PDF of Title Page and TOC

Introduction 

PART I:  Articles on ICDR Arbitration Practice 

Chapter 1  - A Guide to ICDR Case Management
Luis Manuel Martinez

Chapter 2 - Comments on the Use of AAA/ICDR Arbitration Rules in Korea
Kay-Jannes Wegner and Daewoong Lee 

Chapter 3 - Do Arbitrators Know the Law (and Should They Find It Themselves)?
Richard L. Mattiaccio and Steven Skulnik

Chapter 4 - Force Majeure and Tariffs: International Contracts under Stress 
Carlos J. Bianchi

Chapter 5 - On Arbitration of Competition/Antitrust Disputes: A Tribute to Mitsubishi 
Richard C. Levin

Chapter 6 - The Taking of Evidence in International Commercial Arbitration: A Compromise between Common Law and Civil Law 
Clémence Prévot

Chapter 7 - Understanding the Culture Challenges of Representing Korean Parties in International Arbitration 
Byung-Chol (B.C.) Yoon and Joel Richardson

Chapter 8 - Use of Experts in Arbitration: Alternative for Improved Efficiency 
Steven C. Bennett

PART II: ICDR Awards and Commentaries 

ICDR Award No. 321-08 

Commentary
John Fellas and Pavlos Petrovas

ICDR Award No. 309-07 

Commentary
Maximilian Pailhès 

ICDR Award No. 532-10 

Commentary
Caline Mouawad, Harry Burnett and Sara McBrearty

ICDR Award No. 657-10 

Commentary
Liang-Ying Tan

ICDR Award No. 265-11 

Commentary
Richard L. Mattiaccio

ICDR Award No. 518-11 

Commentary
Stephanie Cohen

Appendices 

ICDR International Dispute Resolution Procedures 

ICDR’s Guide to Drafting International Dispute Resolution Clauses 

AAA-ICDR Model Order and Procedures for a Virtual Hearing via Videoconference 

About the Editor:

Grant Hanessian is an Independent Arbitrator in New York, specializing in international, investor-state and complex commercial disputes. Mr. Hanessian has acted as arbitrator and counsel in a wide range of commercial and treaty disputes arising under the laws of many common and civil law countries and public international law. Prior to July 2020, he was a partner at Baker McKenzie, where he practiced for 33 years, and served as global co-head of the firm’s International Arbitration Practice, head of its International Arbitration Practice in North America and head of its New York office Litigation Department.

Mr. Hanessian was the U.S. member on the International Chamber of Commerce’s International Court of Arbitration in Paris from 2015 to 2021 and chair of the Arbitration Committee of the U.S. Council for International Business (U.S. national committee of the ICC) from 2015 to 2020; he was a member of the ICC’s Commission on Arbitration and its Task Forces on Arbitration Involving States or State Entities (2013–2015) and on Financial Institutions and International Arbitration (2017–2019) (leader of Investment Arbitration and Banking & Finance work stream). He is a member of International Centre for Settlement of Investment Dispute’s Panel of Arbitrators, the American Arbitration Association—International Centre for Dispute Resolution’s International Advisory Committee and its Advisory Committee on Brazil, Vice President (for U.S.) of the London Court of Arbitration’s North American Users’ Council, Fellow of the College of Commercial Arbitrators and Chartered Institute of Arbitrators and founding board member of the New York International Arbitration Center.

Mr. Hanessian is annually recommended by Chambers Global and USA Guides (described as “strong arbitrator,” “careful, measured and brings tremendous experience”, “really thoughtful, very detailed, decisive,” “well prepared and asks the right questions,” “a mastermind,” “people go back to him again and again because of his command of the matters,” “exceptionally experienced,” “his attention to detail and ability to handle complex procedural issues sets him apart,” an “elite lawyer” who is “very experienced, hugely knowledgeable and effective,” a “powerful advocate for clients”), Legal 500 (described as “a great practitioner” with a “strong commercial profile”), PLC Which Lawyer, The International Who’s Who of Commercial Arbitration (“superb counsel and arbitrator”), and Expert Guide to Leading Practitioners in International Arbitration (ranked among “Best of the Best” in international commercial arbitration).  Mr. Hanessian is an Adjunct Professor of Law at Fordham Law School, where he teaches the International Commercial Arbitration and LL.M. International Arbitration Practicum courses.

Deputy Editor:

Derek Soller is a Partner at Pillsbury Winthrop Shaw Pittman LLP in New York. He focuses his practice on international arbitration and cross-border dispute resolution, with a particular focus on large-scale energy and infrastructure disputes. He has over 10 years of experience representing both investors and states in investor-state arbitrations and private parties in international arbitration, under all common arbitration rules (ICC, AAA, JAMS, LCIA, SIAC, ICSID). Mr. Soller has extensive experience in complex, large-scale disputes, particularly in the energy sector. He takes a commercially minded approach, focusing on avoiding and favorably settling disputes where it is advantageous to do so.

About the Contributors:

Byung-Chol (B.C.) Yoon is a Partner at Kim & Chang’s International Arbitration & Cross-Border Litigation Practice in South Korea. Mr. Yoon has extensive experience in international arbitration and cross-border disputes. He has represented clients in a broad range of fields such as mergers and acquisitions, overseas investments, construction and joint venture in more than 200 arbitration cases in various jurisdictions, under the rules of the ICC, LCIA, ICDR, SIAC, LMAA, JCAA and KCAB, as well as ad-hoc arbitration cases including UNCITRAL Arbitration Rule cases.  Before joining Kim & Chang, Mr. Yoon served as a judge at the Seoul District Court of Korea and taught as an adjunct professor at the Seoul National University College of Law. Mr. Yoon’s standing in the global arbitration community is reflected in his various positions with leading global institutions: Currently a court member of the London Court of International Arbitration (LCIA), he has previously served as a court member of the ICC International Court of Arbitration, and as a member of the SIAC Board. He currently serves on the arbitration panels of ICSID, SIAC, ICDR, HKIAC and KCAB. His arbitration expertise has also been highly valued in Korea where he was the President of the Korean Council for International Arbitration (KOCIA), playing a key role in promoting international arbitration and revising the KCAB’s International Arbitration Rules. At the same time, he served as the Secretary General of the Seoul International Dispute Resolution Centre (Seoul IDRC). Mr. Yoon has been consistently ranked in the top tier as a star individual or leading individual for international arbitration and litigation practices by various notable legal directories including Chambers Global, Chambers Asia-Pacific, Legal 500, The International Who’s Who of Commercial Arbitration and Euromoney’s Expert Guides. He frequently speaks on international arbitration issues and also has contributed numerous articles in the same field.

Caline Mouawad is a Partner at Chaffetz Lindsey LLP in New York. Ms. Mouawad has over 20 years of experience representing clients in international commercial arbitrations and investment treaty disputes, as well as related litigation matters, across the globe and in a variety of industry sectors.  She acts as counsel in arbitrations conducted in English and French before all major arbitral institutions, including the ICC, ICSID, LCIA, AAA, ICDR, and SIAC, as well as in ad hoc cases under the UNCITRAL Rules. In addition, Ms. Mouawad regularly serves as an arbitrator and is listed on the ICDR’s Panel of Neutrals and the AAA’s National Roster of Arbitrators and Mediators. Among other leadership roles, Ms. Mouawad serves as Vice-Chair of the Steering Committee of the ICC Commission on Arbitration and ADR and the Steering Committee’s liaison to the ICC Task Force on Addressing Corruption Issues. Ms. Mouawad also serves as Co-Chair of the IBA Investment Arbitration Subcommittee and is a member of the IBA Arbitration Committee’s Task Force on Privilege. Chambers Global USA recognizes Ms. Mouawad as “an excellent practitioner” and an “impressive lawyer,” and Legal 500 US praises her “excellent, steady hand in arbitration,” her “exceptional” written advocacy, and her “excellent oral advocacy skills.”

Carlos J. Bianchi acted as Arbitrator in over 70 international and domestic arbitrations, some as chair or sole arbitrator, including matters under AAA, ICC, and UNCITRAL Rules. Mr. Bianchi practiced law in the US, Latin America and Europe and was a national of Chile. His practice started in 1975 as an English Barrister. He spoke English, Spanish, French, German and Portuguese. He is the author of several articles on international dispute resolution. Mr. Bianchi died on February 24, 2019.

Clémence Prévot is qualified in NY and Paris, and now manages Jus Mundi’s Blog, content collaborations, newsletters, and Industry Insights Reports. She worked as an international arbitration lawyer in law firms and an arbitral institution, as a mediator, and with third-party funders, in Paris and London. 

Daewoong Lee is a Foreign Attorney in the International Arbitration & Cross-Border Litigation and International Construction and Projects practice groups at Kim & Chang in South Korea. He has extensive experience in claims, disputes and contracts in relation to oil & gas, power, infrastructure, industrial and environmental engineering, procurement, and construction (EPC) projects. He has a particular focus on large-scale EPC projects in the Middle East. He also regularly advises clients on a wide range of complex construction contracts issues, especially in delay and disruption claims. He has represented clients in arbitrations under ICC, LCIA, LMAA, HKIAC and KCAB rules. His experience also includes advising on commercial transactions for construction and energy projects, and he has drafted, reviewed and negotiated related agreements for projects in various jurisdictions around the world, including Korea, United Arab Emirates, Saudi Arabia, Iraq, Qatar, Kuwait, Kazakhstan, Uzbekistan, Algeria, Oman, Bahrain, and Thailand. He also advises overseas investors and clients on industrial, renewable and infrastructure projects in Korea regarding various Korean construction contract and law issues. He has also acted as project counsel in such projects during their execution. He often speaks at various construction focused events. Prior to joining Kim & Chang, Mr. Lee was a principal counsel in Samsung Engineering Co., Ltd. from 2007 to 2016 and was based in Abu Dhabi, U.A.E. from 2012 to 2015.

Eric P. Tuchmann is General Counsel and Corporate Secretary of the American Arbitration Association. As the Association’s chief legal officer, Mr. Tuchmann is responsible for managing the legal affairs of the organization including litigation related matters involving the Association and its arbitrators. Mr. Tuchmann has been involved in numerous policy initiatives related to arbitration and mediation, including acting as the Association’s liaison to the committees that revised the Uniform Arbitration Act and the Model Standards of Conduct for Mediators. In his capacity as Corporate Secretary, Mr. Tuchmann oversees the governance of the Association. Mr. Tuchmann has served as an adjunct professor of law at Fordham Law School and makes frequent presentations and has authored numerous articles on issues related to alternative dispute resolution. Mr. Tuchmann’s additional responsibilities include providing advice on cases administered by the Association, and assistance to the department of Neutrals Education. Mr. Tuchmann was the Association’s Associate General Counsel before being named General Counsel. Prior to joining the Association’s legal department, Mr. Tuchmann was Director of the International Centre for Dispute Resolution (ICDR). Mr. Tuchmann also served as Director of the Commercial Department for the Association’s New York regional office.

Harry Burnett has over 25 years of experience representing clients in litigation, international commercial and investor-state disputes under rules of the ICC, ICDR, UNCITRAL, ICSID, ICSID Additional Facility, JAMS, and CPR and has handled numerous cases related to claims under bilateral investment treaties, ECT, multilateral investment instruments and local investment laws. Mr. Burnett also frequently serves as arbitrator (sole arbitrator, party-appointed or chair) and is a Fellow in the Chartered Institute of Arbitrators and the College of Commercial Arbitrators. Mr. Burnett has been ranked in Chambers Global, USA, and Latin America and The Legal 500 USA and Latin America. (“He is off-the-charts smart but has absolutely no ego. He takes a great idea from any source, makes it better and executes it flawlessly. He has the best relationships of any outside counsel I’ve ever met, which directly helped us achieve our goals in multiple cases.”)  He has been recognized by The International Who’s Who of Oil & Gas Lawyers, Who’s Who of Energy Lawyers and is an Approved Leading Private Practitioner, as voted by the Latin American Corporate Counsel Association. He is co-author of “Arbitration of International Mining Disputes-Law and Practice” (Oxford Univ. Press) and is fluent in Spanish and Portuguese.

Joel Richardson is a Senior Member of the International Arbitration & Cross-Border Litigation Practice of Kim & Chang and leads Kim & Chang’s North American Arbitration Desk. Mr. Richardson has extensive experience representing clients in arbitrations administered by a wide variety of institutions including ICC, LCIA, SIAC, HKIAC, KCAB, AAA and CAS as well as ad hoc arbitrations, and seated in a diverse range of jurisdictions, including Seoul, Tokyo, Singapore, Hong Kong, Paris, Geneva, New York, Zurich and Lausanne. Mr. Richardson’s arbitration experience has covered a broad range of fields, including mergers and acquisitions, pharmaceuticals, energy, construction and engineering, outbound investment, joint ventures, sales of goods and intellectual property licensing.
Mr. Richardson regularly speaks at seminars and international conferences on international arbitration topics, and has published numerous articles on issues in international arbitration and cross-border dispute resolution in Korea. Mr. Richardson also regularly advises Korean parties regarding litigation in the United States and advises foreign clients regarding Korean court litigation in conjunction with Kim & Chang’s Korean licensed attorneys. Prior to joining Kim & Chang, Mr. Richardson served as a judicial clerk to Judge William D. Stiehl of the United States District Court for the Southern District of Illinois, and practiced commercial litigation with Arnold & Porter in Washington, D.C. and New York, where he gained extensive experience in all phases of litigation in federal and state trial and appellate courts.

John Fellas is an Independent Arbitrator with over three decades of experience in international dispute resolution. Until December 2020, Mr. Fellas was a partner and co-chair of the International Arbitration group at Hughes Hubbard & Reed LLP in New York, where he practiced for over 30 years. He has acted as counsel and has served as co-arbitrator, chair or sole arbitrator in arbitrations all over the world, under all the major arbitration rules, and across a range of sectors.  Mr. Fellas is recognized as a leading international arbitrator by all the major legal directories including Chambers USA where he is ranked as “one of the best—his reputation is phenomenal and deserved.” In 2020, he was identified as one of the “Global Elite Thought Leaders” in Arbitration by Who’s Who Legal, which noted that the “eminent” Mr. Fellas is “an excellent arbitrator.”  In 2019, he was recognized as the Best Lawyer in New York for International Arbitration—Commercial by Best Lawyers. In 2022, he was recognized as the Best Lawyer in New York for International Arbitration—Governmental by Best Lawyers. Mr. Fellas has practiced in both the U.S. and the UK, and, in addition to being a member of the New York Bar, he is a solicitor of the Supreme Court of England and Wales (non-practicing). He received a B.A. (Hons.) in law from the University of Durham, and both an LL.M. and an S.J.D. from Harvard Law School. Mr. Fellas is an adjunct professor at New York University School of Law, teaching international arbitration.

Kay-Jannes Wegner is a Partner in Mayer Brown’s Singapore office and is a member of Mayer Brown’s International Arbitration practice. He has extensive experience in representing clients in cross-border disputes arising out of a wide range of sectors including construction, power projects, telecommunications, pharmaceuticals, and joint ventures. 
Mr. Wegner is qualified as lawyer in England and Germany. He is appointed to the KCAB and the SHIAC panel of international arbitrators as well as HKIAC list of Arbitrators. Mr. Wegner is recognized as a leading individual in various legal directories including The Legal 500 and Chambers and Partners. Prior to joining Mayer Brown, Mr. Wegner practiced international arbitration at leading international firms in London, South Korea and Singapore.

Liang-Ying Tan is a Senior Associate specializing in international arbitration at Herbert Smith Freehills LLP in New York. Ms. Tan is dual qualified to practice in New York and Singapore.  She has been a member of the New York Bar since 2010. Prior to joining the firm, Ms. Tan clerked for Vice-President Bernardo Sepúlveda-Amor and Judges Abdul G. Koroma and Julia Sebutinde at the International Court of Justice and was an associate at Gibson Dunn & Crutcher LLP, New York City. She previously clerked for the Chief Justice and Judges of the Singapore Supreme Court, and served concurrently as an Assistant Registrar of the High Court. Ms. Tan also has appellate and commercial litigation experience with a major law firm in Singapore.  She has particular experience in large project and energy disputes, working with engineering experts.

Luis Manuel Martinez is the Vice President of the ICDR located in New York and serves as an integral part of the ICDR’s international strategy team and is responsible for international arbitration and mediation business development for the east coast the United States (from Maine to Florida), Central and South America, the Caribbean, European Union and the United Kingdom. Mr. Martinez recruits and maintains the highest qualified panel in those areas for the ICDR’s International Panel of Arbitrators and Mediators. He is responsible for the ICDR’s cross-border arbitration and mediation in the region, providing executive oversight of large cases. Mr. Martinez was the first attorney hired for the newly created ICDR in 1996, also its first director. Honorary president of the Inter-American Commercial Arbitration Commission (IACAC), he is a prolific contributor to publications on international arbitration and a frequent speaker at worldwide programs.

Maximilian Pailhès is a Tribunal Secretary in international arbitration cases and law clerk to Mr. Hanessian in New York. His focus is on commercial arbitration involving large multinational companies. He has experience with major arbitration institutions, such as the ICC, ICDR and ICSID. Mr. Pailhès graduated with the Hawk Family Prize from his LL.M. in international Business and Trade Law at Fordham University School of Law. Before that, he studied law in France and Germany with a focus on international trade law and arbitration.

Pavlos Petrovas is Of Counsel with William Bennett & Associates Newport Beach, California, United States advising on corporate immigration & mobility matters. Previously he was as associate in Hughes Hubbard’s New York office and served as a law clerk to the Honorable Charles P. Kocoras, U.S. District Judge for the Northern District of Illinois. He has represented U.S. and international clients in various industries, including the energy, financial services, and intellectual property industries.  In 2014, Mr. Petrovas co-authored a White Paper on women’s access to justice worldwide and assisted in its presentation to the Union Internationale des Avocats at the United Nations headquarters in New York.  Mr. Petrovas is licensed to practice law in France and is fluent in French, Italian, Spanish and Greek.

Richard C. Levin is an Independent International and Domestic Arbitrator specializing in complex disputes, with a special focus on competition, antitrust, and IP cases. He practices out of Dallas and London. Mr. Levin has dealt with international arbitration issues and cross-cultural disputes for over 35 years, first as counsel and then as arbitrator. After serving as a law clerk for Hon. John C. Godbold on the Fifth Circuit United States Court of Appeals, Mr. Levin started his career as a litigator at Sullivan & Cromwell in New York. He later joined Akin Gump Strauss Hauer & Feld where he became a partner in the litigation practice. While at Akin Gump he has practiced as counsel and arbitrator, with a focus on disputes related to competition issues, investment, high value art, energy, IP, artificial intelligence, construction, and sports or athletics. Mr. Levin has served on panels and as sole arbitrator in international arbitrations (ICC, ICDR, UNCITRAL) and is a member of the Arbitrator Databases at the ICC and LCIA and the Roster of Neutrals of the AAA, ICDR, HKIAC, KCAB, WIPO, KLRCA (AIAC), CRCICA, and other institutions. Mr. Levin is also a Fellow of the Chartered Institute of Arbitrators (FCIArb) and has been selected as a Chartered Arbitrator. He has also been selected to the Tech List of the SVAMC (Silicon Valley), a peer vetted selection of “the world’s leading technology neutrals,” and, through his interest and legal experience with the arts, has been selected to serve on the Court of Arbitration for Art (CAFA) at the Hague.

Richard L. Mattiaccio is a Chartered Arbitrator and Fellow of the Chartered Institute of Arbitrators (CIArb), a Fellow of the College of Commercial Arbitrators (CCA), and Adjunct Professor at Fordham Law School where he teaches international commercial arbitration, and a Course Director of the Columbia-CIArb Comprehensive Course on International Arbitration. He has been an active AAA panel arbitrator continuously since 1987 and has served as chair, sole arbitrator and panel member in scores of complex domestic and international commercial cases including IP-related disputes. He has had 40 years of experience as New York counsel in international and domestic commercial arbitration and in commercial, cross-border, shareholder and IP litigation.  He is the immediate past Chair of the CIArb New York Branch and of the New York City Bar Association International Commercial Disputes Committee (ICDC). He serves on NYSBA and City Bar committees related to arbitration as well as on arbitration rules revision working groups.

Sara McBrearty is a Senior Associate on King & Spalding’s International Arbitration team in the Houston office.  She focuses on complex, international commercial and investment disputes arising from long-term and multinational projects. Ms. McBrearty has represented clients in several of the largest international arbitrations on record, and has particular experience in the energy sector. Ms. McBrearty has acted as counsel in international and domestic arbitration proceedings held under the auspices of most of the major arbitral institutions and rules, including the International Centre for Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC), the American Arbitration Association/International Centre for Dispute Resolution (AAA/ICDR), the Singapore International Arbitration Center (SIAC), the Hong Kong International Arbitration Centre (HKIAC), the Energy Charter Treaty (ECT), the Cairo Regional Center for International Commercial Arbitration (CRCICA), JAMS and ad hoc cases under the Permanent Court of Arbitration and UNCITRAL Rules.  She has also represented clients in arbitration-related proceedings in U.S. federal courts and Texas state courts.

Stephanie Cohen (www.cohenarbitration.com) is a Canadian Arbitrator of international and domestic commercial disputes based in New York City. With more than twenty years of arbitration experience, including over ten exclusively as an arbitrator, Ms. Cohen is internationally recognized as a leading arbitrator by Chambers Global and USA Guides and as a Who’s Who Legal Thought Leader, and is renowned for practical and scholarly work on cybersecurity and technology’s impact on the arbitral process. She is intimately familiar with ICDR/AAA rules and procedures as a trainer of new AAA arbitrators since 2019 and as a member of the ICDR and AAA arbitrator rosters, the ICDR Publications Committee, and the ICDR subcommittee that revised the 2014 ICDR Rules. Ms. Cohen is also a Fellow of the Chartered Institute of Arbitrators and Chair of its New York Branch.

Steven C. Bennett’s practice in New York City focused on complex domestic and international commercial litigation and arbitration, including bankruptcy, construction, corporate governance, data security, energy, privacy, real estate and other matters. Mr. Bennett gained extensive trial experience during six years at the Office of the United States Attorney for the Southern District of New York, where he served as Chief of the Tax and Bankruptcy Unit. He later spent many years as a partner in major international law firms. He was on the roster of arbitrators and mediators for the American Arbitration Association, the Council of the AAA, and the Advisory Committee on Large, Complex Cases for the AAA. He served as a founding member of the Sedona Conference Working Group on International E-Discovery. He taught a course on e-Discovery at Hofstra Law School and on Civil Rights at Brooklyn College. He was a former Co-Chair of the NYSBA Committee on E-Discovery, former Co-Chair of the NYSBA Committee on ADR in the Courts and Co-Chair of the NYSBA Committee on Ethics in ADR. Mr. Bennett published several books, including Arbitration: Essential Concepts (American Lawyer Media) in 2002, A Privacy Primer for Corporate Counsel (Aspatore/West) in 2009 and (with Chris Lopata), Line By Line Commercial Settlement Agreements (Aspatore) in 2012. Mr. Bennett died on December 20, 2019.

Steven Skulnik has acted in over 50 arbitrations as Co-arbitrator, Sole Arbitrator, or Chair, principally in AAA and ICDR matters. He has trial and appellate experience in many areas including commercial contracts, art and antiquities law, banking, employment law, real estate, shareholder and partnership disputes, trade secret, trademark, information technology and unfair competition. He is a Senior Arbitration Editor at Practical Law (Thomson Reuters) after having served as counsel at Squire Patton Boggs (US) LLP and a partner at Pavia & Harcourt LLP.