Symposium: Building the Civilization of Arbitration

PENN STATE LAW REVIEW Press Release:

The Penn State Law Review is proud to announce the upcoming publication of its Symposium:  Building the Civilization of Arbitration.  The Law Review welcomes to its pages a lineup of distinguished arbitration law scholars and practitioners.

The symposium investigates a wide variety of cutting-edge arbitration topics, ranging from recent landmark cases to investment arbitration and including the reform of the Federal Arbitration Act, the concept of private ordering in international commercial arbitration (ICA), empirical developments in consumer arbitration, third-party interests in arbitration, various provocative comparative law developments—the role of courts in national arbitration laws, a lucid evaluation of the Russian Federation’s statist concept of arbitration, an equally insightful comparison of Canadian and United States consumer arbitration, and an evaluation of an important recent book on ICA.

The symposium contains more enriching considerations on ICA, including an assessment of the difficulty of balancing the tension between arbitral autonomy and foreign mandatory public law, the impact of arbitration on the Energy Charter Treaty, and different cultural concepts of the utility of arbitration in commercial dispute resolution.  Since the end of WWII and the fall of the Berlin Wall in 1989, arbitration has supplied global merchants with a transborder adjudicatory process in the face of uncertainty and the unyielding and capricious principle of sovereignty.  In both domestic and international litigation, arbitration is the purveyor of the stability and effectiveness that act as the foundation of the rule of law.  Finally, the Law Review Symposium contains a well-crafted and conceptually invigorating Reporters’ assessment of the projected Restatement, Third, of the U.S. Law of ICA.

It is Penn State Dickinson School of Law’s honor to welcome the authors and their contributions to the school’s effort to promote excellence in legal scholarship.

For more information, visit the Penn State Law Review at http://www.dsl.psu.edu/journals/lawreview/currented.cfm.

Penn State Law Review Symposium

Building the Civilization of Arbitration

1.  Introduction — Thomas Carbonneau (Penn State)

2.  Dedication:  Vratislav Pechota

3.  Enforcing Arbitration Agreements “According to their Terms”: State Arbitration Laws and the FAA —  George Bermann (Columbia)

4.  Private Ordering and International Commercial Arbitration — Christopher Drahozal (Kansas)

5.  Empirical Research on Consumer Arbitration:  What the Data Reveals — Sarah R. Cole (Ohio State) & Kristen M. Blankley (Squire, Sanders and Dempsey L.L.P)

6.  How Congress Can Make a More Equitable Federal Arbitration Act — Richard A. Bales & Sue Irion (No. Ky, Chase Law School)

7.  Personal Autonomy and Vacatur After Hall Street — Richard C. Reuben (Missouri)

8.  The Relevance of the Interests of Third Parties in Arbitration:  Taking a Closer Look at the Elephant in the Room — Stavros Brekoulakis (Queen Mary University of London)

9.  State Interests and Arbitration:  the Russian Model — William Butler (Penn State)

10.  Consumer Arbitration in the Evolving Canadian Landscape — Genevieve Saumier (McGill)

11.  Arbitration, Civilization and Public Policy: Seeking Counterpoise between Arbitral Autonomy and the Public Policy Defense in View of Foreign Mandatory Public Law — Christopher Gibson (Suffolk)

12.  The Civilization of Investment Arbitration — Andrea Bjorklund (UC Davis)

13.  Denial of Benefits and Article 17 of the Energy Charter Treaty — Loukas Mistelis & Crina Mihaela Baltag (Queen Mary University of London)

14.  Agreements to Arbitrate and the Predictability of Procedures — Lawrence Newman (Baker & McKenzie, NYC)

15.  Restating the U.S. Law of International Commercial Arbitration — George A. Bermann, Jack J. Coe, Jr., Christopher R. Drahozal, and Catherine A. Rogers

16.  Judicial Approbation and the Civilization of Arbitration — Thomas Carbonneau (Penn State)

17. Book Review of:  L. Margaret Moses, The Principles and Practice of International Commercial Arbitration (Cambridge Univ. Press 2008) —  Jack J. Coe, Jr. (Pepperdine)

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