” Trade-Offs
Anika Havaldar
Chapter 15 - Security for Costs: Facially Anti-Arbitration But Upon Consideration Decidedly Pro-Arbitration
Ank Santens and Stephen Hogan-Mitchell
Chapter 16 - Pro-Arbitration = Pro-Litigation
Anton Chaevitch
Chapter 17 - Mass Arbitrations: A Pro-Arbitration Approach or Abuse of Arbitration?
Ashlesha Srivastava
Chapter 18 - Another Aspect of “Pro-Arbitration”: Enforcement
Brenda D. Horrigan
Chapter 19 - Brazilian Arbitration-Friendliness
Caetano Berenguer and Gustavo Favero Vaughn
Chapter 20 - The “Gateway” Issues in Brazil: A Tribute to George A. Bermann
Camila Macedo Simão and Elora Neto Godry Farias
Chapter 21 - Are the Essential Actors and Users of Arbitration Pro-Arbitration?
Camilla Gambarini
Chapter 23 - Clarity, Transparency and Unambiguousness: The Pro-Arbitration Sine Qua Non
Chiara Cilento and Rodolfo Donatelli
Chapter 24 - “In Mitas Virtus”: The Necessary Balance Between the Duty to Protect the Parties’ Procedural Rights and the Need to Promote an Agile and Cost-Effective Arbitration
Christian Herrera Petrus
Chapter 25 - The Benefits of a Judicial Re-Hearing of Jurisdictional Objections
Christina Cathey Schuetz
Chapter 26 - How Are Arbitration Privacy and Confidentiality Provisions “Pro-Arbitration”?
Claire Hellweg
Chapter 27 - Legitimacy as a Measure of Arbitration-Friendliness
Clemens Treichl
Chapter 28 - Are DC Courts Pro-Arbitration?
Craig D. Gaver
Chapter 29 - A Pro-Arbitration Approach: Reflections from the Arbitrator’s Perspective
Cristián Conejero Roos
Chapter 30 - Can Anti-Arbitration Injunctions Be Pro-Arbitration?
Daniel Allman
Chapter 31 - Pro-Arbitration Approach to Costs Adjustments
Daniel Hrčka
Chapter 32 - The Hidden Pro-Arbitration Nature of Judge Rakoff’s Decision on Arbitral Subpoenas to Third Parties
Daniel Schimmel
Chapter 33 - A Sociology of Being Pro-Arbitration: A Look at Some Community Rituals Through the Pro-arbitration Lens
David S. Blackman
Chapter 34 - Chasing Shadows: Enforcement of International Commercial Arbitral Awards Against Non-Signatories at the Post-Judgment Stage
Delyan M. Dimitrov
Chapter 36 - Is Appellate Review Pro- or Anti-Arbitration?
Eduardo Grebler
Chapter 37 - Will We Make Arbitration a Victim of its Own Success?
Ellen-Louise Moens
Chapter 38 - Does it Still Make Sense to Speak of Being “Pro” Arbitration?
Enikő Horváth
Chapter 39 - What Does it Mean to Be ”Pro-Arbitration”? A Take on Guatemala
Enrique Martinez Guzman
Chapter 40 - Reading Between the Lines, or How I Read My First 4000-Page Treatise
Eric Lenier Ives
Chapter 43 - The False Prophets of International Arbitration
Florian Grisel
Chapter 44 - Comparing Arbitration to Judicial Litigation: Assets and Challenges
Freya Baetens
Chapter 45 - ‟Pro-Arbitration”: The Necessary Presence of Courts at the End of the Road
Gino Rivas
Chapter 46 - Awards and Peace: Arbitration of International Conflicts
Guled Yusuf and Andrew Hashim
Chapter 47 - The Enduring Arbitral Legacy of Professor George Bermann
Gustavo Laborde
Chapter 48 - Confidentiality in Arbitration: Is it “Pro-Arbitration”?
Jack Busby and Rebecca Collins
Chapter 49 - Navigating Value Trade-Offs: International Arbitration and Beyond
Janet Whittaker
Chapter 50 - Comment on “What Does it Mean to Be ‘Pro-Arbitration’?” by Professor George Bermann
Jean Marie Lambert
Chapter 51 - What Does it Mean to Be ”Pro-Arbitration”? A Due Process Analysis
José Manuel García Represa
Chapter 52 - Presumptive Confidentiality in Arbitration Rules
Joseph E. Neuhaus
Chapter 53 - International Arbitral Authority as an Act of Collective Imagination
Joshua Karton
Chapter 54 - Deregulating Arbitration Might Ultimately Fail to Promote It
Juan Manuel Rey Jiménez De Aréchaga
Chapter 55 - The Importance of Aspirational Standards of Civility in International Proceedings
Julie Bédard and Nicholas Romanoff
Chapter 56 - Waiver of the Right To Arbitrate—Is U.S. Law “Pro-Arbitration”?
Katharine Menéndez De La Cuesta
Chapter 57 - What Is it to Be ‟Pro-Arbitrationˮ When Addressing Corruption at the Setting Aside and Enforcement Stages?
Laura Azaria and Vincent Reynaud
Chapter 58 - The Negative Effect of the Competence-Competence Principle in France: Eleven Years Later
Laura Fadlallah
Chapter 59 - Solving Outer Space Disputes Through Space Arbitration
Laura Yvonne Zielinski
Chapter 60 - Switzerland’s Steadfast Pro-Arbitration Stance
Laurence Burger
Chapter 61 - Towards a More Perfect Union: The Evolution of the American Pro-Arbitration Policy
Levon Golendukhin
Chapter 62 - Was the U.S. Supreme Court Decision in ZF Automotive ‟Pro-Arbitrationˮ?
Lorenzo Sordi
Chapter 63 - Section 1782 Discovery in International Arbitration
Manuel Valderrama
Chapter 64 - Why Is Arbitration Good for Small States?
Maria Vizdoaga
Chapter 65 - The Uruguayan “Pro-Arbitration” Notion
Mateo Verdías Mezzera
Chapter 67 - ISDS in a Developing Country Context - Implementability and Implementation as ”Pro-Arbitration” Virtues
Maximilian Philip Eltgen
Chapter 69 - Enhanced Transparency: Threat to Arbitration or Pro-Arbitration Endeavor?
Mercédeh Azeredo Da Silveira
Chapter 70 - George Bermann and the Importance of Thinking About Arbitration Contextually
Michael A. Fernández
Chapter 71 - International Arbitration and Political Legitimacy
Michael Bannon
Chapter 72 - Becoming “George”
Michael Granne
Chapter 73 - The Stop-and-Go Rise of France’s Pro-Arbitration Regime: A Play in Five Acts
Mikaël Schinazi
Chapter 74 - Pro (Domestic) Arbitration But Anti (International) Arbitration? Complexities in a Dualist Model Jurisdiction
Milton Gutcovsky Kujawski
Chapter 75 - Pro-Arbitration Concept: Reflections On French Arbitration Law
Morgan Imbert
Chapter 76 - Being ‟Pro-Arbitrationˮ – What Does it Mean for the Applicable Law?
Moritz Renner
Chapter 77 - Doctrinal Coherence as a “Pro-Arbitration” Virtue
Myron Phua
Chapter 78 - International Arbitration’s Section 1782 Conundrum
Nicolas Teijeiro
Chapter 79 - Arbitration’s Durability: Meeting Needs in a Changing Landscape
Nika Madyoon
Chapter 80 - Searching for Balance in Judicial Treatment of Arbitral Awards Set Aside at the Seat
Nikolay A. Ouzounov
Chapter 81 - Is Remote Arbitration Pro-Arbitration?
Paris Aboro
Chapter 82 - Pro-Arbitration Is Regulation
Parvan P. Parvanov
Chapter 83 - What Does it Mean to Be “Pro-ISDS”?
Perry S. Bechky
Chapter 84 - Out of Balance: How California Gets Who Decides Non-Signatory Arbitrability Wrong
Peter Fox
Chapter 85 - Professor Bermann and the Proskauer Lecture
Peter J. W. Sherwin
Chapter 86 - Reflections on the Progressive Development of Investment Arbitration to Meet Climate Change and ESG Imperatives
Preeti Bhagnani
Chapter 87 - Pro-Arbitration? A Question of “Legality,” “Effectiveness” and “Legitimacy”
Quentin Declève
Chapter 88 - Being Taught to Think Critically About What Is Good for Arbitration
Quinn Leary
Chapter 89 - Pro-Arbitration or Not: The Attorney-Eyes-Only Mechanism
Rachel Ong
Chapter 90 - What Does it Mean to Be Pro-Arbitration – An Examination of Pakistani Judiciary’s Approach
Rana Sajjad
Chapter 91 - The Tension Between Confidentiality and Transparency in Arbitration
Ricardo Ampuero Llerena
Chapter 92 - Maximizing the Economic Benefits Produced by International Commercial Arbitration: Beyond “Pro-Arbitration” Policies
Riccardo Loschi
Chapter 93 - An Appreciation of George A. Bermann
Richard L. Mattiaccio
Chapter 94 - Indian Arbitration – The Illusion of a ‟Pro-Arbitrationˮ Development
Rishab Gupta And Lakshana R
Chapter 95 - Being “Pro-Arbitration”: An Italian Perspective
Roberto Casati
Chapter 96 - The Arbitration State: From Autonomy to Independence
Rumen Cholakov
Chapter 97 - Pro-Arbitration and “Pro Validitate”: Is it Always The Same? Some Reflections in Light of Swiss and French Law
Sebastien Besson
Chapter 98 - “Aggregate Arbitration” – Or the Question of Whether Issue Preclusion Principles Are “Pro-Arbitration”
Silja Schaffstein
Chapter 99 - “Pro-Arbitration” in an Investor-State Context: Assignment of Investment Treaty Claims
Simón Navarro Gonzalez
Chapter 100 - Selected Pro-Arbitration Features of the Swiss Lex Arbitri
Simon Vorburger
Chapter 102 - Artificial Intelligence Arbitration
Tyler Jankauskas
Chapter 103 - International Commercial Arbitration and Climate Emergency: In Search of “Greener” Times
Valentin Rougier
Chapter 105 - A “Pro-Arbitration” Framework for Choice-of-Law Practices in U.S. Judicial Enforcement of Arbitration Agreements
Yilin Tim Chen
Chapter 106 - Tentative Steps Toward Being Pro-Arbitration: A Turkish Perspective
Yusuf Kumtepe