Over the last half-century, as UNCITRAL official, professor, arbitrator and
father of the Willem C. Vis Arbitration Moot, Eric Bergsten has been at the
forefront of progress in international commercial arbitration. Now, on the
occasion of his eightieth birthday, the international arbitration and sales
law community has gathered to honour him with this substantial collection of
new essays on the many facets of the field to which he continues to bring his
intellect, integrity, inquisitive nature, eye for detail, precision, and
commitment to public service.
Celebrating the long-standing and sustained contribution Eric Bergsten has
made in international commercial law, international arbitration, and legal
education, more than fifty colleagues – among them quite a few of the
best-known arbitrators and arbitration academics in the world – present 45
pieces that, individually both engaging and incisive, collectively present a
thorough and far-reaching account of the state of the field today, with
contributions covering international sales law, commercial law, commercial
arbitration, and investment arbitration. In addition, nine essays on issues in
legal education mirror the great importance of the renowned Willem C. Vis
International Commercial Arbitration Moot, Eric’s Vienna project which has
offered a life-changing experience for so many young lawyers from all over the
Although the book was planned as a token of appreciation and gratitude, the
perspectives and insights that emerged as this substantial and authoritative
collection of essays took shape offer immeasurable promise to the community of
arbitration professionals. The book will be consulted for decades to come.
Preface. Part One: International Sales Law and International Commercial Law
. 1. Iura Novit Curia in International Commercial Arbitration: How Much
Justice Do You Want? C.P. Alberti. 2. The TransLex Principles:
An Online Research Tool for the Vis Moot and International Arbitration;
K.P. Berger. 3. The ‘Gateway’ Problem in International Commercial
Arbitration; G.A. Bermann. 4. The Influence of the English
Language: A Gradual Acceptance of Anglo-American Legal Culture in
International Arbitration; S.H. Elsing. 5. The Latest
Developments in Commercial Arbitration in Romania; G. Florescu, C. Florescu
. 6. Pathological Arbitration Clauses: Another Lawyers’ Nightmare Come
True; D. Girsberger, P.J. Ruch. 7. Bringing Efficiency to the
Awarding of Fees and Costs in International Arbitrations; J. Gotanda.
8. Competence-Competence and Separability: American Style; J. Graves,
L. Davydan. 9. Adverse Inferences in International Arbitral
Practice; S. Greenberg, F. Lautenschlager. 10. The UNCITRAL
Notes on Organizing Arbitral Proceedings: Time for an Update? P. Habegger,
A. von Mühlendahl. 11. Arbitration Is Only as Good as Its
Arbitrators; Lord Hacking. 12. The Commercial Way to Justice;
G. M. Beresford Hartwell. 13. The Judicialization of International
Arbitration: Does the Increasing Introduction of Litigation-Style Practices,
Regulations, Norms and Structures into International Arbitration Risk a Denial
of Justice in International Business Disputes? G.J. Horvath. 14.
Problems at Both Ends; N. Kaplan. 15. Law, Para-Regulatory Texts
and People in International Arbitration: Predictability or Fureur
Reglementaire? P.A. Karrer. 16. The Evolving Role of an
Appointing Authority; C. Kee. 17. The Arbitration Agreement in
Enforcement Proceedings of Foreign Awards; S. Kröll. 18.
Cross-Border Insolvency and Arbitration: Which Consequences of Insolvency
Proceedings Should Be Given Effect in Arbitration? V. Lazic. 19.
Arbitral Seats: Choices and Competition; L. Mistelis. 20. Are
Unilateral Appointments Defensible? On Jan Paulsson’s Moral Hazard in
International Arbitration; A. Mourre. 21. (In)appropriate
Compromise: Article 16(3) of the Model Law and Its Progeny; V. Pavic.
22. Moral Damages in International Investment Arbitration; I. Schwenzer
. 23. A Uniform, Three-step Approach to Interest Rates in International
Arbitration; M. Secomb. 24. ‘(In)arbitrability and Exclusive
Jurisdiction’: Parallels that Matter; A. Uzelac. 25. Can
Proceeding ‘Not in Accordance with the Agreement of the Parties’ Be Condoned?
Remarks on Article V(1)(d) of the New York Convention; T. Varady. 26
. Corruption in International Arbitration and Problems with the Standard of
Proof: Baseless Allegations or Prima Facie Evidence? S. Wilske, T. Fox
. Part Two: International Commercial and Investment Arbitration. 1
. The Principle of Debtor Protection under the UN Convention on the Assignment
of Receivables; O. Akselis . 2. Consequences of Avoidance under
the CISG; M. Dimsey. 3. Declaration of Price Reduction under the
CISG: Much Ado about Nothing? M. Djordjevic. 4. Excluding CISG
Article 35(2) Quality Obligations: The ‘Default Rule’ View vs the ‘Cumulation’
View; H. Flechtner. 5. Cover Purchase without Avoidance: Welcome
when Worthwhile; P. Huber, I. Bach. 6. Surprising Terms in
Standard Contracts under the CISG; R. Koch. 7. The CISG: A Lex
Amicorum; J. Morrissey. 8. Avoidance for Non-Conformity of Goods
under Art. 49(1)(a) CISG; M. Müller-Chen, L. Pair. 9.
Bergsten’s Mark on the Law’s International Reasonable Person;
E. Opie. 10. The CISG ‘Secretariat Commentary’: Has It Stood the
Test of Time? V. Rogers, F. Mazzotta. Part Three: Legal Education
. 1. Mr. Bergsten’s Neighborhood: The Vis Moot, Legal Education, and
Rule of Law; R.A. Brand. 2. The Willem C. Vis International
Commercial Arbitration Moot: Reflections from an Arbitrator’s Perspective;
H.R. Dundas. 3. International Arbitration and Legal Education in
the 21st Century; M. Hunter, Z. Filipic. 4. Pre-Moot Serves
Regional Integration; J. Knieper. 5. Three Perspectives on the
Willem C. Vis International Commercial Arbitration Moot; P. Shaughnessy, T.
Lavelle, J. Robilotto. 6. Making Progress: Eric Bergsten, the Vis
Moot Advance and the Enterprise of Universal Peace; M. Shulman. 7
. From Competition to Symbiosis: Commercial Context and Commercial Law, and
their Importance in Legal Education; P. Perales Viscasillas, D. Ramos.
8. Problem Based Learning in Legal Education; J. Waincymer. 9
. The Development of a Unique Summer Internships Abroad Program at Pace Law
School 1995–Present; G. Westerman.