Professor Gotanda discusses the CISG framework of economic remedies and controversies concerning three particular issues - attorney's fees, proof of damages and interest rate. Professor Gotanda proposes a new interpretative approach to settling these issues in line with the CISG Article 7.
John Y. Gotanda
Professor Gotanda's scholarly interests focus on damages in international law and international commercial arbitration. His book Supplemental Damages in Private International Law was published in 1998 by Kluwer Law International, the world's largest publisher of international legal materials. It is a contemporary book that undertakes a comparative study of the laws in Europe, North America, Latin America, the Middle East and Asia on various damages (including interest, attorneys' fees, and punitive damages), and examines treaties and conventions, arbitral rules, trade usage, general principles of law, scholarly writings and the decisions of international tribunals on the awarding of these damages in private international law.
His articles have been published in the American Journal of International Law, the Columbia Journal of Transnational Law, the Harvard International Law Journal, Law & Policy in International Business, the Michigan Journal of International Law, Vanderbilt Journal of Transnational Law, and the Oxford University Comparative Law Forum. Professor Gotanda's scholarly writings have been cited by courts, tribunals and commentators, including most recently by U.S. courts of appeals for the second, ninth and eleventh circuits, U.S. district courts in Illinois and the District of Columbia, arbitral panels deciding cases under the rules of the International Chamber of Commerce, and tribunals deciding cases under the International Centre for Settlement of Investment Disputes (ICSID).
Professor Gotanda has served as an expert on damages for the U.S. Department of Justice, the U.S. State Department, and the Office of the U.S. Trade Representative. He also has been invited to give a series of lectures at the prestigious Hague Academy of International Law.
Professor Gotanda received his J.D. from the William S. Richardson School of Law, where he was Editor-in-Chief of the University of Hawaii Law Review. Following law school, he was a staff attorney with the United States Court of Appeals for the District of Columbia Circuit. He then worked as an associate attorney with Covington & Burling in Washington, D.C., and later with Goodwin, Procter & Hoar in Boston before joining the faculty in 1994.
Professor Gotanda is admitted to practice in Hawaii, the District of Columbia and Massachusetts. He is also a member of the American Society of International Law, the ABA Section on International Law and Practice, the London Court of International Arbitration, and the International Law Association.
For additional reading - the relevant case law and scholarly writings - see:
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