Baker & McKenzie International Arbitration Yearbook: 2014-2015
Author(s):
ISBN:
978-1-937518-72-1
Page Count:
528 pages
Published:
March, 2015
The Baker and McKenzie International Arbitration Yearbook 2014-2015 covers 45 jurisdictions and is organized by country. As in past years, the first section (Part A) describes important recent developments and trends in national legislation and practice affecting the conduct of international arbitration. The second section (Part B) refers to noteworthy case law in each country, and a third section (Part C) focuses on an important current topic in international arbitration.
This year's topic is local arbitration institutions. Each jurisdiction was invited to describe the history and background of its local institutions, the types of disputes handled, and the most recent available statistics for numbers of disputes handled. Each jurisdiction was also asked to set out the key features of arbitration in each institution, such as its position on the confidentiality of arbitration, the availability of expedited procedures and consolidation of disputes, and any time limits for rendering of the award. Jurisdictions were also invited to describe how costs and fees are typically dealt with by the institution and to mention any special or unusual features of its procedure.
The diversity and breadth of Baker & McKenzie is clearly displayed in these chapters. The Baker and McKenzie International Arbitration Yearbook 2014-2015 provides critical commentary about world-wide developments in this fascinating field of law that directly affects the risks and challenges of doing business locally and internationally and managing the disputes that follow.
PDF of Title Page and T.O.C.
Foreword
About the 2014-2015 B&M Yearbook Editors
Yearbook Topics
Abbreviations and Acronyms
Santiago L. Capparelli and Julian Bordacahar
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Stipulation to Court with Jurisdiction to Annul an Award
B.2 Annulment of Partial Awards
C. Local Arbitration Institutions
C.1 Buenos Aires Stock Exchange Arbitral Tribunal
C.2 Managerial Mediation and Arbitration Centre
C.3 Centre of Mediation and Arbitration (“CEMARC”)
C.4 Arbitral Chamber of the Buenos Aires Grain Exchange
Leigh Duthie, Jo Delaney and Erika Williams
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Third Parties in International Arbitration
B.2 Public Policy and the Scope of Natural Justice
B.3 Execution of Awards against Assets in Australia
C. Local Arbitration Institutions
C.1 Australian Centre for International Commercial
Arbitration (“ACICA”)
C.2 Australian Maritime and Transport Arbitration
Commission (“AMTAC”)
C.3 The Institute of Arbitrators and Mediators
Australia (“IAMA”)
Stefan Riegler and Alexander Zollner
A. Legislation, Trends and Tendencies
A.1 Legislation
B. Cases
B.1 The Notion of Consumer in the Context of Austrian
Arbitration
B.2 Challenged Arbitrator Entitled to Aliquot Fees
B.3 Relevance of Failure to Disclose
C. Local Arbitration Institutions
C.1 Vienne International Arbitral Centre
Alexander Korobeinikov
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
C. Local Arbitration Institutions
C.1 The IAC
Koen De Winter and Michaël De Vroey
A. Legislation, Trends and Tendencies
B. Cases
B.1 Provisional or Protective Measures Before or During
Arbitration Proceedings
C. Local Arbitration Institutions
C.1 CEPANI
C.2 Others
Joaquim T. de Paiva Muniz, João Marçal R. Martins da Silva,
Luis Alberto Salton Peretti and Giovanny Ferreira Russo
A. Legislation, Trends and Tendencies
A.1 New Civil Procedure Code to Favor Arbitration in
Brazil
A.2 Reform Bill for the Brazilian Arbitration Act Pending
A.3 CISG Officially In Force in Brazil
A.4 Special ADR Courts to Be Created in Brazil
B. Cases
B.1 Recognition of an Arbitration Award Not Enforced
at the Seat
B.2 Recognition of Unreasoned Arbitration Awards
C. Local Arbitration Institutions
C.1 São Paulo
C.2 Rio de Janeiro
C.3 Minas Gerais
C.4 Other States
Matthew J. Latella and Matt Saunders
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Limits on Review of Arbitral Decisions Involving
Contractual Interpretation
B.2 Use of Mareva Injunction to Secure an International
Arbitration Award
B.3 Enforceability of an Award Subject to Review
by the SEC
C. Local Arbitration Institutions
C.1 International Centre for Dispute Resolution (“ICDR”)
C.2 Canadian Commercial Arbitration Centre (“CCAC”)
C.3 British Columbia International Commercial
Arbitration Centre (“BCICAC”)
Antonio Ortúzar, Sr., and Rodrigo Díaz de Valdés
A. Legislation, Trends and Tendencies
A.1 Legislative Framework
A.2 Trends and Tendencies
B. Cases
B.1 Enforcement of Award Issued in Barcelona, Spain
B.2 Expert Reports within Tribunal Discretion; Foreign
Lawyers Permitted
B.3 Nullity Motion Is the Only Procedure for Challenging
an Award
C. Local Arbitration Institutions
C.1 Arbitration and Mediation Center of the Santiago
Chamber of Commerce (“AMC”)
C.2 National Center of Arbitration of Chile (“NCA”)
James Kwan, Peng Shen and Ying Wu
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 CIETAC/UNCITRAL Hybrid Arbitration Clause
Valid
B.2 KCAB Arbitration Clause Invalid
B.3 SHIAC Has Jurisdiction Where “CIETAC Shanghai
Sub-Commission” Chosen
C. Local Arbitration Institutions
C.1 China International Economic and Trade Arbitration
Commission (“CIETAC”)
Claudia Benavides, Cristina Mejia and Catalina Brando
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 The Constitutional Court Elucidates the Congruence
Principle
B.2 Only Claimant and Defendant Must Expressly
Consent to Arbitration
B.3 Sanctions for Frivolous Claim
C. Local Arbitration Institutions
C.1 Arbitration and Conciliation Center of the Chamber
of Commerce of Bogotá
Martin Hrodek and Kristína Bartošková
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Arbitration Agreements for Domain Disputes
Found Invalid
B.2 Failed Enforcement of Diag Human Arbitral Award
B.3 Award Unenforceable Due to Invalidity of Arbitration
Clause
C. Local Arbitration Institutions
Jean-Dominique Touraille, Eric Borysewicz and
Karim Boulmelh
A. Legislation, Trends and Tendencies
B. Cases
B.1 Award May Be Set Aside for Non-Disclosure by an
Arbitrator
B.2 Contrasting Approaches to Consistency of
Awards with International Public Policy
C. Local Arbitration Institutions
C.1 The ICC International Court of Arbitration
C.2 Other Local Arbitration Institutions
Ragnar Harbst, Heiko Plassmeier and Jürgen Mark
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Challenge to Arbitrator Admissible Even if Award Is
Rendered in the Meantime
B.2 Waiver of Right to Challenge an Allegedly Biased
Arbitrator
B.3 Sports Arbitration Based on Unconscionable Agreement?
―The Pechstein Case
B.4 “Ne Ultra Petita” in Arbitration
B.5 Arbitrability to Be Determined by the Law of the Forum
C. Local Arbitration Institutions
C.1 The DIS
C.2 Other Arbitration Institutions
James Kwan and Annabella Chu
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Court of First Instance Upholds Enforcement of
Foreign Arbitral Awards
B.2 Challenge to the Tribunal’s Jurisdiction and Challenge
to Set Aside an Award
B.3 Court Upholds Mainland Arbitration Award
C. Local Arbitration Institutions
C.1 The Hong Kong International Arbitration Centre
(“HKIAC”)
József Antal, Zoltán Szür and Bálint Varga
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Arbitration Clauses Are Generally Unfair in
Consumer Contracts
B.2 Arbitration Court’s Liability for Damages
C. Local Arbitration Institutions
C.1 HCCI Arbitration Court and Other Permanent
Arbitration Courts
Zia Mody and Aditya Vikram Bhat
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 The Duty of Courts to Make Arbitration Clauses Work
B.2 Fraud and Misrepresentation Are Not a Bar to
Arbitrability
B.3 Did the Court Regress on the Scope of Public
Policy?
C. Local Arbitration Institutions
C.1 LCIA India
Andi Yusuf Kadir and Putri Arnita Rahmaniar
A. Legislation, Trends and Tendencies
B. Cases
B.1 Setting Aside Domestic Arbitration Awards
C. Local Arbitration Institutions
Gianfranco Di Garbo
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Recourse to Arbitrato Rituale
B.2 No Appeal before the Court of Appeals in Cases of
Informal Arbitration
B.3 Parties Bound by Arbitral Award
B.4 Binding Timetable for Delivering the Award in
Informal Arbitration
B.5 Shareholder Disputes Not Governed by Arbitration
Clause
C. Local Arbitration Institutions
C.1 The Chamber of Arbitration Milan
C.2 Associazione Italiana per l’Arbitrato (“AIA”)
Tetsuo Kurita, Takeshi Yoshida, Yuichiro Omori,
Hinako Sugiyama, Michael Dunmore and Rieko Yamauchi
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
C. Local Arbitration Institutions
C.1 Japan Commercial Arbitration Association (“JCAA”)
Alexander Korobeinikov
A. Legislation, Trends and Tendencies
A.1 Trends and Tendencies
B. Cases
B.1 Investment Disputes
B.2 Restrictions on Local Companies Settling Disputes
in Foreign Institutions
C. Local Arbitration Institutions
C.1 The Center of Arbitration of the NCE
C.2 International Arbitration Court
C.3 Kazakhstani International Arbitrage
June Yeum, Andreea Micklis, Saemee Kim and Julie Kim
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Enforcement of Awards That Lack Specificity
B.2 Use of “May” in an Arbitration Agreement Does Not
Render It Optional
B.3 Recovery of Arbitration Costs and Expenses
C. Local Arbitration Institutions
C.1 The Korean Commercial Arbitration Board (“KCAB”)
Alexander Korobeinikov
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Narrow Interpretation of the Arbitration Clause
C. Local Arbitration Institutions
Elaine Yap and Shiyamala Devi Manokaran
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Arbitration Award Not Enforceable Without
Registration
B.2 Discretion of Court to Bridge the Limitation Period
C. Local Arbitration Institutions
C.1 Kuala Lumpur Regional Arbitration Centre (“KLRCA”)
Salvador Fonseca-González and Juan Carlos Zamora-Müller
A. Legislation Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
C. Local Arbitration Institutions
C.1 Centro de Arbitraje de Mexico (“CAM”)
C.2 Centro de Mediación y Arbitraje de la Cámara
Nacional de Comercio
Leng Sun Chan and Jo Delaney
A. Legislation Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
A.3 Draft Law
B. Cases
C. Local Arbitration Institutions
Frank Kroes and Esther Croonen
A. Legislation, Trends and Tendencies
A.1 Legislation
B. Cases
B.1 Arbitral Award under a BIT
B.2 Arbitral Agreement Unreasonably Onerous
B.3 Arbitration Agreement Not Applicable
C. Local Arbitration Institutions
C.1 The Netherlands Arbitration Institute (“NAI”)
Ana María Arrarte and Sebastián Basombrío
A. Legislation, Trends and Tendencies
A.1 Legislation
B. Cases
C. Local Arbitration Institutions
C.1 Arbitration Center of the Lima Chamber of
Commerce (“ACLCC”)
C.2 Center of Analysis and Conflict Resolution of the PUCP
Donemark J.L. Calimon and Grace Ann C. Lazaro
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Can Non-Signatories Invoke Arbitration Clauses?
B.2 Corporate Representatives of a Corporate Party
Required to Submit to Arbitration
C. Local Arbitration Institutions
C.1 Philippine Dispute Resolution Center (“PDRCI”)
Marcin Aslanowicz and Sylwia Piotrowska
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Grounds for Setting Aside an Arbitral Award
B.2 Arbitration Provisions and the Scope of the Court’s
Powers to Examine Them
C. Local Arbitration Institutions
C.1 SAKiG
Vladimir Khvalei and Irina Varyushina
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Public Procurement Contract Disputes Are Not
Arbitrable
B.2 Wide Construction of Waiver of the Right to Object
to State Court Jurisdiction
B.3 Recovery of Contractual Penalties Not a Violation
of Public Policy
B.4 Moscow Convention No Basis for International
Arbitration Proceedings
C. Local Arbitration Institutions
C.1 ICAC (Moscow)
C.2 Russian Arbitration Association (“RAA”)
Chan Leng Sun and Jennifer Fong
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Minority Oppression Claims Are Generally Not
Arbitrable
B.2 Rejection of the “Group of Companies” Doctrine
B.3 Test Where There Are Competing Arbitration and
Jurisdiction Clauses
B.4 Permanent Anti-Suit Injunctions Available for
Singapore-Seated Arbitrations
B.5 Interaction between Principle of “Temporary Finality”
and Right to Arbitrate
B.6 Clarification of the Test for the Removal of an Arbitrator
B.7 Refusal to Re-Open Proceedings to Admit
Potentially Relevant Evidence Upheld
C. Local Arbitration Institutions
C.1 SIAC
C.2 Singapore Chamber of Maritime Arbitration (“SCMA”)
Gerhard Rudolph and Darryl Bernstein
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Proposed Changes to the Arbitration Act
A.3 Trends and Tendencies
B. Cases
B.1 Clause Induced by Fraud Not Enforceable
B.2 Foreign Arbitration Clause Does Not Oust Jurisdiction
B.3 Tribunal Committed No Irregularity
B.4 Application for Declaratory Order Was Premature
C. Local Arbitration Institutions
C.1 Arbitration Foundation of Southern Africa (“AFSA”)
C.2 Association of Arbitrators (“ASA”)
C.3 Africa ADR (“AADR”)
C.4 Commission for Conciliation, Mediation and
Arbitration (“CCMA”)
José María Alonso, Alfonso Gómez-Acebo, José Ramón
Casado, Víctor Mercedes and Fernando de la Mata
A. Legislation, Trends and Tendencies
A.1 Legislation
B. Cases
B.1 Recognition and Enforcement of Foreign Arbitral
Awards
B.2 Issues Related to Evidence
B.3 Decision on Issues Not Submitted to Arbitration
B.4 Reasoning of Awards
B.5 Arbitration of Corporate Disputes and Extension of
Arbitration Agreement
B.6 Res Judicata of Arbitral Awards
C. Local Arbitration Institutions
C.1 Court of Arbitration of Madrid (“CAM”)
C.2 Barcelona Arbitration Court (“TAB”)
C.3 Civil and Mercantile Court of Arbitration (“CIMA”)
C.4 Spanish Court of Arbitration (“CEA”)
Jonas Benedictsson, Stefan Bessman and Anina Liebkind
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and tendencies
B. Cases
B.1 Violation of Public Policy
B.2 Right to Claim Compensation for Costs After the
Award Was Rendered
B.3 Signature of Agreement; Existence of an Arbitration
Clause
B.4 No Enforcement of Foreign Award against Company Not
Named on Award
B.5 Guidance on the Proceedings
B.6 Enforcement of Foreign Award
C. Local Arbitration Institutions
C.1 The Arbitration Institute of the Stockholm Chamber
of Commerce (“SCC”)
Joachim Frick, Anne-Catherine Hahn, Urs Zenhäusern
and Luca Beffa
A. Legislation, Trends and Tendencies
A.1 Guidelines for Arbitrators
A.2 Statistical Data
B. Cases
B.1 Lack of Jurisdiction Ratione Temporis
B.2 Severability of the Arbitration Agreement
B.3 Res Judicata
B.4 Lack of Jurisdiction Ratione Personae
B.5 Grounds for Setting Aside Interim Awards
C. Local Arbitration Institutions
C.1 The Swiss Chambers’ Arbitration Institution (“SCAI”)
Tiffany Huang, Amber Hwang and Jonathan Ho
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Requirement to Provide the Parties with Opportunities
to State Their Opinions
C. Local Arbitration Institutions
C.1 The CAA
Chirachai Okanurak, Pisut Attakamol and Timothy Breier
A. Legislation, Trends and Tendencies
B. Cases
B.1 Enforcement of Arbitral Awards
B.2 Scope of Parties’ Right to Seek Court’s Assistance
during Arbitration
B.3 Challenge to Tribunal’s Discretion in Order to
Set Aside Arbitral Award
B.4 Stats of Judgment of the Court of First Instance
in Arbitral Proceedings
C. Local Arbitration Institutions
C.1 TAI
Ismail G. Esin, Ozgun Celebi and Dogan Gultutan
A. Legislation, Trends and Tendencies
A.1 Legislation
B. Cases
B.1 Contrasting Decisions on Hybrid Jurisdiction Clauses
B.2 Cost Award against Successful Party Not Contrary to
Turkish Public Policy
C. Local Arbitration Institutions
C.1 TICC Arbitration Center
C.2 Turkish Union of Chambers and Commodity Exchanges’
Court of Arbitration (“TUCCE”)
Igor Siusel, Olga Shenk, Kseniia Pogruzhalska and
Vladyslav Kurylko
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Burden of Proving Grounds for Refusal of
Recognition of Arbitral Award
B.2 Arbitration Clause in Main Agreement Retains
Its Binding Force for the Assignee
B.3 Ukrainian Debtor Seeks to Avoid Enforcement
Based on Lack of Authority of Counsel
C. Local Arbitration Institutions
C.1 The ICAC and the UCCI
C.2 The MAC and the UCCI
Gordon Blanke and Soraya Corm-Bakhos
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Extensions of Time in DIAC Arbitrations
B.2 Recognition and Enforcement of Domestic and
Foreign Awards
C. Local Arbitration Institutions
C.1 Dubai International Arbitration Centre (“DIAC”)
C.2 DIFC-LCIA Arbitration Centre
C.3 The Abu Dhabi Commercial Conciliation &
Arbitration Centre (“ADCCAC”)
Ed Poulton, Ekaterina Finkel and Louise Oakley
A. Legislation, Trends and Tendencies
B. Cases
B.1 Friendly Discussion as a Condition Precedent to
Commencing Arbitration
B.2 Pathological Arbitration Clause Held to Be Invalid
B.3 A High Threshold in Defining the Parties to an
Arbitration Agreement
B.4 Courts of the Seat Appropriate Courts to Grant a
Worldwide Freezing Order
B.5 The Test of a “More Difficult” Enforcement
B.6 Exhausting Arbitral Remedies before Challenging
an Award
B.7 Issue Estoppel to Bar Enforcement
B.8 Post-Award Interest Where Award Annulled at the Seat
C. Local Arbitration Institutions
C.1 London Court of International Arbitration (the “LCIA”)
Matthew Allison, Justin Marlles and Kyle Richard Olson
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Local Litigation Requirement in UK-Argentina BIT is
Procedural
B.2 Incorporation of Clause by Reference; No Waiver
by Co-Defendants’ Conduct
B.3 Second Circuit Raises Threshold Required to
Show Personal Jurisdiction
B.4 NY Convention Time Bar Does Not Apply to English
Judgment Based on Award
B.5 Availability of Class Arbitration Must Generally Be
Determined by Courts
C. Local Arbitration Institutions
C.1 ICDR
C.2 JAMS
C.3 CPR
Alexander Korobeinikov
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Investment Arbitration Cases
B.2 Uzbek Court Practice Relating to Arbitration
C. Local Arbitration Institutions
C.1 The DAC and IAC
Henry Torrealba and Edmundo Martínez
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
C. Local Arbitration Institutions
C.1 Arbitration Center of the Caracas Chamber
(“CACC”)
C.2 Business Center for Conciliation and Arbitration
(“CEDCA”)
Frederick Burke and Tran Chi Anh
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 VIAC’s Arbitral Award Upheld against a
State-Owned Shipping Company
C. Local Arbitration Institutions
C.1 Vietnam International Arbitration Center
2014-2015 BAKER & MCKENZIE YEARBOOK EDITORS
Executive Editor
Liz Williams is a Senior Professional Support Lawyer in Baker
& McKenzie’s London office with responsibility for knowledge
management and training for the Firm's Global Dispute
Resolution Practice Group. She has eight years’ experience as a
PSL and 10 years’ fee-earning experience in insurance litigation
and arbitration and general commercial dispute resolution. Ms.
Williams serves as chair of the Refugee Law Practice Group in
Baker & McKenzie’s London office and is a Fellow of the
Higher Education Academy in the UK as well as co-author of
Strong & Williams, Complete Tort Law: Text and Materials
(Oxford University Press, 2d ed., 2011.)
Editorial Committee: Baker & McKenzie International
Arbitration Group
Co-Chairs:
Grant Hanessian is a Principal in the New York office and
serves as co-chair of the Firm’s International Arbitration Group.
He has more than 25 years of experience as counsel and
arbitrator in disputes concerning energy, construction,
commodities, financial services, insurance, intellectual property
and other matters. Mr. Hanessian is Vice Chairman of the
Arbitration & ADR Committee of the United States Council for
International Business, the US national committee of the
International Chamber of Commerce (ICC); a member of the
ICC Commission on Arbitration, the ICC Task Force on
International Arbitration and Financial Institutions (co-leader on
subcommittee on Investment Disputes) and the ICC Task Force
on International Arbitration with States and State Entities, the
AAA-ICDR International Advisory Committee, the New York
State Bar Association Task Force on International Arbitration,
the International Arbitration Club of New York, the Arbitration
Committee of the International Institute for Conflict Prevention
and Resolution, the Club Español del Arbitraje, North American
Advisory Council, the London Court of International Arbitration,
and the New York City Bar Association International Law
Committee. Mr. Hanessian is editor of ICDR Awards and
Commentaries (Juris 2012), the first collection of ICDR awards,
and co-editor of the Gulf War Claims Reporter (ILI/Kluwer
1998), International Arbitration Checklists (Juris 2d ed., 2008),
and Baker & McKenzie’s North American International
Litigation & Arbitration Newsletter. He is recommended by
Chambers Global and Chambers USA, PLC Which Lawyer,
Legal 500 and International Who’s Who of Commercial
Arbitration in the field of international arbitration.
Guenter Pickrahn is a Principal in the Frankfurt office of Baker
& McKenzie, editor in chief of the German Arbitration Journal
(SchiedsVZ) and member of the advisory board of the German
Arbitration Institution (DIS), as well as a member of the LCIA.
He is co-chair of the Firm’s International Arbitration Group and
serves on the steering committee of the Firm’s Europe, Middle
East and Africa Dispute Resolution Practice Group. Dr.
Pickrahn’s arbitration practice includes all aspects of
commercial, domestic and international disputes, both as a party
representative and as an arbitrator. He has particular expertise in
post-acquisition disputes and disputes involving complex
technical issues.
Steering Committee:
José María Alonso is Managing Partner and head of the
Litigation & Arbitration Department at Baker & McKenzie's
Madrid office and member of the Steering Committee of the
International European Disputes Practice Group.
Jonas Benedictsson is a Partner in Baker & McKenzie’s
Stockholm office. His practice includes various aspects of
arbitration, litigation, alternative dispute resolution and
insolvency. Mr. Benedictsson leads Baker & McKenzie’s
Dispute Resolution Practice in Stockholm.
Claudia Benavides is a Partner in Baker & McKenzie's Bogotá
office. She heads the Dispute Resolution practice group of the
Bogotá office and represents a variety of clients in domestic and
international arbitrations.
Leng Sun Chan SC is a Principal in Baker & McKenzie Wong
& Leow, Singapore, where he serves as head of the Disputes
Group. He is Baker & McKenzie's Asia-Pacific Head of
International Arbitration.
Vladimir Khvalei is a Partner in Baker & McKenzie’s Moscow
office and heads its CIS Dispute Resolution Practice Group. Mr.
Khvalei serves as a Vice President of the ICC International Court
of Arbitration and is included in the list of arbitrators of the
arbitration institutions in Austria, Russia, Belarus, Kazakhstan
and Dubai, and as Chairman of the Board of the Russian
Arbitration Association.
James Kwan is a Partner in the Dispute Resolution Group of
Baker & McKenzie in Hong Kong, where he leads the arbitration
practice. He specializes in international commercial arbitration,
with a focus on M&A, technology, sale of goods, infrastructure,
and energy disputes; and has a range of international experience,
having represented clients in arbitrations in Hong Kong, Asia,
the Middle East, U.S. and Europe under the major institutional
rules.
Michael L. Morkin is the Managing Partner of Baker &
McKenzie's Chicago office. He advises US and non-US
companies on a broad range of international dispute resolution
issues. Mr. Morkin has handled arbitrations in Asia, Latin
America, Europe, the Caribbean and throughout the United
States under the rules of institutions including the ICC, ICDR,
UNCITRAL, AAA, London Maritime Arbitrators Association
and numerous ad hoc arbitrations. He has arbitrated disputes in
the areas of power, fuel supply, reinsurance, shipping, postacquisition,
intellectual property, construction, sports,
distribution and supply agreements and other commercial
arrangements. He is a frequent lecturer and author on a wide
variety of international disputes topics, having published articles
and chapters of texts in the US, Europe and Asia.
Joaquim T. de Paiva Muniz is a Partner in Baker &
McKenzie’s Rio de Janeiro office and a professor of Business
Law and Arbitration, teaching graduate courses at Fundação
Getúlio Vargas (FGV). Mr. Muniz is Chairman of the
Arbitration Commission of the Rio de Janeiro Bar (OAB/RJ) and
coordinator for the arbitration courses of the Rio de Janeiro Bar,
including a lato sensu graduate course. He is also Chairman of
the Rio de Janeiro section of the Brazilian Institute of Corporate
Law (IBRADEMP) and author of many articles on international
arbitration and Brazilian corporate law, including co-author of
Arbitration Law of Brazil: Practice and Procedure (Juris
Publishing 2006) and Arbitragem Internacional e Doméstica
(Forense 2009).
Edward Poulton is a Partner in the London office of Baker &
McKenzie and a member of the Firm’s Global Dispute
Resolution Practice Group. He focuses his practice on
international arbitration, complex litigation, commercial and
investment treaty arbitration and public international law. Mr.
Poulton’s experience ranges from contract and M&A disputes to
more specialist claims in the banking sector and investment
treaty claims. He has acted as advisor and advocate in many
international arbitrations under the rules of the major arbitral
institutions and serves as an arbitrator under both the ICC and
LCIA rules. Mr. Poulton’s client base covers a wide range of
sectors, including financial services, electronics, aviation and
telecommunications. He is a member of the Law Society of
England & Wales, ICC, LCIA, Young International Arbitration
Group, and Investment Protection Forum of the British Institute
of International and Comparative Law.
Regional Editors
Asia-Pacific:
Angela Ang is a Professional Support Lawyer in Baker &
McKenzie’s Hong Kong office and a Senior Associate in the
Hong Kong Dispute Resolution Group. She has represented
clients in a broad range of contentious matters in the areas of
commercial litigation, corporate insolvency and cross-border
investigations. Ms. Ang is qualified as a solicitor in Hong Kong,
Victoria (Australia) and England & Wales.
Sarah Burton is an Associate from the Sydney office of Baker
& McKenzie and is a member of the firm’s Global Dispute
Resolution Practice Group. Ms. Burton trained at the London
office of Baker & McKenzie before moving to Sydney on
qualification. She has experience of working on international
arbitration and litigation in both London and Sydney as well as
on a number of cross-border transactions. She is currently a
member of the Asia-Pacific Life Sciences Group and regularly
advises international life science clients on regulatory
compliance and product liability issues.
Jo Delaney is a Special Counsel in the Sydney office of Baker &
McKenzie and member of the Firm's Global Dispute Resolution
Group. She has 15 years’ experience in commercial, construction
and investment arbitrations under the ICC, LCIA, SIAC, AAA,
UNCITRAL and ICSID arbitration rules covering a diverse
range of industries, including energy, resources and
infrastructure, general construction and telecommunications and
information technology. Ms. Delaney is a Council member of the
Australian branch of the Chartered Institute of Arbitrators, Vice
Chair of the IPBA Arbitration and Dispute Resolution
Committee and member of the ILA Management Committee,
AFIA General Committee, ACICA, Arbitral Women, Young
ICCA, and Young ICSID.
Carinne Kamdar is an Associate from the London office of
Baker & McKenzie and a member of the Firm’s Global Dispute
Resolution Practice Group, and is currently on secondment in
Baker & McKenzie’s Singapore office. Her experience covers a
broad spectrum of contentious and non-contentious work,
including international arbitration in both London and Singapore,
commercial litigation, and public law. Ms. Kamdar is a member
of the Law Society of England & Wales the LCIA Young
International Arbitration Group and is a founding member of the
Young Public Law Lawyers Group.
Europe, Middle East and Africa:
Richard Allen is an Associate and Solicitor Advocate in the
London office of Baker & McKenzie and a member of the
Firm’s Global Dispute Resolution Practice Group. His
experience covers a broad spectrum of contentious and noncontentious
work, including commercial and competition
litigation, international arbitration, public law and regulatory
advice. The current focus of his practice is in the fields of
aviation law and public international law. He is a member of the
Law Society of England & Wales, the LCIA Young International
Arbitration Group, the Royal Institute of International Affairs
(Chatham House), the International Law Association, and the
International Legal Network of Avocats Sans Frontières.
Yindi Gesinde is an Associate and Solicitor Advocate in the
London office of Baker & McKenzie and a member of the Firm's
Global Dispute Resolution Practice Group. Her experience
covers a broad spectrum of contention and non-contentious
work, including commercial litigation, anti-bribery and corruption
investigations, trust litigation, public law, international arbitration
and regulatory advice. She is a member of the Law Society of
England & Wales, the Association of Contentious Trust and
Probate Specialists, the Young Fraud Lawyers Association, the
LCIA Young International Arbitration Group, and the Young
Public Lawyers Group.
Ben Ko is an Associate and Solicitor Advocate in the London
office of Baker & McKenzie and a member of the Firm’s Global
Dispute Resolution Practice Group. His practice consists of a
variety of contentious work, including commercial litigation,
international arbitration, and white collar crime. Mr. Ko is a
member of the Law Society of England & Wales, the LCIA
Young International Arbitration Group, and the Young Fraud
Lawyers Association.
Fiona Lockhart is an Associate in the London office of Baker &
McKenzie and a member of the Firm’s Global Dispute
Resolution Practice Group. Her experience covers a broad
spectrum of contentious and non-contentious work, including
commercial litigation, international arbitration, public law and
regulatory advice. Ms. Lockhart is a member of the Law Society
of England & Wales, the LCIA Young International Arbitration
Group and Young Public Law Lawyers Group.
Louise Oakley is an Associate in the Dispute Resolution
Department of the London office of Baker & McKenzie. Her
experience covers a broad spectrum of contentious and noncontentious
work, including commercial litigation, international
arbitration, and product liability matters. She is a member of the
Law Society of England & Wales and the LCIA Young
International Arbitration Group.
Anjuli Patel is an Associate in the London office of Baker &
McKenzie and a member of the Firm’s Global Dispute
Resolution Practice Group. She has experience of international
arbitration in London and Hong Kong, as well as experience in a
wide range of contentious and non-contentious work, including
commercial litigation, business crime and fraud, banking
litigation, construction litigation and product liability. Ms. Patel
is a member of the Law Society of England & Wales and the
LCIA Young International Arbitration Group.
Luke Richardson is an Associate and Solicitor Advocate in the
London office of Baker & McKenzie and a member of the
Firm’s Global Dispute Resolution Practice Group. His
experience covers a broad range of contentious and noncontentious
work, including commercial litigation, contentious
trusts work, public-law and regulatory advice and international
arbitration. He is a member of the Law Society of England &
Wales and the Young Public Lawyers Group.
Amy Smith is a trainee in the Dispute Resolution Department of
Baker & McKenzie’s London office, where she assists with a
broad range of matters, including commercial litigation,
international arbitration and public law work. She graduated in
2012 with an LLB in English law from the University of Bristol.
Emily Tilden-Smith is an Associate in Baker & McKenzie's
London Dispute Resolution Group and has had broad
contentious and advisory experience in general Commercial
Litigation, Arbitration, Public Law, Trusts Disputes and
Business Crime. Ms Tilden-Smith is a member of the LCIA
Young International Arbitration Group and the Young Public
Lawyers Group.
William Jones is a trainee in the Dispute Resolution Department
of Baker & McKenzie’s London office. He assists on matters in
the areas of international arbitration, enforcement of arbitration
awards, and commercial, public law and product liability
litigation.
Latin and North America:
Laura Zimmerman is an Associate in the Litigation Practice
Group of Baker & McKenzie’s New York office. Her practice
focuses mainly on international arbitration and commercial
litigation matters for foreign and domestic clients, including
work on arbitration matters administered by the ICC, ICDR, and
ICSID.
William H. Richardson, CIArb is a Partner based in the
Toronto office of Baker & McKenzie. He is a member of the
Firm’s International Arbitration Practice Group. With more than
30 years’ experience in all manner of civil litigation, Mr.
Richardson now focuses on international commercial
arbitrations, including intellectual property disputes for which he
is a recognized expert internationally. Mr. Richardson is a
Fellow of the Chartered Institute of Arbitrators (UK), the world’s
leading professional body for promoting the settlement of
disputes by arbitration, mediation and other alternative dispute
resolution methods.
David Zaslowsky has practiced in the area of international
commercial litigation and arbitration for more than 27 years. He
has appeared in various federal and state courts (trial and
appellate) throughout the United States and has participated in
arbitrations, both inside and outside the United States, before the
AAA, ICC, ICDR, Iran-United States Claims Tribunal, HKIAC
and NASD, as well as in ad hoc arbitrations. Mr. Zaslowsky
currently serves on the ICC Task Force on Decisions as to Costs.
He is included in the Chambers USA Guide for his expertise in
International Arbitration. He is also on the roster of arbitrators
for the ICDR and the AAA.
"The authors do a creditable job of providing a contemporaneous baseline of knowledge for each of the countries covered and thus a basis for high-level comparative analysis. In summary, and with some important caveats, this is a resource that is likely to provide utility to a range of individuals involved in international commerce, trade and investment. Those engaged in the negotiation of contracts, or the resolution of disputes as counsel or arbitrator, are all likely to find something of use, as are students of the subject matter."
-The Expert and Dispute Resolver (TEDR); review by Craig Kersey
Author/Editor Detail:
2014-2015 BAKER & MCKENZIE YEARBOOK EDITORS
Executive Editor
Liz Williams is a Senior Professional Support Lawyer in Baker
& McKenzie’s London office with responsibility for knowledge
management and training for the Firm's Global Dispute
Resolution Practice Group. She has eight years’ experience as a
PSL and 10 years’ fee-earning experience in insurance litigation
and arbitration and general commercial dispute resolution. Ms.
Williams serves as chair of the Refugee Law Practice Group in
Baker & McKenzie’s London office and is a Fellow of the
Higher Education Academy in the UK as well as co-author of
Strong & Williams, Complete Tort Law: Text and Materials
(Oxford University Press, 2d ed., 2011.)
Editorial Committee: Baker & McKenzie International
Arbitration Group
Co-Chairs:
Grant Hanessian is a Principal in the New York office and
serves as co-chair of the Firm’s International Arbitration Group.
He has more than 25 years of experience as counsel and
arbitrator in disputes concerning energy, construction,
commodities, financial services, insurance, intellectual property
and other matters. Mr. Hanessian is Vice Chairman of the
Arbitration & ADR Committee of the United States Council for
International Business, the US national committee of the
International Chamber of Commerce (ICC); a member of the
ICC Commission on Arbitration, the ICC Task Force on
International Arbitration and Financial Institutions (co-leader on
subcommittee on Investment Disputes) and the ICC Task Force
on International Arbitration with States and State Entities, the
AAA-ICDR International Advisory Committee, the New York
State Bar Association Task Force on International Arbitration,
the International Arbitration Club of New York, the Arbitration
Committee of the International Institute for Conflict Prevention
and Resolution, the Club Español del Arbitraje, North American
Advisory Council, the London Court of International Arbitration,
and the New York City Bar Association International Law
Committee. Mr. Hanessian is editor of ICDR Awards and
Commentaries (Juris 2012), the first collection of ICDR awards,
and co-editor of the Gulf War Claims Reporter (ILI/Kluwer
1998), International Arbitration Checklists (Juris 2d ed., 2008),
and Baker & McKenzie’s North American International
Litigation & Arbitration Newsletter. He is recommended by
Chambers Global and Chambers USA, PLC Which Lawyer,
Legal 500 and International Who’s Who of Commercial
Arbitration in the field of international arbitration.
Guenter Pickrahn is a Principal in the Frankfurt office of Baker
& McKenzie, editor in chief of the German Arbitration Journal
(SchiedsVZ) and member of the advisory board of the German
Arbitration Institution (DIS), as well as a member of the LCIA.
He is co-chair of the Firm’s International Arbitration Group and
serves on the steering committee of the Firm’s Europe, Middle
East and Africa Dispute Resolution Practice Group. Dr.
Pickrahn’s arbitration practice includes all aspects of
commercial, domestic and international disputes, both as a party
representative and as an arbitrator. He has particular expertise in
post-acquisition disputes and disputes involving complex
technical issues.
Steering Committee:
José María Alonso is Managing Partner and head of the
Litigation & Arbitration Department at Baker & McKenzie's
Madrid office and member of the Steering Committee of the
International European Disputes Practice Group.
Jonas Benedictsson is a Partner in Baker & McKenzie’s
Stockholm office. His practice includes various aspects of
arbitration, litigation, alternative dispute resolution and
insolvency. Mr. Benedictsson leads Baker & McKenzie’s
Dispute Resolution Practice in Stockholm.
Claudia Benavides is a Partner in Baker & McKenzie's Bogotá
office. She heads the Dispute Resolution practice group of the
Bogotá office and represents a variety of clients in domestic and
international arbitrations.
Leng Sun Chan SC is a Principal in Baker & McKenzie Wong
& Leow, Singapore, where he serves as head of the Disputes
Group. He is Baker & McKenzie's Asia-Pacific Head of
International Arbitration.
Vladimir Khvalei is a Partner in Baker & McKenzie’s Moscow
office and heads its CIS Dispute Resolution Practice Group. Mr.
Khvalei serves as a Vice President of the ICC International Court
of Arbitration and is included in the list of arbitrators of the
arbitration institutions in Austria, Russia, Belarus, Kazakhstan
and Dubai, and as Chairman of the Board of the Russian
Arbitration Association.
James Kwan is a Partner in the Dispute Resolution Group of
Baker & McKenzie in Hong Kong, where he leads the arbitration
practice. He specializes in international commercial arbitration,
with a focus on M&A, technology, sale of goods, infrastructure,
and energy disputes; and has a range of international experience,
having represented clients in arbitrations in Hong Kong, Asia,
the Middle East, U.S. and Europe under the major institutional
rules.
Michael L. Morkin is the Managing Partner of Baker &
McKenzie's Chicago office. He advises US and non-US
companies on a broad range of international dispute resolution
issues. Mr. Morkin has handled arbitrations in Asia, Latin
America, Europe, the Caribbean and throughout the United
States under the rules of institutions including the ICC, ICDR,
UNCITRAL, AAA, London Maritime Arbitrators Association
and numerous ad hoc arbitrations. He has arbitrated disputes in
the areas of power, fuel supply, reinsurance, shipping, postacquisition,
intellectual property, construction, sports,
distribution and supply agreements and other commercial
arrangements. He is a frequent lecturer and author on a wide
variety of international disputes topics, having published articles
and chapters of texts in the US, Europe and Asia.
Joaquim T. de Paiva Muniz is a Partner in Baker &
McKenzie’s Rio de Janeiro office and a professor of Business
Law and Arbitration, teaching graduate courses at Fundação
Getúlio Vargas (FGV). Mr. Muniz is Chairman of the
Arbitration Commission of the Rio de Janeiro Bar (OAB/RJ) and
coordinator for the arbitration courses of the Rio de Janeiro Bar,
including a lato sensu graduate course. He is also Chairman of
the Rio de Janeiro section of the Brazilian Institute of Corporate
Law (IBRADEMP) and author of many articles on international
arbitration and Brazilian corporate law, including co-author of
Arbitration Law of Brazil: Practice and Procedure (Juris
Publishing 2006) and Arbitragem Internacional e Doméstica
(Forense 2009).
Edward Poulton is a Partner in the London office of Baker &
McKenzie and a member of the Firm’s Global Dispute
Resolution Practice Group. He focuses his practice on
international arbitration, complex litigation, commercial and
investment treaty arbitration and public international law. Mr.
Poulton’s experience ranges from contract and M&A disputes to
more specialist claims in the banking sector and investment
treaty claims. He has acted as advisor and advocate in many
international arbitrations under the rules of the major arbitral
institutions and serves as an arbitrator under both the ICC and
LCIA rules. Mr. Poulton’s client base covers a wide range of
sectors, including financial services, electronics, aviation and
telecommunications. He is a member of the Law Society of
England & Wales, ICC, LCIA, Young International Arbitration
Group, and Investment Protection Forum of the British Institute
of International and Comparative Law.
Regional Editors
Asia-Pacific:
Angela Ang is a Professional Support Lawyer in Baker &
McKenzie’s Hong Kong office and a Senior Associate in the
Hong Kong Dispute Resolution Group. She has represented
clients in a broad range of contentious matters in the areas of
commercial litigation, corporate insolvency and cross-border
investigations. Ms. Ang is qualified as a solicitor in Hong Kong,
Victoria (Australia) and England & Wales.
Sarah Burton is an Associate from the Sydney office of Baker
& McKenzie and is a member of the firm’s Global Dispute
Resolution Practice Group. Ms. Burton trained at the London
office of Baker & McKenzie before moving to Sydney on
qualification. She has experience of working on international
arbitration and litigation in both London and Sydney as well as
on a number of cross-border transactions. She is currently a
member of the Asia-Pacific Life Sciences Group and regularly
advises international life science clients on regulatory
compliance and product liability issues.
Jo Delaney is a Special Counsel in the Sydney office of Baker &
McKenzie and member of the Firm's Global Dispute Resolution
Group. She has 15 years’ experience in commercial, construction
and investment arbitrations under the ICC, LCIA, SIAC, AAA,
UNCITRAL and ICSID arbitration rules covering a diverse
range of industries, including energy, resources and
infrastructure, general construction and telecommunications and
information technology. Ms. Delaney is a Council member of the
Australian branch of the Chartered Institute of Arbitrators, Vice
Chair of the IPBA Arbitration and Dispute Resolution
Committee and member of the ILA Management Committee,
AFIA General Committee, ACICA, Arbitral Women, Young
ICCA, and Young ICSID.
Carinne Kamdar is an Associate from the London office of
Baker & McKenzie and a member of the Firm’s Global Dispute
Resolution Practice Group, and is currently on secondment in
Baker & McKenzie’s Singapore office. Her experience covers a
broad spectrum of contentious and non-contentious work,
including international arbitration in both London and Singapore,
commercial litigation, and public law. Ms. Kamdar is a member
of the Law Society of England & Wales the LCIA Young
International Arbitration Group and is a founding member of the
Young Public Law Lawyers Group.
Europe, Middle East and Africa:
Richard Allen is an Associate and Solicitor Advocate in the
London office of Baker & McKenzie and a member of the
Firm’s Global Dispute Resolution Practice Group. His
experience covers a broad spectrum of contentious and noncontentious
work, including commercial and competition
litigation, international arbitration, public law and regulatory
advice. The current focus of his practice is in the fields of
aviation law and public international law. He is a member of the
Law Society of England & Wales, the LCIA Young International
Arbitration Group, the Royal Institute of International Affairs
(Chatham House), the International Law Association, and the
International Legal Network of Avocats Sans Frontières.
Yindi Gesinde is an Associate and Solicitor Advocate in the
London office of Baker & McKenzie and a member of the Firm's
Global Dispute Resolution Practice Group. Her experience
covers a broad spectrum of contention and non-contentious
work, including commercial litigation, anti-bribery and corruption
investigations, trust litigation, public law, international arbitration
and regulatory advice. She is a member of the Law Society of
England & Wales, the Association of Contentious Trust and
Probate Specialists, the Young Fraud Lawyers Association, the
LCIA Young International Arbitration Group, and the Young
Public Lawyers Group.
Ben Ko is an Associate and Solicitor Advocate in the London
office of Baker & McKenzie and a member of the Firm’s Global
Dispute Resolution Practice Group. His practice consists of a
variety of contentious work, including commercial litigation,
international arbitration, and white collar crime. Mr. Ko is a
member of the Law Society of England & Wales, the LCIA
Young International Arbitration Group, and the Young Fraud
Lawyers Association.
Fiona Lockhart is an Associate in the London office of Baker &
McKenzie and a member of the Firm’s Global Dispute
Resolution Practice Group. Her experience covers a broad
spectrum of contentious and non-contentious work, including
commercial litigation, international arbitration, public law and
regulatory advice. Ms. Lockhart is a member of the Law Society
of England & Wales, the LCIA Young International Arbitration
Group and Young Public Law Lawyers Group.
Louise Oakley is an Associate in the Dispute Resolution
Department of the London office of Baker & McKenzie. Her
experience covers a broad spectrum of contentious and noncontentious
work, including commercial litigation, international
arbitration, and product liability matters. She is a member of the
Law Society of England & Wales and the LCIA Young
International Arbitration Group.
Anjuli Patel is an Associate in the London office of Baker &
McKenzie and a member of the Firm’s Global Dispute
Resolution Practice Group. She has experience of international
arbitration in London and Hong Kong, as well as experience in a
wide range of contentious and non-contentious work, including
commercial litigation, business crime and fraud, banking
litigation, construction litigation and product liability. Ms. Patel
is a member of the Law Society of England & Wales and the
LCIA Young International Arbitration Group.
Luke Richardson is an Associate and Solicitor Advocate in the
London office of Baker & McKenzie and a member of the
Firm’s Global Dispute Resolution Practice Group. His
experience covers a broad range of contentious and noncontentious
work, including commercial litigation, contentious
trusts work, public-law and regulatory advice and international
arbitration. He is a member of the Law Society of England &
Wales and the Young Public Lawyers Group.
Amy Smith is a trainee in the Dispute Resolution Department of
Baker & McKenzie’s London office, where she assists with a
broad range of matters, including commercial litigation,
international arbitration and public law work. She graduated in
2012 with an LLB in English law from the University of Bristol.
Emily Tilden-Smith is an Associate in Baker & McKenzie's
London Dispute Resolution Group and has had broad
contentious and advisory experience in general Commercial
Litigation, Arbitration, Public Law, Trusts Disputes and
Business Crime. Ms Tilden-Smith is a member of the LCIA
Young International Arbitration Group and the Young Public
Lawyers Group.
William Jones is a trainee in the Dispute Resolution Department
of Baker & McKenzie’s London office. He assists on matters in
the areas of international arbitration, enforcement of arbitration
awards, and commercial, public law and product liability
litigation.
Latin and North America:
Laura Zimmerman is an Associate in the Litigation Practice
Group of Baker & McKenzie’s New York office. Her practice
focuses mainly on international arbitration and commercial
litigation matters for foreign and domestic clients, including
work on arbitration matters administered by the ICC, ICDR, and
ICSID.
William H. Richardson, CIArb is a Partner based in the
Toronto office of Baker & McKenzie. He is a member of the
Firm’s International Arbitration Practice Group. With more than
30 years’ experience in all manner of civil litigation, Mr.
Richardson now focuses on international commercial
arbitrations, including intellectual property disputes for which he
is a recognized expert internationally. Mr. Richardson is a
Fellow of the Chartered Institute of Arbitrators (UK), the world’s
leading professional body for promoting the settlement of
disputes by arbitration, mediation and other alternative dispute
resolution methods.
David Zaslowsky has practiced in the area of international
commercial litigation and arbitration for more than 27 years. He
has appeared in various federal and state courts (trial and
appellate) throughout the United States and has participated in
arbitrations, both inside and outside the United States, before the
AAA, ICC, ICDR, Iran-United States Claims Tribunal, HKIAC
and NASD, as well as in ad hoc arbitrations. Mr. Zaslowsky
currently serves on the ICC Task Force on Decisions as to Costs.
He is included in the Chambers USA Guide for his expertise in
International Arbitration. He is also on the roster of arbitrators
for the ICDR and the AAA.
Reviews:
"The authors do a creditable job of providing a contemporaneous baseline of knowledge for each of the countries covered and thus a basis for high-level comparative analysis. In summary, and with some important caveats, this is a resource that is likely to provide utility to a range of individuals involved in international commerce, trade and investment. Those engaged in the negotiation of contracts, or the resolution of disputes as counsel or arbitrator, are all likely to find something of use, as are students of the subject matter."
-The Expert and Dispute Resolver (TEDR); review by Craig Kersey
Table of Contents:
PDF of Title Page and T.O.C.
Foreword
About the 2014-2015 B&M Yearbook Editors
Yearbook Topics
Abbreviations and Acronyms
Santiago L. Capparelli and Julian Bordacahar
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Stipulation to Court with Jurisdiction to Annul an Award
B.2 Annulment of Partial Awards
C. Local Arbitration Institutions
C.1 Buenos Aires Stock Exchange Arbitral Tribunal
C.2 Managerial Mediation and Arbitration Centre
C.3 Centre of Mediation and Arbitration (“CEMARC”)
C.4 Arbitral Chamber of the Buenos Aires Grain Exchange
Leigh Duthie, Jo Delaney and Erika Williams
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Third Parties in International Arbitration
B.2 Public Policy and the Scope of Natural Justice
B.3 Execution of Awards against Assets in Australia
C. Local Arbitration Institutions
C.1 Australian Centre for International Commercial
Arbitration (“ACICA”)
C.2 Australian Maritime and Transport Arbitration
Commission (“AMTAC”)
C.3 The Institute of Arbitrators and Mediators
Australia (“IAMA”)
Stefan Riegler and Alexander Zollner
A. Legislation, Trends and Tendencies
A.1 Legislation
B. Cases
B.1 The Notion of Consumer in the Context of Austrian
Arbitration
B.2 Challenged Arbitrator Entitled to Aliquot Fees
B.3 Relevance of Failure to Disclose
C. Local Arbitration Institutions
C.1 Vienne International Arbitral Centre
Alexander Korobeinikov
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
C. Local Arbitration Institutions
C.1 The IAC
Koen De Winter and Michaël De Vroey
A. Legislation, Trends and Tendencies
B. Cases
B.1 Provisional or Protective Measures Before or During
Arbitration Proceedings
C. Local Arbitration Institutions
C.1 CEPANI
C.2 Others
Joaquim T. de Paiva Muniz, João Marçal R. Martins da Silva,
Luis Alberto Salton Peretti and Giovanny Ferreira Russo
A. Legislation, Trends and Tendencies
A.1 New Civil Procedure Code to Favor Arbitration in
Brazil
A.2 Reform Bill for the Brazilian Arbitration Act Pending
A.3 CISG Officially In Force in Brazil
A.4 Special ADR Courts to Be Created in Brazil
B. Cases
B.1 Recognition of an Arbitration Award Not Enforced
at the Seat
B.2 Recognition of Unreasoned Arbitration Awards
C. Local Arbitration Institutions
C.1 São Paulo
C.2 Rio de Janeiro
C.3 Minas Gerais
C.4 Other States
Matthew J. Latella and Matt Saunders
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Limits on Review of Arbitral Decisions Involving
Contractual Interpretation
B.2 Use of Mareva Injunction to Secure an International
Arbitration Award
B.3 Enforceability of an Award Subject to Review
by the SEC
C. Local Arbitration Institutions
C.1 International Centre for Dispute Resolution (“ICDR”)
C.2 Canadian Commercial Arbitration Centre (“CCAC”)
C.3 British Columbia International Commercial
Arbitration Centre (“BCICAC”)
Antonio Ortúzar, Sr., and Rodrigo Díaz de Valdés
A. Legislation, Trends and Tendencies
A.1 Legislative Framework
A.2 Trends and Tendencies
B. Cases
B.1 Enforcement of Award Issued in Barcelona, Spain
B.2 Expert Reports within Tribunal Discretion; Foreign
Lawyers Permitted
B.3 Nullity Motion Is the Only Procedure for Challenging
an Award
C. Local Arbitration Institutions
C.1 Arbitration and Mediation Center of the Santiago
Chamber of Commerce (“AMC”)
C.2 National Center of Arbitration of Chile (“NCA”)
James Kwan, Peng Shen and Ying Wu
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 CIETAC/UNCITRAL Hybrid Arbitration Clause
Valid
B.2 KCAB Arbitration Clause Invalid
B.3 SHIAC Has Jurisdiction Where “CIETAC Shanghai
Sub-Commission” Chosen
C. Local Arbitration Institutions
C.1 China International Economic and Trade Arbitration
Commission (“CIETAC”)
Claudia Benavides, Cristina Mejia and Catalina Brando
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 The Constitutional Court Elucidates the Congruence
Principle
B.2 Only Claimant and Defendant Must Expressly
Consent to Arbitration
B.3 Sanctions for Frivolous Claim
C. Local Arbitration Institutions
C.1 Arbitration and Conciliation Center of the Chamber
of Commerce of Bogotá
Martin Hrodek and Kristína Bartošková
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Arbitration Agreements for Domain Disputes
Found Invalid
B.2 Failed Enforcement of Diag Human Arbitral Award
B.3 Award Unenforceable Due to Invalidity of Arbitration
Clause
C. Local Arbitration Institutions
Jean-Dominique Touraille, Eric Borysewicz and
Karim Boulmelh
A. Legislation, Trends and Tendencies
B. Cases
B.1 Award May Be Set Aside for Non-Disclosure by an
Arbitrator
B.2 Contrasting Approaches to Consistency of
Awards with International Public Policy
C. Local Arbitration Institutions
C.1 The ICC International Court of Arbitration
C.2 Other Local Arbitration Institutions
Ragnar Harbst, Heiko Plassmeier and Jürgen Mark
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Challenge to Arbitrator Admissible Even if Award Is
Rendered in the Meantime
B.2 Waiver of Right to Challenge an Allegedly Biased
Arbitrator
B.3 Sports Arbitration Based on Unconscionable Agreement?
―The Pechstein Case
B.4 “Ne Ultra Petita” in Arbitration
B.5 Arbitrability to Be Determined by the Law of the Forum
C. Local Arbitration Institutions
C.1 The DIS
C.2 Other Arbitration Institutions
James Kwan and Annabella Chu
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Court of First Instance Upholds Enforcement of
Foreign Arbitral Awards
B.2 Challenge to the Tribunal’s Jurisdiction and Challenge
to Set Aside an Award
B.3 Court Upholds Mainland Arbitration Award
C. Local Arbitration Institutions
C.1 The Hong Kong International Arbitration Centre
(“HKIAC”)
József Antal, Zoltán Szür and Bálint Varga
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Arbitration Clauses Are Generally Unfair in
Consumer Contracts
B.2 Arbitration Court’s Liability for Damages
C. Local Arbitration Institutions
C.1 HCCI Arbitration Court and Other Permanent
Arbitration Courts
Zia Mody and Aditya Vikram Bhat
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 The Duty of Courts to Make Arbitration Clauses Work
B.2 Fraud and Misrepresentation Are Not a Bar to
Arbitrability
B.3 Did the Court Regress on the Scope of Public
Policy?
C. Local Arbitration Institutions
C.1 LCIA India
Andi Yusuf Kadir and Putri Arnita Rahmaniar
A. Legislation, Trends and Tendencies
B. Cases
B.1 Setting Aside Domestic Arbitration Awards
C. Local Arbitration Institutions
Gianfranco Di Garbo
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Recourse to Arbitrato Rituale
B.2 No Appeal before the Court of Appeals in Cases of
Informal Arbitration
B.3 Parties Bound by Arbitral Award
B.4 Binding Timetable for Delivering the Award in
Informal Arbitration
B.5 Shareholder Disputes Not Governed by Arbitration
Clause
C. Local Arbitration Institutions
C.1 The Chamber of Arbitration Milan
C.2 Associazione Italiana per l’Arbitrato (“AIA”)
Tetsuo Kurita, Takeshi Yoshida, Yuichiro Omori,
Hinako Sugiyama, Michael Dunmore and Rieko Yamauchi
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
C. Local Arbitration Institutions
C.1 Japan Commercial Arbitration Association (“JCAA”)
Alexander Korobeinikov
A. Legislation, Trends and Tendencies
A.1 Trends and Tendencies
B. Cases
B.1 Investment Disputes
B.2 Restrictions on Local Companies Settling Disputes
in Foreign Institutions
C. Local Arbitration Institutions
C.1 The Center of Arbitration of the NCE
C.2 International Arbitration Court
C.3 Kazakhstani International Arbitrage
June Yeum, Andreea Micklis, Saemee Kim and Julie Kim
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Enforcement of Awards That Lack Specificity
B.2 Use of “May” in an Arbitration Agreement Does Not
Render It Optional
B.3 Recovery of Arbitration Costs and Expenses
C. Local Arbitration Institutions
C.1 The Korean Commercial Arbitration Board (“KCAB”)
Alexander Korobeinikov
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Narrow Interpretation of the Arbitration Clause
C. Local Arbitration Institutions
Elaine Yap and Shiyamala Devi Manokaran
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Arbitration Award Not Enforceable Without
Registration
B.2 Discretion of Court to Bridge the Limitation Period
C. Local Arbitration Institutions
C.1 Kuala Lumpur Regional Arbitration Centre (“KLRCA”)
Salvador Fonseca-González and Juan Carlos Zamora-Müller
A. Legislation Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
C. Local Arbitration Institutions
C.1 Centro de Arbitraje de Mexico (“CAM”)
C.2 Centro de Mediación y Arbitraje de la Cámara
Nacional de Comercio
Leng Sun Chan and Jo Delaney
A. Legislation Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
A.3 Draft Law
B. Cases
C. Local Arbitration Institutions
Frank Kroes and Esther Croonen
A. Legislation, Trends and Tendencies
A.1 Legislation
B. Cases
B.1 Arbitral Award under a BIT
B.2 Arbitral Agreement Unreasonably Onerous
B.3 Arbitration Agreement Not Applicable
C. Local Arbitration Institutions
C.1 The Netherlands Arbitration Institute (“NAI”)
Ana María Arrarte and Sebastián Basombrío
A. Legislation, Trends and Tendencies
A.1 Legislation
B. Cases
C. Local Arbitration Institutions
C.1 Arbitration Center of the Lima Chamber of
Commerce (“ACLCC”)
C.2 Center of Analysis and Conflict Resolution of the PUCP
Donemark J.L. Calimon and Grace Ann C. Lazaro
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Can Non-Signatories Invoke Arbitration Clauses?
B.2 Corporate Representatives of a Corporate Party
Required to Submit to Arbitration
C. Local Arbitration Institutions
C.1 Philippine Dispute Resolution Center (“PDRCI”)
Marcin Aslanowicz and Sylwia Piotrowska
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Grounds for Setting Aside an Arbitral Award
B.2 Arbitration Provisions and the Scope of the Court’s
Powers to Examine Them
C. Local Arbitration Institutions
C.1 SAKiG
Vladimir Khvalei and Irina Varyushina
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Public Procurement Contract Disputes Are Not
Arbitrable
B.2 Wide Construction of Waiver of the Right to Object
to State Court Jurisdiction
B.3 Recovery of Contractual Penalties Not a Violation
of Public Policy
B.4 Moscow Convention No Basis for International
Arbitration Proceedings
C. Local Arbitration Institutions
C.1 ICAC (Moscow)
C.2 Russian Arbitration Association (“RAA”)
Chan Leng Sun and Jennifer Fong
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Minority Oppression Claims Are Generally Not
Arbitrable
B.2 Rejection of the “Group of Companies” Doctrine
B.3 Test Where There Are Competing Arbitration and
Jurisdiction Clauses
B.4 Permanent Anti-Suit Injunctions Available for
Singapore-Seated Arbitrations
B.5 Interaction between Principle of “Temporary Finality”
and Right to Arbitrate
B.6 Clarification of the Test for the Removal of an Arbitrator
B.7 Refusal to Re-Open Proceedings to Admit
Potentially Relevant Evidence Upheld
C. Local Arbitration Institutions
C.1 SIAC
C.2 Singapore Chamber of Maritime Arbitration (“SCMA”)
Gerhard Rudolph and Darryl Bernstein
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Proposed Changes to the Arbitration Act
A.3 Trends and Tendencies
B. Cases
B.1 Clause Induced by Fraud Not Enforceable
B.2 Foreign Arbitration Clause Does Not Oust Jurisdiction
B.3 Tribunal Committed No Irregularity
B.4 Application for Declaratory Order Was Premature
C. Local Arbitration Institutions
C.1 Arbitration Foundation of Southern Africa (“AFSA”)
C.2 Association of Arbitrators (“ASA”)
C.3 Africa ADR (“AADR”)
C.4 Commission for Conciliation, Mediation and
Arbitration (“CCMA”)
José María Alonso, Alfonso Gómez-Acebo, José Ramón
Casado, Víctor Mercedes and Fernando de la Mata
A. Legislation, Trends and Tendencies
A.1 Legislation
B. Cases
B.1 Recognition and Enforcement of Foreign Arbitral
Awards
B.2 Issues Related to Evidence
B.3 Decision on Issues Not Submitted to Arbitration
B.4 Reasoning of Awards
B.5 Arbitration of Corporate Disputes and Extension of
Arbitration Agreement
B.6 Res Judicata of Arbitral Awards
C. Local Arbitration Institutions
C.1 Court of Arbitration of Madrid (“CAM”)
C.2 Barcelona Arbitration Court (“TAB”)
C.3 Civil and Mercantile Court of Arbitration (“CIMA”)
C.4 Spanish Court of Arbitration (“CEA”)
Jonas Benedictsson, Stefan Bessman and Anina Liebkind
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and tendencies
B. Cases
B.1 Violation of Public Policy
B.2 Right to Claim Compensation for Costs After the
Award Was Rendered
B.3 Signature of Agreement; Existence of an Arbitration
Clause
B.4 No Enforcement of Foreign Award against Company Not
Named on Award
B.5 Guidance on the Proceedings
B.6 Enforcement of Foreign Award
C. Local Arbitration Institutions
C.1 The Arbitration Institute of the Stockholm Chamber
of Commerce (“SCC”)
Joachim Frick, Anne-Catherine Hahn, Urs Zenhäusern
and Luca Beffa
A. Legislation, Trends and Tendencies
A.1 Guidelines for Arbitrators
A.2 Statistical Data
B. Cases
B.1 Lack of Jurisdiction Ratione Temporis
B.2 Severability of the Arbitration Agreement
B.3 Res Judicata
B.4 Lack of Jurisdiction Ratione Personae
B.5 Grounds for Setting Aside Interim Awards
C. Local Arbitration Institutions
C.1 The Swiss Chambers’ Arbitration Institution (“SCAI”)
Tiffany Huang, Amber Hwang and Jonathan Ho
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Requirement to Provide the Parties with Opportunities
to State Their Opinions
C. Local Arbitration Institutions
C.1 The CAA
Chirachai Okanurak, Pisut Attakamol and Timothy Breier
A. Legislation, Trends and Tendencies
B. Cases
B.1 Enforcement of Arbitral Awards
B.2 Scope of Parties’ Right to Seek Court’s Assistance
during Arbitration
B.3 Challenge to Tribunal’s Discretion in Order to
Set Aside Arbitral Award
B.4 Stats of Judgment of the Court of First Instance
in Arbitral Proceedings
C. Local Arbitration Institutions
C.1 TAI
Ismail G. Esin, Ozgun Celebi and Dogan Gultutan
A. Legislation, Trends and Tendencies
A.1 Legislation
B. Cases
B.1 Contrasting Decisions on Hybrid Jurisdiction Clauses
B.2 Cost Award against Successful Party Not Contrary to
Turkish Public Policy
C. Local Arbitration Institutions
C.1 TICC Arbitration Center
C.2 Turkish Union of Chambers and Commodity Exchanges’
Court of Arbitration (“TUCCE”)
Igor Siusel, Olga Shenk, Kseniia Pogruzhalska and
Vladyslav Kurylko
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Burden of Proving Grounds for Refusal of
Recognition of Arbitral Award
B.2 Arbitration Clause in Main Agreement Retains
Its Binding Force for the Assignee
B.3 Ukrainian Debtor Seeks to Avoid Enforcement
Based on Lack of Authority of Counsel
C. Local Arbitration Institutions
C.1 The ICAC and the UCCI
C.2 The MAC and the UCCI
Gordon Blanke and Soraya Corm-Bakhos
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Extensions of Time in DIAC Arbitrations
B.2 Recognition and Enforcement of Domestic and
Foreign Awards
C. Local Arbitration Institutions
C.1 Dubai International Arbitration Centre (“DIAC”)
C.2 DIFC-LCIA Arbitration Centre
C.3 The Abu Dhabi Commercial Conciliation &
Arbitration Centre (“ADCCAC”)
Ed Poulton, Ekaterina Finkel and Louise Oakley
A. Legislation, Trends and Tendencies
B. Cases
B.1 Friendly Discussion as a Condition Precedent to
Commencing Arbitration
B.2 Pathological Arbitration Clause Held to Be Invalid
B.3 A High Threshold in Defining the Parties to an
Arbitration Agreement
B.4 Courts of the Seat Appropriate Courts to Grant a
Worldwide Freezing Order
B.5 The Test of a “More Difficult” Enforcement
B.6 Exhausting Arbitral Remedies before Challenging
an Award
B.7 Issue Estoppel to Bar Enforcement
B.8 Post-Award Interest Where Award Annulled at the Seat
C. Local Arbitration Institutions
C.1 London Court of International Arbitration (the “LCIA”)
Matthew Allison, Justin Marlles and Kyle Richard Olson
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Local Litigation Requirement in UK-Argentina BIT is
Procedural
B.2 Incorporation of Clause by Reference; No Waiver
by Co-Defendants’ Conduct
B.3 Second Circuit Raises Threshold Required to
Show Personal Jurisdiction
B.4 NY Convention Time Bar Does Not Apply to English
Judgment Based on Award
B.5 Availability of Class Arbitration Must Generally Be
Determined by Courts
C. Local Arbitration Institutions
C.1 ICDR
C.2 JAMS
C.3 CPR
Alexander Korobeinikov
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Investment Arbitration Cases
B.2 Uzbek Court Practice Relating to Arbitration
C. Local Arbitration Institutions
C.1 The DAC and IAC
Henry Torrealba and Edmundo Martínez
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
C. Local Arbitration Institutions
C.1 Arbitration Center of the Caracas Chamber
(“CACC”)
C.2 Business Center for Conciliation and Arbitration
(“CEDCA”)
Frederick Burke and Tran Chi Anh
A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 VIAC’s Arbitral Award Upheld against a
State-Owned Shipping Company
C. Local Arbitration Institutions
C.1 Vietnam International Arbitration Center