PDF of Title Page and T.O.C.

 

Foreword 
Acknowledgements 
About the Editors
About the Contributors 
Introduction to the Series 
Introduction 

PART 1:
THE POWER OF ARBITRAL TRIBUNALS TO OFFER INTERIM RELIEF

CHAPTER 1
Bifurcation, Challenges to Jurisdiction and Security for Costs
Anthony Connerty

CHAPTER 2
Interim Measures under the Rules of Asian Arbitral Institutions
Joongi Kim

CHAPTER 3
The Impact of the UNCITRAL Arbitration Rules
Louis B. Kimmleman and Sonia Marquez

CHAPTER 4
Panel 1: Professor Don Wallace's Opening Remarks and the Power or Arbitral Tribunals to Offer Interim Relief
Anthony Connerty
Johan Gernandt
Joongi Kim
Louis B. Kimmelmann
William K. Slate II

 

PART 2:
NATIONAL COURT POWERS TO ORDER INTERIM MEASURES OR TO ENFORCE ORDERS MADE BY ARBITRAL TRIBUNALS

CHAPTER 5
Concurrent Jurisdiction of Arbitral Tribunals and National Courts to Issue Interim Measures in International Arbitration
Rachael Kent and Amanda Hollis

CHAPTER 6
Court-ordered Interim Relief in Aid of Arbitration in Turkey
Ali Yesilirmak

CHAPTER 7
Court-ordered Interim Relief in the United Arab Emirates
Gordon Blanke

CHAPTER 8
Panel 2: The National Court Powers to Order Interim Measures or to Enforce Orders Made by Arbitral Tribunals
Mark Bravin
Rachael Kent
Ali Yesilirmak
Gordon Blanke (presented by Borzu Sabahi)

 

PART 3:
KEY NOTE SPEECH OF MR. YU JIANLONG, SECRETARY GENERAL OF CIETAC

CHAPTER 9
Keynote Speech: Emergency Relief under the CIETAC Arbitration Rules
Mr. Yu Jianlong

 

PART 4:
INTERIM RELIEF IN INVESTMENT TREATY ARBITRATION

CHAPTER 10
Protection in International Investment Arbitration: Challenge to State Sovereignty?
(Munir) A.F.M. Maniruzzaman

CHAPTER 11
Criminal Investigations: A Hypothetical Case
Don Wallace Jr.

CHAPTER 12
Provisional Measures in ICSID Arbitration: The Irreparable Harm Requirement
Claudia Frutos-Peterson and Diora Ziyaeva

CHAPTER 13
Panel 3: Interim Relief in Investment Treaty Arbitration
Ian A. Laird
(Munir) A.F.M. Maniruzzaman
Don Wallace Jr.
David Branson
Claudia Frutos-Peterson

 

PART 5:
EMERGENCY RELIEF IN INTERNATIONAL ARBITRATION

CHAPTER 14
Developing the Emergency Arbitrator Procedure: The Approach of the Hong Kong International Arbitration Center
Chiann Bao

CHAPTER 15
Emergency Relief Pending Arbitration in the U.S. Context
Kassi Tallent

CHAPTER 16
Panel 4: Emergency Relief in International Arbitration
Anne Marie Whitesell
Chiann Bao
Rocio Digon
Kassi Tallent 

INDEX

ABOUT THE EDITORS

Diora Ziyaeva is an Associate at Curtis, Mallet-Prevost, Colt & Mosle LLP.
Her practice focuses on investor-state arbitration, commercial arbitration
and disputes relating to public international law and corporate law. Prior
to joining Curtis, Ms. Ziyaeva worked as a research analyst with the
Russian and Eurasian Program at the Carnegie Endowment for
International Peace in Washington, D.C., focusing on Eurasian economic
and energy policy issues. In Uzbekistan, she interned with the Chamber of
Commerce and Industry, where she assisted international investors in
developing new commercial opportunities. She has served as a Legal Clerk
for the Constitutional Court of Uzbekistan and a Legal Associate at the
Uzbekistan Ministry of Foreign Affairs. Ms. Ziyaeva is a graduate of
Harvard Law School and the University of World Economy and
Diplomacy.

 

General Editors

Ian A. Laird is co-chair of Crowell & Moring's International Dispute
Resolution Group and an Adjunct Professor at Columbia University
School of Law and Georgetown University Law Center. He represents a
range of clients in international arbitration proceedings involving disputes
between corporations and foreign sovereign governments. Ian is
recognized as a leading practitioner in the arbitration field by the
International Who's Who of Commercial Arbitration Lawyers 2015. He is the co-
Founder and Editor-in-Chief of InvestmentClaims.com, the on-line
investment arbitration award service published by Oxford University
Press. He is licensed to practice in Washington, D.C. as a Special Legal
Consultant and in Ontario, Canada as a Barrister & Solicitor.

Borzu Sabahi is an Attorney in the International Arbitration Group of
Curtis, Mallet-Prevost, Colt & Mosle LLP in Washington, D.C. He
principally represents governments and state-owned entities in
international arbitration and public international law matters in a
variety of economic sectors. He was recognized by the International
Who's Who of Commercial Arbitration Lawyers 2015 as a leading
practitioner. He is also an adjunct professor at Georgetown and
Columbia Law Schools, Co-Director of the ILI Investment Law Center,
Editor of Oxford's InvestmentClaims.com, Associate Editor of TDM,
and Co-Chair of the Annual Juris Conference in D.C. His publications
have been cited by arbitral tribunals and the U.S. Supreme Court. He
is licensed to practice in New York and the District of Columbia.

Anne Marie Whitesell is a Professor of the LL.M. Program and Faculty
Director of the Program on International Arbitration and Dispute
Resolution at Georgetown University Law Center. Ms. Whitesell was
Secretary General of the ICC International Court of Arbitration from 2001
to 2007. She has practiced with law firms in both the United States and in
France, and has acted as counsel and arbitrator in numerous international
arbitration cases. Ms. Whitesell also taught at the Université de Paris I and
the Institut de Droit Comparé. She is the Director of the Alternative
Dispute Resolution Center of the International Law Institute. Ms. Whitesell
received her J.D. from the University of Virginia School of Law and her
Doctorate in Law from the Université de Paris I, Panthéon-Sorbonne.

 

ABOUT THE CONTRIBUTORS

Chiann Bao is the Secretary-General of the Hong Kong International
Arbitration Centre (HKIAC). Prior to joining the HKIAC, she worked with
several international law firms and clerked at the ICC International Court of
Arbitration in Paris. Ms. Bao also worked with Neil Kaplan, CBE QC SBS in
London as an arbitration assistant. She lectures on international arbitration
at the City University of Hong Kong and regularly speaks on international
arbitration, with a focus on Asia. Ms. Bao is a Cornell University graduate
and Fulbright Scholar in China. She obtained a J.D. from the University of
Wisconsin Law School and a Master of Arts in Arbitration and Dispute
Resolution from the City University of Hong Kong.

Gordon Blanke is Counsel and Sector Leader in the International
Arbitration Group of Baker & McKenzie Habib Al Mulla in the United
Arab Emirates. He has wide-ranging experience in all types of
international commercial arbitration in both the common and civil law
legal systems, having acted as advising counsel and arbitrator under
leading institutional arbitration rules and ad hoc in arbitrations seated in
the US, Europe and the Middle East in relation to a variety of industry
sectors. Gordon speaks regularly on international arbitration and has
published over 100 books and articles on international arbitration,
including Comparison of Gulf International Arbitration Rules (2010) and
Comparison of MENA International Arbitration Rules (2011), both published
by Juris, and most recently Annotated Guide to Arbitration in the UAE:
Volume I - The UAE Arbitration Chapter, Thomson Reuters (2014).

David Branson is a Partner at King Branson LLC. He has specialized in
complex litigation and alternative dispute resolution for three decades. He
has participated as counsel in international arbitrations under the Rules of
the International Chamber of Commerce, the London Court of International
Arbitration, the American Arbitration Association International and
Domestic Rules, and ad hoc arbitrations under the UNCITRAL Rules. He
has taught the law of arbitration and mediation as Director of the ADR
Center at the International Law Institute in Washington D.C., at Palacky
University in the Czech Republic and at City University of Hong Kong. Mr.
Branson has published on international arbitration issues in journals such as
the Virginia Journal of International Law and Arbitration International.

Mark Bravin is a Partner and global co-chair of the international arbitration
practice at Winston & Strawn LLP. He focuses his practice on international
dispute resolution and international trade. Mr. Bravin advises corporate
clients on international regulatory compliance and enforcement matters
involving customs, export controls, OFAC embargo/sanctions regulations,
and the Foreign Corrupt Practices Act. He has handled international
arbitrations involving long-term supply contracts, oil field concessions,
power projects, banking, engineering, shipping, distributorships and joint
ventures, procurement and construction contracts, licensing agreements,
and services agreements. Mr. Bravin is an adjunct professor at Georgetown
Law School, where he co-teaches Investor-State Arbitration and has taught
Advanced International Commercial Arbitration.

Anthony Connerty is a Barrister in practice at 4-5 Gray's Inn Square,
Gray's Inn, London WC1. He has experience as advocate, arbitrator and
mediator in international multi-million U.S. dollar disputes in areas
including general commercial disputes, oil and gas, metals, cotton and
banking. He has a particular interest in China. He has acted in
international arbitrations and mediations in Beijing, Lagos, London, New
York, Singapore, Stockholm and Washington. He has been appointed and
acted as counsel; mediator; and as party appointed arbitrator, sole
arbitrator and as chairman of arbitral tribunals in cases under the Rules of
various international arbitral and other institutions including: ICDR (the
international section of the American Arbitration Association); London
Court of International Arbitration (LCIA); International Chamber of
Commerce (ICC); the China International Economic and Trade Arbitration
Commission (CIETAC); Arbitration Institute of the Stockholm Chamber of
Commerce (SCC); London Metal Exchange (LME); International Cotton
Association (ICA); Regional Centre for International Commercial
Arbitration – Lagos (RCICAL); Chartered Institute of Arbitrators (CIArb);
and in ad hoc cases (including arbitration under the UNCITRAL Rules).
Author of the Commonwealth Secretariat's Manual of International Dispute
Resolution. Published by the Commonwealth Secretariat, Marlborough
House, Pall Mall, London. Foreword by Sandra Day O'Connor, Associate
Justice of the United States Supreme Court. He is head of the IDR Group, a
small group of international dispute resolution specialists from countries
around the world. Members include those who have sat in the
International Court of Justice, the Permanent Court of Arbitration and the
International Tribunal for the Law of the Sea. www.idrgroup.org;
anthonyconnerty@idrgroup.org; aconnerty@4-5.co.uk..

Rocio Digon is a Counsel at the ICC International Court of Arbitration, at
SICANA, the New York branch of the ICC Court. She is responsible for the
administration of cases for the North American region. Prior to joining the
ICC, Ms. Digon was an associate in the international arbitration group of
King & Spalding LLP in New York, and she has experience in proceedings
under the rules of the ICC, UNCITRAL, ICSID, and the LCIA. Ms. Digon
has published several articles on topics related to international arbitration.
She received her undergraduate degree from Amherst College, where she
graduated summa cum laude, and her JD from Yale Law School. She also
has an LL.M. in public international law from Leiden University in the
Netherlands, which she received while she was on a Fulbright Fellowship.
She is admitted to practice in New York and Massachusetts.

Claudia Frutos-Peterson is a Partner with the International Arbitration
group in the Washington D.C. office of Curtis, Mallet-Prevost, Colt &
Mosle LLP. She focuses her practice on arbitration, international law and
international investment law and works with multiple governments and
state entities. She has represented foreign states in investor-state
arbitrations under the Arbitration Rules of the International Centre for
Settlement of Investment Disputes (ICSID) and the United Nations
Commission on International Trade Law (UNCITRAL). Dr. Frutos-
Peterson is an Adjunct Professor at the American University Washington
College of Law in Washington D.C., where she lectures on international
commercial arbitration and investor-state arbitration. She is the author of
the book L'émergence de l'arbitrage commercial international en Amérique latine:
l'efficacité de son droit, published by L'Harmattan.

Johan Gernandt is a Senior Consultant at Vinge, a Swedish full-service
law firm, and focuses his practice on litigation and arbitration. He is
currently Chairman of the Stockholm Centre for Commercial Law at
Stockholm University, a position which he has held since 2007. Mr.
Gernandt is Chairman of Transparency International, an anti-corruption
non-governmental organization, Treasurer of the European Law Institute
since 2013, and is a Founding Member of the International Dispute
Resolution (IDR) Group. He has acted as Counsel and Arbitrator in a large
number of international arbitrations, mainly East-West, under the rules of
several institutes. Mr. Gernandt is a panel member of various international
arbitral institutions, including Beijing, Moscow and Kiev. He is the former
Chairman of the Stockholm Institute (2006-2012).

Amanda Hollis was a Senior Associate in the Litigation/Controversy
group at Wilmer Cutler Pickering Hale and Dorr LLP, where she
represented numerous clients addressing transnational issues in United
States federal courts. Ms. Hollis graduated magna cum laude from
American University, Washington College of Law. She also received her
M.A. in international affairs from American University, School of
International Service.

Yu Jianlong is the Vice Chairman and Secretary General of China
International Economic and Trade Arbitration Commission (CIETAC) and
Vice Chairman of China Maritime Arbitration Commission (CMAC). He
had served as director and vice-director, minister and vice minister in
China Council for the Promotion of International Trade (CCPIT) since 1988.
He was elected Vice Chairman of APRAG in 2006 and President of
APRAG in 2013. Dr. Yu was elected Vice President of the IFCAI in May
2009. He is the Vice Chairman of the China Academy of Arbitration Law
and Board Member of the Arbitration Institute of the Stockholm Chamber
of Commerce. He was awarded the title of Young and Middle-aged Expert
with Outstanding Contributions by the Chinese Ministry of Personnel in
2001. Dr. Yu has been keynote speaker at many international arbitration
conferences.

Rachael D. Kent is a Partner and vice-chair of the international arbitration
group of Wilmer Cutler Pickering Hale and Dorr LLP in Washington DC.
Ms. Kent represents clients in a wide variety of commercial and investment
arbitration proceedings worldwide under numerous substantive and
procedural governing laws. She has recently represented parties in
commercial and investment disputes in the mining, energy, aerospace,
pharmaceutical, construction, insurance, defense, telecommunications, and
retail sectors, among others. Ms. Kent teaches International Arbitration at
the Georgetown University Law Center and the Duke University School of
Law, and she frequently speaks and writes on topics related to international
arbitration.

Joongi Kim is Professor of Law and Associate Dean for International
Affairs at Yonsei Law School. His research focuses on international
arbitration, international trade, corporate governance and good
governance. He serves as an editor for the Asian Journal of Comparative Law
and Korean Arbitration Review. A former visiting professor at Georgetown
and the National University of Singapore, he has acted as a presiding
arbitrator, sole arbitrator, co-arbitrator, mediator and counsel in
institutional and ad hoc proceedings under the rules of the ICC, JCAA,
JAMS, KCAB, LMAA and UNCITRAL. He serves on the panel of
arbitrators for the Korea-EU and Korea-U.S. Free Trade Agreements as
well as CIETAC, HKIAC, ICSID, JCAA, KCAB and SIAC. He holds
academic degrees from Columbia, Yonsei, and Georgetown.

Louis B. Kimmelman is a Partner at Sidley Austin LLP and is co-chair of
the firm's global International Arbitration practice. He focuses on the
arbitration and litigation of complex commercial and investment treaty
disputes as well as litigation in aid of the arbitration process. Mr.
Kimmelman regularly represents U.S. and foreign clients, as well as
sovereign entities, in international disputes before arbitral tribunals and
state and federal courts in the United States. He is an adjunct professor of
law at Brooklyn Law School, where he teaches International Commercial
Arbitration and International Litigation, as well as an Adviser to the
American Law Institute project on the Restatement of the U.S. Law of
International Commercial Arbitration.

Munir Maniruzzaman is a Chair of International Law and International
Business Law at the University of Portsmouth, U.K. He is also Honorary
Professorial Fellow, CEPMLP, Dundee; Visiting Professor of International
Law, China University of Political Science and Law, Beijing and holder of
honorary visiting academic positions at Oxford, Cambridge, Western
Ontario, Kent and London universities. He is a Council Member of the ICC
Institute of World Business Law, Paris and Academic Council Member of
the Institute of Transnational Arbitration, USA; Member of the ILA
Committee on International Commercial Arbitration, International Council
for Commercial Arbitration and The IDR Group in London.

Sonia Marquez is an Associate in the New York office of Sidley Austin
LLP and practices in the firm's Complex Commercial Litigation group.
Her practice focuses on white collar criminal defense, internal corporate
investigations, and complex civil litigation. She received her J.D. from
Harvard Law School in 2009 and held a clerkship with Dora L. Irizarry at
the U.S. District Court for the Eastern District of New York from 2012 to
2013.

William K. Slate II is the Chairman and CEO of Dispute Resolution Date
LLC and the former President and CEO of the American Arbitration
Association. He is the former President of the Justice Research Institute,
and the former Director of the Federal Courts Study Committee. Mr. Slate
has practiced and taught law, and lectured on law, administration, and
management as a visiting professor at Seton Hall Law School, at Virginia
Union University and at the Consortium of Law Schools in New York City,
and before numerous state and federal bar organizations. He was the firstever
consultant to the senior staff of the Supreme Court of the United
States on strategic planning. He was a founder and board member of the
Council for Court Excellence in Washington, D.C., and conceived and
founded the Global Center for Dispute Resolution Research and The
Commercial Arbitration and Mediation Center for the Americas. He
served as a member of the Legal Advisory Task Force of the Energy
Charter Treaty, EC Secretariat, Brussels.

Kassi Tallent has focused her international dispute resolution practice on
international investment and commercial arbitration. She has conducted
disputes under the rules of ICSID, ICC, UNCITRAL, NAFTA, the United
States-Central American-Dominican Republic Free Trade Agreement
(CAFTA) and the Energy Charter Treaty (ECT). She obtained her B.A. from
Rice University and her J.D. from the University of Texas School of Law in
Austin. She has served as an intern at the Inter-American Court of Human
Rights, as well as in the Office of the Attorney General of the State of São
Paulo, Brazil. Ms. Tallent has studied and volunteered in Mexico, Ghana,
Tanzania and Cambodia, and is particularly interested in the role of
individuals in international law, and the intersection of international
investment and development. She is a member of the Bar in Texas and
Washington D.C.

Charles Verrill Jr. is of Counsel and Chair Emeritus of Wiley Rein's
international trade practice, President of the ILI, and Adjunct Professor of
international trade and business law at Georgetown and Duke law schools.
Throughout his career, Mr. Verrill served as counsel in many antidumping
and countervailing duty proceedings before the International Trade
Commission, the US Department of Commerce, and US Federal courts. He
also frequently serves as an arbitrator in major international arbitration
and other disputes. He is currently an advisor to the USTR on arguments
before international dispute resolution panels and numerous negotiations.
Mr. Verrill received his J.D. from Duke University. He is a member of D.C.
bar and the U.S. Supreme Court.

Don Wallace, Jr. is Chairman of the International Law Institute in
Washington, D.C. and a Professor of Law at Georgetown University Law
Center. He has taught a number of courses during his career including
one on investor State arbitration during the past ten years. He has also
been counsel and arbitrator in several high-profile ICSID and other arbitral
proceedings. He is an author of numerous publications, including a case
book entitled Investor State Arbitration (Oxford 2008). In November 2014,
his students and friends celebrated his long and distinguished career by
dedicating a Festschrift volume to him entitled "A Revolution in the
International Rule of Law: Essays in Honor of Don Wallace, Jr." (Sabahi,
Birch, Laird, Rivas eds., Juris 2014).

Ali Yesilirmak holds an LLB from Dokuz Eylul University, an LL.M. from
the University of Texas at Austin and a PhD from Queen Mary, University
of London. He is an Associate Professor at İstanbul Sehir University School
of Law. He is of counsel at Baker & McKenzie in İstanbul and is a Fellow
of the Chartered Institute of Arbitrators. Mr. Yesilirmak has been a
member of the drafting committees for the Turkish Code of Civil
Procedure (2011), the Mediation Law on Civil Law Disputes (2013), and
the Istanbul Arbitration Centre Draft Law. He has published various books
and articles on arbitration, litigation, mediation, civil procedure, execution
and bankruptcy. He has interned at the International Chamber of
Commerce and the American Arbitration Association, and was a research
assistant to HE Judge Professor Dr. Carl Baudenbacher of the EFTA Court.