Title Page and TOC

EDITORS’ NOTE 

Chapter 1 - Conflict of Laws in International Arbitration – An Overview
Filip De Ly

Chapter 2 - Extension of Arbitration Agreements to Third Parties 2.0: Deconstruction, Evolution and Reconsideration 
Mohamed S. Abdel Wahab

Chapter 3 - The Law Applicable to the Assignment of Claims Subject to an Arbitration Agreement
Daniel Girsberger

Chapter 4 - The Effect of Overriding Mandatory Rules on the Arbitration Agreement
Karsten Thorn and Moritz Nickel

Chapter 5 - Arbitrability and Conflict of Jurisdictions: The (Diminishing) Relevance of Lex Fori and Lex Loci Arbitri
Stavros Brekoulakis

Chapter 6 - Conflict of Laws as a Basis to Determine the Arbitral Tribunal’s Power
Giuditta Cordero-Moss

Chapter 7 - The Laws Applicable to the Taking and Evaluation of Evidence in International Arbitration
Chrysoula Mavromati

Chapter 8 - The Law Applicable to Legal Privilege in International Commercial Arbitration
Friedrich Rosenfeld

Chapter 9 - Abuse of Process in International Arbitration
Jacob B. van de Velden

Chapter 10 - The Law Governing Res Judicata
Silja Schaffstein

Chapter 11 - The Laws Governing Interim Measures in International Arbitration 
Christopher Boog

Chapter 12 - Getting to the Law Applicable to the Merits in International Arbitration and the Consequences of Getting It Wrong
Franco Ferrari and Linda Silberman

Chapter 13 - Establishing the Content of the Applicable Law in International Arbitration
Soterios Loizou

Chapter 14 - Mandatory Rules of Law in International Arbitration
George A. Bermann

Chapter 15 - The Law Governing the Liability of Arbitrators
Yağmur Hortoğlu

Chapter 16 - The Law Governing Counsel’s Ethical Obligations in International Arbitration
Margie-Lys Jaime

Chapter 17 - The Law Applicable to the Liability of Arbitral Institutions
Pauline Köstner

Chapter 18 - Arbitration and Insolvency – Selected Conflict of Laws Problems
Stefan Kröll

Chapter 19 - Conflict of Laws in the Arbitration of IP Disputes 
Hosna Sheikhattar and Alexander Odle

Chapter 20 - Conflict of Laws and International Investment Arbitration
Jan Asmus Bischoff

INDEX

About the Editors

Franco Ferrari is a Professor of Law and the Director of the Center for Transnational Litigation, Arbitration and Commercial Law at New York University School of Law. Prof. Ferrari joined NYU on a full-time basis in September 2010, after serving as visiting professor for various years. Previously, he was chaired professor of comparative law at Tilburg University in the Netherlands and Bologna University as well as professor of international law at Verona University in Italy. After serving as member of the Italian Delegation to various sessions of the United Nations Commission on International Trade Law (UNCITRAL) from 1995 to 2000, he served as Legal Officer at the United Nations Office of Legal Affairs, International Trade Law Branch (2000-2002), with responsibility for numerous projects, including the preparation of the UNCITRAL Digest on Applications of the UN Sales Convention (2004 edition). Prof. Ferrari has published more than 280 law review articles in various languages and 18 books in the areas of international commercial law, conflict of laws, comparative law and international commercial arbitration. He is a member of the editorial board of various peer reviewed European law journals (Internationales Handelsrecht, European Review of Private Law, Contratto e impresa, Contratto e impresa/Europa, Revue de droit des affaires internationales). He also acts as arbitrator both in international commercial arbitrations and investment arbitrations.

Stefan Kröll is an Independent Arbitrator in Cologne and an Honorary Professor and Director of the Center for International Dispute Resolution at Bucerius Law School in Hamburg. He is one of the directors of the Willem C. Vis Arbitration Moot Court and Germany’s national correspondent to UNCITRAL for arbitration. In addition, he is a visiting professor at the School of International Arbitration at CCLS (Queen Mary, University of London) and has been a visiting fellow at the Center for Transnational Litigation, Arbitration and Commercial Law at NYU. He acted as an advisor and consultant for the relevant organisations of the German Government (GIZ, IRZ) and USAID in various countries. UNCITRAL has retained him as one of the three experts to prepare the Digest on the Model Law on International Commercial Arbitration. Dr. Kröll has acted as arbitrator or emergency arbitrator in over 80 cases and is regularly listed as one of the leading arbitrators in Germany (Band 1; Arbitration Practitioner of the year 2017). He was a scholar-in-residence at NYU’s Center for Transnational Litigation, Arbitration, and Commercial Law in March 2012 and September 2018, and a visiting fellow at Cambridge University (academic year 2014/2015). He has published widely in the field of international commercial arbitration and commercial law, including the books “Comparative International Commercial Arbitration” (co-authored with Lew/Mistelis), “International Commercial Arbitration – A transnational perspective (co-author Várady/Barceló)”, “Arbitration in Germany – The Model Law in Practice” (co-editor with Böckstiegel/Nacimiento).

About the Contributors

Mohamed S. Abdel Wahab is the Founding Partner and Head of the International Arbitration, Construction, Oil & Gas and Project Finance Groups at Zulficar and Partners. He is the Chair of Private International law and Professor of International Arbitration at Cairo University; Vice President of the ICC International Court of Arbitration; Court Member of the LCIA; President of LCIA’s Arab Users’ Council; Court member of the CIMAC, Vice President of the IBA Arbitration Committee; Member of the CIArb’s Practice and Standards Committee; Member of the CRCICA Advisory Committee; Member of AAA-ICDR International Advisory Committee; and Member of the SIAC African Users’ Council’s Committee. He has also served as ‘Sole Arbitrator’, ‘Presiding Arbitrator’, ‘Party Appointed Arbitrator’, or ‘Counsel’ in more than 172 cases involving parties from the Middle East, Europe, Asia, Canada, and the United States. He appeared in cases under the auspices of the AAA, AAA-BCDR, CRCICA, DIAC, DIFC-LCIA, ICC, ICSID, LCIA, LMAA, SCC, SIAC, as well as ad hoc UNCITRAL proceedings.

George A. Bermann is the Jean Monnet Professor of EU Law, Walter Gellhorn Professor of Law, and the Director for the Center for International Commercial and Investment Arbitration (CICIA) at Columbia Law School. Bermann is an active international arbitrator in commercial and investment disputes; chief reporter of the ALI’s Restatement of the U.S. Law of International Commercial Arbitration; co-author of the UNCITRAL Guide to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards; chair of the Global Advisory Board of the New York International Arbitration Center (NYIAC); co-editor-in-chief of the American Review of International Arbitration; and founding member of the governing body of the ICC Court of Arbitration and a member of its standing committee.

Jan Asmus Bischoff (Dr.) is admitted as an Attorney in Hamburg. He worked as in-house counsel for a privately-owned bank and as attorney in law firms focusing on investment arbitration and shipping law. He gives lectures at Hamburg University and Indiana University Bloomington, Maurer School of Law. After obtaining his first legal degree from the University of Hamburg in 2005, he worked for four years as a researcher at the Max Planck Institute for Comparative and International Private Law, Hamburg. In 2008, he received his LL.M. degree as Hauser Scholar from New York University, School of Law. In 2010, he completed his Ph.D. thesis on uniform private law conventions and EU law. Jan Bischoff regularly publishes articles on international investment law and European law.

Christopher Boog is a Partner and Vice-Chair of the International Arbitration Practice Group at Schellenberg Wittmer Ltd. He is based in the firm’s Zurich and Singapore offices and represents clients in complex international commercial, investment and sports arbitration matters as well as in setting-aside proceedings before the Swiss Supreme Court.

Stavros Brekoulakis is a Professor in International Arbitration at Queen Mary University of London, as well as an attorney-at-law. His academic work includes the leading monograph on Third Parties in International Commercial Arbitration (OUP 2010), the book Arbitrability: International and Comparative Perspectives (Kluwer 2009) and numerous publications in leading legal journals and reviews. He is the Director of the Institute for Regulation and Ethics at Queen Mary, and the Co-Chair of the ICCA-Queen Mary Task Force on Third-Party Funding, a member of the ICC Task Force on Emergency Arbitrator, a Member of the ICC Commission on Arbitration, an assistant Rapporteur in the International Law Association Committee on International Commercial Arbitration, the General Editor of the Journal of International Dispute Settlement and the Editor-in-Chief of the (CIArb’s) International Journal of Arbitration, Mediation and Dispute Management.

Giuditta Cordero-Moss, Dr. juris (Oslo), PhD (Moscow), is a Professor at the University of Oslo. Author of numerous books and articles in Norway and internationally, she lectures internationally, including at the Hague Academy of International Law (course on Party Autonomy in International Commercial Arbitration (2014)). She is also President of the Administrative Tribunal, European Bank for Reconstruction and Development; delegate for Norway to the Hague Conference Special Commission on the Judgments Project; delegate for Norway to the UNCITRAL Working Group on Arbitration; Vice Chairman of the Board of the Financial Supervisory Authority of Norway; member of the Norwegian Tariff Board; and arbitrator in international disputes.

Filip De Ly (born 1959) is Professor of Law at Erasmus School of Law in Rotterdam. He is co-author (with Marcel Fontaine) of Drafting International Contracts, An Analysis of Contract Clauses. He chairs the International Commercial Arbitration Committee of the International Law Association and is a member of the Arbitration Commission of the ICC, an advisory board member of the Netherlands Arbitration Institute and a Council Member of the ICC Institute of World Business Law. Filip De Ly studied at Ghent Law School (Belgium) and obtained a LL.M. degree from Harvard Law School in 1983. He has worked for the US-law firm Cleary, Gottlieb, Steen & Hamilton in Brussels (1983-1986). He is frequently retained as arbitrator in international commercial arbitrations.

Daniel Girsberger is a Founding Member of the Faculty of Law of the University of Lucerne and a tenured professor for Swiss and International Private, Business and Procedural, as well as Comparative Law. Before accepting the Lucerne assignment, he taught at the University of Zurich Law School. He is also Of Counsel at Wenger & Vieli Ltd., a major Zurich business law firm.

Yağmur Hortoğlu is a Teaching Assistant at Sorbonne Law School. She has been teaching private international law, introduction to civil law and corporate law. She is writing her doctoral thesis under the co-supervision of Professor Franco Ferrari and Professor Mathias Audit. She pursued her studies at Sorbonne Law School, where she received a Master’s degree in Private International Law and Business Law (former DEA). In 2008, she was a recipient of the excellence scholarship granted by the French Government. She has also been a lauréat of scholarships from the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law in 2017 and the Max Planck Institute for Comparative and International Private Law in Hamburg in 2018. Since 2017, Yağmur Hortoğlu has been acting as a legal counsel on the judicial procedure before the European Court of Human Rights for Turkish applicants.

Margie-Lys Jaime (Dr.) has dedicated most part of her career to the practice and teaching of international arbitration, commercial and investment. Between 2011 and 2013, Dr. Jaime served as Chief of the Investment and Trade in Services at the International Trade Negotiation Division, Ministry of Trade and Industries, Republic of Panama, where she participated in the negotiation of several trade agreements. She obtained her Ph.D. in Law at the University of Paris II in 2008. She is admitted to practice law in Panama, in Paris, France, and in the State of New York, USA.

Pauline Köstner is a PhD Student at the University of Jena (Germany) and a Research Assistant for Prof. Dr. Giesela Rühl, LL.M. (Berkeley) at her Chair for Private International Law and International Civil Procedure. She received her first law degree (JD equivalent) in 2015 and was awarded a doctoral fellowship by the Graduate Academy Jena in 2016. In 2017 she was a Visiting Fellow at the Fordham University School of Law, New York (USA).

Soterios Loizou is a Teaching Fellow in Commercial Law at King’s College London, and incoming Post-Doctoral Fellow at the NYU School of Law. He completed his undergraduate and postgraduate legal studies at the National & Kapodistrian University of Athens, NYU School of Law, the Institute of International Commercial Law (IICL), and Harvard Law School. Soterios is currently completing his PhD thesis at the University of Cambridge, Faculty of Law, focusing on international sales law, conflict-of-laws and comparative law issues. He has been awarded numerous awards and prizes for his research, including the prestigious Colin B. Picker Prize at the American Society of Comparative Law (ASCL) Young Comparativists Committee (YCC) Fifth Annual Global Conference (New Orleans, LA, 2016), the first prize at the international writing competition organized in conjunction with the MU Center for the Study of Dispute Resolution-American Society of International Law (ASIL), Dispute Resolution Interest Group works-in-progress conference (Columbia, MO, 2017), and the first prize at the Trandafir international business writing competition. Soterios is qualified to practice law in both Common Law and Civil Law jurisdictions, namely in the State of New York (USA) and Greece.

Chrysoula Mavromati is a Legal Adviser at the UK Department for International Trade, where she advises on trade and investment disputes. Prior to joining the UK Government Legal Department, she served as Legal Counsel to the International Centre for Settlement of Investment Disputes (ICSID) at the World Bank in Washington, DC. She was formerly Fellow with the Operations Policy Unit of the World Bank’s Legal Vice Presidency and she has also worked with the International Trade and Investment Group of Hogan Lovells in Brussels and the Legal Unit of the General Directorate for Trade of the European Commission. 

Moritz Nickel, LL.B., is Research Assistant to Prof. Dr. Karsten Thorn at Bucerius Law School, Hamburg.

Alexander Odle, LL.M., is an Attorney-at-Law and Lecturer of ‘International Intellectual Property Law’ at the Advanced Studies Programme in International Civil and Commercial Law, Leiden Law School (Leiden University).

Friedrich Jakob Rosenfeld (Dr.) is Partner with the arbitration boutique Hanefeld Rechtsanwälte in Hamburg, Germany. He acts as counsel, expert witness and arbitrator. Friedrich is also Global Adjunct Professor at New York University (Paris program), Visiting Professor at the International Hellenic University in Thessaloniki and Lecturer at Bucerius Law School in Hamburg. In 2014, he was appointed Global Hauser Fellow from Practice & Government at NYU School of Law. Since 2015, he is alternate member of the ILA Committee on Rule of Law and International Investment Law. Prior to joining his current firm, Friedrich worked as consultant for the United Nations Assistance to the Khmer Rouge Trials in Cambodia. Friedrich studied at Bucerius Law School in Hamburg and Columbia Law School in New York. He holds a PhD in international law (summa cum laude).

Silja Schaffstein (Dr.) is a Senior Associate at Lévy Kaufmann-Kohler, Geneva.

Hosna Sheikhattar is an Attorney-at-law with experience in international commercial law. Previously, she worked as an arbitrator assistant for three years at the Iran-US Claims Tribunal. Hosna holds two LLM degrees—one in International Dispute Settlement from the University of Geneva and the other in International Civil and Commercial Law from Leiden University.

Linda J. Silberman is the Clarence D. Ashley Professor of Law at New York University School of Law. She teaches Civil Procedure, Conflict of Laws, Comparative Procedure, International Litigation, and International Commercial Arbitration. She is co-director of NYU’s Center for Transnational Litigation, Arbitration, and Commercial Law. She is also Honorary Professor in the Centre for Commercial Law Studies Queen Mary University in London, England, and has served as Scholar-in-Residence on several occasions at WilmerHale in London, England.

Karsten Thorn, (Prof. Dr.) LL.M. is Chair of Civil Law V - Civil Law, Private International and International Commercial Law, and Comparative Law at Bucerius Law School, Hamburg.

Jacob B. van de Velden is Senior Associate at De Brauw Blackstone Westbroek. He acts on behalf of States and multinational companies in complex international disputes, including in the Dutch Supreme Court. Jacob is admitted to the bar in Amsterdam and New York. He holds an LL.M. from New York University School of Law (with distinction). His Ph.D. entitled ‘Finality in Litigation: The Law and Practice of Preclusion: Res Judicata (Merger and Estoppel), Abuse of Process and Recognition of Foreign Judgments’ was published in 2017 by Kluwer in its International Arbitration Law Library Series Set.