Books At The Bar by Howard L. Wieder

With origins dating back to 1478, Oxford University Press (“OUP”) is the world’s largest university press with the widest global presence. OUP’s Global Academic Publishing program spans the entire academic and higher education spectrum, including a wide array of scholarly and general interest books, journals, and online products.  OUP has published a multitude of award-winning books, including 15 Pulitzer Prize winners.  OUP has the highest standards for academic and professional works.

A review of www.oup.com will review numerous titles that are of great interest to the practicing lawyer.  I have chosen seven titles that are of interest to lawyers and litigators, five of them in the newly emerging field of international commercial arbitration.  The field of international commercial arbitration especially rose to prominence with the publication in 2012 of S.I. Strong’s “INTERNATIONAL COMMERCIAL ARBITRATION:  A GUIDE FOR U.S. JUDGES,” a 152-page handbook that is available online at www.fjc.gov.  I invite you to stroll through the OUP web site at oup.com for many titles in your particular field.  Here are my favorites chosen for this Spring-Summer 2014 column:

THE NEW YORK RULES OF PROFESSIONAL CONDUCT WINTER 2012
RULES, COMMENTARY, AND PRACTICE AIDS
Edited by New York County Lawyers’ Association Ethics Institute
New York Rules of Professional Conduct
$225.00
Hardcover
23 November 2012
1552 Pages
7 x 10 inches
ISBN: 9780199855711

    Increasingly, courts are citing and relying on the new New York Rules of Professional Conduct.  They took effect in April, 2009 and have binding force.  They are not precatory.  So whether your opponent is guilty of misleading a tribunal or is involved in an impermissible conflict of interest in representation, this book is the Bible in the field. The Fall 2012 edition includes the latest NYSBA Commentary and Ethics Opinions, including the effect of social media on today’s law practice, permissible legal marketing services, legal fees, contingency fees, and feesplitting arrangements, and maintaining client confidentiality.

Highlights:

Authoritative commentary provides much needed clarity on the transition to the Rules of Professional Conduct which govern attorney conduct in the State of New York

Cases and opinions have been fully updated to reflect the adoption of the Rules of Professional Conduct

Where portions of the prior Code are retained in the new Rules of Professional Conduct, Dean Mary Daly’s commentary to the Code is retained for historical reference

Commentary and practice notes address issues specific to specialty practice areas

Finding aids, including a cumulative index, table of rules, table of cases, and tabs have been added for ease of use and accessibility

THE NEW YORK STATE CONSTITUTION, SECOND EDITION
Peter J. Galie and Christopher Bopst
Oxford Commentaries on the State Constitutions of the US
$150.00
Hardcover
01 June 2012
446 Pages
61/8 x 91/4 inches
ISBN: 9780199860562
Also Available As:  Ebook

Highlights:

Includes an account of New York’s constitutional evolution, allowing readers to see the progression of legislation in its historical context

Provides a provisionbyprovision commentary of the state constitution of New York and includes analysis on the state’s current constitution, providing an essential reference guide to understanding this important document

Extensive topical and historical bibliography, including online sources, enables readers to easily find source materials and documents

The only book to provide the history and uptodate commentary on every aspect of New York State’s constitution

New to this Edition:

Includes constitutional amendments adopted since the publication of the first edition in 2011.

Provides an accurate analysis of recent court decisions that have altered or expanded the meaning of the New York State constitution

DAMAGES IN INTERNATIONAL ARBITRATION UNDER COMPLEX LONGTERM CONTRACTS
Herfried Wöss, Adriana San Román Rivera, Pablo Spiller, and Santiago Dellepiane
$260.00
Hardcover
392 Pages
9.7 x 6.7 inches
ISBN: 9780199680672

Highlights:

The first detailed coverage of legal, financial, and economic implications of damages in international arbitration.

Clarifies how different rules of law on damages and loss of income (UK, US, France, Mexico, Germany, CISG, and UNIDROIT Principles) are applied to damages claims for breach of complex longterm contracts including privatelyfinanced infrastructure projects and publicprivate partnerships.

Uses a stepbystep approach for the application of the butfor method and its relationship to loss, causation, and the measure of damages.

Refers to best international and national practices for the reconstruction of the hypothetical course of events to solve the legal, financial, and economic issues involved in the determination and quantification of damages claims and the proper reasoning of arbitral awards.

Makes extended reference to high profile ICC, UNCITRAL, and ICSID cases and unpublished awards in which the authors were involved.

PRINCIPLES OF INTERNATIONAL INVESTMENT LAW
Second Edition
Rudolf Dolzer and Christoph Schreuer
$68.00
Paperback
19 December 2012
530 Pages
9.2 x 6.1 inches
ISBN: 9780199651801
Also Available As:  Hardcover or Ebook

Highlights:

Provides a unique overview of the principles shaping the international law of foreign investment, as they have been defined in investment treaties and by the jurisprudence of international tribunals.

Analyses the dispute settlement mechanisms at work in State v. State and Investor v. State Arbitration.

Leading introductory text for students on international investment law courses, or for practitioners new to the area.

Fully revised and updated to trace the evolution of the jurisprudence and doctrinal opinion since 2008, with added coverage of the BITs of EU Member States

INTERNATIONAL COMMERCIAL ARBITRATION IN NEW YORK
Edited by James H. Carter and John Fellas
$75.00
Paperback
27 September 2013
770 Pages
7 x 10 inches
ISBN: 9780199938612

Highlights:

The editors are two wellrespected arbitration experts, who have gathered together the authorities in the field to address the most important topics for a lawyer involved in commercial arbitration in New York

The first comprehensive, uptodate source of vital information for commercial arbitration practitioners in New York, merging discussion of international commercial arbitration with the specific intricacies of the New York arbitral process and courts

Provides arbitrators with the necessary information and expert advice to help effectively pursue a case, being especially helpful to newcomers looking for an exclusive, insider look at the arbitral landscape of New York

CHOICE OF VENUE IN INTERNATIONAL ARBITRATION
Edited by Michael Ostrove, Claudia Salomon, and Bette Shifman
$280.00
Hardcover
09 March 2014
576 Pages
9.7 x 6.7 inches
ISBN: 9780199655717

Highlights:

The first book to provide indepth coverage of strategic considerations in choosing the seat of an arbitration

Comparative analysis of twenty venues, allowing evaluation of every major global seat

Written by a team of expert contributors with a wealth of experience in their regions

CLASS, MASS, AND COLLECTIVE ARBITRATION IN NATIONAL AND INTERNATIONAL LAW
S.I. Strong
$185.00
Hardcover
22 October 2013
432 Pages
61/8 x 91/4 inches
ISBN: 9780199772520

Highlights:

This is the first book to deal comprehensively with class, mass, and collective arbitration in a comparative context (or with any of these procedures individually).

Offers a detailed comparison of the different types of specialized rules on largescale arbitration, including some that have not yet been discussed in legal literature.

Discusses how largescale arbitration is likely to develop in new jurisdictions, either as an ad hoc mechanism or under nonspecialized arbitral rules.

Provides numerous new authorities including cases and statutes that have not previously been discussed in legal literature

HOWARD L. WIEDER, the writer of both the “Culture Corner” and “Books at the Bar” columns, is a Principal Court Attorney in State Supreme Court, in Queens County, New York.