International Commercial Arbitration in New York

New York is a leading venue for international commercial arbitration in the United States, home to the headquarters for the International Centre for Dispute Resolution (the international branch of the American Arbitration Association) and many leaders in the international arbitration field. New York also serves as the locus of several prominent arbitration firms' central offices.

With contributions from leading practitioners in the New York arbitration field, International Commercial Arbitration in New York offers a comprehensive treatment of the law and practice relating to this arbitration seat. Its chapters address the legal issues and practicalities of conducting arbitral proceedings in New York, covering topics such as the impact of U.S. litigation practices, the application of New York's law of contracts, drafting of arbitration agreements, selection of arbitrators, jurisdiction of courts and arbitrators, taking of evidence, and principles of damages.

The third edition encompasses eight years of developments in New York and other U.S. international arbitration law, including the Restatement of the U.S. Law of International Commercial and Investor-State Arbitration and several Supreme Court decisions. Every chapter has been updated, and the new edition includes three entirely new chapters covering the role of arbitral institutions in New York, and the important developing subjects of third-party funding of arbitrations and mass arbitrations.

Previous editions have been described as "a wonderful and important book . . . a must for all those seriously engaged in the practice or study of international arbitration in New York and in the United States" (Arbitration International) and "an excellent resource for practitioners anywhere in the world who are or may become involved in an international commercial arbitration seated in New York City" (Global Arbitration Review).

James H. Carter, Independent Arbitrator, ,John Fellas, Independent Arbitrator, Fellas Arbitration

James H. Carter is an independent arbitrator based in New York. He is a graduate of Yale College and Yale Law School, practiced law at Sullivan & Cromwell LLP and WilmerHale LLP, and has served as arbitrator or counsel in 200 international arbitration cases. Mr. Carter has served as Chair of the Board of Directors of the American Arbitration Association, President of the American Society of International Law, and Chair of the American Bar Association Section of International Law. He is a member of the Court of Arbitration for Sport and a former member of the London Court of International Arbitration.


John Fellas is a full-time arbitrator at Fellas Arbitration, an adjunct professor of international commercial arbitration at New York University School of Law, and honorary professor at Durham Law School in the UK. He has over three decades of experience in international dispute resolution, and has acted as counsel and has served an arbitrator all over the world, under all the major arbitration rules and across a range of sectors. He received a BA (Hons.) in law from the University of Durham, and both an LLM and an SJD from Harvard Law School.

Introduction: The New York Arbitration Landscape, James H. Carter and John Fellas1. The Law Applicable to International Arbitration in New York, David M. Lindsey and Yasmine Lahlou2. The Impact of U.S. Litigation, Oliver J. Armas and Thomas N. Pieper3. Drafting Considerations for Clauses Designating New York as the Place of Arbitration, Paul D. Friedland, Damien Nyer, and Coleman Saunders4. The Role of Arbitration Institutions in New York, Frances E. Bivens and Cristina M. Rincon5. The Application of New York Law to Contracts, Mark W. Friedman and William H. Taft V6. Jurisdiction: Courts vs. Arbitrators, George A. Bermann7. Third-Party Funding of International Arbitrations in New York, Mark S. McNeill, Odysseas G. Repousis, Carla J. Neye8. The Selection of Arbitrators, James H. Carter and Margaret T. Artz9. Enforcing International Arbitration Agreements,, John Fellas10. Obtaining Preliminary Relief, Robert H. Smit, Tyler B. Robinson, and Lauren W. Brazier11. Discovery, John L. Gardiner, Lea Haber Kuck, Julie Bédard, and Joseph L. Choe12. Damages in International Arbitration, Hagit Muriel Elul, Rena L. Scott, Sara N. Little, and Anastasiia Sydorenko13. Mass Arbitration, Thomas W. Walsh, Christian Vandergeest, Maylin Meisenheimer14. Arbitration Hearings in New York, Edward G. Kehoe, Jessica Beess und Chrostin, and Daniel Rosenberg15. Challenging and Enforcing International Arbitral Awards in New York, John V. H. Pierce, Santiago Bejarano, and Caroline Pizano16. Enforcing Awards Involving Foreign Sovereigns, Alexander Yanos, Kristen Bromberek, Apoorva Patel