Publications - International Arbitration Institute

Publications of the Institute

The IA Institute published the notable “Young Scholars in International Arbitration: A Collection of Essays Prepared for the ICCA 2014 Congress” in Miami, comprising a number of Miami Law student-authored papers on international arbitration topics. The essay collection was shared with attendees of the International Council for Commercial Arbitration (ICCA) Congress held in Miami in 2014, which brought to Miami over 1,000 international arbitration practitioners from all around the world. For the most part, students first worked on their paper topics in the “Advanced Arbitration Seminar” course, which was taught by Professor Jan Paulsson (Professor of Law & Michael Klein Distinguished Scholar Chair Emeritus; former Faculty Chair, International Arbitration Institute and LL.M.) every Spring semester as part of Miami Law’s IA curriculum.

• The special compendium includes the following student papers:

  • Taduttore Taditore? Does Ordre Public in Article V of the New York Convention Really Mean Public Order?, by L. Andrew S. Riccio (J.D. ’11)
  • Bias in Arbitral Decision-Making: Rescuing the Mentschikoff Archives from a Half Century of Oblivion, by Kristina Klykova
  • The Distinction Between Primary and Secondary Jurisdictions: An Unwelcome Revival of Double Exequatur, by Christa Gardener (IA LL.M. ‘13)
  • ICSID Annulment Standards: Who Has Finally Won the Reisman v. Broches Debate from Two Decades Ago?, by Nikolas Tsolakidis (IA LL.M. ’13)
  • Pre-Conditions to Arbitration: Continued Flexibility for Tribunals, by Eric van Eyken (IA LL.M. ‘14)
  • The Principle of Iura Novit Curia, by Alexander Cica (IA LL.M. ‘13)
  • The Expanding Duty of Institutions to Safeguard Impartiality, by Azusa Saito (IA LL.M. ‘13)
  • The Effects of the Reformed Amparo Action on Arbitration in Mexico, by Santiago Aguilar Garibay (IA LL.M. ’13)
  • Continued Hesitations Regarding “Manifest Disregard of the Law” as a Basis for Setting Aside Awards, by Jonas Cullemark (J.D. ’13)

The IA Institute also has supported research, scholarship and publications by Miami Law students in law reviews, online blogs, and at conferences.

Student Publications through Miami Law’s Inter-American Law Review platform

Through the seminar IA course on "Advanced Arbitration Topics: Publication" taught by Jonathan C. Hamilton in the Spring Semester of 2020, students published papers through Miami Law's Inter-American Law Review platform. Students also presented their papers at the Latin Lawyer - Global Arbitration Review (GAR) Live 4th Annual Miami Arbitration Summit.

• The papers focused on the "Evolution of Arbitration in Latin America."

  • Energy Disputes and Corruption: The Challenges for Brazilian Regional Arbitral Institutions, by Christiane Freire de Paula Reis (IA J.D./LL.M. ’20)
  • Public Good or Private Commodity: Arbitration and the Privatization of Public Services in Latin America, by Natalia Jaramillo (IA J.D./LL.M. ’20)
  • Protecting Investment Structures in Latin America: The Panama Annulment of an Ecuador Law Award Against Non-Signatories, by Rita Halabi (J.D. ’20)
  • The Road from Commisa: Implications for Public Private Arbitration in Mexico, by John Lechuga (IA LL.M. ’20)
  • Arbitrating Telecommunications Disputes in Latin America: A Strategic Sector in a Complex Region, by Edgar Bustamante (IA LL.M. ’20)
  • Startup B2B Conflicts: Arbitration of Technology Sector Disputes in Latin America, by Thaís Amaral Dourado (IA LL.M. ’20)
  • The Scope of New Brazilian Investment Protections: Intellectual Property and the Limits of an Alternative Approach, by Ana Sarmento (IA LL.M. ’20)

Under the guidance of, and with coordination from, the IA Institute, students of the IA LL.M. published articles focused on international arbitration in the United States Court of Appeals for the Eleventh Circuit in the University of Miami Law Review, Special 11th Circuit Edition, in 2020. The articles were co-authored by international arbitration practitioners based in Miami, including members of Miami Law’s IA Adjunct Faculty and Miami Law alumni. The idea of this special edition publication was first conceived by IA Adjunct Professor John H. Rooney, Jr., and students first worked on their paper topics in his “International Commercial Arbitration Seminar.”

• The special segment on “Arbitration in the Eleventh Circuit” included:

  • Preface: International Commercial Arbitration in the United States Court of Appeals for the Eleventh Circuit, by John H. Rooney Jr. (Miami Law IA and J.D. Adjunct Professor) and Sandra Friedrich (Lecturer in Law & Director of Miami Law’s IA Institute and LL.M.)
  • Interpretation of Article V of the New York Convention in the Eleventh Circuit: Industrial Risk Insurers, by Juan C. Garcia (Counsel, Hogan Lovells, Miami) and Ivan Bracho Gonzalez (IA J.D./LL.M. ’19)
  • A Cure for Every Ill? Remedies for ‘Pathological’ Arbitration Clauses, by Harout J. Samra (J.D. ’09; Of Counsel, DLA Piper) and Ramya Ramachandran (IA J.D./LL.M. ’18)
  • Which Law Is Supreme? The Interplay Between the New York Convention and The McCarran-Ferguson Act, by Brian A. Briz (Partner, Holland & Knight, Miami) and César Mejía-Dueñas (IA J.D./LL.M. ’19)

In September 2019, eleven (11) students in Miami Law's IA LL.M. program, under the Supervision of Sandra Friedrich (Lecturer in Law & Director of Miami Law's IA Institute and LL.M. Program), assisted the Miami International Arbitration Society (MIAS) in researching and drafting an amicus curiae brief to the U.S. Supreme Court in the matter of GE Energy Power Conversion France SAS v. Outokumpu Stainless, LLC. The U.S. Supreme Court issued its decision on the matter, siding with the position stated in the MIAS amicus brief, and reversed the U.S. Court of Appeals for the Eleventh Circuit.

Student Presentation at Construction Arbitration Conference in Jamaica

On January 15, 2019, Alan Li (IA LL.M. '19) from China, then a student in Miami Law's IA LL.M. program, was invited to speak at the Conference on "Construction & Dispute Management: A Perspective from Within China" organized by the Jamaica International Arbitration Center (JIAC) in Kingston, Jamaica. In his presentation, Li discussed the growing importance of Chinese-Caribbean investment and trade relations and the resulting dispute resolution. Li was recommended as a presenter to JIAC by Miami Law's IA Adjunct Professor John H. Rooney, Jr.

Student Participation in Mock International Arbitration Case Panel at International Chamber of Commerce (ICC) Conference in Costa Rica

In 2016, two Miami Law international arbitration students – Michael Lorigas (IA J.D./LL.M. ’17) and Brian Vaca (IA J.D./LL.M. ’16) – participated in a mock international arbitration case panel, together with IA LL.M. Director Sandra Friedrich (Lecturer in Law & Director of Miami Law’s IA Institute and LL.M.), Miami Law IA Adjunct Faculty members John H. Rooney, Jr. (Miami Law IA and JD Adjunct Professor), Luis O’Naghten (Partner, Hughes Hubbard & Reed; Miami Law IA and J.D. Adjunct Professor) and José Astigarraga (Partner and Global Head of International Arbitration Practice, Reed Smith; now Miami Law IA Adjunct Professor). The panel highlighted distinctive features of the ICC arbitral process and provided valuable insights for the audience on the differences between international arbitration proceedings under the ICC Rules, and civil law and U.S.-style litigation respectively, including a case management conference and the cross-examination of witnesses.

Student Publication in the Journal of International Arbitration

Soia Mentschikoff, Miami Law’s legendary dean from 1974-82, was a pioneer in the study of the arbitral process in the 1950s and 1960s. Mentschikoff gathered 180 arbitrators from four occupational groups (lawyers, manufacturers, bankers and brokers) and asked them to decide a hypothetical case designed so that both parties were partially right and partially wrong. Miami Law students – as graduate research assistants of the IA Institute – reviewed and analyzed the raw research results of Mentschikoff’s experiment on arbitral decision-making, and suggested a possible framework for future research projects on unconscious bias. At least one student publication in a major international arbitration journal has resulted from this project so far: Bias in Arbitral Decision-Making: Rescuing the Mentschikoff Archives from a Half Century of Oblivion, Journal of International Arbitration (J. Int'l Arb.), Volume 31, Issue 2 (2014), pp. 289-315, by Kristina Klykova (IA LL.M. ‘13; J.D. ’17) (previously published in the IA Institute publication “Young Scholars in International Arbitration: A Collection of Essays Prepared for the ICCA 2014 Congress").

Publications & Scholarship by Faculty in IA Institute Leadership

Publications on various topics related to international arbitration

Most recently, in 2020, the International Council for Commercial Arbitration (ICCA) released a Report of the Cross-Institutional Task Force on Gender Diversity in Arbitral Appointments and Proceedings. Carolyn Lamm (Miami Law J.D. '73; University of Miami Board of Trustee member (2020-present); Partner & Chair, International Disputes-Americas, White & Case, Washington, D.C.; Distinguished Faculty Chair, White & Case International Arbitration LL.M. Program), who serves on the ICCA Diversity & Inclusiveness Committee, served as the Task Force's Chair. This report publishes recent statistics on the appointment of female arbitrators and outlines opportunities and best practices to promote gender diversity in international Dispute Resolution. Report findings were presented through a webinar initiative, jointly organized by ICCA and the World Bank's International Centre for Settlement of Investment Disputes (ICSID) in Fall 2020, with interventions from Carolyn Lamm and Meg Kinnear (Secretary-General, ICSID; Adjunct Faculty, White & Case International Arbitration LL.M. Program).

Co-authored articles with Miami Law students or recent graduates

Miami Law IA Faculty members in IA Institute leadership positions also co-authored/published some articles with Miami Law students or recent graduates. Notable examples include:

• The New York Convention's 60th Anniversary: A Restatement for the New York Convention?, in 60 Years of the New York Convention: Key Issues and Future Challenges 269 (Katia Fach Gomez & Ana Mercedes Lopez Rodriguez, eds., 2019) (Marike Paulsson, with Supritha Suresh, IA LL.M. ’18)
• Enforcement of Convention Awards on the Rise in China – With a Double-Layered Default System of Checks and Balances, 18 Asian Disp. Rev. 30 (2016) (Marike Paulsson with Kevin Wu & Rachel Wu (foreign-exchange students at Miami Law).
• Mass Claims in Investment Arbitration: Jurisdiction and Admissibility, in Class & Group Actions Arb. 114 (Bernard Hanotiau & Eric A. Schwartz, eds. 2016) (Carolyn Lamm with Eckhard R. Hellbeck & Onur Saka (IA LL.M. ’13)
• International Arbitration in a Globalized World, 20 Disp. Resol. 4 (2014) (Carolyn Lamm with Echhard R. Hellbeck & Nikolaos Tsolakidis (IA LL.M. ’13) 

• Jan Paulsson (Professor of Law & Michael Klein Distinguished Scholar Chair Emeritus; inaugural Faculty Chair of Miami Law’s IA Institute and LL.M.)

  • Model'ozhidayemoy pribyli [The Expectation Model], 2019 Int'l Com. Arb. Rev. 56 (2019).
  • International Law as a Counterweight to Power Asymmetries in International Politics, 113 Am. Soc'y Int'l L. Proc. 75 (2019) (with Michael Byers, Victoria Hallum, Danielle Yeow Ping Lin, & Brian Egan).
  • The Role of Precedent in Investment Arbitration, in Arbitration Under International Investment Agreements, 2nd ed. (Katia Yannaca-Small, ed. 2018).
  • UNCITRAL Arbitration (Kluwer Law International 2017) (with Georgios Petrochilos).
  • Jurisdiction in International Arbitration, in Elgar Encyclopedia of International Economic Law 316 (Thomas Cottier & Krista Nadakavukaren Schefer, eds. 2017).
  • The Alabama Claims Arbitration: Statecraft and Stagecraft, in Arbitrating for Peace: How Arbitration Made a Difference 7 (Ulf Franke, Annette Magnusson & Joel Dahlquist, eds. 2016).
  • Forward, in The CAM-CCBC Arbitration Rules 2012: A Commentary xi (Federico Jose Straube, et al., eds. 2016).
  • Qui Custodiet Custodes? A Hard Look at International Arbitral Institutions, Jotwell (July 31, 2017) (reviewing Rémy Gerbay, The Functions of Arbitral Institutions (2016)).
  • The Tipping Point, in Building International Investment Law: The First 50 Years of ICSID 85 (Meg Kinnear, et al., eds. 2015).
  • Assessing the Usefulness and Legitimacy of CAS, 13 SchiedsVZ [German Arb. J.] 263 (2015).
  • The Idea of Arbitration (Oxford University Press 2014).
  • Metaphors, Maxims, and Other Mischief – The Freshfields Arbitration Lecture, 30 Arb. Int'l 615 (2014).
  • Arbitragem Internacional Não é Arbitragem, XI Revista Brasileira de Arbitragem 206 (2014).
  • Why Good Arbitration Cannot Compensate for Bad Courts – Freshfields Hong Kong University Arbitration Lecture, 30 J. Int'l Arb. 345 (2013).
  • The Public Interest in International Arbitration, 106 Am. Soc'y Int'l L. Proc. 300 (2012).
  • The Freshfields Guide to Arbitration Clauses in International Contracts (Kluwer Law International 2011) (with Nigel Rowding & Lucy Reed).
  • Arbitrage International: la Construction de sa Légitimité (2011) (with Elie Kleiman).
  • Thinking Simply About Public Policy, in Liber Amicorum: Mélanges en l'honneur de Serge Lazareff (Yves Derains & Laurent Levy, eds. 2011).
  • Labor Rights and Environmental Protection under NAFTA and Other U.S. Free Trade Agreements, 42 U. Mia Inter-Am. L. Rev. 297 (2011) (with David A. Gantz, C. Ryan Reetz & Guillermo Aguilar-Alvarez).
  • Arbitration in Three Dimensions, 60 Int’l & Comp. L. Q. 291 (2011).
  • Cultural Differences in Advocacy in International Arbitration, 8 (1) Transnat'l Disp. Mgmt. art. 5 (Feb. 2011).
  • Guide To ICSID Arbitration, 2nd ed. (Kluwer Law International 2010) (with Nigel Blackaby & Lucy Reed).
  • The Power of States to Make Meaningful Promises to Foreigners, 1 J. Int'l Disp. Settlement 341 (2010).
  • Scholarship as Law, in Looking to the Future: Essays on International Law in Honor of W. Michael Reisman 183 (Mahnoush H. Arsanjani, et al., eds. 2011).
  • The Role of Precedent in Investment Arbitration, in Arbitration Under International Investment Agreements 699 (Katia Yannaca-Small, ed. 2010).
  • Cultural Differences in Advocacy in International Arbitration, in The Art of Advocacy in International Arbitration, 2nd ed. 15 (R. Doak Bishop & Edward G. Kehoe, eds. 2010).
  • Moral Hazard in International Dispute Resolution, 25 ICSID Rev. 339 (2010).
  • Arbitration in Three Dimensions, 7 (1) Transnat'l Disp. Mgmt. art. 10 (Apr. 2010).
  • The Myth of Culture Clash in International Commercial Arbitration, 5 FIU L. Rev. 1 (2009) (with John M. Barkett).
  • El Poder de los Estados para Hacer Promesas Significativas a los Extranjeros, 6 (1) Transnat'l Disp. Mgmt. art. 3 (Mar. 2009).
  • International Arbitration is Not Arbitration, 6 (1) Transnat'l Disp. Mgmt. art. 2 (Mar. 2009).
  • Jurisdiction and Admissibility, 6 (1) Transnat'l Disp. Mgmt. art. 1 (Mar. 2009).
  • Unlawful Laws and the Authority of International Tribunals, 23 ICSID Rev. 215 (2008).

• Marike Paulsson (Lecturer in Law & inaugural Director of Miami Law’s IA Institute)

  • The New York Convention's 60th Anniversary: A Restatement for the New York Convention?, in 60 Years of the New York Convention: Key Issues and Future Challenges 269 (Katia Fach Gomez & Ana Mercedes Lopez Rodriguez, eds., 2019) (with Supritha Suresh).
  • Conflict Resolution in a Changing World Order, 10 Trade L. & Dev. 1 (2018).
  • The 1958 New York Convention from an Unusual Perspective: Moving Forward by Parting with It, V (2) Indian J. Arb. L. 23 (2016).
  • Enforcement of Convention Awards on the Rise in China – With a Double-Layered Default System of Checks and Balances, 18 Asian Disp. Rev. 30 (2016) (with Kevin Wu & Rachel Wu).
  • The New York Convention in Action (Kluwer Law International 2016).
  • The Art of Persuasion and the Harmonization of Cultures through International Arbitration, 4 Euro. Int'l Arb. Rev. 43 (2015) (with Neeti Sachdeva & Aysha Abdullah Mutaywea).
  • The 1958 New York Convention Article II: Fit for Modern International Trade?, 2 BCDR Int'l Arb. Rev. 117 (2015).
  • The New York Convention: Can We Finally Move Forward From 1958 to 1953?, 1 Euro. Int'l Arb. Rev. 1 (2012).

• Carolyn Lamm (IA Adjunct Faculty; Distinguished Faculty Chair of Miami Law’s IA LL.M.)

  • Recent Developments in Third-Party Funding in Investor-State Arbitration, 5 BCDR Int'l Arb. Rev. 161 (2018) (with Eckhard R. Hellbeck).
  • The Continuing Evolution of Investor-State Arbitration as a Dynamic and Resilient Form of Dispute Settlement, V (2) Indian J. Arb. L. 93 (2016) (with Karthik Nagarajan).
  • Mass Claims in Investment Arbitration: Jurisdiction and Admissibility, in Class & Group Actions Arb. 114 (Bernard Hanotiau & Eric A. Schwartz, eds. 2016) (with Eckhard R. Hellbeck & Onur Saka).
  • The Consequences of Corruption in Investor-State Arbitration, in Building International Investment Law: The First 50 Years of ICSID 433 (Meg Kinnear, et al., eds. 2015) (with Andrea Menaker).
  • The Two Annulment Decisions in Amco Asia and ‘Non-Application’ of Applicable Law by ICSID Tribunals, in Practising Virtue: Inside International Arbitration 689 (David D. Caron, et al., eds. 2015) (with Eckhard R. Hellbeck & David P. Riesenberg).
  • An Arbitrator’s Duties: Due Process and Trust in Investor-State Arbitration, 2 BCDR Int'l Arb. Rev. 357 (2015) (with Eckhard R. Hellbeck & David P. Riesenberg).
  • Pleading and Proof of Fraud and Comparable Forms of Abuse in Treaty Arbitration, in Legitimacy: Myths, Realities, Challenges 557 (Albert Jan Van den Berg, ed. 2015) (with Eckhard R. Hellbeck & M. Imad Khan).
  • Enforcement of Awards, in Litigating International Investment Disputes: A Practitioner’s Guide 462 (Chiara Giorgetti, ed. 2014). (with Eckhard R. Hellbeck).
  • From World Duty Free to Metal-Tech: A Review of International Investment Treaty Arbitration Cases Involving Allegations of Corruption, 29 ICSID Rev. 328 (2014) (with Brody K. Greenwald & Kristen M. Young).
  • International Arbitration in a Globalized World, 20 Disp. Resol. 4 (2014) (Eckhard R. Hellbeck & Nikolaos Tsolakidis).

• Sandra Friedrich (Lecturer in Law & Director of Miami Law’s IA LL.M. and IA Institute)

  • International Commercial Arbitration Practice in the United States, in International Commercial Arbitration Practice: 21st Century Perspectives (LexisNexis 2021) (with  Richard L. Williamson, John H. Rooney, Jr., and Judith A. Freedberg) (updated and expanded annually since 2017).
  • Witnesses, Subpoenas, Documents and the Relationship between the FAA and State Law, in International Commercial Arbitration in the United States (Kluwer Law International, 2017) (with Claudia T. Salomon).
  • Sandra Friedrich Explains the Panama Canal Dispute, University of Miami School of Law Source Alert, July 2016.
  • Investment Arbitration in East Asia & Pacific - A Statistical Analysis of Bilateral Investment Treaties, Other International Investment Agreements and Investment Arbitrations in the Region, 16 Journal of World Investment & Trade (J. World Inv. & Trade) 793-835 (2015) (with Claudia T. Salomon).