AAA Yearbook on Arbitration and the Law - 23rd Edition

About the Editors:

STEPHEN K. HUBER is Professor Emeritus at the University of Houston Law Center, and has served as a visiting professor at the University of Texas, Rice University (Political Science), Pepperdine Law School (Dispute Resolution Program), and the University of East Africa (Dar es Salaam, Tanzania). Mr. Huber is a member of the State Bar of Texas, and the editor of Alternative Resolutions, the quarterly journal of the Dispute Resolution Section. He is the author of numerous publications relating to arbitration.

BEN H. SHEPPARD, JR. is a Distinguished Lecturer and Director of the A.A. White Dispute Resolution Center at the University of Houston Law Center. From 1969 through 2005 he practiced at Vinson & Elkins L.L.P. where he was a Partner and Co-chair of the firm's international dispute resolution practice. His practice focused on litigation and arbitration, both as counsel and as arbitrator. He has served in international and domestic arbitrations as sole arbitrator, tribunal chair, party-appointed arbitrator and on tripartite tribunals selected from institutional rosters.

He was chair of AAA/ICDR task force that promulgated the 2006 amendment to the ICDR International Arbitration Rules that established a pre-arbitral emergency arbitrator procedure. He was the author of the report and recommendation to the ABA House of Delegates in support of the 2004 Revision to the AAA/ABA Code of Ethics for Arbitrators in Commercial Disputes. He chaired one of the two working groups that promulgated the CPR Protocol on Disclosure of Documents and Presentation of Witnesses in Commercial Arbitration. He is a past chair of the Disputes Division of the ABA Section of International Law and for five years served as editor-in-chief of The International Arbitration News.

Contributing Authors:

JAMES H. CARTER is a Partner in the New York office of Dewey & LeBoeuf LLP and Co-chair of its international arbitration practice, in which he is active as counsel and as an arbitrator. He is a graduate of Yale College and Yale Law School, attended Cambridge University as a Fulbright Scholar and served as law clerk to Hon. Robert P. Anderson of the U.S. Court of Appeals for the Second Circuit. Mr. Carter is a former Chairman of the Board of Directors of the American Arbitration Association and is a member of its Nominating and Governance Committee, and during 2004-06 he was President of the American Society of International Law. He is also a former Chair of the American Bar Association Section of International Law and Practice and served as Chair of its Committee on International Commercial Arbitration. Mr. Carter has chaired both the International Affairs Council and the Committee on International Law of the Association of the Bar of the City of New York, as well as the International Law Committee of the New York State Bar Association. He has served as a member of the London Court of International Arbitration and Vice President of its North American Council and is a member of the Court of Arbitration for Sport. He is co-editor of INTERNATIONAL COMMERCIAL ARBITRATION IN NEW YORK (Oxford University Press 2010).

RUSSELL GIPS is an attorney at Vinson & Elkins LLP in the firm's commercial litigation group. He has a general litigation practice with an emphasis on energy litigation, including joint operating agreement disputes, regulatory matters, and business torts. Russell received his J.D., summa cum laude, from the University of Houston Law Center where he was a member of the Order of Coif, Order of the Barons, and the Houston Law Review. He received his undergraduate degree in advertising from the University of Texas at Austin."

MARC J. GOLDSTEIN (www.lexmarc.us) is a New York attorney whose practice includes advocacy before courts and arbitral tribunals, and service as an arbitrator and mediator. He has concentrated on international arbitration for more than two decades. He is the creator and author of the widely-read Arbitration Commentaries (http://arbblog.lexmarc.us), a member of the American Law Institute, and is on the arbitrator and mediator rosters of (among others) the AAA and its International Centre for Dispute Resolution (ICDR). He is a Fellow of the College of Commercial Arbitrators and of the Chartered Institute of Arbitrators.

MARK KANTOR currently serves as an arbitrator and mediator. Until he retired from Milbank, Tweed, Hadley & McCloy, he was a Partner in the Corporate and Project Finance Groups of the Firm. He teaches as an Adjunct Professor at the Georgetown University Law Center. He is also a Senior Research Fellow at the Vale Columbia Center for Sustainable International Investment (a joint undertaking of Columbia Law School and the Earth Institute at Columbia University). Additionally, Mr. Kantor is Editor-in-Chief of the online journal Transnational Dispute Management.

Mr. Kantor is a member of the Board of Directors of the American Arbitration Association, Chair of the DC Bar International Dispute Resolution Committee and a Fellow of The Chartered Institute of Arbitrators. He is listed in Who's Who Commercial Arbitration, Chambers USA (International Arbitration), Guide to the World's Leading Commercial Arbitration Experts and Best Lawyers in America.

Mr. Kantor is also a member of the Editorial Board of Global Arbitration Review, the Board of Editors of the Journal of World Energy Law and Business and the ADR Advisory Board of the International Law Institute. Among other publications, Mr. Kantor is the author of Valuation for Arbitration: Compensation Standards, Valuation Methods and Expert Evidence (Kluwer 2008), named Best Book of 2008 in the OGEMID Awards, and "A Code of Conduct for Party-Appointed Experts in International Arbitration – Can One be Found?' 26 Arbitration International 323 (2010), named Best International Dispute Resolution Article of 2010 in the OGEMID Awards. Additional information at www.mark-kantor.com.

DANA C. MACGRATH is Senior Counsel in the litigation and international arbitration group of Allen & Overy LLP in New York. She represents clients in international commercial arbitrations under various arbitration rules and subject to different substantive and procedural laws. Dana also has served as an arbitrator in ICC arbitrations. Her experience covers industries such as oil and gas, telecommunications, finance and joint ventures. Dana represents parties in litigation regarding the enforceability of arbitration agreements and arbitral awards under the New York Convention, disputes regarding forum selection and choice of law clauses, sovereign immunity and discovery in the international context. Ms. MacGrath is “[p]raised by both clients and peers for ‘her high-quality legal advice and commitment to clients.’” Chambers USA 2010. She teaches a seminar on International Commercial Arbitration at Brooklyn Law School and coaches the Brooklyn Vis Moot team. She received her J.D. from New York University School of Law.

LUIS M. MARTINEZ Vice President of the International Centre for Dispute Resolution, (ICDR) the international division of the American Arbitration Association, (AAA). Mr. Martinez is also the President of the Inter-American Commercial Arbitration Commission, (IACAC).

Luis M. Martinez is the Vice President of the International Centre for Dispute Resolution located in New York. Mr. Martinez serves as an integral part of the ICDR's international strategy team and is responsible for international arbitration and mediation business development for the North-East (from Washington, D.C. to Maine, including New York City) and Central and South America.

Mr. Martinez in his capacity as President of the IACAC is responsible for the oversight of its network of arbitral centers throughout the Americas and as the only institution that is expressly included in the Inter-American Convention on International Commercial Arbitration conducts numerous arbitration and mediation initiatives throughout the hemisphere aimed at developing the ADR culture.

Mr. Martinez joined the AAA in 1996 as the first attorney hired to staff the newly created ICDR and later served as the ICDR's first director. For the last several years Mr. Martinez worked as the Vice President responsible for the ICDR's international administrative services and prior to that he held the position of a staff attorney for the AAA's Office of the General Counsel before assuming his current position.

Luis M. Martinez  received a Bachelor’s Degree from Georgian Court College and a Juris Doctor degree from St. John's University School of Law. He has had several articles published on international arbitration and has appeared as a speaker in numerous programs throughout the world. Mr. Martinez is admitted to practice law in the State of New York and the State of New Jersey. He is fluent in Spanish.

WALTER MAYER is the Associate General Counsel – Litigation at Petrohawk Energy Corporation. He is Co-Chair of the Energy Litigation Committee for the ABA Section of Litigation. Walter acted as Editor-in-Chief of the Energy Litigation Journal for which he was named Outstanding Subcommittee Chair. Mr. Mayer was named a “Texas Rising Star” in civil defense litigation in Texas Monthly. He previously practiced at Vinson & Elkins in Houston specializing in energy litigation and international dispute resolution. He received his J.D. from the University of Virginia.

SANDRA PARTRIDGE is a Vice President at the American Arbitration Association where she speaks and writes for public anrivate sector audiences on a variety of ADR-related topics and assists businesses develop ADR programs.

Ms. Partridge has been a featured speaker on various arbitration and mediation topics at the ABA Arbitrator Training 2010, the ABA Business Law Annual Conference and the Dispute Resolution Section of the American Bar Association.

She received her JD from the Dickinson School of Law at Pennsylvania State University where she studied with Professor Thomas Carbonneau, world-renowned arbitration scholar, and served as co-editor of AAA Handbooks on Arbitration, Mediation, and International Arbitration.

Ms. Partridge is a previous winner of the American Bankruptcy Law Journal Prize. She served as Senior Editor of the Journal of American Arbitration and competed in the Vis International Arbitration Moot. She is a member of the Pennsylvania Bar, New York Bar, and American Bar Association.

JOHN M. TOWNSEND is a Partner in the Washington office of Hughes Hubbard & Reed LLP and chairs that firm's Arbitration and ADR Group. He was the Chairman of the Board of Directors of the American Arbitration Association from 2007 to 2010 and previously chaired the AAA's Executive Committee and Law Committee. Mr. Townsend was named by President Bush to the Panel of Arbitrators of ICSID. He is a Trustee as well as a member of the Arbitration and Competition Law Committees of the U.S. Council for International Business and chairs the U.S. Council's European Privilege Task Force. He was the first Chair of the Mediation Committee of the International Bar Association (2005-2006), and is also a member of the American Law Institute and of the College of Commercial Arbitrators. Mr. Townsend is a graduate of Yale University (B.A., 1968) and Yale Law School (J.D., 1971).

E. RAINBOW WILLARD is in the litigation and international arbitration group of Allen & Overy LLP in New York. Her practice focuses on representation of parties in international commercial arbitrations and in U.S. court proceedings. Rainbow is fluent in Spanish and Kaqchikel Maya and has lived and worked in Guatemala and Mexico. Ms.  Willard obtained her law degree, with high honors, from Emory University School of Law. During law school, she spent a semester studying international and Mexican law at the Universidad Panamericana in Mexico City. Prior to law school, Rainbow received a Master’s in Linguistics from the University of California, Berkeley.