International Financial Disputes: Arbitration and Mediation

ISBN : 9780199687862

Jeffrey Golden; Carolyn Lamm
592 ページ
187 x 248 mm

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 analysed and explained. This is a key reference tool for all practising 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.


1. The Modern Role of Arbitration in Banking and Finance
2. Arbitral Institutions
3. Alternative Dispute Resolution
4. Overview of Derivative Financial Products
6. Arbitration Clauses for International Financial Disputes
7. The Applicable Law in International Financial Disputes
8. Theories of Liability and Responsibility
9. Practical Issues Specific to Arbitrations Concerning Financial Products
10. The Particular Role of Experts in Arbitrating Financial Disputes
11. Evidentiary Standards in Financial Arbitration
12. Remedies-Interim Measures
13. Remedies-Injunctive Relief
14. Remedies-Damages
15. Enforcement


Jeffrey Golden is a member of chambers at 3 Hare Court, a Governor and Honorary Fellow at the London School of Economics, where he has also been a Visiting Professor in the Law Department, and a former partner at Allen & Overy LLP, where he was founding partner of the firms US law practice and specialised in capital markets. Jeff is Chairman of the PRIME Finance Foundation, a member of the Foundations Panel of Recognised International Market Experts in Finance 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 specialises 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.