PDF of Title Page and T.O.C.

TABLE OF CONTENTS

ABOUT THE EDITORS

ABOUT THE CONTRIBUTORS

PREFACE

FOREWORD
Fausto Pocar

INTRODUCTION
Balancing Confidentiality and Transparency
Stefano Azzali

CHAPTER 1
Presenting the Guidelines for the Publication of Arbitral Awards: Aiming to the Circulation of a Solid Arbitral Case Law
Paolo Comoglio and Chiara Roncarolo

Annex: The Milan Guidelines for the Anonymous Publication of Arbitral Awards

CHAPTER 2
Confidentiality in International Commercial Arbitration
Alberto Malatesta

CHAPTER 3
The Case for the Publication of Arbitral Awards
Alexis Mourre

CHAPTER 4
Transparency and Confidentiality: How and Why to Publish Arbitration Decisions
Rinaldo Sali

CHAPTER 5
Users Need More Transparency in International Arbitration
Michael Mc Ilwrath and Roland Schroeder

CHAPTER 6
The ICSID Approach to Publication of Information in Investor-State Arbitration
Meg Kinnear, Eloïse Obadia and Michael Gagain

CHAPTER 7
Confidentiality in ICC Arbitration
Andrea Carlevaris

CHAPTER 8
Confidentiality in the Arbitration Rules of the Milan Chamber
Benedetta Coppo

APPENDICES

Appendix A: International Law Association Recommendations on "Confidentiality in International Commercial Arbitration"

Appendix B: Bibliography on Confidentiality in Arbitration
[Edited by the Studies and Documentation Centre of the Milan Chamber of Arbitration]

INDEX

ABOUT THE EDITORS

ALBERTO MALATESTA is Professor of Private International Law and Arbitration Law at the Law School of the University LIUC-Carlo Cattaneo of Castellanza (Italy). He also teaches International Business Law within the Ph. D. Program in International Economic Law at the University Bocconi of Milan. He is a member of the Milan Bar and his practice focuses on litigation and arbitration. He served as Italian delegate at the Hague Conference of Private International Law (2005 - 2007). He held several courses and conferences on private international law and arbitration law at various law school and institutions through Europe and South America.

RINALDO SALI is Deputy Secretary General of the Milan Chamber of Arbitration. His main areas of activity are arbitration, mediation and other ADR management. He is the author of several books and papers on issues of arbitration and a speaker in domestic and international conferences and seminars on arbitration and mediation. He lectures in arbitration at the State University of Bologna, Pavia and at the University LIUC of Castellanza (Italy).

ABOUT THE CONTRIBUTORS

STEFANO AZZALI is the Secretary General of the Milan Chamber of Arbitration. He is a lawyer graduated at the Genoa University School of Law. He also acts as Secretary Treasurer of the International Federation of Commercial Arbitration Institutions (IFCAI). Since 2005, he is Visiting Professor of Arbitration Law at Bocconi University School of Law in Milan and, in 2012, he was Fellow at the Centre for Transnational Litigation and Commercial Law, New York University, School of Law. From 2001 to 2007 he chaired the Disciplinary Commission of the Italian Football Federation (FIGC), where he is now member of its Federal Court of Justice. Author of articles and publications on arbitration, he is member of the panel of arbitrators before various arbitral institutions (ICDR, VIAC, CIETAC etc.). He has acted as arbitrator in several institutional proceedings (ICDR Rules, DIS Rules, Swiss Chambers Rules).

ANDREA CARLEVARIS is the Secretary General of the ICC International Court of Arbitration and the Director of the ICC Dispute Resolution Services since September 2012. Before joining the ICC, he was a Partner at Bonelli Erede Pappalardo in Rome, where his practice focused on international arbitration, and private and public international law. He has acted as counsel and as an arbitrator in numerous international arbitrations, both ad hoc and institutional, including proceedings under the Rules of the ICC and ICSID. He holds a doctorate in International Law from the University of Rome. Before joining the Secretariat, he was a member of the ICC International Court of Arbitration. He is a member of the Board of Directors of the IMI (International Mediation Institute), of the ICC Institute of World Business Law, of the ICC Commission for International Arbitration, of the Steering Committee of the Arbitration Commission of UIA (Union Internationale des Avocats), of the Board of AIA (the Italian Association for Arbitration) and of the Editorial Board of the Rivista dell’Arbitrato. He is one of the founders of ArbIt, the Italian forum on international arbitration and ADR. He regularly lectures at several Italian universities. Recognized as one of the top 45 international arbitration lawyers under the age of 45 (45 under 45) by Global Arbitration Review, Andrea Carlevaris is the author of a monograph on interim measures in international arbitration (La tutela cautelare nell’arbitrato internazionale, Padova, 2006) and of numerous articles and notes on arbitration and international law.

PAOLO COMOGLIO is a Lawyer and Lecturer in Arbitration Law at University Carlo Cattaneo LIUC of Castellanza (Italy). He holds a Ph.D. in General Theory and Procedural Comparison at University of Urbino (Italy).

BENEDETTA COPPO is Head-Officer in charge of the Arbitration Department of the Milan Chamber of Arbitration. She has been administering arbitrations for over a decade, both domestic and international, in English, French and Italian. She coordinated and took part in the 2010 revision of the Rules of the CAM on behalf of the Secretariat. Ms. Coppo pens articles and speaks at conferences and training courses on arbitration, in Italy and abroad. She has been Italy country-reporter for "ITA Arbitration Report" since 2006, and been leading the "Milan pre-moot", preparatory to the "Wilem C. Vis Arbitration Moot".

MICHAEL GAGAIN joined ICSID in July 2011. He is associated with the institutional affairs team of the Centre, and his work involves matters relating to the Administrative Council meetings, membership, and various other institutional activities and initiatives. In addition, he helps operate ICSID’s publications program, including serving as an associate editor for the ICSID Review-Foreign Investment Law Journal. Before joining ICSID, Mr. Gagain worked for the Public International Law & Policy Group, a Washington, D.C.- based pro bono law firm, where he focused on matters relating to war crimes prosecutions. In addition, he has worked at the Office of the Co-Prosecutors in the Extraordinary Chambers in the Courts of Cambodia (the Khmer Rouge Trials) and two government agencies in Massachusetts. Mr. Gagain completed a Master of Laws degree at the American University, Washington College of Law in Washington, D.C. He also holds degrees from the New England School of Law in Boston, Massachusetts and the State University of New York at Binghamton. Mr. Gagain is licensed to practice law in the Commonwealth of Massachusetts.

MEG KINNEAR is the Secretary-General of the International Centre for Settlement of Investment Disputes (ICSID) at the World Bank. She was formerly the Senior General Counsel and Director General of the Trade Law Bureau of Canada, where she was responsible for the conduct of all international investment and trade litigation involving Canada, and participated in the negotiation of bilateral investment agreements. In November 2002, Ms. Kinnear was also named Chair of the Negotiating Group on Dispute Settlement for the Free Trade of the Americas Agreement. From October 1996 to April 1999, Ms. Kinnear was Executive Assistant to the Deputy Minister of Justice of Canada. Prior to this, Ms. Kinnear was Counsel at the Civil Litigation Section of the Canadian Department of Justice (from June 1984 to October 1996) where she appeared before federal and provincial courts as well as domestic arbitration panels. Ms. Kinnear was called to the Bar of Ontario in 1984 and the Bar of the District of Columbia in 1982. She received a Bachelor of Arts (B.A.) from Queen’s University in 1978; a Bachelor of Laws (LL.B.) from McGill University in 1981; and a Master of Laws (LL.M.) from the University of Virginia in 1982. Ms. Kinnear has published numerous articles on international investment law and procedure and is a frequent speaker on these topics. She is a co-author of Investment Disputes under NAFTA (published in 2006 and updated in 2008 & 2009). She also co-authored texts on Canadian legal procedure including
Federal Court Practice (1988-1990, 1991-1992, and 1993-2009 annually) and 1995 Crown Liability and Proceedings Act Annotated (1994).

MICHAEL MCILWRATH is Associate General Counsel of Litigation for GE Oil & Gas, based at the company’s headquarters in Florence, Italy. He is co-author of the book International Arbitration and Mediation: A Practical Guide (Kluwer 2010), host of International Dispute Negotiation (http://www.cpradr.org), the podcast of the International Institute for Conflict Prevention & Resolution (CPR), winner of the CEDR award for Innovation in ADR, and a contributing editor of the Kluwer International Arbitration blog. Mr. McIlwrath is a director and past-president of the Board of Directors of the International Mediation Institute, a non-profit in the Netherlands promoting quality, standards, and transparency in mediation. Mr. McIlwrath previously practiced with Willkie Farr & Gallagher.

ALEXIS MOURRE is a member of the Arbitral Council of the Chamber of Arbitration of Milan,Vice-President of the ICC International Court of Arbitration, and founding Partner of Castaldi Mourre & Partners, Paris.

ELOÏSE OBADIA is Avocat à la Cour, Attorney-at-Law, New York and joined ICSID in December 1997. She has served as Secretary of theTribunal in several arbitral proceedings brought under the ICSID Convention, the ICSID Additional Facility Rules and the UNCITRAL Rules. She has also served as Secretary of Conciliation Commissions and ad hoc Committees in annulment proceedings brought under the ICSID Convention. In addition, she has served as Coordinator in an Expert Determination under the Indus Waters Treaty (1960). Before joining ICSID, she was an associate with the law firm Curtis, Mallet-Prevost, Colt & Mosle, Paris, France, and visiting lecturer at Duke University. Mrs. Obadia completed a Master of Laws at Duke University. She holds degrees from the University of Paris II Panthéon-Assas and the University of Paris-Dauphine.

FAUSTO POCAR is Professor Emeritus of International Law, former Dean and Vice-Rector, at the University of Milan and the author of many publications on Public and Private International Law, and European Law, as well as of official reports to international instruments, like the Hague Draft Convention on Jurisdiction and Judgments (1999) and the revised Lugano Convention (2007) on the same subject. He lectured at the Hague Academy of International Law and in many Universities in and outside Europe. He is a member of the board of the Institut de Droit International and the President of San Remo International Institute of Humanitarian Law, as well as a member of many international law associations. He is the Editor-in-chief of the Rivista di diritto internazionale privato e processuale, the main Italian journal of private international law. Since 2000 he is an Appeal Judge of the International Criminal Tribunals for the former Yugoslavia and for Rwanda and was the ICTY’s President from 2005 to 2008. At the UN he also served (1984-2000) as a member of the Human Rights Committee and was its Chairman; as a Special Representative of the High Commissioner for Human Rights for visits to Chechnya and Russia during the 1995-6 conflict; and chaired the drafting group of the 1992 General Assembly Declaration on the rights of minorities. He was an Italian delegate to the UN Committee on the Peaceful Uses of Outer Space. Judge Pocar has been recently appointed a member of the Panel of Arbitrators for Outer Space Disputes of the Permanent Court of Arbitration, and he is a member of the Club of Arbitrators of the Milan Chamber of Arbitration.

CHIARA RONCAROLO is founding member and Partner of the Law Firm Randazzo & Roncarolo stp, with head offices in Vercelli, Italy. She developed expertise in arbitral proceedings and ADR techniques as secretary, arbitrator and counsel in national and international commercial arbitration procedures. Ms. Roncarolo advises and assists parties including legal entities, companies and individuals, in contractual, business and commercial negotiations and legal actions. She participates in workshops and study groups on arbitration.

ROLAND SCHROEDER is Senior Counsel, Litigation and Legal Policy, for the General Electric Company. Responsibilities include the management of significant U.S. and international litigation; internal investigations and management of compliance risk; coordination and oversight of domestic and international ADR initiatives; and the implementation of company-wide legal policy in these and other areas. He is a founding member of the Corporate Counsel International Arbitration Group, a member of CPR’s Executive Committee, a member of the ICC Commission on Arbitration, and Chair of the Corporate Counsel subcommittee of the USCIB. Mr. Schroeder previously practiced with Shearman & Sterling in Washington, D.C., and has more than 20 years of experience in litigating and arbitrating complex commercial disputes domestically and internationally.