Publications

Beijing Shougang Mining Investment Company, Ltd. et al v. Mongolia, 21-1244, Amicus Curiae Brief on behalf of Professor George A. Bermann (2022)

 

The Petition for Certiorari in this action concerns one of the most fundamental decisions of the U.S. Supreme Court in the area of arbitration—First Options of Chi., Inc. v. Kaplan, 514 U.S. 938 (1995)—and the principle of party consent upon which that case rests.  

Amicus curiae George A. Bermann is the Jean Monnet Professor of EU Law, Walter Gellhorn Professor of Law, and the Director of the Center for International Commercial and Investment Arbitration (CICIA) at Columbia Law School.  He is also chief reporter of the ALI’s Restatement of the U.S. Law of International Commercial and Investor-State Arbitration.

U.S. Arbitration Chapter: Lexology, Getting the Deal Through (2022)

 

Matthew Draper and Corinne Atton contributed to the 2022 edition of Lexology's Getting the Deal Through guide to Arbitration.

 

Draper & Draper's chapter contains local insight into U.S. arbitration law and institutions, providing essential “need to know” answers to the arbitration issues and questions facing corporations and counsel. It covers the legal framework applicable at all stages of the arbitral process, from the interpretation and enforcement of arbitral agreements, to arbitral proceedings, the regulation of arbitrators, and the enforcement of arbitration awards.

New UN Watercourses Convention Enters Into Force: Treaty Provides Inter-State Arbitration and Private Rights of Action for Transboundary Water Disputes

Matthew E. Draper, August 18, 2014

 

An analysis of the first global treaty to govern transboundary water use and establish mechanisms for resolving international water disputes. Notably, the Watercourses Convention creates a right for companies and individuals to enjoy equal access to foreign States’ courts and administrative proceedings to redress transboundary water pollution, diversion, and other water-related harms.

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ICC Commission Report: States, State Entities & ICC Arbitration

International Chamber of Commerce, 2012

 

Matthew E. Draper served as a member of the ICC Task Force for States, State Entities and ICC Arbitration.  The report, published by the ICC, provides recommendations regarding changes to the international arbitration rules of the ICC.

 

For more information about the ICC Task Force, click here.

Hong Kong Appellate Court Upholds Arbitral Award Despite Claim of Apparent Bias During “Med –Arb”

Matthew E. Draper, New York Dispute Resolution Lawyer, Spring 2012, Vol. 5, No. 1.

 

An analysis of the controversial decision of the Hong Kong Court of Appeals in Gao Haiyan and Xie Heping v. Keeneye Holdings and another CACV 79/2011.

ADR in Business: Practice & Issues Across Countries & Cultures

Matthew E. Draper - New York Dispute Resolution Lawyer, Fall 2011, Vol. 4 No. 3.

 

Review of collection of essays on mediation and arbitration practices employed to resolve commercial disputes around the world.

New York Convention Awards in the Second Circuit: ‘Frontera’ Provides Guidance on Jurisdiction and Foreign States

Matthew E. Draper - New York Law Journal, April 12, 2010.

 

Analysis of a decision by Second Circuit altering significantly the jurisdiction of New York courts over foreign defendants.