Paul E Mason

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Articles on Arbitration & Mediation


Full List of Publications and Presentations

"The Brazilian Mediation Wave - Will it Rise?", Kluwer Mediation Blog online, October 21, 2016, at http://kluwermediationblog.com/2016/10/21/the-brazilian-mediation-wave-will-it-rise/

"Key Changes to the Brazilian Arbitration Law: A Foreign Practitioner's Perspective", chapter in the book Métodos Extrajudicias de Resolução de Conflitos Empresariais (Extrajudicial Methods of Commercial Conflict Resolution), Dra. Flávia Holanda, ed., IOB Publishers, São Paulo (July 2017).  A copy is also available on this website under the tab "Articles on Arbitration and Mediation", item 10.

"Proposed UNCITRAL Convention on Mediated Settlements of International Commercial Disputes", co-authored with IMI Chair Deborah Masucci and IBA Latin America Mediation Committee Coordinator Andrea Maia, published at IBA Mediation Committee internal publications link http://www.ibanet.org/LPD/Dispute_Resolution_Section/Mediation/Publications.aspx 

"Brazil's New Mediation Law and the Impact on International Business Disputes", co-authored with Brazilian lawyer and mediator Alexandre Simões, AAA Dispute Resolution Journal, Vol. 70, no. 4 (December 2015), pp. 13 - 19.

"The Law, Exposed", a translation and brief commentary on the new Brazilian Mediation Law, co-authored with Brazilian lawyer and mediator Alexandre Simões, part of Building a Mediation Structure in Brazil in the International ADR section of CPR's Alternatives journal, Vol. 33, No. 11, December 2015, pp. 163 - 170.

"Arbitration and Mediation of Brazilian M & A Disputes", Beijing Arbitration Commission column in the Disputes Digest section of the China Business Law Journal, Beijing, Vol. 6, issue 8, September 2015.

"Brazil: Changes Enacted to Arbitration Law" at website www.ChinaGoAbroad.com (for Chinese entities interested in markets abroad), May 2015.  Article published in English and Chinese.

"Multi-dimensional Mediation", chapter in the book Contemporary Tendencies in Mediation, Humberto Dalla and Juliana Loss de Andrade, Co-Editors, Editorial Dykinson, Madrid, 2015.

Co-author with Leandro Tripodi and Andrea Maia, "Arbitration and Mediation of Contracts Governed by the CISG", Working Paper for the II CPR Brazilian Business Mediation Congress, Belo Horizonte, Brazil, April 2014; Portuguese version published in bulletin of the Federation of Chambers of Commerce for Foreign Trade (FCCE), March 2014.

"Brazil:  Proposed reforms to arbitration law ready for scrutiny". Global Arbitration Review (London) online,          7 October 2013.

"Brazil: Reforms to Dispute Resolution", Latin Lawyer (London) online, 15 October 2013.

"Suggested Changes to Brazil's Arbitration Law",  The Commercial, Shipping & Investment Arbitration Watch (Madrid), Issue 19, July - September 2013.

"Dueling Tribunals at the Jirau Dam", revised version for IBA Arbitration News, September 2013 issue, and Vista Brazil, a Veirano monthly client newsletter, September 2012.

"The Arbitrator as Mediator, and Mediator as Arbitrator", Journal of International Arbitration (The Hague), Vol. 6, 2011 (December 2011) with Follow-up Note to be published in the April 2012 edition of the JOIA.

Co-author of Brazil chapter with Fernando Serec and Antonio Barbuto Neto, in the book International Commercial Arbitration Practice & Procedure - Enforcement of Foreign Awards (Covering more than 75 Countries), Universal Law Publishers (India), 2012.

"Como Resolver disputas sobre nomes de domínio na internet" ("How to Resolve Internet Domain Name Disputes"), co-author with Luiz Gustavo Meira Moser, Revista Brasileira de Arbitragem (Brazil Arbitration Journal), 2012.

"O Mito da Mediação e Expertise" ("The Myth of Subject-Matter Expertise in Mediation", co-author with Nazareth Serpa), Revista Brasileira de Direito de Construção (Brazilian Construction Law Journal), Institute of Brazilian Construction Law, São Paulo, vol. 1 (2012).

"Dispute Resolution in Brazil" for the Chinese investment website www.chinagoabroad.com  2011 - 2012.

"What's Brewing in the International Commercial Mediation Process: Differences from Domestic Mediation and Other Things Parties, Counsel and Mediators Should Know", Dispute Resolution Journal, American Arbitration Association, New York, February - April 2011 issue.

International Commercial Arbitration Practice: 21st Century Perspectives (General Editor with Co-Editor Horacio Grigera-Naón, 50+ chapters), Lexis-Nexis books, October 2010, with annual revisions and new chapters. 

“International Commercial Arbitration Practice in Latin America”, Chapter 8 in the book International Commercial Arbitration Practice: 21st Century Perspectives (Mason & Grigera-Naón, 40+ chapters), Lexis-Nexis books, October 2010. 

"Videoconferening in International Arbitration and Mediation Proceedings", Chapter 53 in the book International Commercial Arbitration Practice: 21st Century Perspectives (Mason & Grigera-Naón, 40+ chapters, Lexis-Nexis books, October 2010), and in the International Mediation Institute Library online at: 

http://imimediation.org/index.php?cID=264&cType=document

“Arbitration in the World Cup”, the companion and contributing article to “Arbitrators and Referees”, Global Arbitration Review (London), July 12, 2010.

“Multidimensional Mediation”, Alternatives to the High Cost of Litigation, CPR/New York, February 2010.  A shorter version focusing on International Mediation can be found on the CPR website’s International Practice column (November 24, 2009) at:

http://www.cpradr.org/tabid/45/articleType/ArticleView/articleId/547/Default.aspx

Interviewed for and comments published as part of several articles in “A Closer Look at Arbitration in Brazil”, Special Issue of Global Arbitration Review, Vol. 4, Issue 6 (January 2010)

Guest lecturer on “Combining Mediation and Arbitration (Medi – Arb) to Resolve International Commercial Disputes: Western vs. Chinese Perspectives and Experiences”, graduate law course on Latin American Commercial Arbitration, University of Miami Law School, Miami, November 2008.

The New York Convention and the Enforcement of Foreign Arbitral Awards in Brazil”, Mealeys International Arbitration Report – Special Edition Commemorating the 50th Anniversary of the New York Convention”  (co-authored with Fernando Eduardo Serec and Antonio M. Barbuto Neto, Tozzini Freire Advogados, São Paulo), November 2008.

Moderator for Panel on “Protection of Intellectual Property Assets in Latin America”, JURIS Conference on Legal Aspects of Risk Management in Latin America, Miami, October 2008.  Intellectual Property law specialists on Panel from Argentina, Brazil, Colombia and Mexico.

Speaker, “The Latest Legal Developments Related to Arbitration in Brazil”, 6th Annual ICDR Arbitration Conference, Miami, April 2008.

“New Keys to Arbitration in Latin America”, co-author with Brazilian arbitrator Mauricio Gomm-Santos, Journal of International Arbitration (The Hague), February 2008 issue.

Expert Commentaries on International Arbitration for Lexis-Nexis Legal Publishers:
1. "Hall Street Associates v. Mattel" (on the U.S. Supreme Court's last word to decide whether contractual arbitration clauses or agreements calling for expanded judicial review of arbitration awards are enforceable or not – April 2008)

2. "Premium Nafta Products Limited" (on the decision by the United Kingdom’s highest court, the House of Lords, to widen the straits that had narrowed the role of arbitrators and independence of arbitration clauses – November 2007)

3. "Société SNF – SAS v. Chambre de Commerce International" (French court decision on the question of which set of rules of the arbitral institution are applicable when the arbitration clause is silent on the matter – November 2007)

4. "The Use of Reasoned Awards in International Arbitration" (December 2007)

5.  Unclear Arbitration Clauses Leading to Unwanted Court Intervention” (January 2008)

6. "The Pitfalls and Perils of ‘Mixing’: Whether Arbitration Rules Should be Applied Without Administration by the Issuing Arbitral Institution" (February 2008)

7. "Problems Arising from a ‘Dual System’ Arbitration Clause:
Americatel El Salvador v. Cia. de Telecommunicaciones de El Salvador" (May 2008)

8. "Arbitration in International Tax Treaties" (co-author with Robert Feinschreiber and Margaret Kent – February 2008)

9. “Overview of Key Brazilian Arbitration Law Developments in 2007-2008” (co-author with Fernando Eduardo Serec and Antonio M. Barbuto Neto, Tozzini Freire Advogados, Sao Paulo - April 2008)

10. “Availability of Foreign Arbitral Forums:  A Tale of Two Countries with Opposite Views - Chile and Ukraine” (May 2008)

11. “Arbitration in Chains of Contracts – France and Switzerland” (May 2008)

12. “Consequences to Parties for Nonpayment of Arbitrators’ Fees and Costs:  Rulings from Two Key Arbitral Jurisdictions – the U.S. and Sweden” (co-author with Richard Dewitt – June 2008)

A Experiência numa Arbitragem Internacional no Setor Petroleiro Off-Shore” (“The Experience of an International Arbitration in the Offshore Oil Exploration Sector”, presentation in Portuguese), Ibero-American Maritime Law Institute, Rio de Janeiro, September 2007.

“Videoconferencing for International Disputes”, Revista Brasileira de Arbitragem (The Brazilian Journal of Arbitration, published by the Brazilian Arbitration Committee/IOB Thomson), No. 11, July – September 2006 issue.

Considerações na Escolha do Árbitro na Arbitragem Internacional” (in Portuguese)  – “Considerations in the Choice of an International Arbitrator”, International Arbitration Conference Commemorating the 10th Anniversary of the Brazilian Arbitration Law, ARBITAC/AC (Commercial Association) Paraná, Curitiba, Brazil, June 2006. 

“Drafting Arbitration Clauses:  How to Avoid Pitfalls and Mistakes”, Swiss-Italian Chamber of Commerce International Arbitration Seminar, Coral Gables, FL, October 2005.

“Telecommunications Arbitration in Latin America”, co-author with Brazilian arbitrator Pedro Batista Martins, Latin Lawyer  (London), April 2005.

“Second International Arbitration Update”, Program Co-Chair and Moderator of Mock Arbitration case in eight acts involving satellite TV rights in Argentina, The Florida Bar with the ICC, ICDR/AAA and co-sponsors throughout Latin America, Miami, October 2004.

Resolução de Disputas On-Line”, presentation in Portuguese for the            I Congresso Internacional de Arbitragem, Rio de Janeiro, Brazil, April 2004.

“Seven Keys to Arbitration in Latin America”, 20-page article in Mealey’s International Arbitration Report (published by LexisNexis), February 27, 2004 issue and Revista Brasileira de Arbitragem, No. 3/2004

(in Portuguese).

“Resolution of Conflicts in E-Commerce”, presentation for Plenary Session of 400 lawyers at Inter-American Association of Industrial Property (ASIPI) Congress, Mexico City, November 2003.

“First International Arbitration Update”, Program Chair and Moderator of Panel on “Comparison of Arbitration Organization Choices”, The Florida Bar International Law Section, International Litigation & Arbitration Committee, Orlando, June 2003.

Arbitragem em Geral” e Resolução de Conflitos On-Line na Internet” (“Arbitration in General” and “Online Dispute Resolution - ODR”), October-November 2002 :

ACADEMIC PROGRAMS

- Intensive Workshops in Negotiation and Mediation for the Federal Universityof St. Petersburg, Russia and the Moscow Academy of Finance & Law (2011);

- Modules on Arbitration for post-graduate Masters in Law degree course for lawyers and judges on Alternative Dispute Resolution, PUC-Minas Law School, Belo Horizonte, Brazil;

- Presentations on arbitration for post-graduate course in Civil Law for judges of superior level trial court (Tribunal de Alçada); for post-graduate course in Procedural Law at PUC-Minas Law School; and for the Tribunal of Mediation and Arbitration of Minas Gerais, Belo Horizonte;

- Special class on ODR for students of the Law Practice Center (NPJ), PUC-Minas Law School, Belo Horizonte;

- Presentation on arbitration for the Attorney General’s Office of the State of Rio de Janeiro.

Crossing Parallel Lines:  The U.S. Federal Courts and the UDRP Process for Domain Name Dispute Resolution”, International Bar Association’s Business Law International Conference, CyberCourt I Session on Domain Name Litigation, Cancún, Mexico, October 2001.  Updated for November 2003 ASIPI Congress, Mexico City.

“Eight Trends in International Commercial Arbitration and their Impact on Latin America” :

- Published in Portuguese as a chapter in the book  A Arbitragem e Seus Mitos (Arbitration and its Myths), by Prof. Welber Barral, Law Faculty, Federal University of Santa Catarina, Brazil, 2000.

- Oral presentation in Spanish for the I Congresso Internacional de Resolución de Conflictos, Buenos Aires, Argentina, August 1998;

- Oral presentation in Portuguese for the Arbitral Tribunal of the State of Santa Catarina, Florianópolis, Brazil, April 1998; 

- Published in English as an article in the Latin American Law & Business Report, vol. 6, no. 8, August 1998 (World Trade Executive, Inc., Concord, MA).

 

Conducted arbitration training in Spanish for members of the Supreme Court of Guatemala, other court judges and lawyers, Nova Southeastern University, Florida, February 1998.

Presentation on ADR vs. litigation for the Corporate Public Affairs Executives Forum, Florida International University, Miami, February 1998.

Moderator, ADR in the Americas Panel, 10th Annual Seminar on Legal Aspects of Doing Business in Latin America, Florida Bar/ABA, Miami, February 1998.

Presentation on the new Brazilian                 Arbitration Law and the Commercial                Dispute Resolution Center

of the Americas, Joint ABA-IABA Meetings,         Miami, November 1997.

Presentation in Portuguese on International Commercial Arbitration and the Brazilian Arbitration Law for the I International Symposium on Arbitration, Salvador da Bahia, Brazil, November 1997.

Presentations in Portuguese on International Commercial Arbitration for the Attorney General’s Office, Brasília and the Bennett Institute Law Faculty, Rio de Janeiro, Brazil, October 1997.

“Arbitration in the United States:  Background, the American Arbitration Association and a Comparison of AAA and other International Rules” (co-author), published as a chapter in the book entitled  Arbitragem na Era de Globalização (Arbitration in the Era of Globalization), J.M. Garcez, ed., Editora Forense,  Rio de Janeiro, Brazil, September 1997.

Presentation in Portuguese on International Commercial Arbitration for the Commercial Association of Minas Gerais , in conjunction with the ALCA/FTAA Meetings in Belo Horizonte, Brazil, May 1997.

Presentation in Spanish on International Commercial Arbitration for the Inter-American Bar Association XXXIII Conference, Committee on International Arbitration Law, Rio de Janeiro, Brazil, May 1997.

Co-designed and delivered (with Scott Donahey, Esq.) Arbitration Scenario Modules at Special Training for Baker & McKenzie international law firm’s Western Hemisphere Associates Meeting, Monterrey, Mexico, April 1997.

Helped design Alternative Dispute Resolution in the Americas Conference (World Research Group/New York), Miami, April 1997, and prepared a panel presentation for the Conference entitledBrazil’s New Arbitration Law: Outstanding Features”; also published as an article for the Florida Bar’s International Law Quarterly (Vol. XV, No.2, Summer 1997) and the Latin American Law & Business Report (World Trade Executive, Inc.),  Vol. 5 , No. 3, March 31, 1997.

The New Brazilian Arbitration Law: Help for Your Business”, Brazilian-American Chamber of Commerce of Florida Newsletter, March 1997.

“International Alternative Dispute Resolution for High Technology Companies”, Computer Law Association, International Retreat Conference, Monterey, CA, October 1996, and Brazil Computer and Telecommunications Law Association (ABDI), São Paulo, Brazil, December 1996.

“Arbitration & ADR vis-à-vis Litigation for Your Business in Latin America”, National Agricultural Credit Managers Conference, Key Largo, Florida, November 1996.

Mediation Trends in Latin America” (with Burton Landy, Esq.), Hispanic Bar Association 21st Annual Convention, Miami, October 1996.

Mediation Training in English and Spanish for the Quito, Ecuador Chamber of Commerce’s Center for Conciliation and Arbitration, Miami, July 1996.

“Alternative Dispute Resolution in Latin America and the Commercial Dispute Resolution Center of the Americas”, The Florida Bar Annual Meeting, Orlando, June 1996.

International Arbitration Seminar presented in Portuguese for the Brazilian Bar Association - Federal Section, Brasília and other business and legal groups in Brasília, Recife, Rio de Janeiro and São Paulo, Brazil, May 1996.

Arbitration in Latin America: A Practitioner’s Perspective”, Latin American Law & Business Report (World Trade Executive, Inc.), Vol. 4, No. 6, May 31, 1996.

“International Commercial Arbitration: A Corporate Counsel’s View”, ACCA Docket  (American Corporate Counsel Association), Summer 1995 issue; Dispute Resolution Journal (American Arbitration Association), Summer 1994.

“Quebramólas Jurídicas na Infovia” (“Legal Speed Bumps on the Information Highway”), Brazil Computer and Telecommunications Law Association (ABDI), São Paulo, Brazil, 1994.

“International Joint Ventures in the Latin American Computer Market: Business and Corporate Cultural Challenges”, World Computer Law Congress, San Diego, 1993; Brazil Computer Law Association (ABDI), Rio de Janeiro, 1993; Latin American Law & Business Report, January 1994.

“Important Considerations for Success in Today’s Brazil”, International Business Center of New England, Boston, 1991.

“Investing in Brazil: Current Climate for U.S. Electronics and High Technology Firms”, American Electronics Association, Washington, D.C., 1990.

“EDI and International Trade”, Latin American Institute for High Technology, Informatics and Law/U.N. Economic Commission for Latin America & the Caribbean, Buenos Aires, Argentina, 1990.

“International Protection of Computer Software:  The Japanese Experiment” (co-author), Boston Bar Journal, Vol. 29, No. 5, 1985.

“U.N. Mediation: More Effective Options” (co-author), SAIS Review (Johns Hopkins University Foreign Policy Institute - School of Advanced International Studies, Washington, D.C.),  Vol. 5,  No. 2, 1985; Presentation to the Harvard Program on Negotiation, Cambridge, MA, 1984.