International arbitration is a fast-moving express train, with new awards and court decisions of significance somewhere in the world rushing past every week. Legislatures, too, constantly tinker with or entirely revamp arbitration statutes in one jurisdiction or another. The international arbitration community has created a number of electronic and other publications that follow these developments regularly, requiring many more hours of reading from lawyers than was the case a few years ago.
Scholarly arbitration literature follows behind, at a more leisurely pace. However, there is a niche to be filled by an analytical review of what has occurred in each of the important arbitration jurisdictions during the past year, capturing recent developments but putting them in the context of the jurisdiction’s legal arbitration structure and selecting the most important matters for comment. This volume, to which leading arbitration practitioners around the world have made valuable contributions, seeks to fill that space.
The arbitration world is consumed with debate over whether relevant distinctions should be drawn between general international commercial arbitration and international investment arbitration, the procedures and subjects of which are similar but not identical. This volume seeks to provide current information on both of these precincts of international arbitration, treating important investor–state dispute developments in each jurisdiction as a separate but closely related topic.
James H Carter is senior counsel in the New York office of Wilmer Cutler Pickering Hale and Dorr LLP where he is active as counsel and as an arbitrator. He is a graduate of Yale College and Yale Law School, attended Cambridge University as a Fulbright Scholar and served as law clerk to the Hon Robert P Anderson of the US Court of Appeals for the Second Circuit. Mr Carter is chair of the board of directors of the New York International Arbitration Center and a former chair of the board of directors of the American Arbitration Association. From 2004 2006, he was president of the American Society of International Law. He is also a former chair of the American Bar Association Section of International Law and Practice, and served as chair of its committee on international commercial arbitration. Mr Carter has chaired both the international affairs council and the committee on international law of the Association of the Bar of the City of New York, as well as the international law committee of the New York State Bar Association. He has served as a member of the London Court of International Arbitration and vice president of its North American council, and is a member of the Court of Arbitration for Sport.
The publisher acknowledges and thanks the following for their learned assistance throughout the preparation of this book: