Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration
Center for the Study of Dispute Resolution Symposium
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).
Once upon a time, international commercial arbitration and litigation were considered mutually exclusive means of resolving transnational disputes. However, those days appear to be gone forever. Instead, the existence of an arbitration agreement in a transnational dispute seems to be nothing more than an invitation for lawyers to engage in extensive (and expensive) tactical maneuvering in a variety of venues, both arbitral and judicial.
Some may see creative strategizing as the natural by-product of the significant amounts of money that are often at issue in these sorts of disputes. However, the border skirmishes between international commercial arbitration and litigation can also be attributed to the uncertainty that arises when the substantive and procedural laws of different jurisdictions collide.
Keynote speaker Gary Born joins panelists from Canada, Austria, Switzerland and the United States in a frank and timely discussion of some of the issues that can develop when parties attempt to combine litigation tactics with international commercial arbitration. This group of experts provides a uniquely transnational perspective on some of the most pressing questions facing the legal community today.
This event is offered 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). The University of Missouri School of Law and Center for the Study of Dispute Resolution are also pleased to host a works-in-progress conference in association with this symposium, as well as a student writing competition in cooperation with CIArb.
University of Missouri and the Center for the Study of Dispute Resolution
The University of Missouri’s award-winning program in dispute resolution consistently ranks as one of the best in the nation. The University of Missouri School of Law is the only U.S.-based institution that has received Recognised Course Provider status from CIArb for JD courses offered during the academic year.
The mission of the Center for the Study of Dispute Resolution (CSDR) is to develop and promote:
- Appropriate methods for understanding, managing and resolving domestic and international conflict.
- The use of dispute resolution techniques to enhance informed decisionmaking.
In furtherance of that mission, the CSDR fosters comprehensive approaches to lawyering and decisionmaking and promotes the appropriate use of alternative processes of dispute resolution through engagement in legal and interdisciplinary scholarship; law school teaching and curriculum initiatives; educational services to legal and dispute resolution professionals; law reform related to dispute resolution; and direct dispute resolution services.
Journal of Dispute Resolution
Papers from the 2011 Symposium will be published in the Journal of Dispute Resolution. The Journal was established in 1984 and is recognized as the leading legal publication in the area of alternative dispute resolution. The Journal contains articles written by nationally and internationally prominent authors and students on a wide variety of topics in the field of dispute resolution.
Chartered Institute of Arbitrators and the North American Branch
The Chartered Institute of Arbitrators (CIArb) was founded in London, England in 1915, incorporated in 1924, and granted a Royal Charter from Queen Elizabeth II in 1979. Over the past eighty-seven years, this professional body of international arbitrators has expanded with branches now also located in continental Europe, the Far East, Australia, Africa and North America. CIArb now has over 9,000 members in over eighty countries. The North American Branch was established in 1993, and currently includes members from the United States, Canada, Mexico, Bermuda, and the Caribbean, and offers training courses and competency assessment courses in international commercial (including construction) arbitration in North America from the entry to Fellowship level.
The goal of CIArb’s North American Branch is to promote and facilitate the resolution of disputes by arbitration rather than through the courts. The North American Branch does this by offering training courses in North America in the practice, as an advocate and arbitrator, of international commercial and construction arbitration.
American Bar Association Section of International Law
The mission of the ABA Section of International Law is to be your gateway to global expertise and the international legal community. The Section seeks to provide for members, prospective members and others with whom it interacts:
- Continuing education to enable participants to keep up to date on international issues;
- Networking and business development opportunities;
- A role in promulgating and influencing public policy regarding international law; and
- An accessible, welcoming environment.
American Society of International Law
The mission of the American Society of International Law is to foster the study of international law and to promote the establishment and maintenance of international relations on the basis of law and justice. The Society’s 4,000 members from nearly 100 nations include attorneys, academics, corporate counsel, judges, representatives of governments and nongovernmental organizations, international civil servants, students and others interested in international law. Through its meetings, publications, information services and outreach programs, ASIL advances international law scholarship and education for international law professionals as well as for broader policy-making audiences and the public.
Canadian Bar Association
The Canadian Bar Association is a professional, voluntary organization which was formed in 1896, and incorporated by a Special Act of Parliament on April 15, 1921. Today, the Association represents some 37,000 lawyers, judges, notaries, law teachers, and law students from across Canada. Approximately two-thirds of all practicing lawyers in Canada belong to the CBA.
Transnational Dispute Management
Transnational Dispute Management started publishing in 2004 and has since gained popularity with a large number of (international) companies, governmental organizations, law firms (mainly those with a claim to special competence in arbitration and dispute management), international agencies, academic and think-tank institutions in the field of (international) arbitration and various NGOs. TDM has become the hub of a global professional and academic network, with comprehensive and innovative information on the management of international disputes, with a focus on the rapidly evolving area of investment arbitration, but also in other significant areas of international investment (such as oil, gas, energy, infrastructure, mining, utilities etc).