John Gotanda is Professor of Law, Associate Dean for Academic Affairs and Faculty Research, and Director of the J.D./M.B.A. Program at Villanova University School of Law. His 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. Professor Gotanda's 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, the Oxford University Comparative Law Forum, and the Vanderbilt Journal of Transnational Law. His scholarly writings have been cited by courts, tribunals and commentators, including most recently by U.S. Supreme Court (in Exxon Shipping Co. v. Baker, 554 U.S. ___ (June 25, 2008), 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 spoken widely on the subject of damages in international law. In 2007, he gave a series of lectures on damages at the prestigious Hague Academy of International Law, which was published in 326 Recueil des Cours 73-407 (2007). He also recently spoke at the ICC Institute of World Business Law in Paris, the ICC-UK Annual Meeting in London, the University of Birmingham in England, Gray's Inn in London (at the invitation of the British Institute of International and Comparative Law), Tokyo University, University of Stockholm, Wuhan University in China, and the Geneva Master in International Dispute Settlement Program (University of Geneva and the Graduate Institute of International and Development Studies). In addition, he has been quoted in the NEW YORK TIMES and the INTERNATIONAL HERALD TRIBUNE, and has appeared on the nationally syndicated program NPR Marketplace. 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, as well as for private parties involved in international investment disputes. He is a member of the Advisory Council of the United Nations Conventions on Contracts for the International Sale of Goods (CISG) and the Rapporteur for the Council’s Opinion on Calculating Damages under the CISG. He also is a member of the Academic Council of The Institute for Transnational Arbitration, an Associate Editor of Transnational Dispute Management, and an Associate Member of the ICC Institute of Wolrd Business 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.
Articles
When Recessions Create Windfalls: The Problems of Using Domestic Law to Fix Interest Rates under Article 78 CISG, The Vindobona Journal of International Commercial Law and Arbitration (Conference in Honor of Peter Schlechtriem) (2009)
The Unpredictability Paradox: Punitive Damages and Interest in International Arbitration, Journal of World Investment and Trade (2009)
Assessing Damages in International Commercial Arbitration: A Comparison with Investment Treaty Disputes, Investment Treaty Law: Current Issues III (British Institute of International & Comparative Law) (2009)
Interest as Damages (with T. Senechal) (with Thierry J. Senechal), Columbia Journal of Transnational Law (2009)
In this article, we posit that when arbitral tribunals decide international disputes, they typically fail...
A Study of Interest, Dossiers of the ICC Institute of World Business Law (2008)
In recent years, a number of tribunals, mainly those deciding investment disputes, have re-examined traditional...
Books
Contributions to Books
Compounding Interest in Interest: The Global Economy, Deflation and Interest, Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2009 (2009)
Using the UNIDROIT Principles to Fill Gaps in the CISG, Contract Damages: Domestic and International Perspectives (Hart Publishing) (2008)
The United Nations Convention on the International Sale of Goods (CISG) sets forth only a...