PDF of Title Page and T.O.C.

TABLE OF CONTENTS

Part I: The Arbitral Award

Chapter 1
Deliberations of the Arbitral Tribunal's Analysis of Reasoned Awards from a Swedish Perspective
Finn Madsen and Peter Krikström

I. Introduction

A. General Remarks
B. Scope and Aim

II. General Provisions Regarding Deliberations

A. Provisions of National Arbitration Laws
B. Rules of the Arbitration Institutes
C. Case Law and Legal Literature

1. General Remarks
2. Failure of an Arbitrator to Participate in the Deliberations
3. Exclusion of an Arbitrator from the Deliberations

III. A Systematic Approach

IV. Reasoned Awards

A. Provisions of National Arbitration Laws
B. Arbitration Institute Rules
C. Legal Literature
D. Position of National Courts
E. Lack of Reasons and Public Policy

1. General Remarks
2. International Public Policy

F. ICSID Annulment Proceedings

1. Klöckner v. Cameroon
2. Amco v. Indonesia and Guinea v. MINE
3. Wena v. Egypt

V. Absence of Reply to the Arguments of the Parties

A. Introductory Remarks
B. Case Law

VI. Dissenting Opinions

A. General Remarks
B. Selection of Material
C. Implications of Dissenting Opinions

VII. Conclusions

A. General
B. How does the requirement of reasoned awards and the necessity to respond to certain arguments affect the deliberations and decision-making?
C. The Case For Formulating Other Voting/Decision Issues than the claims per se

Chapter 2
Awards of Punitive Damages
Jessica J. Fei, Damien McDonald and Eunice Bai

I. Introduction

II. The Functions of Punitive Damages

III. Whether Arbitrators have the Power to Award Punitive Damages?

A. Party Autonomy and the Availability of Punitive Damages
B. Party Autonomy and the Applicable Law

IV. Should Arbitrators Award Punitive Damages?

A. Risk of Non-Enforcement by National Courts
B. Public Policy

1. Brief Introduction
2. Application to Punitive Damages
3. Interpretation of Public Policy

C. Enforceability of Punitive Damage Award

V. United Kingdom Approach

A. Power of Courts and Arbitrators to Award Punitive Damages
B. The Applicable Law and the Availability of Punitive Damages
C. Enforcement

VI. Conclusion

Chapter 3
Post-Award Interest: the Position of the French Courts in Banque Arabe et Internationale d'Investissement v. The Inter-Arab Investment Guarantee Corporation
Christopher R. Seppälä

Part II: Annulment, Appeal and Standard of Review

Chapter 4
Exclusion of Annulment Action in Switzerland
Laurent Hirsch

I. Introduction

II. Scope of Appeal Exclusion Allowed by Swiss Law

A. Annulment Action in Switzerland: Article 190 Swiss PIL Act
B. Exclusion of Annulment Action: Article 192 Swiss PIL Act

1. Foreign Parties
2. Full Exclusion of Partial Exclusion
3. Express Statement
4. Time of the Exclusion Agreement

C. Jurisdiction
D. Consequences
E. Other Options Open
F. Appeal Exclusion in Litigation before Court Cases
G. Other National Laws

III. Cases Addressing Possible Exclusion

A. Earlier Cases Between 1989 and 2004

1. First Case in 1990
2. Further Cases Between 1991 and 2004
3. Interim Conclusion of those Earlier Cases

B. The First Application in the Landmark February 2005 Case

1. Facts of the Case
2. Decision of the Arbitral Tribunal
3. Annulment Action Before the Swiss Supreme Court

C. Subsequent Cases (2005-2012)

1. Cases Where the Exclusion was Effective
2. Cases were the Exclusion was Denied
3. Other Cases

D. Interim Conclusion

IV. Construction of exclusion agreements

A. Law Applicable to the Exclusion Agreement
B. No Need to be Specific
C. Clear Wording will bring the Desired Result
D. Non-Signatory Parties

1. Appellant Signatory Challenging Extension to Non-Signatory
2. Appellant Non-Signatory Challenging Extension to Itself

E. Reference to Arbitration Rules cannot Constitute an Effective Exclusion Agreement
F. Seat of the Arbitral Tribunal Fixed After the Alleged Exclusion

V. Scope and Effects of Exclusion

A. Full Exclusion
B. Waiver of Exclusion
C. Partial Exclusion
D. Unilateral Exclusion
E. Exclusion of Revision?
F. Scope of Exclusion in Connection with Correction
G. Enforcement in Switzerland
H. European Convention on Human Rights
I. Sports Arbitration
J. Legislative Changes

VI. Proceedings before the Swiss Supreme Court

A. Exchange of Memorials on the Issue
B. Factual Inquiry About the Intent of the Parties
C. Costs
D. Confidentiality

VII. Consequences for Practitioners

A. Drafting the Arbitration Clause
B. Initiating Arbitration Proceedings
C. Filing an Annulment Action
D. Should Annulment Action be Excluded or Not?

Chapter 5
The Swedish Rules Limiting the Right to Appeal Against a Court Judgment in a Challenge or Avoidance Action - A Comparative Study
Martin Wallin and Katarina Mild

I. Introduction

II. The Swedish Rules on Fora and Appeal in a Challenge or Avoidance Action

III. Comparison with other Jurisdictions

A. Belgium
B. Denmark
C. England
D. Finland
E. France
F. The Russian Federation
G. The United States
H. Summary

IV. Is There Call for a Change of the Swedish Rules?

Chapter 6
"The Minimalist" and "Maximalist" Approach to Reviewing Competition Law Awards: A Never-Ending Saga Revisited or the Middle Way at Last?
Gordon Blanke

I. Introduction

II. The Factual Background to the Brussels Court's Judgment in La Snf C/ La Cytec Industrie

A. The Tribunal's Findings
B. The French Exequatur Proceedings

III. The Brussels Court's Judgment In La Snf C/ La Cytec Industrie

A. Preliminary Considerations On Public Policy
B. The Brussels Court's Role in the Review Process

1. The Brussels Court's review of the Tribunal's application of Arts. 81 and 82 EC

IV. The Brussels Court's Approach In Light of the ECJ's Judgment in Eco Swiss

A. The Brussels Court's Mandate
B. A Literal Reading of Eco Swiss in Context

V. Further Support for the Substantive Review of Competition Law Awards

A. From French Legal Doctrine
B. From other Member State Courts
C. From Across the Atlantic
D. Consensus on the Need for Proper Reasoning of Competition Law Awards
E. The Compelling Case for a Substantive Review by Member State Courts

VI. Conclusion

VII. Post-Scriptum: the Supervisory Court Review of EU Competition Awards Revisited

A. The Middle Way as the Way Forward in the Review of EU Competition Law Awards
B. The Brussels Court of Appeal's Judgment in Cytec v. SNF
C. The Continuing Significance of a Literal Reading of Eco Swiss
D. The Continuing Support for the Substantive Review of EU Competition Law Awards

1. From Various Legal Doctrine
2. From Member State Supervisory Court Practice across the EU

E. The Isolated Position of the French Supervisory Courts
F. Conclusion: Convergence Towards the Middle Way

Chapter 7
The Rise in Judicial Hostility to Arbitration: Revisiting Hall Street Associates
Thomas E. Carbonneau

I. Introduction

II. The Agreement to Arbitrate in Hall Street Associates

III. The Hall Street Court's Perception of Arbitral Doctrine under the FAA

IV. The Circuit Split on "Opt-In" Agreements

V. Manifest Disregard in the Majority Opinion

VI. The Immutable Jurisdiction of the Statutory Text

VII. The Amici

VIII. Mystifying Dicta

IX. The Dissents

X. The New Appraisal

XI. Conclusion

Chapter 8
The Future of Manifest Disregard
Christopher R. Drahozal

I. Hall Street and Manifest Disregard

II. Stolt-Nielsen and Manifest Disregard

III. Manifest Disregard in the Circuits: Varying Approaches

A. Manifest Disregard as a Non-Statutory Ground
B. Manifest Disregard as Excess of Powers
C. No Review for Manifest Disregard of the Law

IV. The Future of Manifest Disregard in the Supreme Court

Chapter 9
"Revision" of "Swiss" International Arbitral Awards: An Interesting Rarity
Charles Poncet

I. Material Requirements for Revision of a "Swiss" International Award

II. Swiss cases subsequent to the March 11, 1992 judgment of the Federal Tribunal

III. The Leading Case: Alfred Sirven’s Criminal Plot in the Thales Arbitration

IV. "New" and "Pertinent" Facts

A. "New" and "Conclusive" Evidence

V. Decision "Influenced by a Crime"

Part III: Recognition and Enforcement

Chapter 10
Enforcement by U.S. Courts of International Arbitration Interim Orders and Awards under the New York Convention: Publicis Communication v. True North Communications Inc.
Robert H. Smit and Emma Lindsay

I. The Facts and Holding of the Publicis Case

II. Analysis and Implications of the Publicis Case

III. Is It an "Order" or "Award"?

IV. Is It "Interim" or "Final"?
V. Is It Remandable?

VI. Conclusion: Is It Enforceable?

Chapter 11
Enforcement of SCC and Russian Arbitration Awards in the United States Courts: An Overview
Alexander S. Vesselinovitch

I. Policy of New York Convention Favors Enforcement

II. Minimal Legal Requirements can be met to Invoke the New York Convention

III. A U.S. District Court has Jurisdiction to Enforce a Foreign Arbitral Award

IV. The U.S. Reservations to the Convention would usually not Preclude Enforcement of the Award

V. Russian Arbitration

VI. Swedish Arbitration

VII. Defenses to Enforcement of a Foreign Arbitral Award

VIII. Conclusion

Chapter 12
Recognition and Enforcement of Foreign Arbitral Awards in the Russian Federation
Vladimir Khvalei & Jonas Benedictsson

I. Background

II. Procedures

III. Case Law

IV. Invalidation of Foreign Arbitral Awards in the Russian Federation

V. Conclusion

Devin Bray is an international arbitration counsel, OAS Academic Scholarship recipient and a SJD Candidate in the International Trade & Business Law Program at the University of Arizona. Mr. Bray formerly held a joint-articling Clerkship position with Dr. Todd Weiler and Robert Weiler in the areas of international arbitration and Canadian criminal law. In this capacity, he has acted on commercial and investment treaty claims governed by the UNCITRAL, ICC and ICSID Arbitration Rules as well as domestic cases involving the Canadian Charter of Rights and Freedoms, Canadian Criminal Code and Controlled Drugs and Substances Act. Mr. Bray is assisting JURIS to develop Arbitraitonlaw.com, an online legal database dedicated to international arbitration research. Mr. Bray is a Barrister and Solicitor of the Law Society of Upper Canada and is a graduate of the Universities of Royal Roads, Victoria, New Brunswick and Western. His research interests are public international law, international arbitration, international investment law, private international law, natural resources law, Indigenous law and criminal law.

Heather L. Bray is an international arbitration counsel and a SJD Candidate in the International Trade and Business Law Program at the University of Arizona. Her dissertation looks at the historical origins of international investment law and international human rights law in the law of state responsibility for injury to aliens. Ms. Bray completed a joint-articling placement in Ontario, Canada with Dr. Todd Weiler and Robert Weiler in the areas of international arbitration law and Canadian criminal law. She also is a Legal Research Associate with JURIS developing Arbitrationlaw.com, an online legal database dedicated to international arbitration. Ms. Bray completed a thesis-based LLM in Business Law and Taxation at the University of Western Ontario. Her thesis compared the denial of justice standard embedded in international investment agreements with the fair trial guarantees embodied in major international human rights treaties. Ms. Bray is a Barrister and Solicitor of the Law Society of Upper Canada. She holds an LLB from the University of New Brunswick and a BA in Justice Studies from Royal Roads University. Her research interests include international investment law, international human rights law, indigenous law, natural resource law, and criminal law.

About the Contributors:

Eunice Bai is a trainee at Herbert Smith Freehills. She has worked in London and Beijing offices in the areas of general corporate, dispute resolution, etc.

Jonas Benedictsson is head of the Disputes group in the Stockholm office. He has tried cases in all major courts in Sweden, including the six courts of appeal and the Supreme Court. He has also acted as counsel and advocate in numerous domestic arbitrations and is frequently appointed as arbitrator in commercial disputes, both domestic and international. Mr. Benedictsson has been lead counsel and advocate in more than sixty international arbitration cases under various institutional bodies such as the ICC, LCIA, the Zurich Chamber of Commerce, the Geneva Chamber of Commerce, the Hong Kong International Arbitration Center, SIAC and the Stockholm Chamber of Commerce. He has acted as lead counsel and advocate in ad hoc arbitrations in Sweden, Denmark, Finland, Germany, Switzerland and Austria. He has also acted as co-counsel in a number of arbitration cases in various other parts of the world. In his capacity as counsel and advocate he has acted in and rendered advice on arbitral disputes arising out of or concerning matters pertaining to more than 20 different countries. He clerked and served as a judge in various District Courts in Sweden and in the Court of Appeal in Gothenburg from 1984-1987. During 1987-1990, he worked at the law firm Landahl & Bauer. He joined Baker & McKenzie in 1991. Mr. Benedictsson has been the editor of numerous in-house publications such as Arbitration in Sweden, International Commercial Arbitration Directory and Litigation in Europe. He has been the contributing editor for Sweden to the periodical international arbitration web publication Arbitration by International Law Offices in cooperation with the International Bar Association. Mr. Benedictsson is a frequent speaker at various seminars around the world on litigation and arbitration matters. He has been ranked and listed by Legal Business, Legal 500 and various other publications as a highly recommended trial lawyer. In 2011 and 2012 he was appointed winner by ILO for Sweden of the Client Choice Award for arbitration. Mr. Benedictsson graduated from the University of Stockholm (LL.M. juris kandidat, 1983). He is a member of the Swedish Bar Association since 1990. He is co-founder of Introitus, a mentoring programme for young law students at various law faculties in Sweden.

Gordon Blanke is a Counsel with the International Arbitration Group of Baker & McKenzie.Habib Al Mulla & Co, Dubai, UAE. He has wide-ranging experience in all types of international commercial arbitration, having acted as arbitrator and advising counsel under most leading institutional arbitration rules (including the ICC, LCIA, DIAC, ADCCAC and JAMS arbitration rules) and ad hoc in arbitrations seated in the US, Europe and the Middle East in relation to a variety of industry sectors, including private equity, banking and finance, international franchising, project development, construction/real estate etc. In his younger years, Gordon also served a stage with the ICC International Court of Arbitration in Paris, France. Gordon has relevant antitrust law experience, having worked with various international law firms and advised clients and the UAE Ministry of the Economy on discrete issues of antitrust of relevance in the UAE. He has further served a training period with the late Merger Task Force of the Directorate-General of Competition of the European Commission in Brussels, Belgium, and has trained with the European Court of First Instance and the European Court of Justice in Luxembourg. Gordon is a former member of the late ICC Task Force for Arbitrating Competition Law Issues and co-author of the ICC Best Practice Note on the European Commission Acting as Amicus Curiae in International Arbitration Proceedings. Gordon is a regular contributor to a number of international arbitration journals and has published and co-edited several books on international arbitration and antitrust law including in particular The Use and Utility of International Arbitration in EC Commission Merger Remedies (Europa Law Publishing, 2006) and EU and US Antitrust Arbitration: A Handbook for Practitioners (Kluwer Law International, 2011). Gordon is on the editorial board of Arbitration, the Journal of the Chartered Institute of Arbitrators, and of International Commercial Arbitration Review, published in association with the International Commercial Arbitration Court at the Russian Federation Chamber of Commerce and Industry (CCI), Moscow. He is co-editor of the Global Competition Litigation Review, including its Arbitration and ADR section, and book review editor of European Competition Law Review. Gordon is a regular speaker at conferences and seminars on international arbitration worldwide. Gordon is fluent in English, German, French and Spanish. gordon.blanke@habibalmulla.com

Thomas E. Carbonneau is the Orlando Distinguished Professor of Law at Penn State University. In conjunction with the Chair, he is the Faculty Director of the Institute of Arbitration Law and Practice at Penn State and the Director of the law school's summer program in arbitration at McGill Law Faculty in Montreal. Professor Carbonneau has written a number of books, including volume 31 of Moore's Federal Practice (3d ed.) on Federal Arbitration Law, Cases and Materials on Arbitration Law and Practice (6th ed.), Arbitration in a Nutshell (3d ed.), and The Law and Practice of Arbitration (4th ed.). In addition to a variety of book chapters, he has written more than 75 law journal articles, including a recent assessment, entitled "The Assault on Judicial Deference," published in the American Review of International Arbitration. He is the founding faculty advisor to the Yearbook on Arbitration and Mediation at Penn State Law.

Christopher R. Drahozal is the John M. Rounds Professor of Law and Associate Dean for Research and Faculty Development at the University of Kansas School of Law. He is an Associate Reporter for the Restatement (Third) of the U.S. Law on International Commercial Arbitration, and was the Chair of the Arbitration Task Force of the Searle Civil Justice Institute. He is serving as a Special Advisor to the Consumer Financial Protection Bureau, assisting with its statutorily-mandated study of arbitration clauses in consumer financial services contracts. Professor Drahozal has written extensively on the law and economics of arbitration. He has authored a casebook on commercial arbitration published by Lexis Publishing (now in its third edition) and a co-edited a book on empirical research on international commercial arbitration published by Kluwer Law International. His articles have appeared in the Journal of Legal Studies, the Journal of Empirical Legal Studies, Law and Contemporary Problems, the Vanderbilt Law Review, the Illinois Law Review, and the International Review of Law and Economics, among others. He has made presentations on arbitration law and practice throughout the United States, Canada, Europe, and Asia. Prior to teaching, Professor Drahozal was in private law practice in Washington, D.C., and served as a law clerk for the Iran-U.S. Claims Tribunal, the United States Supreme Court, and the United States Court of Appeals for the Fifth Circuit.

Jessica Jia Fei is a disputes Partner at Herbert Smith Freehills. She is an international arbitration and dispute resolution specialist with over 15 years' experience working with leading firms in New York and Asia. Her practice focuses on large-scale international arbitration, litigation and regulatory investigations in China, Asia, Europe and the US for clients that include Chinese state owned enterprises, multinationals and major regional corporates. Ms. Jia Fei covers disputes work concerning energy, construction, trade and international investment. She advises clients on commercial contracts, intellectual property rights and foreign direct investment, and deals with various Chinese government authorities on investigations and regulatory issues. Ms. Jia Fei is qualified in the PRC and New York. She has worked for 8 years at the China International Economic and Trade Arbitration Commission (CIETAC) in Beijing as a research fellow and case administrator, and International Centre for Dispute Resolution (ICDR) of AAA in New York. She is also listed on the international panel of arbitrators for ICDR, CIETAC, HKIAC, KLRCA and CEAC and several Chinese arbitration institutions. Ms. Jia Fei has contributed a number of articles on arbitration and is frequent speaker on topics related to international arbitration.

Laurent Hirsch is a founding partner of Hirsch Kobel, a Geneva boutique law firm. He advises and represents companies before arbitral tribunals in international commercial disputes, and also serves as an arbitrator. Whether in arbitration or for transactional purposes, his practice extends to all fields of business law. In recent years, Mr. Hirsch advised companies involved in M&A transactions and negotiated and drafted on a regular basis patent licensing agreements in the pharmaceutical and medical devices industries. When assisting clients, Mr. Hirsch carefully avoids resorting to ready-made recipes and strives to find tailor-made solutions matching client's needs and interests as closely as possible. Mr. Hirsch is member of various professional and arbitration bodies: Geneva Bar Association (member of the Continuing Legal Education Committee) and Swiss Bar Association, ASA (co-leader of the ASA local Geneva group), IBA, LCIA and CIArb (Fellow). Mr. Hirsch publishes regularly on arbitration topics. He is a member of the international arbitration editorial group of the International Business Law Journal (IBLJ) and a co-editor responsible for international arbitration in the Swiss electronic law review Jusletter. He is an organizer of, and speaker at, arbitration conferences. He is fluent in French and English and has good knowledge of German.

Vladimir Khvalei is a partner in the Moscow office of Baker & McKenzie and heads the firm's CIS Dispute Resolution Practice Group. Mr. Khvalei has wide experience participating in litigation in Russia, Kazakhstan, Belarus and Ukraine, as well as in international arbitration cases in accordance with the arbitration rules of the ICAC, UNCITRAL, ICC, SCC and other arbitration institutions. His practice focus includes international arbitration, litigation. Mr. Khvalei is a Vice-President of the ICC International Court of Arbitration. Mr. Khvalei is also included on the list of arbitrators of the arbitration institutions in Austria, Russia, Belarus, Kazakhstan and Dubai; he is a Chairman of the Arbitration Commission of the Russian National Committee of the ICC, a Vice-Chair of the IBA Arbitration Committee and a Member of the Board of the International Arbitration Court at the Belarusian Chamber of Commerce and Industry. He is also a member of the Polish Arbitration Association, the Austrian Arbitration Association and the Member of a Board of the Ukrainian Arbitration Association. Mr. Khvalei is included on the list of tutors, examiners and assessors of the Chartered Institute of Arbitrators. The PLC Which lawyer? 2009 ranks Mr. Khvalei as the only leading lawyer in Dispute Resolution in Russia; PLC Which Lawyer? Yearbook 2009 and Legal 500 EMEA 2009 and 2010 recommend Mr. Khvalei as a recognized and "hugely respected" specialist in Dispute Resolution in Russia. He is also included into The International Who's Who of Commercial Arbitration 2009 Yearbook. Chambers Global 2009, 2010 and 2011 rank Mr. Khvalei in band 1 and stresses that he is "an outstanding litigator" who has extensive experience in litigation and international commercial arbitration"; Chambers Europe 2011 says that Mr. Khvalei "is universally respected as one of the best international arbitration specialists". Mr. Khvalei graduated with a degree in law from the Belarusian State University in Minsk in 1992. Mr. Khvalei speaks Russian, English, Belarusian and Polish.

Peter Krikström is an Associate Judge of the Scania and Blekinge Court of Appeal, Sweden. He presently serves as inquiry secretary at the Swedish Ministry of Justice. Before taking his current position, he served as Judge Referee at the Swedish Supreme Court. Peter Krikström is also a former associate of Advokatfirman Vinge KB in Malmö, Sweden.

Emma Lindsay is a Senior Associate in Simpson Thacher & Bartlett LLP's Litigation Department, where she concentrates her practice on international litigation and arbitration. She acts as counsel in arbitrations conducted under all of the major international commercial arbitration rules and has significant experience in investment treaty arbitration under bilateral and multilateral investment treaties. As part of her international practice, Ms. Lindsay advises on public international law matters including treaty negotiation, territorial and maritime boundary disputes, and international human rights and humanitarian law. Ms. Lindsay is Adjunct Professor of Public International Law at the New School University. She is a former Law Clerk at the International Court of Justice to then President of the Court Judge Shi Jiuyong of China and to Judge Pieter H. Kooijmans of the Netherlands.

Finn Madsen has a LL.B (Swe: jur kand) in 1980 and a LL.D. (Swe: Juris Doctor honoris causa) in 2011 from Lund’s University, Sweden. Mr. Madsen is the author of Commercial Arbitration in Sweden, published by Oxford University Press (3rd edition), 2007 and in Mandarin by Law Press China 2008. Mr. Madsen has held a number of positions, including Service in Swedish District Courts and Court of Appeal (1980 -- 1986) and the Head of Legal Department, Gota Bank, Southern Region (1992 -- 1993), and Advokatfirman Vinge KB (1993 -- 1995), of which he has been a partner since 1995. Mr. Madsen is also admitted to CIETAC&'s list of arbitrators, a Fellow of the Chartered Institute of Arbitrators, a Swedish member of International Chamber of Commerce (ICC) network of lawyers (FraudNet) specialising in asset tracing and recovery and Chairman of the Arbitration Association of Southern Sweden 2008 to 2011. Mr. Madsen has acted as counsel in numerous domestic arbitrations, co-arbitrator for domestic arbitral tribunals in numerous cases, Chairperson in numerous domestic arbitrations, Sole Arbitrator appointed by the Arbitral Council of the Chamber of Commerce and Industry of Southern Sweden and by the Institute of the Stockholm Chamber of Commerce (SCC), and Chairperson appointed by the SCC. He has also acted as counsel and co-arbitrator in a number of cases under the ICC, the SCC, The Danish Institute of Arbitration and the UNCITRAL Rules, appointed Sole Arbitrator by the ICC International Court of Arbitration, Paris and appointed Sole Arbitrator and chairperson by the SCC. Mr. Madsen has extensive experience in commercial litigation (including, but not limited to, areas such as trade and finance, joint ventures and industrial cooperation, mergers and acquisitions, company law, agency and distribution, intellectual property rights, construction, finance and banking) in the courts of law in Sweden. A number of cases have been brought before the Supreme Court. Mr. Madsen is a member of the Swedish Bar Association since 1993 and member of the International Bar Association.

Damien McDonald is a former Senior Associate at Herbert Smith Freehills who specialises in international arbitration, commercial litigation and compliance related work in China (corruption and information risk). He has had extensive experience in many different types of contractual disputes in Mainland China, Hong Kong, the UK and Australia. He works mainly for large international and Chinese companies. Prior to joining Herbert Smith in early 2006, Damien worked for leading law firms in Australia (Melbourne and Darwin). He is admitted as a solicitor in England and Wales. He is also admitted as a barrister and solicitor in Australia (Victorian and Northern Territory Supreme Courts and High Court of Australia).

Katarina Mild is a Senior Associate with Hannes Snellman Attorneys Ltd. who focuses on dispute resolution. Her field of expertise includes both domestic and international arbitration, as well as general commercial litigation. Ms. Mild has represented Swedish and foreign companies within many different sectors in a wide range of complex commercial disputes. She has particular experience of disputes and other matters related to life sciences, telecom, insurance and financial markets. Her practice also includes advising clients on regulatory and general commercial matters. Before joining Hannes Snellman Attorneys Ltd., Ms. Mild was an associate with Linklaters LLP. Her past experience also includes working as a Legal Counsel at the Arbitration Institute of the Stockholm Chamber of Commerce and serving as a Law Clerk at the District Court of Stockholm.

Dr. Charles Poncet who was born in Geneva (Switzerland) on December 31st, 1946 Dr. PONCET is a partner in the Geneva law firm of ZPG: the firm specializes in international arbitration, commercial litigation, public law and general corporate work. In 1965, Dr. PONCET obtained his B.A. ("maturité") at Calvin College in Geneva, majoring in classical studies (Latin and Greek). He then graduated from the University of Geneva Law School in 1969 (licence en droit). In 1972, after the mandatory two years internship, he qualified at the Geneva Bar examination. While in the US, he was awarded the degree of Master of Comparative Law at Georgetown University Law School in Washington D.C. and studied at the institute for Foreign and International Trade Law (Prof. Don WALLACE Jr.). Finally, he obtained his Ph.D. in law (Doctorat en droit) at the University of Geneva Law School. He has published in Swiss Law Journals (Semaine judiciaire, Zentralblatt für Staats- und Gemeindeverwaltung, MediaLex, etc.), in the French International Journal of Comparative Law (Revue Internationale de Droit Comparé) and his thesis was published in Basel (Switzerland). He has also contributed articles, book reviews, notes and translations to "Arbitration" (Journal of the British Chartered Institute of Arbitrators), to the Yearbook of Commercial Arbitration, to the American Journal of International Law, to International Legal Materials and to the Swiss Arbitration Bulletin. Dr. PONCET has been active in international arbitration for over twenty years, initially as secretary of several international arbitral tribunals and subsequently as arbitrator, chairman or counsel. He appeared in several leading cases concerning large scale investments, joint ventures and other disputes, often involving amounts in dispute approaching or in excess of one billion USD. Dr. Poncet publishes English translations of all decisions of the Swiss Supreme Court concerning international arbitration since 2008 on the Web site www.swissarbitrationdecisions.com.

Christopher Seppälä is a Partner of White & Case LLP, resident in Paris. Mr. Seppälä has more than thirty-five years of experience representing parties in international arbitrations under the rules of the International Chamber of Commerce (ICC), the International Centre for the Settlement of Investment Disputes (ICSID), the London Court of International Arbitration (LCIA) the Japan Commercial Arbitration Association and the Cairo Regional Centre, as well as ad hoc arbitrations under the UNCITRAL and other arbitration rules. He has represented multi-national corporations and banks, as well as sovereign States or their State-owned entities, in international arbitrations. He has also served as chairman of the tribunal or co-arbitrator in numerous arbitrations. Mr. Seppälä is Vice-President Emeritus of the International Court of Arbitration of the ICC and recipient of the Louis Prangey Award from the Fédération Internationale des Ingénieurs-Conseils ("FIDIC"), the International Federation of Consulting Engineers. He is admitted to the New York and Paris Bars and is a graduate of Harvard College and Columbia Law School.

Robert H. Smit is a Partner at Simpson Thacher & Bartlett LLP, in the Firm's Litigation Department, where he Co-Chairs the Firm's International Arbitration and Dispute Resolution Practice. Mr. Smit is also Adjunct Professor of International Arbitration at Columbia Law School; Co-Editor-in-Chief of the American Review of International Arbitration; Member of the ICC Commission on Arbitration; and Adviser to the American Law Institute's Restatement (Third) of the U.S. Law of International Arbitration. He is also former U.S. Member of the ICC International Court of Arbitration; Chair of the New York City Bar Association's International Commercial Disputes Committee; Chair of the CPR Arbitration Committee; and Vice-Chair of the IBA's International Arbitration and ADR Committee.

Alexander Vesselinovitch practices civil and criminal litigation, including breach of contract, anti-fraud, healthcare, and intellectual property. Further, he handles domestic and international commercial arbitration matters involving various contractual and licensing disputes. Mr. Vesselinovitch has handled a variety of complex cases involving both the presentation and defense of civil RICO, fraud, intellectual property, and healthcare claims. He also has extensive experience conducting internal corporate investigations involving serious allegations of misconduct. Mr. Vesselinovitch worked in the criminal division of the United States Attorney's office, Northern District of Illinois, from 1983 to 1991, where he was Deputy Chief, Criminal Receiving and Appellate Division and he also served as Deputy Chief of the Organized Crime Narcotics Task Force. He was lead counsel in numerous complex and multi-defendant trials involving fraud, banking, healthcare, organized crime, and public corruption. Mr. Vesselinovitch received the Attorney General's Special Commendation Award, September 1987, and the Department of Justice Special Achievement Award in August 1988. He has also been repeatedly listed in Illinois Super Lawyers (2006--2011), and he co-authored "Enforcement of SCC and Russian Arbitration Awards in The United States Courts: An Overview" in Stockholm Arbitration Report, Volume 2003:2. Mr. Vesselinovitch graduated from the University of Chicago and earned his JD from Columbia University. Mr. Vesselinovitch clerked for two years in the US District Court for the Northern District of Illinois under Judge Charles P. Kocoras. Mr. Vesselinovitch is a member of the American Bar Association, where he serves as Vice-Chair of the International Commercial Dispute Resolution Committee of the ABA Section of International Law. He is admitted to practice in Illinois and before the US Supreme Court, the US Court of Appeals 5th Circuit, the US Court of Appeals 7th Circuit, the US District Court for the Northern District of Illinois, including the Trial Bar, the US District Court for the Central District of Illinois, the US District Court for the Western District of Wisconsin, and the US Tax Court. Mr. Vesselinovitch is proficient in Russian and Serbo-Croatian.

Martin Wallin is a Partner with Hannes Snellman Attorneys Ltd. and Head of the Dispute Resolution team in Stockholm. Mr. Wallin's field of expertise includes both domestic and international commercial arbitration and litigation. He has an extensive experience from arbitration proceedings and acts both as counsel and as arbitrator under the SCC Rules, the ICC Rules and ad hoc administered arbitration proceedings. His experience as arbitrator includes frequent appointments as chairman, sole arbitrator as well as party appointed arbitrator. Mr. Wallin has represented Swedish and foreign companies within many different sectors in a wide range of complex commercial disputes. He has particular experience of complex construction and M&A disputes as well as disputes related to the energy sector. Additionally, he is on the Board of the Arbitration Institute of the Stockholm Chamber of Commerce as well as on the Board of the Swedish Bar Association. Before joining Hannes Snellman Attorneys Ltd., Mr. Wallin was a Partner with Linklaters LLP. His past experience also includes serving as a judge in Swedish courts as well as more than ten years of giving lectures on procedural law at the Stockholm University.