International Financial Disputes ─ Arbitration and Mediation

This book provides the only specialist work on the arbitration of international financial disputes. The work covers commercial and investment arbitrations and considers the merits of and relationship between the various types of dispute resolution (mediation, arbitration and litigation).

International arbitration is a growth area and financial disputes have been a consequence of the financial crisis. The need for more specialist knowledge during the conduct of disputes involving complex financial instruments has become particularly apparent in recent years. This book explains the various financial products including debt and equity instruments, currencies, commodities, derivatives and Islamic instruments and provides guidance on how to draft arbitration clauses with these products in mind.

In the part on theories of liability, the issues of applicable law, expropriation, discrimination, fair and equitable treatment, and umbrella clauses are explained. There are separate chapters on remedies and choice of law, in addition to the more procedural aspects of enforcement and expert witness. The interplay between mediation and arbitration is analyzed and explained.

This is a key reference tool for all practicing lawyers and arbitrators advising on disputes where financial products are involved. Drawing together some of the leading names in this specialist field the work provides some of the best and most recent analysis of law and practice relevant to such disputes.

Jeffrey Golden, London School of Economics and Carolyn Lamm, Partner, White & Case LLP

Professor J Golden is a Visiting Professor at London School of Economics, and former partner at Allen & Overy where he specialized in capital markets. Jeff is Chairman of the PRIME Finance Foundation and co-editor of the Capital Markets Law Journal published by OUP.

Carolyn Lamm is a partner at White & Case in Washington, DC where she specializes in international dispute resolution through arbitration, litigation and international trade proceedings. She is Past President of the American Bar Association; a member of the Governing Board of ICCA; on the Panel of ICSID arbitrators; on the ALI Council and ALI Projectson International Arbitration and Foreign Relations and lead counsel in many successful ICSID cases.