Highlighted Publications

Articles

• “A Fair and Efficient International Arbitration Process,” (in Chinese, translated by Cui Qi-fan) in Vol.8, No. 2 Journal of Huzhou Vocational and Technological College 30 (2010)
• “A Commentary on the International Centre for Dispute Resolution International Arbitration Rules,” Concise International Arbitration (Loukas A. Mistellis, Ed. 2010)
• “A Fair and Efficient International Arbitration Process,” in Handbook on International Arbitration Practice (American Arbitration Association 2010)
• “Negligence in The Air: International Greenhouse Emissions Litigation,” New York Law Journal (January 21, 2010)
• “Feasibility of Class Arbitration,” in Contemporary Issues In International Arbitration and Mediation (Arthur W. Rovine, Ed. 2009)
• “Using U.S. Courts In Aid of Arbitration Proceedings in Other Countries,” International Arbitration Law Review (Vol. 11, No.1, 2008)
• “Using Section 1782 In International Arbitration,” Mealey’s International Arbitration Report (February 2007)
• “The Enjoining of Brazilian Lawsuits by U.S. Courts,” Revista de Arbitragęm e Mediação (April 2006)
• “Anti-Suit Injunctions in Aid of Arbitration,” Mealey’s International Arbitration Report (April 2005)
• “The Supreme Court Rules Section on 1782,” New York Law Journal (August 18, 2004)
• “Strategy in International Litigation,” International Quarterly (Vol. 16, No. 3, July 2004)
• “A New Standard for International Anti-Suit Injunctions,” New York Law Journal (May 13, 2004)
• “A Fair and Efficient International Arbitration Process,” Dispute Resolution Journal (Vol. 59, No. 1, February – April, 2004)
• “The Scope of Judicial Review of Arbitral Awards,” New York Law Journal (November 7, 2003)
• “Procedures for Gathering Evidence In The United States for Use In Korean Litigation,” Korean Bar Association Journal for Human Rights and Justice (April 2003) (in Korean) (with Haksoo Ko)
• “Lessons on Enforcing Foreign Judgments in the United States,” New York Law Journal (September 27, 2002)
• “Obtaining Evidence Abroad for Use in U.S. Litigation,” New York Law Journal (August 22, 2002) (with Barry Donnelly)
• “Weighing the Plaintiff’s Right to Choice of Forum,” New York Law Journal (April 12, 2002)
• “Obtaining Evidence Abroad For Use In International Litigation: Evidence Located in The United States,” International Business Lawyer (July/August 2001)
• “Discovery Of Evidence Located In The United States For Use In Non-U.S. Patent Litigation,” New York Law Journal (September 27, 1999)
• “Laches As A Defence To Trademark and Trade Dress Infringement In The United States,” European Intellectual Property Review (Vol. 21, Issue 8, August 1999)
• “The Patentability of Software-Related Inventions In The United States: State Street Bank and Trust Co. v. Signature Financial Group,” European Intellectual Property Review (Vol. 21, Issue 6, June 1999)
• “Circuit Rules Foreign Discovery Law Inapplicable In Arbitration Proceedings,” New York Law Journal (March 15, 1999)
• “Tiering of Ownership Interests Under The Foreign Sovereign Immunities Act,” New York Law Journal (April 8, 1997)
• “Service of Process Under The Foreign Sovereign Immunities Act,” New York Law Journal (December 23, 1996)
• “Do Electronic Links Support Personal Jurisdiction?” New York Law Journal, Law and the Internet Supplement (September 30, 1996)
• “The Extraterritorial Reach of US Law,” International Commercial Litigation (September, 1996)
• “Trading with the US—Forum and Choice of Law Clauses,” New Zealand Law Journal (August, 1996)
• “Assertion of Jurisdiction,” New Law Journal (July 5, 1996)
• “Recognition and Enforcement of Foreign Judgments,” International Commercial Litigation (March, 1996)
• “Give Me Your Documents,” New Law Journal (January 12, 1996)
• “Discovery For Foreign Litigants,” International Commercial Litigation (September, 1995)

Book

• Co-Editor, “International Commercial Arbitration in New York” (Oxford University Press 2010)
• Editor, “Transatlantic Commercial Litigation and Arbitration” (Oceana 2004)

Lectures

• “International Litigation,” in New Orleans on September 23, 2010, at Federal Bar Association Annual Convention, sponsored by the Federal Bar Association.
• “Using New York Courts In Aid of Your Arbitration Proceeding Outside of the United States,” at seminar Hot Topics in International Arbitration 2010 in London on September 20, 2010, sponsored by SJ Berwin.
• “Commencing an International Commercial Arbitration,” at workshop Commencing an International Commercial Arbitration: Fundamentals and Strategy in Dallas on June 17, 2010, sponsored by the Institute of Transnational Arbitration.
• “A Debate on Stolt-Nielsen, Class Arbitration and International Parties,” in New York City, on April 15, 2010, sponsored by American Bar Association.
• “Arbitral Procedure: Back To Basics,” in Arbitration and Crisis -- the IX CBAr International Arbitration Congress, in Belo Horizonte, Brazil, on October 20, 2009, sponsored by CBAr - Comitê Brasileiro de Arbitragem and CAMARB.
• “Canada and the United States: A Comparison of Trends in Arbitration Practice North and South of the 49th,” in Managing International Risk in Commercial and Treaty Arbitration, in Toronto, on October 16, 2009, sponsored by the ICC.
• “Terms of Reference and its Importance in Drafting ICC Arbitral Awards,” in ICC Arbitral Awards: Defining Features, in New York, on September 14, 2009, sponsored by the ICC.
• “The Enforcement of Arbitral Awards,” in Specialised Arbitration and Advocacy Skills in The International Minerals and Hydrocarbons Extraction Industries, in London, on September 9, 2009, sponsored by the University of Dundee, Centre for Energy, Petroleum and Mineral Law and Policy
• “Parallel Litigation,” in Transnational Litigation and Arbitration, in New York, on April 18, 2009, sponsored by the Journal on Private International Law.
• Keynote Address, The First Annual Penn Law International Arbitration, in Philadelphia, on October 15, 2008, sponsored by the University of Pennsylvania Law School.
• Speaker, A debate covering litigation funding and access to justice, in London, on September 24, 2008, sponsored by The Commercial Litigators Forum.
• “Distortions in Contemporary Arbitration: The Problems of Becoming Popular,” in Rio de Janeiro, on August 20, 2008, sponsored by the 73rd International Law Association Biennial Conference.
• “Class Arbitration,” at the 2008 Fordham Conference on International Arbitration and Mediation, in New York on June 18, 2008, sponsored by Fordham Law School.
• “Establishing the Authority of the Panel,” in London on March 31, 2008, in Managing The Arbitral Process, sponsored by the School of International Arbitration, London and the ICC.
• “The Preparatory Conference/Preliminary Meeting,” in Sao Paolo on July 27, 2007, in Arbitrating in Brazil Under the ICDR Rules and Administrative System sponsored by the International Centre for Dispute Resolution and the Comite Brasileiro de Arbitragem.
• “The Arbitrator As Provider of Services,” in Stockholm on May 11, 2007 in Arbitrators: Private Judges, Service Providers or Both, sponsored by Stockholm University, Department of Law.
• “Anti-Suit Injunctions: Can They Imperil The Development of International Arbitration?” in Miami on January 7, 2007, in Dealing With Challenges In International Arbitration: A Comparative Approach, sponsored by the University of Miami School of Law, International and Comparative Law Review.
• “Transnational Litigation in U. S. Courts, The Fundamentals,” in Washington D.C.,on November 14, 2006, on International Law and Litigation for U.S. Judges, sponsored by the Federal Judicial Center and the American Society for International Law.
• “Comparative Judicial Practice,” in Washington, D.C., on November 14, 2006, in International Law and Litigation for U.S. Judges, sponsored by the Federal Judicial Center and the American Society for International law.
• “The Use of Experts in International Arbitration,” in New York on October 11, 2006, in the International Arbitrator’s Deliberations and Determinations: The Common Law/Civil Law Gap: The Issues and How International Arbitration May Resolve Them, sponsored by the International Centre for Dispute Resolution.
• “Nomination of Arbitrators: Required Disclosures and Potential Challenges,” in Philadelphia on April 6, 2006, in International Arbitration – The Dispute Resolution Alternative of Today’s Global Economy, sponsored by University of Pennsylvania Law School Journal of International Law and Policy.
• “Drafting International Arbitration Clauses,” in New York on January 26, 2006, in The Globalization of ADR: What Every New York Neutral and Advocate Needs To Know, sponsored by the New York State Bar Association, Committee on Alternative Dispute Resolution.
• “Enhancing Predictability Through Knowledge and Your Arbitration Clause,” in New York on November 17, 2005, in International Commercial Arbitration in Latin America, sponsored by the American Arbitration Association.
• “From The Terms of Reference to the Enforcement of the Award,” in Miami on November 6, 2005, in the conference International Commercial Arbitration in Latin America: The ICC Perspective, sponsored by the ICC International Court of Arbitration.
• “How to Handle a Construction Case under the International Arbitration Rules of the AAA,” in Washington, D.C. on September 14, 2005, in the Second Annual Seminar on International Commercial Arbitration, sponsored by the International Arbitration Program, American University College of Law.
• “The Art of Arbitrating,” in Dallas on June 16, 2005, at workshop The Art of Arbitrating: Mock Arbitration Proceedings and Commentary, sponsored by the Institute of Transnational Arbitration.
• “Enhancing Your Practice: New Trends and Developments,” in Charlottesville, Virginia, on June 7, 2005, at conference, Maximizing the Benefits of the ICC System, sponsored by the ICC International Court of Arbitration.
• “Ethics Rules Applied in Arbitration,” in New York City on January 24, 2005, at conference, Is Commercial Arbitration The New Litigation? Working In The Changing World of Arbitration, sponsored by the Association of the Bar of the City of New York.
• “Recent Developments in International Arbitration,” in New York on April 14, 2004, at conference, Beyond Globalization: Issues and Opportunities, sponsored by American Bar Association Section of International Law and Practice, Spring Meeting.
• “Drafting Arbitration Clauses,” in New York City on March 16, 2004, at conference, International Business Litigation and Arbitration, sponsored by Practising Law Institute.
• “The Arbitration Proceedings: Potential Problems to Avoid,” in New York on March 12, 2004, at conference, International Commercial Arbitration in Latin America, sponsored by International Centre for Dispute Resolution.
• “Resolving International Business Disputes,” in Barcelona on June 3, 2003, at conference, Transatlantic Business Transactions: Choice of Law, Jurisdiction and Judgments, sponsored by Joint Association of American Law Schools and European Law Faculties Association, held at the University of Barcelona.
• “Service of Process and Obtaining Evidence in International Litigation,” in New York on July 26, 2002, for Justices, Commercial Division, New York Supreme Court County of New York.
• “Gathering Evidence and Obtaining/Enforcing Judgments,” in Toronto on April 23, 2002, at conference, Business Litigation From A Cross-Border Perspective, sponsored by Ontario Bar Association (Association du Barreau de L’Ontario).
• “Strategies in International Litigation,” in New York on November 13, 2001, at conference, Recent Developments In International Litigation, sponsored by the New York State Bar Association and New York University.
• “Requests Between Civil Law and Common Law Countries,” in Dublin, on May 23-25, 2001, at conference, Obtaining Evidence Abroad For Use In International Litigation, sponsored by the International Bar Association.
• “Procedure and Strategy in International Litigation,” in Washington, D.C. on April 4, 2000, at conference, International Litigation and Arbitration: New Developments and Strategies, sponsored by American Society of International Law.
• “Proposed Hague Jurisdiction and Judgments Convention,” in New York City on November 5, 1999, at conference, International Law in 2000: A Bridge Between the 20th & 21st Centuries, sponsored by Association of the Bar of the City of New York.
• Chair and Lecturer, Practising Law Institute, Program on “International Business Litigation and Arbitration.”