Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration
Center for the Study of Dispute Resolution, Symposium 2011, October 21, 2011

In cooperation with the Chartered Institute of Arbitrators (CIArb) North American Branch,
the University of Missouri International Center and the University of Missouri Transatlantic Center,
with additional media support from the American Bar Association Section of International Law, the American Society of International Law (ASIL), the Canadian Bar Association (CBA) and Transnational Dispute Management (TDM).

Keynote Speaker

Gary Born

Gary Born
WilmerHale, London, United Kingdom

Gary Born is widely regarded as the world’s preeminent authority on international commercial arbitration and international litigation and has been ranked for the past decade as one of the world’s leading international arbitration practitioners. Mr. Born has participated in more than 550 international arbitrations, including four of the largest ICC arbitrations and several of the most significant ad hoc arbitrations in recent history. He was recently selected by leading international arbitrators and peer practitioners to receive the Global Arbitration Review’s “Advocate of the Year” award for 2010 and was named “World’s Best International Litigator” in a recent survey by Legal Media Group. Not only has Mr. Born represented states and corporate parties in disputes involving public international law disputes, he also represented The Sudan People’s Liberation Movement/Army in the historic Abyei arbitration at the Permanent Court of Arbitration in The Hague; Eritrea in an ad hoc arbitration against Yemen; private parties in controversies under various bilateral investment treaties; and a major foundation in an ad hoc arbitration against a European state raising novel issues of public international law. Mr. Born is greatly in demand as an arbitrator and has served as presiding arbitrator, sole arbitrator or co-arbitrator in more than 90 institutional and ad hoc proceedings.

Mr. Born is a prolific and highly regarded author, having published a number of leading works on international arbitration, international litigation and other forms of dispute resolution. He is the author of International Commercial Arbitration (Kluwer 2009), the leading treatise in the field, which received the American Society of International Law’s Certificate of Merit for High Technical Craftsmanship in 2011 and OGEMID’s Book of the Year award in 2009. Other titles include International Arbitration and Forum Selection Agreements: Drafting and Enforcing (Kluwer 3d ed. 2010), which received OGEMID’s Book of the Year award for 2010, International Arbitration: Cases and Materials (Aspen 2011) and International Commercial Arbitration: Commentary and Materials (Kluwer 2d ed. 2001). Mr. Born is also the author (together with Peter Rutledge) of International Litigation in United States Courts (Aspen 5th ed. 2011), the leading commentary on the subject.

Mr. Born has taught at Harvard Law School, Stanford Law School, St. Gallen University, Georgetown University Law Center, University of Virginia College of Law, University College London and the University of Arizona College of Law. He is a member of the American Law Institute and has served on the Executive Council of the American Society of International Law, the Advisory Committee of the ALI’s Restatement (Third) of the U.S. Law of International Commercial Arbitration, and as co-chair of the ABA International Section, Committee on International Aspects of Litigation.


Speakers


Frédéric Bachand

Frédéric Bachand – The Transnationalisation of International Arbitration and Its Implications for National Courts
Professor of Law
McGill University Faculty of Law, Montreal, Canada

Frédéric Bachand is an Associate Professor at McGill University’s Faculty of Law, where he teaches arbitration, mediation, international investment law, as well as comparative law courses in civil procedure and evidence. His scholarship focuses on judicial intervention in the international arbitral process as well as the theory of arbitration.




Christopher R. Drahoza

Christopher R. Drahozal – State Law and International Arbitration
John M. Rounds Professor of Law and Associate Dean for Research and Faculty Development
University of Kansas School of Law

Christopher R. Drahozal is the John M. Rounds Professor of Law and Associate Dean for Research and Faculty Development at the University of Kansas School of Law. He is an Associate Reporter for the Restatement (Third) of the U.S. Law on International Commercial Arbitration, and served as the Chair of the Arbitration Task Force of the Searle Civil Justice Institute at Northwestern University School of Law.

Professor Drahozal has written extensively on the law and economics of arbitration. He has authored a casebook on commercial arbitration published by Lexis Publishing (now in its second edition) and a co-edited a book on empirical research on international commercial arbitration published by Kluwer Law International. His articles have appeared in the Journal of Legal Studies, Law and Contemporary Problems, the Vanderbilt Law Review, the Illinois Law Review, and the International Review of Law and Economics, among others. He has made presentations on arbitration law and practice throughout the United States, Canada, and Europe.

Prior to teaching, Professor Drahozal was in private law practice in Washington, D.C., and served as a law clerk for the Iran-U.S. Claims Tribunal, the United States Supreme Court, and the United States Court of Appeals for the Fifth Circuit.


Alejandro Garro

Alejandro Garro – The Taking of Evidence in International Commercial Arbitration :Comparative Perspectives in Search of an International Standard
Professor of Comparative Law, Columbia University School of Law
Senior Research Scholar, Parker School of Foreign and Comparative Law, Columbia University

Professor Garro teaches at Columbia University School of Law, where he is also a Senior Research Scholar at the Parker School of Foreign and Comparative Law. A member of the Columbia Law School Faculty since 1981, Professor Garro teaches in the fields of Comparative Law, International Business Transactions and Latin American Legal Systems. His principal areas of teaching and research at present are international commercial contracts, and transnational arbitration and litigation.

Professor Garro is the author or editor of books on international commercial arbitration, international sales, and secured transactions, as well as scores of scholarly articles and contributions to edited volumes. He is a graduate from the National University of La Plata School of Law (Argentina), subsequently graduating with an LLM from Louisiana State University and a doctoral degree in law (JSD) from Columbia University. He is admitted to practice in Buenos Aires, Madrid, and New York. Professor Garro is an expert to the delegation of the Argentine Government of Argentina before the United Nations Commission on International Trade Law (UNCITRAL) and before the OAS Conference on Private International Law (CIDIP). He also represents the American Association of Private International Law (ASADIP) before the Hague Conference on Private International Law and the New York City Bar Association before the International Institute for the Unification of Private Law (UNIDROIT).


Louise Reilly

Louise Reilly – Role of National Courts in International Sports Disputes: Help or Hindrance?
Legal Counsel
Court of Arbitration for Sport, Lausanne, Switzerland

Louise Reilly is legal counsel to the Court of Arbitration for Sport (CAS) in Lausanne, Switzerland, and acted as legal counsel to the CAS ad hoc Division during the 2010 Commonwealth Games in Delhi, India. An Irish barrister, she previously worked as deputy counsel to the International Court of Arbitration of the International Chamber of Commerce in Paris, France; practiced with the international arbitration department of a U.S. law firm; and interned with the US Federal District Court in Los Angeles, California. Ms. Reilly regularly speaks on CAS procedure and arbitration-related topics and is a visiting lecturer for LLM programs in Spain and Switzerland.


Marianne Roth

Marianne Roth – Interim Measures in International Commercial Arbitration
Professor of Law and Chair of the Academic Senate
University of Salzburg, Austria

Marianne Rothis Professor of Law and Chairperson of the academic senate at Salzburg University in Austria. She also practices as an arbitrator under institutional and ad hoc rules, and has worked as a legal advisor and visiting professor for various institutions around the world (e.g., Thai Ministry of Justice, Cabinet of Ministers – Ukraine, Institute of Public Administration Kiev, McGeorge School of Law – Sacramento, University of Puerto Rico). Professor Roth held chairs at Humboldt University in Berlin and Christian Albrechts University in Kiel, Germany. She completed her doctor’s degree and habilitation at Kepler University in Linz, Austria, and holds an LLM from Harvard Law School. For her numerous writings, Professor Roth received several academic awards (e.g. the Albert S. Pergam Prize of the New York State Bar Association).


Peter B. Rutledge

Peter B. Rutledge – Convergence and Divergence in International Dispute Resolution
Professor of Law
University of Georgia School of Law

Peter “Bo” Rutledge is a Professor of Law at the University of Georgia School of Law. His research and teaching interests focus on international dispute resolution, both litigation and arbitration. He is author of Arbitration and the Constitution (Cambridge 2011) and co-author (with Gary Born) of International Civil Litigation in the United States (5th ed. Aspen 2011). He has published articles in journals such as the University of Chicago Law Review, the Vanderbilt Law Review, the George Mason Law Review and the Journal of International Arbitration.


S.I. Strong

S.I. Strong – Convenor
Associate Professor of Law, University of Missouri School of Law
Senior Fellow, Center for the Study of Dispute Resolution

S.I. Strong is Associate Professor of Law at the University of Missouri, having previously taught law at the University of Cambridge and the University of Oxford in the United Kingdom. Professor Strong’s research lies in the areas of international dispute resolution (including both litigation and arbitration) and comparative law, with a special emphasis on multiparty arbitration. She is the author of several books, including Research and Practice in International Commercial Arbitration (Oxford University Press, 2009) and Class Arbitration and Collective Arbitration: Mass Claims in the National and International Sphere (Oxford University Press, forthcoming 2012), as well as numerous articles.

In addition to her work as a legal academic, Professor Strong has extensive experience as a practicing lawyer qualified in New York and Illinois and as a solicitor in England and Wales. During her years in New York, London and Chicago, Professor Strong handled complex commercial disputes involving both private parties and state and other public entities in both court and arbitration. Professor Strong currently serves as an arbitrator and mediator in both ad hoc and institutional proceedings, and is on the national and international rosters of various arbitral organizations, including the AAA Commercial Panel and the Financial Industry Regulatory Authority (FINRA).

CIArb North American Branch
ABA Section of International Law American Society of International Law Canadian Bar Assocation Transnational Dispute Management