Friedland Arbitration LLC

Publications on Arbitration

• "Drafting Considerations for Clauses Designating New York as the Place of Arbitration," in J. Carter & J. Fellas, International Commercial Arbitration in New York (3d ed 2025) (with Damien Nyer).

• “Black Tom and the U.S./Germany Mixed Claims Commission,” in Julie Bédard and Patrick W. Pearsall (eds.), Reflections on International Arbitration - Essays in Honour of Professor George Bermann (2022).

• "AAPL v Sri Lanka -- Rethinking Protection and Security for 21st Century Claims" Arbitration Academy 2016 The Berthold Goldman Lecture, 3 PARIS J. INT'L ARB. 605 (2016)

• "Fact-Finding by International Arbitrators – Sua Sponte Calls for Evidence, in The Arbitrators' Initiative: When, Why and How Should it be Used?" ASA Special Series No. 45 (Domitille Baizeau & Frank Spoorenberg eds. 2016)

• "Differential Capacity and the Duty to Protect Foreign Investment From Physical Violence," in Liber Amicorum en L'Honneur de William Laurence Craig (LexisNexis 2016) (with Robert Hornick)

• "Drafting Considerations for Clauses Designating New York as the Place of Arbitration," in J. Carter & J. Fellas, International Commercial Arbitration in New York (2d ed 2016) (with Damien Nyer).

• "Soft Law and Power," in S. Brekoulakis, J. Lew & L. Mistelis (eds), The Evolution and Future of International Arbitration (2016)

• "The 2014 Revisions to the IBA Guidelines on Conflicts of Interest in International Arbitration," 9 Dispute Resolution Int'l 55 (2015) (with Eduardo Zuleta) 

• "The Revised ICDR International Arbitration Rules - Key Changes," LexisNexis Arbitration, April 2014 (with John Templeman) 

• "Rabid Redux: The Second Wave of Abusive ICSID Annulments," 27 Am. U. Int’l L. Rev. 727 (2012) (with Paul Brumpton)

• The 2012 International Arbitration Survey: Current and Preferred Practices in the Arbitral Process, JAMS Global Engineering and Construction Newsletter and the NYSBA Dispute Resolution Journal, November 2012 (with John Templeman)

• Discoverability of Communications between Counsel and Party-Appointed Experts in International Arbitration, 28 Arb. Int'l 1 (LCIA 2012) (with Kate Brown de Vejar)

• Discoverability of Communications between Counsel and Party-Appointed Experts in International Arbitration, 15 ICCA Congress Series 160 (2011) (with Kate Brown de Vejar) 

• "Negotiating and Drafting Arbitration Agreements with Chinese Parties — Special Considerations of Chinese Law and Practice," 28 J. Int. Arb. 5, 467 (2011) (with Bing Yan) 

•  "The New ICC Rules: Continuing Evolution of Case Management Powers to Control Costs and Delays in International Arbitration," Kluwer Arbitration Blog, 13 September 2011 (kluwerarbitrationblog.com/blog/2011/09/13/the-new-icc-rules-continuing-evolution-of-case-management-powers-to-control-costs-and-delays-in-international-arbitration) (with Paul Brumpton)

•  "Drafting Considerations for Clauses Designating New York as the Place of Arbitration," in James H. Carter & John Fellas (eds.), International Commercial Arbitration in New York 71, 2010

• "Comments on the 2008 Survey on International Arbitration: Corporate Attitudes and Practices on Recognition and Enforcement of Arbitral Awards," 19 Am. R. Int. Arb. 3, 2010 (with Michael Ottolenghi) 

• Controlling Cost in International Arbitration, 24 Japan Com. Arb. Ass'n. Newsl., December 2009 

• "Recognition And Enforcement Of Annulled Awards: From Chromalloy To Comity, The U.S. Story So Far" in Mealey's The New York Convention: 50 Years of Experience, October 2008 (with Judith Levine) 

• "Reconocimiento Y Ejecución de Los Laudos Arbitrales Nulos. La Experiencia en Los Estados Unidos de Norteamérica" in Guido Tawil & Eduardo Zuleta (eds.), El Arbitraje Comercial Internacional 568, 2008 (with Judith Levine)

• Arbitration Clauses for International Contracts (2d ed.), Juris, 2007

• "A Claim for Monetary Relief for Breach of Agreement to Arbitrate as a Supplement or Substitute to an Anti-Suit Injunction," in Albert Jan van den Berg (ed.), International Arbitration 2006: Back to Basics? (with Kate Brown)

• "The Amicus Role in International Arbitration," in Loukas Mistelis & Julian Lew (eds.), Pervasive Problems in International Arbitration, 2006

• "Stay of Enforcement of the Arbitral Award Pending ICSID Annulment Proceedings," in E. Gaillard (ed.), Annulment of ICSID Awards 177, 2004

• "The Internationalization of American Commercial Arbitration," 18 ITA News and Notes, Spring 2004 (with Ank Santens)

• "Arbitral Subpoenas Under US Law and Practice," 14 Am. R. Int. Arb. 3, 2003 (with Lucy Martinez)

• "Commentary: ICSID Tribunals and Injunctions by State Courts," Arbitration International, November 2002

• "Arbitration," Corporate Legal Departments, Practising Law Institute, November 2001

• "Place of Arbitration in Contract Is Vital," New York Law Journal, October 2001

• "Drafting Provisional Relief Clauses," 6 ADR Currents 1, 2001

• "The Arbitration Clause," Commercial Contracts: Strategies for Drafting and Negotiating, Aspen, 2001

• "Choosing Between Administered and Non-Administered Arbitration for International Contracts," Corporate Counsel, April 2001

• Arbitration Clauses for International Contracts, Juris Publishing, 2000

• "The Written Phase: Disclosure and Memorials," AAA Manual for International Arbitrators, 1999

• "Party Criteria for the Selection of Party-Appointed Arbitrators," IFCAI Dispute Resolution Conference Papers, 1999

• "International Arbitration in the US: Enforcement of Awards," in International Commercial Arbitration - US Litigation Yearbook, 1999

• "US Courts' Misapplication of the 'Agreement in Writing' Requirement for Enforcement of an Arbitration Agreement under the New York Convention," 13 Int. Arb. Rep. 21, 1998

• "Selecting the Party-Appointed Arbitrator," 3 Currents 8, 1998

• "Combining Civil Law and Common Law Elements in the Presentation of Evidence in International Commercial Arbitration," 12 Int. Arb. Rep. 25, 1997

• "A Standard Procedure for Presenting Evidence in International Arbitration," 11 Int. Arb. Rep. 4, 1996

• "The Swiss Supreme Court Sets Aside an ICC Award," 13 J. Int'l Arb. 1, 1996

• "The Relevance of International Standards for US Courts in the Enforcement of Arbitration Agreements under the New York Convention," 6 Am. R. Int. Arb. 2, 1995 (with Robert Hornick)

• "International Law - Arbitration or Litigation?" New York Law Journal, Nov. 20, 1995​