Peter B: A Leading Authority in International Litigation and Arbitration

Peter B is a distinguished legal scholar and author renowned for his extensive contributions to the field of international civil litigation and arbitration. His work is widely recognized and respected within the legal community, particularly among practitioners and academics focusing on cross-border disputes and international law. This compilation highlights the breadth and depth of Peter B’s expertise, showcasing his influential publications, expert testimony, and consultancy work.

Authored Books

Peter B has co-authored several editions of the seminal text, International Civil Litigation in United States Courts, a comprehensive guide for navigating the complexities of international litigation within the U.S. legal system. This authoritative work is an indispensable resource for legal professionals worldwide.

• International Civil Litigation in United States Courts, 7th ed. (with G. Born) (Wolters Kluwer, 2022). This latest edition reflects the most recent developments and insights in the field.
• International Civil Litigation in United States Courts, 6th ed. (with G. Born) (Wolters Kluwer, 2018). Previous editions of this book have consistently provided crucial guidance for legal practitioners.
• Arbitration and the Constitution (Cambridge Univ. Press 2013). This book delves into the constitutional aspects of arbitration, a critical area of legal scholarship.
• International Civil Litigation in the United States, 5th ed. (Aspen 2011) (with G. Born). Continuing the legacy of providing expert analysis in international litigation.
• International Civil Litigation in the United States, 4th ed. (Aspen 2007) (with G. Born). Earlier editions have established the foundation for current understanding in the field.

Articles and Book Chapters

Peter B’s scholarly articles and book chapters cover a wide spectrum of topics within arbitration and international litigation. His publications demonstrate a keen analytical mind and a profound understanding of both theoretical and practical aspects of dispute resolution.

• “An Empirical Assessment of Arbitration Clauses in Credit Card Agreements,” in Beyond Elite Law (S. Estreicher Ed., Cambridge Univ. Press, 2016). This chapter provides empirical analysis of arbitration clauses, contributing to the understanding of consumer arbitration.
• The Testamentary Foundations of Commercial Arbitration, 30 Ohio St, J. on Disp. Resol. 275 (2015). Exploring the historical and foundational aspects of commercial arbitration.
• Arbitration, the Law Market and the Law of Lawyering, 38 Int’l Rev. L. & Econ. 87 (2014) (with E. O’Hara). An insightful examination of the intersection of arbitration, legal markets, and legal ethics.
• “Sticky” Arbitration Clauses? The Use of Arbitration Clauses after Conception and Amex, 67 Vand. L. Rev. 955 (2014) (with C. Drahozal). Analyzing the evolving landscape of arbitration clause enforcement.
• “Guerilla Tactics at Other International Institutions” in Guerilla Tactics in International Arbitration (G. Horvath ed.) (Kluwer 2013). Addressing strategic and tactical considerations in international arbitration proceedings.
• With Apologies to Paxton Blair, 45 N.Y.U. J. Int’l L. & Pol. 1063 (2013). A unique perspective within international law and policy discourse.
• “The Proportionality Principles and the (Amount in) Controversy” in American Illness, (Yale Univ. Press, 2013). Examining the principle of proportionality in the context of legal disputes.
• “Forum Shopping in International Arbitration – Forum Non Conveniens and Lack of Personal Jurisdiction” in Forum Shopping in the International Commercial Arbitration Context (F. Ferrari ed.) (Sellier European Law Publishers, 2013). Addressing the complex issues of forum selection in international arbitration.
• Contract and Choice, 2013 BYU L. Rev. 1 (2013) (with C. Drahozal). Exploring the contractual foundations of legal choices and dispute resolution.
• “Schiedsgerichte in Nordamericka” in Hamburger Handbuch des Exportrechts, 2nd ed. (2013) (with I. Hanefeld). Providing expertise on North American arbitration within the context of export law.
• Toward a Functional Approach to the Sovereign Equality of Nations, 53 Va. J. Int’l L. 181 (2012). A scholarly contribution to the understanding of sovereign equality in international law.
• Convergence and Divergence in International Dispute Resolution, 19 J. Disp. Res. 49 (2012). Analyzing the trends of convergence and divergence in global dispute resolution practices.
• “Zugang zum OGH aus Sicht der USA” in Der Zugang zum OGH in Zivil- und Strafsachen (Judicial Conference of the Supreme Court of Austria 2012). Offering a U.S. perspective on access to the Austrian Supreme Court.
• Arbitration Clauses in Credit Card Agreements: An Empirical Study, 9 J. Empirical L. Studies 536 (2012) (with C. Drahozal). An empirical investigation into the prevalence and impact of arbitration clauses in credit card agreements.
• TRIPS and BITS: An Essay on Compulsory Licenses, Expropriation, and International Arbitration, 13 N.C. J. L. & Tech. 149 (online ed.) (2012). Examining the intersection of intellectual property rights, investment treaties, and arbitration.
• “Zugang zum Hoechstgericht aus Sicht der USA” in Zugang zum OGH in Zivil- und Strafsachen (Manz., 2012). Further insights into U.S. perspectives on international judicial access.
• Contract and Procedure, 94 Marq. L. Rev. 1103 (2011) (with C. Drahozal). Analyzing the procedural aspects of contract law and dispute resolution.
• Samantar, Official Immunity and Federal Common Law, 15 Lewis & Clark L. Rev. 589 (2011). Examining the complexities of official immunity and federal common law.
• Samantar and Executive Power, 44 Vand. J. Transnat’l L. 885 (2011). Analyzing the relationship between sovereign immunity and executive power.
• Arbitration and Kompetenz, 3 Y.B. Arb. & Mediation 217 (2011). A focused study on the principle of Kompetenz-Kompetenz in arbitration.
• Decisional Sequencing, 62 Ala. L. Rev. 1 (2010). Exploring the strategic sequencing of decisions in legal and arbitration contexts.
• Arbitrating Disputes Between Companies and Individuals: Lessons From Abroad, 65 Disp. Resol. J. 30 (2010) (with A. Howard). Drawing international lessons for arbitration involving companies and individuals.
• Common Ground in the Arbitration Debate, 1 Y.B. Arb. & Mediation 1 (2009). Seeking to identify common ground in ongoing debates surrounding arbitration.
• Arbitration Reform: What We Know and What We Need to Know, 10 Cardozo J. Conflict Resol. 579 (2009). Assessing the state of arbitration reform and future research needs.
• Introduction: The Constitutional Law of International Commercial Arbitration, 38 Ga. J. Int’l & Comp. L. 1 (2009). An introductory exploration of the constitutional dimensions of international commercial arbitration.
• Medellin, Delegation and Conflicts (of Law), 17 Geo. Mason L. Rev. 191 (2009). Analyzing legal conflicts and delegation issues in the context of international law.
• “Schiedsgerichte in Nordamerika” in Hamburger Handbuch des Exportrechts (Dieckmann, 2009) (with Inka Hanefeld). Contributing expertise on North American arbitration to a handbook on export law.
• “United States Arbitration Law,” in Practitioner’s Handbook on International Arbitration, 2nd ed. (Oxford 2008) (with Rachael Kent and Christian Henel). Providing practical guidance on U.S. arbitration law for practitioners.
• Who Can be Against Fairness: The Case Against the Arbitration Fairness Act, 9 Cardozo J. Conflict Res. 1201 (2008). A critical analysis of the Arbitration Fairness Act and its implications.
• Whither Arbitration?, 6 Georgetown J. L & Pub. Pol’y 549 (2008). Reflecting on the future direction and evolution of arbitration.
• Arbitration and Article III, 61 Vanderbilt L. Rev. 1189 (2008). Examining the constitutional relationship between arbitration and Article III of the U.S. Constitution.
• Discovery, Judicial Assistance and Arbitration: A New Tool for Cases Involving American Entities?, 25 J. Int’l. Arb.171 (2008). Analyzing the use of discovery and judicial assistance in international arbitration involving U.S. entities.
• Clerks, 74 U. Chi. L. Rev. 369 (2007). A study on the role and influence of judicial clerks.
• “Post-Hague Hangover: Three Predictions About the Future of the Law Governing the Enforcement of Foreign Judgments and Arbitral Awards,” in European Union Issues from a Portuguese Perspective (The Catholic University of America, Columbus School of Law 2007). Offering predictions on the future of international enforcement mechanisms.
• Market Solutions to Market Problems: Re-examining Arbitral Immunity as a Solution to Unfairness in Securities Arbitration, 26 Pace L. Rev. 113 (2005). Exploring market-based solutions to address fairness concerns in securities arbitration.
• Miranda and Reasonableness, 32 Am. Crim. L. Rev. 1011 (2005). Analyzing the legal principle of reasonableness in the context of Miranda rights.
• Apprendi, Blakely and Federalism, 50 S.D. L. Rev. 427 (2005). Examining the federalism implications of key Supreme Court decisions.
• Toward a Contractual Approach to Arbitral Immunity, 39 Ga. L. Rev. 151 (2004). Advocating for a contractual framework for understanding arbitral immunity.
• An End of Term Exam: OT 2003 at the United States Supreme Court, 54 Cath. U. L. Rev. 151 (2004) (with Nicole Angarella). A review of the Supreme Court’s term and its key decisions.
• The Standard of Review for the Voluntariness of a Confession on Direct Appeal in Federal Court, 63 U. Chi. L. Rev. 1311 (1996). A detailed legal analysis of evidentiary standards in federal courts.

Other Publications

Beyond books and scholarly articles, Peter B’s contributions extend to other significant publications, demonstrating his engagement with current legal issues and debates.

• The Case Against the Arbitration Fairness Act, Dispute Resolution Magazine (Fall 2009). A concise argument against the Arbitration Fairness Act.
• What is the Definition of an “Organ” Under the Foreign Sovereign Immunities Act?, 34 Supreme Court Preview 351 (2007). Analyzing a key definitional issue within the Foreign Sovereign Immunities Act.
• Termorio and the Problem of Local Standards Annulments , Transnational Dispute Management (Sept. 2006) (with Barney Ford). Addressing issues related to local standards in international dispute management.
• Looking Ahead: October Term 2006, Cato Sup. Ct. Rev. 361 (2006). Providing insights into the upcoming Supreme Court term.
• Apprendi and Federalism, 18 Fed. Sent. Rep. 100 (Dec. 2004). Further analysis of the federalism implications of the Apprendi decision.
• Review of Douglas Walton’s Legal Argumentation and Evidence, 58 Rev. Metaphysics 208 (2004). Engaging with contemporary legal scholarship through book reviews.
• Private Modifications of the Ground for Judicial Review of Arbitral Awards: A Question of Institutions, 18 Mealey’s Int’l Arb. Rep. 35 (Oct. 2003). Examining institutional aspects of judicial review in arbitration.
• On the Importance of Institutions: Judicial Review of Arbitral Awards for Legal Errors, 19 J. Int’l Arb. 81 (Apr. 2002). Highlighting the crucial role of institutions in arbitration and judicial review.

Briefs to the Supreme Court and Other Courts

Peter B’s expertise is further demonstrated by his involvement in significant legal cases, including briefs submitted to the Supreme Court of the United States and other courts.

Supreme Court of the United States

• Briefed and Argued as Amicus Curiae appointed by the Supreme Court in successful defense of the judgment below in Irizarry v. United States, 76 U.S.L.W. 4401 (2008).
• Brief Amicus Curiae on behalf of the Chamber of Commerce of the United States of American in support of certiorari in Am. Isuzu Motors, Inc. v. Ntsebeza , 76 U.S.L.W. 3608 (2008).
• Brief Amicus Curiae on behalf of the Chamber of Commerce of the United States of America, the National Association of Manufacturers, and the American Chemistry Council in support of certiorari in Dow Chem. Co. v. United States, 127 S.Ct. 1251 (2007).
• Brief Amicus Curiae on behalf of the Chamber of Commerce of the United States of America , the National Association of Manufacturers in support of certiorari in Coltec Indus. v. United States, 127 S.Ct. 1261 (2007).
• Brief Amicus Curiae on behalf of the National League of Cities and the International Municipal Lawyers’ Association in support of certiorari in City of Mesa v. Petersen, 543 U.S. 814 (2004).
• Petition for a writ of certiorari and reply brief in Fitzpatrick v. Missouri, 127 S.Ct. 729 (2006).
• Petition for a writ of certiorari and reply brief in Fuse v. United States, 544 U.S. 990 (2005).

Other Courts

• Brief Amicus Curiae for the National Foreign Trade Council, the Chamber of Commerce of the United States , the United States Council for International Business, the National Association of Manufacturers and the Organization for International Investment in the United States in Sinaltrainal v. Coca-Cola Co., 256 F. Supp. 2d 1345 (11th Cir. 2005).
• Brief Amicus Curiae for the National Association of Manufacturers and the Association of Equipment Manufacturers in FMS, Inc. v. Volvo, 349 F.3d 376 (7th Cir. 2003).
• Appellant’s Brief, Reply Brief and Supplemental Brief on behalf of Appellant in Hairston v. United States (D.C. Cir.).
• Appellant’s Brief, Reply Brief and Transfer Petition on behalf of Appellant in Fitzpatrick v. State, 193 S.W.3d 280 (Mo. App. 2006).

Expert Witness and Consultant Roles

Peter B’s practical legal expertise is further underscored by his roles as an expert witness and consultant in significant legal and commercial contexts.

Testimony

• Senate Judiciary Committee, Subcommittee on the Constitution–Arbitration Fairness Act (December 2007). Providing expert testimony on the Arbitration Fairness Act.
• House Judiciary Committee, Subcommittee on Commercial and Administrative Law–Arbitration Fairness Act (October 2007). Sharing expertise before the House Judiciary Committee.

Consultant Work

• Served as consulting expert for a major European corporation in an international commercial arbitration arising out of an investment in Eastern Europe.
• Served as consulting expert for a major German telecommunications company concerning validity of service of process under Hague Service Convention and specialized federal statute governing non-resident patent holders.
• Served as consulting and testifying expert for an international business consortium concerning issues of sovereign immunity and diplomatic immunity.

Conclusion

Peter B’s extensive body of work solidifies his position as a leading voice in international civil litigation and arbitration. His publications, legal advocacy, and expert consultation demonstrate a profound and multifaceted understanding of international law and dispute resolution. For those seeking deep insights into these complex legal areas, the work of Peter B offers invaluable resources and perspectives.