PDF of Title Page and T.O.C.

Foreword
About the Editors
About the Authors

Chapter 1 Survey on Scrutiny of Arbitral Institutions

Chapter 2 Principles of Good Governance and Organisation of Arbitral Institutions

Chapter 3 The Role of the Institution at the Commencement of the Proceedings

Chapter 4 Appointment and Confirmation of Arbitrators

Chapter 5 Removal, Resignation, Dismissal and Replacement of Arbitrators

Chapter 6 Arbitral Award Scrutiny under Scrutiny: an Assessment

Chapter 7 Controlling Efficient Conduct and Quality of the Proceedings

Chapter 8 The Liability of Arbitrators and Arbitral Institutions

Appendix
Appendix A
Appendix B
Appendix C
Appendix D
Index

Philipp HABEGGER is a Partner at Walder Wyss AG in Zurich. He has acted in more than one hundred thirty international arbitrations under a variety of applicable arbitration rules and substantive laws both as counsel and arbitrator. Philipp Habegger has the distinct honour of being a Court Member of the ICC International Court of Arbitration. He serves a Vice-President of Arbitration Court of the Swiss Chambers; Arbitration Institution (Swiss Rules) and is a former Vice-Chair of the Arbitration Committee of the International Bar Association. Philipp Habegger was educated at Zurich University (lic. iur. 1989, Dr. iur. 1996) and the University of Chicago Law School (LL.M. 1994). He has working experience as a District Court law clerk and as attorney at Zurich and New York law firms. Philipp Habegger teaches international arbitration and international sales at the University of Zurich Law School and acts as a course director at the Swiss Arbitration Academy.

Daniel HOCHSTRASSER is the Senior Partner and heads the arbitration group of Bär & Karrer AG. He graduated from the University of Zurich Law School in 1986. He spent one year in the legal department of an industrial company in France and two years at a Zurich District Court, and served three years with the Zurich Court of Appeals and the Zurich Court of Cassation (Supreme Court). After one year in the US (Cornell Law School, LL.M., 1993), he joined Bär & Karrer. In his practice, Hochstrasser concentrates on commercial litigation and international arbitration. His primary focus is on representing parties in complex disputes arising out of M&A transactions, industrial and infrastructure projects, banking and finance, and licence agreements. In addition to representing parties, Hochstrasser is frequently chosen as party-appointed arbitrator and chairman of international arbitrations, most of them under the Rules of the ICC or the Swiss Rules, but also other institutions or ad hoc arbitrations. He is frequently lecturing on arbitration in Switzerland and abroad.

Gabrielle NATER-BASS is a Partner in the arbitration and litigation practice of Homburger in Zurich, Switzerland. Her practice focuses on international commercial arbitration. Recognized as one of "45 under 45" leading arbitration practitioners and elected one of the "all-female top 30" women of arbitration by the Global Arbitration Review, she regularly acts as party counsel, arbitrator (chairperson, sole or co-arbitrator) or legal expert in international arbitration proceedings, both institutional (ICC, Swiss Rules, and others) and ad hoc. The proceedings are governed by a variety of procedural and substantive laws. Her areas of specialization include joint ventures, shareholder agreements, M&A disputes, long-term supply contracts, agency and distribution contracts, international commodity sales, energy, telecommunications, pharmaceuticals and ship building | ship financing agreements. Ms. Nater-Bass graduated from the University of Zurich in 1994 and was admitted to the bar in 1996. She also holds an LL.M. degree from the University of Virginia School of Law. Ms. Nater-Bass is listed on the panel of arbitrators of the ICC National Committee (Switzerland) and is a member of the Arbitration Court of the Swiss Chambers' Arbitration Institution, the Swiss and Zurich Bar Associations, the Swiss Arbitration Association (ASA) (former member of the ASA marketing committee and former co-chair of ASA below 40), the London Court of Arbitration, the International Bar Association, the German-American Lawyers' Association, and of the German Institution of Arbitration (DIS). She is also a board member of ArbitralWomen. Gabrielle Nater-Bass is author of numerous articles on commercial arbitration and co-author of the Swiss Rules of Arbitration Commentary (Articles 22; 25).

Urs WEBER-STECHER is a Partner of Wenger & Vieli Ltd in Zurich, Switzerland, heading the international arbitration practice. He has served as counsel, sole arbitrator, co-arbitrator and chairman in numerous cases under the Swiss Rules, ICC, UNCITRAL, CEPANI and in ad hoc proceedings. Mr Weber-Stecher holds an LL.M. degree from Tulane University, School of Law, including in-depth education in American and International Arbitration (Prof. Th. Carbonneau, in co-operation with the AAA) and a Ph.D. (doctor iuris) from the University of Zurich Faculty of Law. Since 2001 he is a Teaching Fellow for International Arbitration at the University of Zurich Faculty of Law; he is also a Director, Founding Member and Head Lecturer of the Swiss Arbitration Academy (www.swiss-arbitration-academy.ch). He serves as a Member of the Arbitration Court of the Swiss Chambers' Arbitration Institution and of the ICC Commission on Arbitration. He was a member of the Working Group on the 2012 revision of the Swiss Rules of International Arbitration.

ABOUT THE AUTHORS

Lara BANDER is a trainee Solicitor at the international law firm of Fulbright & Jaworski International LLP in London. A law graduate from King’s College, London, Lara spent the third year of her undergraduate programme studying French law at Paris 1 Pantheon Sorbonne. In 2011, Lara was awarded an LLM in International dispute settlement at the Graduate Institute of Geneva and the University of Geneva. Lara speaks English (native), French and Arabic.

Juliet BLANCH is a Partner in Weil, Gotshal & Manges London Dispute Resolution Group and the co-head of the firms International Dispute Resolution Practice. Juliet plays a key role in various industry organisations, including as a Director of the London Court of International Arbitration, as Co-Chair of the Dispute Resolution and Arbitration Committee of the Inter Pacific Bar Association, as Vice President of the oil and gas section of the Arbitration Club and as a member of the Energy Charter Treaty Legal Assistance Task Force. Juliet has over 25 years experience acting as counsel before arbitral tribunals in Europe, Asia and the U.S. and as party-appointed arbitrator, sole arbitrator and chair pursuant to the rules of a number of different arbitral institutions in numerous jurisdictions. She is a regular speaker at arbitration conferences.

Michael BURKART is a Research Assistant and a PhD Candidate at the University of Lucerne. He works at the chair of Prof. Dr. Daniel Girsberger in the field of International Arbitration, Swiss and International Private, Business and Procedural Law and Comparative Law. Mr. Burkart graduated from the University of Lucerne and studied also at the John Marshall Law School in Chicago and at the University of Stockholm. He is a Member of Young ICCA. Mr. Burkart speaks German, English, French and Spanish.

Simon GREENBERG is a Counsel with Clifford Chance's international arbitration group in Paris. His arbitration experience covers all major arbitral institutions, notably the ICC, and a range of dispute types. He is currently a Court Member of the ICC International Court of Arbitration, representing Australia. Before joining Clifford Chance in early 2012, he spent four years as Deputy Secretary General of the ICC Court, and previously practiced with leading international arbitration firms in Paris and Australia. He has authored or co-authored numerous articles and two books on international arbitration. His first book ("International Commercial Arbitration: An Asia-Pacific Perspective", Cambridge 2011) is the only subject-by-subject international arbitration text book with an Asia-Pacific focus. His most recent book ("The Secretariat's Guide to ICC Arbitration", ICC 2012) includes an article-by-article commentary on the 2012 ICC Rules of Arbitration. Simon also lectures on international commercial contracts at Sciences Po in Paris and on international arbitration at Hong Kong University.

Simone HOFBAUER is a Senior Associate at Wenger & Vieli AG in Zurich. Her practice focuses on commercial arbitration, litigation, banking and financial services, as well as general corporate and commercial law. She has acted both as party representative and on behalf of arbitral tribunals (mostly as administrative secretary) in numerous domestic and international commercial arbitration cases, mainly in ICC, Swiss Rules and ad hoc proceedings. She holds an LL.M. degree in International Business Law from American University, Washington College of Law, and clerked with the District Court of Winterthur, Switzerland, prior to being admitted to the bar.

Hans van HOUTTE, LL.M. Harvard , is President of the Iran- United States Claims Tribunal ( The Hague) and teaches arbitration at the University of Leuven ( Belgium), where he held successively the chair of international public law and international private law, while teaching also international business law. He was member of the Brussels Bar since 1971 and withdrew as litigation and arbitration partner at Stibbe ( Brussels) in 2000. Since he has been an independent arbitrator. He sits frequently as an arbitrator in commercial and investment disputes ( ICC, LCIA, ICSID, NAFTA, UNCITRAL, ICDR, CEPANI, DIS, Vienna Centre, DIAC, Geneva Chamber, etc.) and has rendered over 200 awards. He has i.a. also been Commissioner for Real Property in Bosnia, member of the United Nations Compensation Commission ( UNCC), arbitrator at the Dormant Bank Accounts Tribunal ( CRT- Zurich) and President of the Eritrea-Ethiopia Claims Commission. He was vice-president of CEPANI. He can be reached at hans.vanhoutte@law.kuleuven.be.

Bridie MCASEY is Legal Adviser to the President of the Iran-United States Claims Tribunal. She has previously worked as an associate at White & Case (working on both contentious and non-contentious matters) and at a state Supreme Court in Australia (assisting with cases before the court as well dealing with policy issues). She has also gained experience at the UN Assistance for the Khmer Rouge Trials and at an NGO. She holds an LLB (Hons) from the University of Melbourne and is undertaking an LLM in Public International Law, also at the University of Melbourne. She is admitted to practice in Australia and the United Kingdom. She can be reached at bridie.mcasey@iusct.nl.

Anne Véronique SCHLAEPFER is a Partner in Schellenberg Wittmer's office in Geneva, Switzerland where she heads the International Arbitration Group. Since joining Schellenberg Wittmer in 1996, her practice has focused on international arbitration. She has acted as counsel and arbitrator in complex commercial disputes involving international construction contracts, joint venture agreements, energy (upstream and downstream), sales and distribution contracts, collateral management agreements, corporate affairs, and know-how license agreements. Ms. Schlaepfer has also regularly served as arbitrator (sole arbitrator, co-arbitrator or chairman) in various proceedings (ICC, LCIA, Swiss Rules, Ad hoc). She has represented parties before Swiss courts in arbitration-related court proceedings, in particular challenges of arbitral awards before the Swiss Supreme Court or the Geneva Court of Justice. Several cases in which Ms. Schlaepfer represented parties before the Swiss Supreme Court have been reported in the official collection of Swiss Supreme Court cases and in specialized journals. She has advised companies when negotiating agreements governed by Swiss law and acts as legal expert in the context of arbitration proceedings. Ms. Schlaepfer is the Chairman of the Arbitration Court that administers arbitration proceedings governed by the Swiss Rules of International Arbitration. She is also a member of the Arbitration Committee of the Geneva Chamber of Commerce as well as vice-chair of the IBA Arbitration Committee. She is a former member of the working group for the revision of the Swiss Rules (2010-2011) and of the task force drafting the IBA Guidelines of International Arbitration Clauses, approved in October 2010. She is a lecturer on international arbitration at the University of Paris XII. She is a member of various professional associations (London International Arbitration Club, LCIA and ASA). She is a co-founder of the Young Arbitration Practitioners Group (YAP) and of ASA Below 40. Ms. Schlaepfer has authored and co-authored several publications in the fields of international arbitration and private international law.

Mehtap TARI HIRT is the in- house Counsel of Stucky SA in Switzerland, a consulting company offering engineering and consulting services in the fields of dams, water and energy. She is also founder and head of Legal Business Consulting, a Swiss registered company, active in international litigation and arbitration. Ms. Tari Hirt is a registered lawyer admitted to the Bar in Istanbul and a nominee for the Arbitrator List of the Istanbul Chamber of Commerce. International contract negotiation and drafting being her main activity, she is specialized in FIDIC contracts. She obtained her LLM degree at Graduate Institute and University of Geneva in International Dispute Settlement. She speaks Turkish, English and French fluently.

Nathalie VOSER is a Partner in the Dispute Resolution Group of Schellenberg Wittmer in Zurich, Switzerland, where she heads the International Arbitration team. Her practice is focused on international arbitration and litigation. She often acts as counsel before arbitral tribunals and as an arbitrator (co-arbitrator and chairperson) and also regularly advises clients involved in complex multi-jurisdictional disputes. Moreover, she has special expertise in disputes relating to construction and civil engineering projects, mergers and acquisitions and joint ventures, international commodity sales and license agreements, and the automotive and pharmaceutical industries. In 1988, Nathalie Voser graduated summa cum laude and two years later was admitted to the bar in Switzerland. In 1992, she became a juris doctor with summa cum laude and earned an LL.M. from Columbia University (New York) in 1994 with honors. In 2005, she received the venia docendi for private law, conflicts of laws, and comparative law, and now regularly teaches courses in commercial arbitration and other areas of Swiss private law. She is the author of many publications on general commercial law and international arbitration. Moreover, she has been appointed to the Board of the Arbitration Institute of the Stockholm Chamber of Commerce for the period of 2012-2014.