ICDR Awards and Commentaries - Volume 2
Available for Pre-Order, expected Spring, 2020.
This is the second in a series of regular compilations of arbitration awards in cases administered by the International Centre for Dispute Resolution (ICDR) of the American Arbitration Association (AAA). The book features articles and commentaries by many leading figures in international arbitration and summaries of important court decisions concerning ICDR arbitration cases in the United States and enforcement of ICDR awards outside the United States. This is an invaluable and necessary work for all those who wish to better understand ICDR Awards and their relationship to arbitration law and practice.
CHAPTER 1: Articles on ICDR Arbitration
1. A Guide to ICDR Case Management
Luis Manuel Martinez
2. Comments on the Use of AAA/ICDR Arbitration Rules in Korea
Kay-Jannes Wegner and Daewoong Lee
3. Do Arbitrators Know the Law (and Should They Find it Themselves)?
Richard L. Mattiaccio and Steven Skulnik
4. Force Majeure and Tariffs: International Contracts under Stress
Carlos J. Bianchi
5. On Arbitration of Competition/Antitrust Disputes: a Tribute to Mitsubishi
Richard C. Levins
6. The Taking of Evidence in International Commercial Arbitration: a Compromise between Common Law and Civil Law
Clémence Prevot
7. Understanding the Culture Challenges of Representing Korean Parties in International Arbitration
Byung-Chol (B.C.) Yoon and Joel Richardson
8. Use of Experts in Arbitration: Alternative for Improved Efficiency
Steven C. Bennett
CHAPTER 2: ICDR Awards and Commentaries
1. ICDR Award No. 321-08, Commentary by John Fellas and Pavlos Petrovas
Arbitral tribunal drawing adverse inferences to reach its decision.
2. ICDR Award No. 309-09, Commentary by Derek Soller
Joinder of third-party beneficiaries in telecon case.
3. ICDR Award No. 532-10, Commentary by Caline Mouawad
Dispute between chemical companies arising from an agreement to exchange or “swap” products.
4. ICDR Award No. 657-10, Commentary by Laurence Shore and Liang-Ying Tan
Emergency arbitrator case, apparently first emergency arbitrator decision challenged in a U.S. court.
5. ICDR Award No. 265-11, Commentary by Richard L. Mattiaccio
Claimants allege breach of contractual obligations by selling and disclosing technology to Claimants’ competitor, in violation of Claimants’ exclusive rights.
6. ICDR Award No. 518-11, Commentary by Stephanie Cohen
Dispute over the termination of a licensing agreement including the Respondent’s disclosure of the Claimant’s proprietary technology and confidential information to third parties.
APPENDICES
1. ICDR International Arbitration Rules
2. ICDR’s Guide to Drafting Dispute Resolution Clauses
About the Editor:
Grant Hanessian, a Partner in Baker McKenzie’s New York office, has more than 30 years experience as counsel and arbitrator in disputes concerning investment, energy, construction, commodities, financial services, intellectual property and other matters. He served as global head of Baker McKenzie's International Arbitration group from 2008-2015 and head of its North American International Arbitration group from 2003-2018. Mr. Hanessian currently serves as US member of the ICC International Court of Arbitration; chairman of the ICC-USA arbitration committee, US vice president of the LCIA North American users’ council, member of the AAA-ICDR international advisory committee and its advisory committee on Brazil and founding board member of the New York International Arbitration Center. He has edited four books and written more than 40 articles on international arbitration subjects and is annually recommended by Chambers Global and Chambers USA (“very knowledgeable and strategic in his offering of critical advice”, "an elite lawyer", “very experienced, hugely knowledgeable and effective”, a "powerful advocate for clients"), The Legal 500 (“a great practitioner” with a “strong commercial profile”), PLC’s Which Lawyer?, Who’s Who Legal: Arbitration and Expert Guide to Leading Practitioners in International Arbitration (“best of the best” in international commercial arbitration). Mr. Hanessian is Adjunct Professor of Law at Fordham Law School, where he teaches the International Arbitration Practicum course.
Associate Editor:
Jacob M. Kaplan is a Partner in Baker & McKenzie's New York office and a member of the Firm's Dispute Resolution Practice Group. Mr. Kaplan primarily handles international litigation and commercial arbitration. He has participated in ICSID, ICDR and ad hoc arbitrations, as well as state and federal litigation involving the Foreign Sovereign Immunities Act, Racketeer Influenced and Corrupt Organizations Act and the Uniform Trade Secrets Act, in addition to general contract disputes. He regularly contributes to - and assists in the editing of - Baker & McKenzie's International Litigation and Arbitration Alerts newsletter. He is also one of the primary authors of "Obtaining Evidence Located in the US for Use in Foreign Litigation," published in the first volume of International Business Litigation & Arbitration. A member of the ABA, the New York State Bar Association, and the New York City Bar, he served as secretary of the Arbitration Committee of the New York City Bar and currently serves as secretary of the International Arbitration Club of New York. Mr. Kaplan was a law clerk for the Honorable Milton Pollack of the Southern District of New York and an intern for the Honorable Sonia Sotomayor of the Second Circuit Court of Appeals. Mr. Kaplan holds a B.A. from Yale University and a J.D. from Columbia Law School and was awarded the Parker School Certificate for Achievement in International and Comparative Law.
About the Editor:
Grant Hanessian, a Partner in Baker McKenzie’s New York office, has more than 30 years experience as counsel and arbitrator in disputes concerning investment, energy, construction, commodities, financial services, intellectual property and other matters. He served as global head of Baker McKenzie's International Arbitration group from 2008-2015 and head of its North American International Arbitration group from 2003-2018. Mr. Hanessian currently serves as US member of the ICC International Court of Arbitration; chairman of the ICC-USA arbitration committee, US vice president of the LCIA North American users’ council, member of the AAA-ICDR international advisory committee and its advisory committee on Brazil and founding board member of the New York International Arbitration Center. He has edited four books and written more than 40 articles on international arbitration subjects and is annually recommended by Chambers Global and Chambers USA (“very knowledgeable and strategic in his offering of critical advice”, "an elite lawyer", “very experienced, hugely knowledgeable and effective”, a "powerful advocate for clients"), The Legal 500 (“a great practitioner” with a “strong commercial profile”), PLC’s Which Lawyer?, Who’s Who Legal: Arbitration and Expert Guide to Leading Practitioners in International Arbitration (“best of the best” in international commercial arbitration). Mr. Hanessian is Adjunct Professor of Law at Fordham Law School, where he teaches the International Arbitration Practicum course.
Associate Editor:
Jacob M. Kaplan is a Partner in Baker & McKenzie's New York office and a member of the Firm's Dispute Resolution Practice Group. Mr. Kaplan primarily handles international litigation and commercial arbitration. He has participated in ICSID, ICDR and ad hoc arbitrations, as well as state and federal litigation involving the Foreign Sovereign Immunities Act, Racketeer Influenced and Corrupt Organizations Act and the Uniform Trade Secrets Act, in addition to general contract disputes. He regularly contributes to - and assists in the editing of - Baker & McKenzie's International Litigation and Arbitration Alerts newsletter. He is also one of the primary authors of "Obtaining Evidence Located in the US for Use in Foreign Litigation," published in the first volume of International Business Litigation & Arbitration. A member of the ABA, the New York State Bar Association, and the New York City Bar, he served as secretary of the Arbitration Committee of the New York City Bar and currently serves as secretary of the International Arbitration Club of New York. Mr. Kaplan was a law clerk for the Honorable Milton Pollack of the Southern District of New York and an intern for the Honorable Sonia Sotomayor of the Second Circuit Court of Appeals. Mr. Kaplan holds a B.A. from Yale University and a J.D. from Columbia Law School and was awarded the Parker School Certificate for Achievement in International and Comparative Law.
CHAPTER 1: Articles on ICDR Arbitration
1. A Guide to ICDR Case Management
Luis Manuel Martinez
2. Comments on the Use of AAA/ICDR Arbitration Rules in Korea
Kay-Jannes Wegner and Daewoong Lee
3. Do Arbitrators Know the Law (and Should They Find it Themselves)?
Richard L. Mattiaccio and Steven Skulnik
4. Force Majeure and Tariffs: International Contracts under Stress
Carlos J. Bianchi
5. On Arbitration of Competition/Antitrust Disputes: a Tribute to Mitsubishi
Richard C. Levins
6. The Taking of Evidence in International Commercial Arbitration: a Compromise between Common Law and Civil Law
Clémence Prevot
7. Understanding the Culture Challenges of Representing Korean Parties in International Arbitration
Byung-Chol (B.C.) Yoon and Joel Richardson
8. Use of Experts in Arbitration: Alternative for Improved Efficiency
Steven C. Bennett
CHAPTER 2: ICDR Awards and Commentaries
1. ICDR Award No. 321-08, Commentary by John Fellas and Pavlos Petrovas
Arbitral tribunal drawing adverse inferences to reach its decision.
2. ICDR Award No. 309-09, Commentary by Derek Soller
Joinder of third-party beneficiaries in telecon case.
3. ICDR Award No. 532-10, Commentary by Caline Mouawad
Dispute between chemical companies arising from an agreement to exchange or “swap” products.
4. ICDR Award No. 657-10, Commentary by Laurence Shore and Liang-Ying Tan
Emergency arbitrator case, apparently first emergency arbitrator decision challenged in a U.S. court.
5. ICDR Award No. 265-11, Commentary by Richard L. Mattiaccio
Claimants allege breach of contractual obligations by selling and disclosing technology to Claimants’ competitor, in violation of Claimants’ exclusive rights.
6. ICDR Award No. 518-11, Commentary by Stephanie Cohen
Dispute over the termination of a licensing agreement including the Respondent’s disclosure of the Claimant’s proprietary technology and confidential information to third parties.
APPENDICES
1. ICDR International Arbitration Rules
2. ICDR’s Guide to Drafting Dispute Resolution Clauses