Hon. Suzanne K. Nusbaum, FCIArb

"Best Judge" - 2011 Chinese National Rounds, Jessup International Moot Court

"Most Inspirational Judge," 2010 Chinese National Rounds, Jessup International Moot Court

Fellow, Chartered Institute of Arbitrators

International Law ADR Panelist for:

ICC Dispute Resolution Services
World Intellectual Property Organization (WIPO) Dispute Resolution Centre
ad hoc arbitrations under UNCITRAL Rules

International Law Professional Memberships: Click Here...

Chartered Institute of Arbitrators
- North America Branch, Northern California Chapter Chair
USCIB
- Arbitration & ADR Committee
American Bar Association, International Law Section
- International Mediation Committee
- International Arbitration Committee
- Intellectual Property Law Section, ADR Committee, Vice Chair 2011-2012
Arbitral Women
Australasian Forum for International Arbitration (AFIA), North America Liaison 2010-2012
Friends of the Jessup
Licensing Executives Society International (LESI)
- Dispute Resolution Committee, Copyright Licensing Committee Vice Chair 2101-2012
Northern California International Arbitration Club (NCIAC)
State Bar of California, International Law Section

International Dispute Resolution Experience: Click Here...

Public International Law. Judge, Chinese National Rounds of the Jessup International Moot Court Competition, Orals and Memorials in Jinan, China, February, 2011.

Convention in the International Sale of Goods (CISG), Arbitrator, Willem C. Vis (West) International Arbitration Moot, Memorials, Vienna 2011.

Immigration. Claims by a former spouse for support for herself and her two adult children not of the marriage pursuant to Affidavits of Support under § 213A of the Immigration and Nationality Act. Issues of the res judicata effect of the divorce judgment rendered pursuant to a settlement providing for the termination of spousal support, mitigation of damages, attorney fees and costs. Amount in controversy $130,000 with continuing support claims. Early Settlement Conference Neutral, Superior Court of California, Santa Clara County.

Montreal Convention; Personal Injury- Airline; Premises Liability. Claims of personal injury arising out of a slip and fall while disembarking from an international airplane flight. Issues involved liability of the international carrier for an “accident” under the Montreal Convention, Article 17; Special Drawing Rights limitation of liability under the Montreal Convention, Article 21; public entity liability under California Government Code § 815; pre-existing condition, medical causation and the nature and extent of disability; and Medicare/Medi-Cal recoupment, 42 CFR § 411.37. Early Neutral Evaluator, U.S. District Court for the Northern District of California ADR Program.

Breach of Contract/Domain Names. Claims arising under an international exclusive distributor agreement for DNA test kits. Issues involved refunds, indemnification, use of domain names and website representations about the product. Parties: United States and United Kingdom. Choice of Law: State of California and U.S. Forum Selection: Santa Clara County. Mediator, ad hoc mediation.

Public International Law. Judge, Chinese National Rounds of the Jessup International Moot Court Competition orals and memorials in Beijing, China 2010.

Convention on the International Sale of Goods (CISG), Arbitrator, Willem C. Vis (West) International Arbitration Moot, Memorials, Vienna 2010.

Convention on the International Sale of Goods (CISG), Arbitrator, Willem C. Vis (East) International Arbitration Moot, Memorials, Hong Kong, 2010.

Convention in the International Sale of Goods (CISG). Arbitrator, Willem C. Vis (East) International Arbitration Moot, Hong Kong, Memorials 2009

Public International Law. Judge, Chinese National Rounds of the Jessup International Moot Court Competition orals and memorials in Xiamen, February 2009

Convention in the International Sale of Goods (CISG). Arbitrator, Willem C. Vis (East) International Arbitration Moot, Hong Kong, Orals and Memorials, 2008

Public International Law. Judge, Chinese National Rounds of the Jessup International Moot Court Competition, Orals and Memorials in Beijing 2008

Convention in the International Sale of Goods (CISG). Arbitrator, Willem C. Vis (East) International Arbitration Moot, Hong Kong, Orals and Memorials 2007

Public International Law. Judge, Chinese National Rounds of the Jessup International Moot Court Competition, Orals and Memorials in Shenzhen 2007

Public International Law. Judge, Chinese National Rounds of the Jessup International Moot Court Competition, Orals in Beijing 2006

Delegate, Women in Law and Politics, People to People Ambassadors to People's Republic of China, 1999

With Suzanne K. Nusbaum, you will have an excellent arbitrator. Contact us.

Publications and Lectures Click Here...

International Arbitration Symposium, Sydney, Australia, Australasian Forum for International Arbitration, May 26, 2011.

"The Growth of International Mediation," CIArb Asia Pacific Conference 2011, Sydney, Australia May 28, 2011.

“Has Your ADR Neutral Met Their Disclosure Requirement?” Moderator, ABA Section of Intellectual Property Law Webinar, November 18, 2011.

The Legal Framework of an International Arbitration and the Choice of Law

Arbitration is a private mechanism, but does not take place in a legal vacuum. Typically, different systems of law interact, most notably the law governing the substance of the dispute, the law governing the arbitration process itself and the law governing the arbitration agreement.

In general, the parties are free to choose for themselves the law applicable to the substance of the dispute. Under the WIPO Arbitration Rules, when the parties fail to agree on the choice of substantive law, the tribunal applies the law that it deems appropriate. The tribunal may also decide “in equity” (as amiable compositeur or ex aequo et bono), provided that the parties have expressly authorized it to do so. (Article 59)

Law Applicable to the Arbitration: Click Here...

The law applicable to the arbitration (lex arbitri or arbitral law) is the law that governs the procedural framework, such as whether a dispute is arbitrable, the availability of interim measures of protection, the conduct of the arbitration, and the enforceability of the award. Subject to such arbitral law, parties are free to designate a set of rules governing the conduct of the arbitration, such as the WIPO Rules.

The law applicable to the arbitration is usually the law of the chosen place of arbitration. For example, if that place is Geneva, Switzerland, the arbitration will be subject to Swiss arbitration law.

Thus, in determining the place of arbitration, the parties select the arbitral law. If the parties fail to reach such agreement, under the WIPO Rules, the Center decides the place of arbitration taking into consideration any observations made by the parties and the circumstances of the arbitration (Article 39). The arbitral law need not be the same as the law applicable to the substance of the dispute. A tribunal may, for example, be subject to the arbitral law of Switzerland, but may be required, by party agreement, to apply English law to the substance of the dispute.

It is important for parties to choose an arbitral law that: Click Here...

Provides support to the arbitration where necessary: examples may relate to the taking of evidence or rendering of conservatory or interim measures;

Does not unnecessarily interfere with the pending arbitration. Today, most arbitral laws contain only a limited number of mandatory provisions and generally give deference to the arbitration rules chosen by the parties.

Law Applicable to the Arbitration Agreement Click Here...

The validity of the arbitration agreement is normally governed by the law applicable to the contract of which it forms part, or, more generally, the law applicable to the substance of the dispute. Under the WIPO Arbitration Rules, an arbitration agreement is effective if it conforms to the law applicable to the substance or to the law applicable to the arbitration. (Article 59(c)).

Selection of Arbitrator Click Here...

Under the WIPO Rules, either party may select Suzanne K. Nusbaum to serve on a three arbitrator tribunal, (Art. 17(b)), or the parties may jointly request her appoint as the sole arbitrator. (Art. 16a.)

For further information, contact us.

Suzanne K. Nusbaum honored to serve on the international panel of leading arbitrators,
arbitration lawyers and academics at the Vis Arbitral Moot: Click Here...

The Vis Moot is held annually in Vienna and Hong Kong. Suzanne K. Nusbaum has arbitrated the memoranda for the Annual Willem C. Vis International Commercial Arbitration Moot, in Vienna and the Willem C Vis (East) Moot in Hong Kong for a number of years.

The Vis Arbitral Moot fosters the study of international commercial law and arbitration for resolution of international business disputes, helping to train law students in methods of alternative dispute resolution. All proceedings, written and oral, are in English. Students research and write Memoranda for Claimant and Respondent for a hypothetical arbitration problem involving the UN Convention on the International Sale of Goods (CISG) and the UNCITRAL Model Law.

The arbitration hearings are designed to reflect real-world arbitration proceedings as far as possible. Suzanne K. Nusbaum is pleased to congratulate the students from all law schools who have participated in the Vis Moot over the years.

The Vis Arbitral Moot is an event of major importance. It is the place where the next arbitration generation is being raised and molded - a place where you find the future arbitration professionals, possibly even the stars of tomorrow. It is also a place where a true transnational culture of arbitration is being developed. Suzanne K. Nusbaum was pleased and honored to be associated with and to have contributed to such a truly inspiring event.

For more information about WIPO's ADR services, see the WIPO Arbitration and Mediation Center's website