Interim Measures in International Arbitration
Author(s):
ISBN:
978-1-937518-40-0
Page Count:
956 pages
Published:
November, 2014
Practice Areas:
Jurisdictions:
The first edition of Interim Measures in International Arbitration edited by Lawrence Newman and Dr. Colin Ong, is most auspicious in its timing. The editors have compiled a shrewd and very practical questionnaire and they have gathered together a formidable group of some of the most reputed and talented practising arbitration lawyers, academics and arbitrators from 43 leading jurisdictions to inform the reader about the essential elements of the different interim measures which are available as part of the arbitral process in a very large number of different national jurisdictions. This book, thus, combines the best elements of a focused legal textbook with the essential practicalities of a practitioners' procedural handbook. This should be a standard travelling-companion of international arbitrators and counsel as well as many international lawyers--not just those who are arbitration specialists.
PDF of Title Page and T.O.C.
Foreword
About the Editors
About the Contributors
Introduction
Questionnaire
Alfredo L. Rovira and Joaquín Vallebella
Doug Jones
Nikolaus Pitkowitz
Bernard Hanotiau
Eduardo Damião Gonçalves and Flávio Spaccaquerche Barbosa
J. Brian Casey and Janet Mills
Fernando Jamarne, Nicolás Miranda and Sofía Haupt
Liu Yi
Eduardo Zuleta
Alexander J. Bělohlávek
Juan Manuel Marchan
Mohamed Abdel Raouf
Guy Pendell
Jan Waselius and Josefine Hackman
Alexis Mourre
Richard Kreindler and Thomas Kopp
Teresa Cheng
Sumeet Kachwaha
Michael M. Collins SC, Nael G. Bunni, Barry Mansfield
and Darren Lehane
Louis Garb
Anna de Luca and Giorgio Sacerdoti
Hiroyuki Tezuka and Yoko Maeda
Eun Young Park and Joel E. Richardson
Vinayak Prahan
Claus Von Wobesor
David Williams and Stephanie Thompson
Knut Boye
Victor P. Lazatin
Piotr Nowaczyk
Agostinho Pereira de Miranda and Pedro Sousa Uva
Alexander S. Komarov
David Bartos and Hew R. Dundas
Michael Hwang and Colin Ong
Des Williams
Bernado M. Cremades
Kaj Hobér
Lukas Wyss
Alastair Henderson and Vanina Sucharitkul
Ziya AKINCI
Gordon Blanke and Khalil Mechantaf
Grant Hanessian and Jeremy Tor
Eugenio Hernández-Bretón
Hop Dang, Hieu Nguyen and Trang Dang
About the Editors
LAWRENCE W. NEWMAN is Of Counsel in the Litigation
Department of Baker & McKenzie LLP in New York, where his practice
is focused on international litigation and arbitration. He was the
Chairman of the National Committed of Claimants (USICC) in
arbitrations against Iran in the Iran-US Claims Tribunal and has
represented clients in numerous commercial and investment arbitrations
before various tribunals around the world. He was, from 2003-2007, the
Chairman of the International Disputes Committee of the New York City
Bar and was, from 2008 to 2012, the Chairman of the Arbitration
Committee of the International Centre for the Prevention of Resolution
and Conflicts (CPR). He is currently Chairman of the Arbitration
Subcommittee of the Chartered Institute of Arbitrators. Mr. Newman has
been, since 2010, the Chairman and convening member of the
International Arbitration Club of New York. He has been responsible
since 1982 for the "International Litigation" column of the New York
Law Journal and is the editor and author of numerous books and articles
on litigation and arbitration. He is a Fellow of the College of
Commercial Arbitrators, a Fellow of the Chartered Institute of
Arbitrators, and an elected member of the American Law Institute and is
a member of various other bar and international arbitration organizations.
He is the founder and organizer of four series of international arbitration
seminars, "The Leading Arbitrators' Symposia on International
Arbitration," "Electronic Evidence in International Arbitration," "Cross-
Examination in International Arbitration" and "Damages in International
Arbitration."
COLIN ONG is Managing Partner of Dr. Colin Ong Legal Services,
Brunei. His experience as arbitrator and as counsel includes disputes in coal (mining & supply),
construction, electricity, international trade; investor-state disputes; joint
venture, major infrastructure projects (bridges, plants; rigs and roads); oil
and gas (upstream & downstream), shipping and technology. He has
acted as arbitrator or as counsel in over 150 international arbitrations
under most major rules including AAA, BANI, CIETAC, HKIAC, ICC,
LCIA, LMAA, SIAC; UNCITRAL and WIPO. Listed by Global
Arbitration Review as one of 45 leading international arbitration
practitioners under 45. President of Arbitration Association Brunei
Darussalam; Governing Councillor of Indonesian National Arbitration
Board (BANI); Cambodian National Arbitration Centre; a vice-president
of APRAG and Advisory Committee of China-ASEAN Legal Research
Center. Former principal legal consultant to ASEAN Centre for Energy;
Former Vice-Chair of IBA Arbitration Committee, Former Vice
President of LCIA Asia-Pacific Users' Committee. He is or has been
visiting professor of law at both Civil law and Common law universities
including Kings College (London); Queen Mary (London); National
University of Malaysia (UKM); National University of Singapore
(NUS); University of Malaya; and Padjajaran University (Indonesia).
Author of many books on arbitration and litigation and editorial board
member of legal journals including Arbitration (CIArb); Asian
International Arbitration Journal; Business Law International;
Butterworths Journal of International Banking & Financial Law;
Dispute Resolution International and Maritime Risk International.
Qualifications: Barrister and a Master of the Bench of the Inner Temple;
Advocate & Solicitor of Supreme Court of Brunei; Advocate & Solicitor
of Supreme Court of Singapore; Chartered Arbitrator; FCIArb; FMIArb;
FSIArb and DiplCArb; LL.B (Sheffield); LL.M; Ph.D (Queen Mary,
London).
About the Contributors
ZIYA AKINCI is the Founding Partner of Akinci Law Offices, Turkey.
Prof. Dr. Akinci acts as party counsel in arbitrations, both domestic and
international, under ICC, ICSID and ad hoc rules. Prof. Dr. Akinci also
sits as arbitrator in disputes under the ICC and other institutes, including
ITO, SCC and TRAC and under ad hoc rules. The arbitration disputes
that Prof. Dr. Akinci has been involved in are wide in range and
character; from large construction projects, to energy projects,
investment disputes, and GSM licenses. Prof. Dr Akinci has previously
been requested to provide an expert opinion in various arbitration cases.
Prof. Dr. Akinci was first admitted to the Bar in 1986. He received his
PhD in 1992 after attaining an LLM from Exeter University, UK in 1991,
and Ankara University in 1987. Prof. Dr. Akinci is the author of
numerous books and publications. The subjects of his books and articles
range from International Arbitration to International Construction
Contracts. He has recently published Arbitration Law of Turkey, Practice
and Procedure 2011, which is written in English. Prof. Dr. Akinci is a
member of the following institutions; the ICC Court of Arbitration, the
LCIA, the IBA, the INTA, the Swiss Arbitration Association, the
Swedish Chamber of Commerce and the Turkish-Scandinavian
Businessmen's Association. Prof. Dr. Akinci is also an honorary member
of the Swiss Arbitration Academy.
FLÁVIO SPACCAQUERCHE BARBOSA is Senior Associate with
Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga Advogados; admitted to
the Brazilian Bar, São Paulo and Rio de Janeiro Chapters. Flávio has
served as a client advocate in arbitrations involving mergers and
acquisitions, shareholder rights and other commercial disputes involving
many different industry sectors, such as construction, energy (including
oil and gas), insurance, among others, administered under ICC or
different Brazilian institution rules. He has published law review articles
in Brazil and abroad and he is a member of the Brazilian Arbitration
Committee, the Young Arbitrators Forum of the International Chamber
of Commerce (ICC), the Young-OGEMID, and the Young International
Arbitration Group of the London Court of International Arbitration
(LCIA). Education: Bachelor of Laws, Catholic University of São Paulo
(PUC/SP); Specialist in Consumer Law, Catholic University of São
Paulo (PUC/SP); Master of Laws (Master 2-Recherche) in International
Economic Law, with specialization in Dispute Resolution, Université
Paris I (Panthéon Sorbonne).
DAVID BARTOS FCIArb is a Scottish Advocate (Barrister) practicing
in commercial, property, trust and succession law from Edinburgh and
throughout Scotland since 1993. He has acted as an arbitrator and has a
special interest in arbitration both in Scotland and internationally. He
contributed to the drafting of the new arbitral code for Scotland, the
Arbitration (Scotland) Act 2010 and together with Hew Dundas he has
co-authored the definitive book on the 2010 Act, the 2nd edition of which
will be published in 2014.
ALEXANDER J. BĚLOHLÁVEK, Professor, Prof. zw., Dr.iur., Mgr.
iur., Dipl. Ing. (oec), dr.h.c., graduated in law and in international
economics, Ph.D. in civil law, professor of international law and
professor of economics. Professor in the Czech Republic and in Poland.
Arbitrator, practising lawyer, managing partner of Belohlavek Law
offices in Prague / Czech Republic (branch in N.J. / USA). Member of
the ICC International Court of Arbitration, Chairman of the commission
on arbitration with the National Committee ICC Czech Republic,
arbitrator at the permanent arbitral institutions in the Czech Republic,
Austria, Poland, Russia, Ukraine, Lithuania, Belaruss, Kazakhstan,
Moldova, Bulgaria, Slovenia, ICC arbitration, arbitration pursuant to
UNCITRAL Rules etc. Member of ASA (Switzerland), DIS (Germany),
ArbAut (Austria), IBA, ABA, ILA, Associated Member of the Law
Society of England and Wales etc. He served as arbitrator (chairman,
sole arbitrator or chairman) or as expert witness in more than 280
domestic and international arbitrations. President of the World Jurist
Association (Washington D.C., USA). Author of almost 90 books (in
various countries and languages), and more than 320 published papers.
Editor of CYIL--Czech Yearbook of International Law and CYArb--
Czech (& Central European) Yearbook of Arbitration (published by
JurisPublishing and JurisNet), member of editorial boards of many
periodicals. Specialized in: international arbitration, international private
law (conflict-of-laws), international litigation, public international law,
international finances, corporate law.
GORDON BLANKE, MCIArb, LLM., is sector leader of the
International Arbitration Practice in Baker & McKenzie, Habib Al
Mulla, Dubai and Abu Dhabi. Dr. Blanke has wide-ranging experience in
all types of international commercial arbitration in both common and
civil law jurisdictions, having acted as advising counsel and arbitrator
under most leading institutional arbitration rules (including ICC, LCIA,
DIAC, DIFC-LCIA, ADCCAC, GCC and JAMS Rules) and ad hoc in
arbitrations seated in the US, Europe and the Middle East in relation to a
wide variety of industry sectors, including private equity, banking &
finance, construction, real estate, commodities, hospitality, travel, luxury
brands, maritime and oil & gas. Dr. Blanke is a regular commentator and
presenter on UAE and international arbitration across Europe, the US
and the Middle East. He is a regular academic contributor on the subject
and has published over one hundred books, articles and case
commentaries internationally. Dr. Blanke is the author of Annotated
Guide to Arbitration in the UAE--Volume I: The UAE Arbitration
Chapter, published with Thomson Reuters in 2014 as well as editor of
the twin publication Comparison of Gulf International Arbitration Rules
and Comparison of MENA International Arbitration Rules, Juris 2010
and 2011 respectively. He is a member of the editorial board of
Arbitration, the Journal of the Chartered Institute of Arbitrators in
London.
KNUT BOYE is a Partner at Advokatfirmaet Simonsen Vogt Wiig AS
(www.svw.no) in Oslo, Norway. He is admitted to plead before the
Norwegian Supreme Court and is approved as mediator by the
Norwegian Bar Association. His practice is focused on commercial
dispute resolution in arbitration, litigation or negotiation/mediation, also
in international disputes and undertaken in English. He has also acted as
arbitrator and as mediator. He has written the book: "Sakførsel"
("Litigation"), now to be published in its fourth edition, and a book about
preclusive time bars in litigation, as well as numerous articles in
Norwegian and international books and periodicals. He lectures for the
bar exam and for the court administration office on litigation, legal ethics
and related subjects. He is a member of the special committees regarding
civil procedure of both the Norwegian Bar Association and the
Norwegian Jurists' Continuing Education Organization. Mr. Boye's
practice also covers contract law, company law and commercial law in
general. In addition to his law degree he has an MBA from Columbia
University, New York. He is fluent in English, Norwegian and Swedish,
conversational in French, Italian and Danish. kb@svw.no.
NAEL G. BUNNI is a Chartered Engineer, Registered Chartered
Arbitrator, Conciliator/Mediator and since 1996, Visiting Professor at
Trinity College Dublin. He is Past President of the Association of
Consulting Engineers of Ireland; and Past President of the Chartered
Institute of Arbitrators, Worldwide. Also, Past Chairman of FIDIC's
Standing Committee on Professional Liability; and its Task Committee on
Construction, Insurance and Law. In 1999, he was elected a Fellow of the
Irish Academy of Engineering and in March 2000, elected member of the
International Council for Commercial Arbitration, ICCA, which is a
gathering by cooption of 45 members of the foremost leaders in the field
of dispute resolution worldwide. Presently, he is a member of ICC's
Commission on International Arbitration & ADR. Dr. Bunni has been
involved in many civil and structural engineering projects in Ireland and
abroad and has won a number of professional awards for his work in
engineering design and in dispute resolution. He has acted as dispute board
member, conciliator/mediator, arbitrator or chairman of arbitral tribunals
in numerous domestic and international disputes involving parties from
over fifty jurisdictions. As arbitrator, in over one hundred and forty cases
of dispute, either as sole arbitrator or as a member of a tribunal or as
chairman of an arbitral tribunal. Many of these appointments were under
the ICC Rules of Arbitration; the LCIA Arbitration Rules; the UNCITRAL
Arbitration Rules; the Rules of the Cairo Regional Centre for International
Commercial Arbitration; or the Dubai International Arbitration Centre. Dr.
Bunni is the author of numerous technical papers and three books, most
recent of which are: "Construction Insurance" now in its second edition
under the title of "Risk & Insurance in Construction", published by Spon
Press, London, in March 2003; and "The FIDIC Forms of Contract"
published in its third edition in May 2005 by Blackwell Publishing,
Oxford (now John Wiley & Sons Ltd).
J. BRIAN CASEY is a founding member of Bay Street Chambers, a
barristers' chambers devoted to commercial arbitration. He has over 36
years of experience in commercial dispute resolution and is a former
Chair of the North American litigation group of Baker & McKenzie. Mr.
Casey holds bachelor's degrees in both Engineering and Law and has an
LL.M. in international business law from York University. In 1995 he
was designated a Fellow of the Chartered Institute of Arbitrators. He is
listed in tier one in Chambers Global, Who's Who Legal and in the
American Lawyer/ Lexpert Guide to the leading 500 lawyers in Canada.
Mr. Casey is the author of Arbitration Law of Canada: Practice and
Procedure published by Juris and is an adjunct professor at the
University of Toronto law school where he teaches international dispute
resolution. During his career, Mr. Casey has been retained as arbitrator,
chairman of the tribunal, or as counsel in numerous commercial
arbitrations both ad hoc and institutional under the auspices of the LCIA,
ICC, and the AAA/ICDR. Mr. Casey has also acted in investor/State
arbitrations under Chapter 11 of the NAFTA administered by ICSID and
other investor/state arbitrations arising out of Bilateral Investment
Treaties.
TERESA CHENG GBS SC JP FICE, FCIArb is a Senior Counsel,
Chartered Engineer, Chartered Arbitrator and Accredited Mediator. Ms.
Cheng is the Chairperson of Hong Kong International Arbitration Centre
(HKIAC), a Vice-President of the International Council of Commercial
Arbitration (ICCA), and a member of the International Centre for
Settlement of Investment Disputes (ICSID) panel of Arbitrators,
designated by the Chairman of the ICSID Administrative Council. In
2008, she was the first Asian woman elected through a global election as
President of the Chartered Institute of Arbitrators (CIArb). Ms. Cheng
was awarded the Gold Bauhinia Star by the Chief Executive of Hong
Kong in recognition of her public service to Hong Kong in 2011. She is
currently the Chairperson of Financial Dispute Resolution Centre, and
has also sat as a Deputy Judge in the Court of First Instance of the High
Court of Hong Kong. Ms. Cheng is a Fellow of King's College, London,
and the Course Director of the International Arbitration and Dispute
Settlement Course at the School of Law, Tsinghua University. Ms.
Cheng has co-authored numerous books and articles in journals and
seminars. Some of her recent publications include "Construction Law
and Practice in Hong Kong" and "Arbitration in Hong Kong: A Practical
Guide", published by Sweet & Maxwell, as well as papers in the
"International Council for Commercial Arbitration Congress Series",
published by Kluwer Law International.
MICHAEL M. COLLINS SC is a Barrister practicing at the Irish Bar
and the English Bar (through Monckton Chambers), having been called
to the Irish Bar in 1978 and the English Bar in 1987. Mr. Collins is a
Bencher of the Honourable Society of King's Inns, an Adjunct Professor
at University College Dublin Law School and a CEDR accredited
mediator. For two years from 2008 to 2010 he was Chairman of the Bar
Council of Ireland and is currently President of Arbitration Ireland. He
also has an extensive practice in commercial arbitration (domestic and
international) both as counsel and as arbitrator. He has had appointments
as arbitrator from the ICC Court of Arbitration and is one of Ireland's
representatives on the ICC Commission on Arbitration. He is also a
member of the International Centre for Dispute Resolution (ICDR) Panel
of Arbitrators. Mr. Collins has appeared many times before the European
Court of Justice and acts frequently as counsel in arbitrations and as
arbitrator. He commenced practice as a barrister in Ireland in 1981 and
was admitted as a senior counsel in 1994. He is also admitted to practice
in New South Wales and before the Bar of the U.S. Supreme Court. He
was appointed by the Irish Government as Chairman of the Competition
and Mergers Review Group whose report on competition law in 2000
was the basis of the Irish Competition Act 2002.
BERNADO M. CREMADES is a Senior Partner at B. Cremades y
Asociados. His practice is focused on international commercial
arbitration and transnational investment disputes. He has acted as
counsel, party-appointed arbitrator and president of arbitral tribunals in
more than 340 arbitrations. His professional experience in the field of
arbitration includes acting in proceedings under the auspices of all major
international arbitration institutions, including the ICC, ICSID, AAA,
CRCICA or LCIA as well as "ad hoc" arbitrations. He is a member of
the International Council of Commercial Arbitration (ICCA), the ICC
Institute of World Business Law, and is a former President of the
Arbitration Committee of the International Bar Association. He is a
Spanish appointee to the Panel of Arbitrators in the International Centre
for the Settlement of Investment Disputes (ICSID). Mr. Cremades is
recognised as the leading Spanish international arbitration practitioner
("number one practitioner in Spain for commercial arbitration legal
expertise" and "one of the top names in the industry", Who's Who legal,
July 2005).
He is fluent in Spanish, French, English and German.
HOP DANG is a Partner of Allens in Hanoi, specialised in infrastructure
project developments and international arbitration. He has acted on a
large number of high profile infrastructure projects in Vietnam
(including power plants and refineries). He regularly acts as arbitrator in
cross border disputes at the Singapore International Arbitration Centre
and the Vietnam International Arbitration Centre. He holds law degrees
from Vietnam and Australia and wrote his doctoral thesis on
international law and state contracts at the University of Oxford. He
regularly lectures in choice of law, investment and arbitration at law
schools in Vietnam, Singapore, China and Australia.
TRANG DANG is an Associate at Allens in Hanoi. Her areas of
expertise include foreign investment and commercial matters. One of her
interests is international arbitration and she has participated in a number
of arbitration related academic activities. She graduated from Hanoi Law
University.
HEW R. DUNDAS is a Chartered Arbitrator (CIArb) and DipICArb and
a Panel Arbitrator in England, Scotland, Beijing, Kazakhstan, Singapore,
Kuala Lumpur, Hong Kong, India, Slovenia and the USA and is a
member of many leading arbitral institutions. He is Honorary Vice-
President, Scottish Arbitration Centre and Chairman of the Advisory
Board of the Chinese European Arbitration Centre (Hamburg) and
Presidente Honorario, Centro International de Arbitraje e Mediación
(Quito). Mr. Dundas has spent more than 35 years in the Oil & Gas
industry, initially in-house including being Head of Legal, Company
Secretary and Group Insurance Manager at Cairn Energy PLC (at one
time the 48th largest UK (FTSE)-quoted company) before becoming (in
1998) a full-time International Arbitrator, Mediator and Expert
Determiner in oil & gas, energy, power, coal and general commercial
disputes. He made significant contributions to the Arbitration (Scotland)
Act 2010 and co-authored the definitive book on the Act (a heavilyupdated
2nd edition will be published in April 2014) as well as publishing
chapters on it in various other books. He also co-authored the ICCA
National Chapter on Arbitration in Việt Nam, one of the very few nonnationals
to contribute a National Chapter and possibly the only one to
co-author a wholly new chapter. He writes and publishes widely
(including in London, New York, Houston, Hong Kong, Singapore,
Kuala Lumpur, Moscow and Almaty) on UK and international arbitration
law and related topics; his total output is approx. 1,000,000 words. He
also lectures on International Commercial Arbitration at Edinburgh,
Dundee, Brunel, Kingston and Northumbria Universities in the UK and
has lectured at universities around the world. He is heavily involved in
the Willem C Vis International Commercial Arbitration Moot in both
Hong Kong and Vienna. In 2005 he was elected President of the
Chartered Institute of Arbitrators (approx. 12,000 members in 108+
countries) for calendar 2007.
LOUIS GARB is Principle at Louis Garb, Adv. & Notary based in
Jerusalem, Israel. The firm specializes in the practice of private
international law, and is the editor of important books in this field of law.
Louis Garb, a member of the Israel bar, is also admitted to practice in
South Africa and Botswana, and is a Jurisconsulte for Monaco. He
specializes in private international law. The firm undertakes contentious
and non-contentious matters in cases of probate and succession
(including declaration of death), enforcement of foreign judgments, and
international commercial litigation including arbitration and child
abduction (civil aspects). Louis Garb provides Israeli courts with expert
opinions on foreign law, and maintains contact with legal professionals
throughout the world and has represented private individuals,
corporations and foreign governments and their embassies in the above
mentioned fields of law, and also acts as a notary.
EDUARDO DAMIÃO GONÇALVES is a Partner with Mattos Filho,
Veiga Filho, Marrey Jr. e Quiroga Advogados; admitted to the Brazilian
Bar, São Paulo, Brasília and Rio de Janeiro Chapters. Eduardo has served
as a client advocate in arbitrations involving mergers and acquisitions,
shareholder rights, construction, energy (including oil and gas),
information technology, telecommunications, insurance, and distribution,
among others, administered under ICC, UNICITRAL, or Brazilian
institution rules, and has served as an arbitrator in a variety of arbitration
proceedings. He has published law review articles and is a frequent
speaker at alternative dispute resolution conferences both in Brazil and
abroad. He served as Chairman of the Brazilian Committee on
Arbitration (www.cbar.org.br). He currently serves on the roster of
arbitrators of Brazil's leading arbitration institutions and as an officer of
the IBA Arbitration Committee, and is a member of the French
Arbitration Committee, the ICC Latin American arbitration group, the
International Arbitration Institute (IAI), and the Board of the Arbitration
Centre for AMCHAM (SP). Mr. Gonçalves is a Lecturer in Law at
Fundação Getúlio Vargas and was a visiting scholar at Boston University
School of Law. Education: Bachelor of Laws, Universidade de São
Paulo; Master of Laws (D.E.A.) in Private International Law and
International Commerce, with specialization in Arbitration, Université de
Paris II (Panthéon-Assas); Ph.D. in Law, Universidade de São Paulo.
JOSEFINE HACKMAN joined Waselius & Wist in 2012 after having
obtained her LL.M. from the Law Faculty of the University of Helsinki
in 2011. Ms. Hackman received her B.Sc. (Econ) from the Hanken
School of Economics in 2011. Her previous engagements include acting
as Compliance Officer at the Nordic Investment Bank and internships at
other law firms (in Finland and Moscow). Ms. Hackman regularly
advises clients on Finnish corporate and commercial matters, mergers
and acquisitions, intellectual property law and in dispute resolution
matters, including arbitration. Her recent publications include, among
others, the Finland chapter in the publication Legal Aspects of Doing
Business in Europe, which provides a general overview of the legal
environment in Finland. Josefine Hackman is a member of the Finnish
Law Society and the Young Arbitration Club Finland.
GRANT HANESSIAN is Co-Chair of Baker & McKenzie's
International Arbitration Practice Group. He served as Chair of the
Litigation Department of the Firm's New York office from 2003-2012.
He has more than 25 years of experience as counsel and arbitrator in
disputes concerning investment treaty, contract, energy, construction,
commodities, financial services, insurance, intellectual property and
other matters. Mr. Hanessian is Vice Chairman of the Arbitration &
ADR Committee of the United States Council for International Business
(USCIB), the U.S. national committee of the International Chamber of
Commerce (ICC), a member the ICC Commission on Arbitration, ICC
Task Force on International Arbitration with States and State Entities,
AAA-ICDR International Advisory Committee and its Subcommittee on
Revision of the ICDR Rules and the ICDR Advisory Committee on
Brazil, New York State Bar Association Task Force on International
Arbitration, International Arbitration Club of New York, Arbitration
Committee of the International Institute for Conflict Prevention and
Resolution, New York City Bar Association's International Law
Committee and Club Español del Arbitraje, and a founding board
member of the New York International Arbitration Center. Mr.
Hanessian writes and speaks frequently on international arbitration
topics. He is editor of ICDR Awards and Commentaries (Juris Pub.
2012) and co-editor of Comparison of International Arbitration Rules
(American Bar Association Section of International Law, forthcoming
2014), International Arbitration Checklists (Juris Pub., 2nd ed., 2008),
Gulf War Claims Reporter (ILI/Kluwer, 1998) and Baker & McKenzie's
International Litigation & Arbitration Newsletter. Mr. Hanessian is
recommended by Chambers Global and USA Guides (described as "very
experienced, hugely knowledgeable and effective"), Legal 500
(described as 'a great practitioner' with a 'strong commercial profile'),
PLC Which Lawyer, The International Who's Who of Commercial
Arbitration and Expert Guide to Leading Practitioners in International
Arbitration.
BERNARD HANOTIAU is a Partner at Hanotiau & Van Den Berg. He
is a member of the Brussels and Paris Bars. Since 1978, Bernard
Hanotiau has been actively involved in more than 350 international
arbitration cases as party-appointed arbitrator, chairman, sole arbitrator,
counsel and expert in all parts of the world. Mr. Hanotiau is a professor
at the law school of Louvain University (Belgium) where he teaches
international arbitration. He is a member of the ICCA Council and of the
Council of the ICC Institute and a member of the ICC International
Arbitration Commission. He is also vice-president of the Institute of
Transnational Arbitration (Dallas) and a former vice-president of the
LCIA Court. He is a member of the Board of Advisors of the Singapore
International Arbitration Center and of the International Advisory Board
of the Honk Kong International Arbitration Centre. He is the author of
Complex Arbitrations: Multiparty, Multicontract, Multi-issue and Class
Actions (Kluwer, 2006) and of more than 120 articles, most of them
relating to international commercial law and arbitration. In March 2011,
Mr. Hanotiau received the GAR "Arbitrator of the Year" award.
SOFÍA HAUPT joined the law firm of Alessandri Abogados in 2009
and has worked as a Lawyer of the Corporate Area. She has focused her
practice mainly on corporate advice for local and international clients.
Ms. Haupt graduated cum laude, her thesis work to apply for her LLB
Law Degree was on "Checks and Balances in the Institutional System of
the European Union" (2007). Through the Universidad de los Andes
Students' Exchange Program, she stayed in Bayreuth, Germany, where
she took the German Law, Law in the European Union and American
Corporate Law courses (2007-2008). Sofía Haupt is a member of the
Chilean Bar Association.
ALASTAIR HENDERSON heads Herbert Smith Freehills' arbitration
practice in Southeast Asia and is ranked among the leading arbitration
lawyers in Asia. He has conducted numerous cases in local, regional and
international centres across many sectors and industries, with particular
experience in energy and natural resources, infrastructure, construction
and international trade. His clients include government agencies and
public bodies, multinationals and leading regional companies. Alastair
also sits as an arbitrator appointed by parties and by regional and
international institutions including the SIAC, ICC, HKIAC and LCIA.
He is a Fellow of the Singapore Institute of Arbitrators; a former
Thailand national committee member of the Chartered Institute of
Arbitrators and the ICC Thailand national arbitration commission; and a
regular speaker at regional/international conferences.
EUGENIO HERNÁNDEZ-BRETÓN is a Partner at Baker &
McKenzie Caracas Office. He represents parties in domestic and
international arbitration, has acted as arbitrator domestically and
internationally and is Professor and Chairman of the Masters' Program in
Private International Law and Comparative Law at Universidad Central
de Venezuela. He has Doctor of Laws (summa cum laude, University of
Heidelberg); Master of Laws (magna cum laude, University of
Tuebingen); Master of Laws (Columbia University in the city of New
York); Abogado (summa cum laude, Universidad Católica Andrés
Bello). He is a frequent lecturer on arbitration topics and author of more
than a hundred law articles and three books.
KAJ HOBÉR is a Partner in Mannheimer Swartling, Stockholm. He is
former Professor of East European Commercial Law at the University of
Uppsala from 1997 to 2009 and former Professor of International Law at
the Centre for Energy, Petroleum and Mineral Law and Policy
(CEPMLP), University of Dundee during 2010. As of 1 May 2012 he is
Professor of International Investment and Trade Law at Uppsala
University. Prof. Hobér is on the arbitrators’ list of ICSID, the Russian
Chamber of Commerce and Industry, CIETAC (Beijing), HKIAC (Hong
Kong), the Ukrainian Chamber of Commerce, The Kula Lumpur
Regional Centre for Arbitration (KLRCA), the Singapore International
Arbitration Centre (SIAC) and St. Petersburg Chamber of Commerce and
Industry (Spb CCI) and the Energy Arbitrators List (EAL).
Between1998-2003 he was Commissioner at the United Nations
Compensation Commission in Geneva. His arbitration experience
includes representation of both East and West European, American,
Russian and Chinese government bodies and corporations, as well as
parties from developing countries in international arbitrations. Prof.
Hobér has acted as counsel and arbitrator (including chairmanships) in
more than 400 international arbitrations. He is past chair of the IBA subcommittee
on Investment Treaty Arbitration and past vice-chair of the
IBA Arbitration Committee. He is the author of several books on
international arbitration and international investment and trade law,
including Investment Arbitration in Eastern Europe (2007) and
International Commercial Arbitration in Sweden (2011), Selected
Writings on Investment Treaty Arbitration (2013), as well as of
numerous articles. Kaj Hobér was a member of the Board of the
Arbitration Institute of the Stockholm Chamber of Commerce from 1992
to 2009. He is a member of the LCIA Court and of the Board of
Directors of the American Arbitration Association, and also a member of
the AIPN Educational Advisory Board. He is fluent in Russian and
German.
MICHAEL HWANG is Senior Counsel and Arbitrator at Michael
Hwang S.C. in Singapore.
FERNANDO JAMARNE joined the law firm of Alessandri Abogados
as a Partner in 2001. His practice covers a wide range of business topics,
specialized in business and financial transactions. In addition, he
structures international transactions for local and foreign clients,
provides advice on company mergers and acquisitions, and has extensive
experience in banking legislation and corporate finance. He participated
in the privatization process of water companies and has extensive
experience in public bids as well as in bond issuance and syndicated
loans. Before joining Alessandri Mr. Jamarne was the General Counsel
of the Chase Manhattan Bank, Chilean Branch Office; was an
international advisor to BankBoston in Boston, Massachusetts; worked
as lawyer for the World Bank's Central America and the Caribbean
Region, in Washington D.C., and as a lawyer for the Central Bank of
Chile's General Counsel's Office and of the International Insolvency
Institute. He also was a visiting lawyer at Cleary, Gottlieb, Steen &
Hamilton in New York in 1986. Mr. Jamarne is the author of a number
of articles and documents published by the Central Bank of Chile and
Universidad de Chile, such as "The Multilateral Investment Guarantee
Agency (MIGA)", "Characteristics of savings instruments" and "Minors
in conflict with the Law".
DOUG JONES AO is a Sydney-based Partner in the Australian law firm
of Clayton Utz where he heads the International Arbitration Group of the
firm and is an international dispute resolution lawyer. Professor Jones
has acted as Arbitrator and appeared as Counsel in numerous
international arbitrations. Amongst positions held, Doug is President of
the Australian Centre for International Commercial Arbitration, Past
President (2011) of the Chartered Institute of Arbitrators (London), and a
Member of the LCIA Court. He is a Foundation Fellow (1976) and
Graded Arbitrator (1985 - present) of the Institute of Arbitrators &
Mediators Australia, Fellow of the Arbitrators and Mediators Institute of
New Zealand, and Vice President of Asia Pacific Regional Arbitration
Group. Professor Jones is Professorial Fellow in the Law School of
Melbourne University and Adjunct Professor in the Law School of
Murdoch University and is an Honorary Fellow of the US and Canadian
Colleges of Construction Lawyers. In June 2012 in the Queen's Birthday
Honours List, Professor Jones was made an Officer of the Order of
Australia, for distinguished service to the law as a leader in the areas of
arbitration and alternative dispute resolution, to policy reform, and to
national and international professional organisations. His expertise in
International Arbitration has regularly been recognised by his peers. In
the Global Arbitration Review Awards 2013, Professor Jones was joint
runner-up in the category of the Best Prepared and Responsive Arbitrator
Award. He has also been recognised by Chambers Asia-Pacific as a star
individual in the Australian legal community for three successive years
and as one of the most in demand arbitrators, receiving a band one
ranking in the International Arbitration Category and a band two ranking
for dispute resolution (arbitration) in Australia (2011-2013).
SUMEET KACHWAHA is the Founding Partner of Kachwaha &
Partners, having a leading dispute resolution practice. He has handled
landmark and high-stakes matters (including a large number of crossborder
disputes). Mr. Kachwaha figures in Band One in the arbitration
section of Chambers Asia 2009 to 2013. He also figures as a “leading
individual” in The Asia Pacific Legal 500. He figures in The
International Who's Who of Commercial Arbitration, The International
Who's Who of Asset Recovery Lawyers, The International Who's Who of
Construction Lawyers and The International Who's Who of Public
Procurement Lawyers. Mr. Kachwaha is currently vice president of Asia-
Pacific Regional Arbitration Group (APRAG). He is also on the sixmember
advisory board of the Kuala Lumpur Regional Centre for
Arbitration (KLRCA) chaired by the attorney general of Malaysia. He
has recently been appointed as the deputy programme coordinator of the
Inter Pacific Bar Association (IPBA) for a two year term after serving a
three-year term as its chair dispute resolution and arbitration section. He
is also on the IBA subcommittee on implementation and application of
the New York Convention by national courts and legislatures. Recent
publications include: "The White Industries Australia Limited--India
BIT Award--A Critical Assessment", Arbitration International, Vol. 29,
Issue 2, pp 275-293 (2013); "Interim Relief: Comments on the
UNCITRAL Amendments and the Indian Perspective", Yearbook on
International Arbitration, Volume III, pp 155-161, (2013); "Enforcement
of Arbitration Awards in India", Asian International Arbitration Journal,
Kluwer (2008); "The Indian Arbitration Law: Towards a New
Jurisprudence", International Arbitration Law Review, Sweet & Maxwell
(2007); and "Arbitration Law of India--A Critical Analysis", Asian
International Arbitration Journal, Kluwer (2005).
ALEXANDER S. KOMAROV is currently a member of the Presidium
of the International Commercial Arbitration Court at the Chamber of
Commerce and Industry of the Russian Federation, which is the principal
international arbitration institution in the Russian Federation. He is a
Vice-President of the International Federation of Commercial Arbitration
Institutions, an LCIA Member, a Member of the Board of the Arbitration
Institute of the Stockholm Chamber of Commerce, a listed arbitrator at a
number of arbitration institutions in Central and East European countries.
He is Honorary Chairman of the ICC Russia National Comm.,
Arbitration Commission. Professor Alexander Komarov has been acting
for more than a decade as an arbitration expert of the Russian Federation
Delegation to the United Nations Commission on International Trade
Law (UNCITRAL). He is a CIArb Fellow and Chartered Arbitrator. He
is a Member of the Governing Council of International Institute for
Unification of Private Law (UNIDROIT) for the Russian federation. He
is a Member of the Council on Legal Reform and the Council on
Codification of Civil Law at the President of the Russian Federation. He
is currently Professor and Head of International Private Law Chair at the
Russian Academy of Foreign Trade and a Member of the Consultative
Council at the Supreme Arbitrazh Court of the Russian Federation.
THOMAS KOPP is a Partner based in the Frankfurt office of Cleary
Gottlieb Steen & Hamilton LLP. Mr. Kopp's practice is broad-based and
includes litigation and arbitration, capital markets, mergers &
acquisitions, general corporate and financial institutions regulatory
matters. As a member of the Firm's global dispute resolution practice,
Mr. Kopp provides litigation and arbitration expertise on complex crossborder
disputes, typically involving a procedural, substantive or factual
nexus to Germany. In this context, Mr. Kopp brings to bear his German
corporate, capital markets, mergers & acquisitions and financial
institutions regulatory experience of more than a decade. Mr. Kopp has
also been consistently listed by various independent legal directories as
one of the leading capital markets lawyers in Germany. Mr. Kopp joined
the firm in 1995 and became a partner in 2002. He was resident in the
London office from 1997 to 2000. He received a doctorate in law (Dr.
iur.) from Humboldt University of Berlin in 1994 and an LL.M. degree
from Duke University School of Law in 1993. Mr. Kopp passed the
second state examination in the State of Bavaria in 1995 and the first
state examination at the University of Munich in 1991. Mr. Kopp is a
member of the Bar in Frankfurt am Main. His native language is
German, and he is fluent in English.
RICHARD KREINDLER is a Partner of Cleary Gottlieb Steen &
Hamilton LLP, resident in its Frankfurt office. He is a professor of law
and a full-time advocate, acting as counsel, arbitrator and expert in major
commercial and investment arbitration and litigation matters throughout
the world for the past 28 years. He is a member of the New York and
Paris Bars. He is also an Honorary Professor of Law at the University of
Münster, Germany, where he has taught for well over a decade. Prof. Dr.
Kreindler is a graduate of Harvard, Munich, Columbia and Münster
Universities. He is a Fellow and Chartered Arbitrator of the Chartered
Institute of Arbitrators, London. Prof. Dr. Kreindler delivered the
lectures in Private International Law at the Hague Academy of
International Law in Summer 2012, which were published in the Recueil
des cours, Vol. 361, in 2013. He has also published several other
treatises and over 400 other publications and lectures on international
arbitration, litigation and compliance/anti-corruption issues. He has been
a member of the Editorial Board or Advisory Board of leading arbitral
publications and institutions, including Arbitration International,
International Arbitration Law Review, International Journal of Dispute
Resolution, International Legal Materials, Revue de Droit des Affaires
Internationales, and SchiedsVZ Zeitschrift für Schiedsverfahren (German
Arbitration Journal); he is also a Council Member of the ICC Institute of
World Business Law. He was Chairman of the IBA working group
resulting in the 2010 IBA Rules on the Taking of Evidence in
International Arbitration.
VICTOR P. LAZATIN is a Senior Partner in the litigation and dispute
resolution department at Angara Abello Concepcion Regala & Cruz Law
Offices located in Metro Manila, Philippines. He is heavily involved in
civil and commercial litigation, construction and arbitration law. He is
also active in joint ventures. Mr. Lazatin earned his Bachelor of Arts in
Economics degree from the University of the Philippines. Thereafter, he
graduated cum laude from the University of the Philippines, College of
Law. As a Clyde Dewitt Fellow Scholar, he attained his Masters of Law
from the University of Michigan in 1974.
DARREN LEHANE BL practices in common law, administrative law,
and commercial law. His specialisations include defamation, admiralty
law and statutory inquiries. He is a member of the Arbitration and ADR
Committee of the Bar Council of Ireland and the External Relations
Committee of the Bar Council of Ireland
ANNA DE LUCA is a Research Fellow at Bocconi University in Milan
and holds a PhD from the University of Milan. She specialized in
international investment law and arbitration, and EU investment policy.
She is a Member of the editorial committee of the Rivista dell'Arbitrato
and advises in the field of investment arbitration as a member of the Milan
Bar. Besides several articles in international yearbooks and Italian law
reviews, she authored in 2013 La competenza dell'Unione europea sugli
investimenti esteri (Giappichelli Torino). She is a co-editor of the volume
General Interests of Host States in International Investment Law (Giorgio
Sacerdoti, Chief-ed.), Cambridge University Press, forthcoming 2014.
BARRY MANSFIELD is a Barrister practising commercial law with a
specialisation in arbitration. He is the author of Arbitration Act 2010 and
Model Law: A Commentary (Clarus Press, Dublin, 2012) and a co-editor
of the Irish Business Law Review (Clarus Press). He is also an Adjunct
Assistant Professor at Trinity College Dublin where he teaches courses
on Arbitration and on International Dispute Resolution. He is a graduate
of University College Dublin, Georgetown University Law Center and
The Honorable Society of King's Inns. He was previously an Associate
at the New York and London offices of the firm of Davis Polk &
Wardwell LLP.
JUAN MANUEL MARCHAN is a Partner at Pérez Bustamante &
Ponce. Professor, International Commercial Arbitration, University San
Francisco de Quito (USFQ). Attorney at law and Doctor of Laws, PUCE.
LL.M. and recipient of Parker School Recognition for Achievement in
Comparative and International Law, Columbia University.
KHALIL MECHANTAF has been practising in the Middle East for six
years. He specializes in domestic and international arbitration, primarily
international commercial and construction related arbitrations before the
main arbitration institutions in the UAE and abroad. Prior to joining
Baker & McKenzie.Habib AI Mulla, Mr. Mechantaf worked at a number
of UK law firms and the International Courts in The Hague, Holland.
JANET MILLS received her JD from the University of Ottawa,
graduating with Cum Laude distinction in 1991 and has spent her
professional career in the field of commercial dispute resolution. She is
a founding member of Bay Street Chambers, a barrister's Chambers
devoted to commercial arbitration. Ms. Mills was formerly a partner in
the Toronto office of Baker & McKenzie LLP where she was a member
of the Global Disputes Resolution Group, specializing in international
commercial arbitration. Ms. Mills was appointed as a Registrar in
Bankruptcy for the Ontario Superior Court of Justice in 2008,
adjudicating consumer and commercial bankruptcy and insolvency
matters. She served the court until early 2012, leaving to pursue her
interest in private dispute resolution. Ms. Mills is currently a member of
the Law Society of Upper Canada, the Canadian Bar Association and she
sits on the Executive Committee of the Toronto Commercial Arbitration
Society. She has been named as a Roster Arbitrator to the International
Centre for Dispute Resolution and prior to joining the court, was a Roster
Arbitrator for the International Chamber of Commerce. Ms. Mills was
also a past Director of the Canadian Arbitration Congress. Ms. Mills has
written and spoken extensively on international commercial arbitration.
She was the co-author with J. Brian Casey of Arbitration Law of Canada:
Practice and Procedure (©2005) as well as collaborating with Mr. Casey
on the loose leaf text and updates to International and Domestic
Commercial Arbitration (©1993 to 1999). She was a contributing author
to the Ultimate Corporate Counsel Guide (CCH ©2006).
AGOSTINHO PEREIRA DE MIRANDA is Chairman and Founding
Partner of Miranda Correia Amendoeira & Associados. He is a Graduate
of the Coimbra University Law School (1974), admitted in 1978. After
obtaining his law degree Agostinho moved back to Angola to teach
commercial law and contracts at the Luanda School of Economics.
Agostinho has also worked and lived in Lisbon, London, Houston and
San Francisco. For approximately 6 years he worked in the U.S. for Gulf
Oil Corporation and Chevron Overseas Petroleum Inc. In both companies
he was charged with primary responsibility for the legal aspects of their
operations in Angola, Zaire (currently Democratic Republic of Congo),
Gabon and Brazil. Since 1987, Agostinho has been providing legal and
tax advice to various national and international companies doing
business in Portugal and several emerging markets in the areas of
mining, oil and gas, banking, construction, fishing, oil services, etc. In
recent years he has also been involved in representing various Fortune
500 companies in mediation and arbitration proceedings held in Portugal,
Brazil and several African countries. He has acted as a consultant to The
World Bank, USAID, OPIC and other international organisations. He is a
member of the American Bar Association (ABA), the Association of
International Petroleum Negotiators (AIPN) and the International Bar
Association (IBA). From 1996 to 2000, he was an officer of IBA's
Committee "O" Executive Committee. For the 1997/1998 period he was
an officer of IBA SERL's Oil Law Committee. He is a non-executive
director and member of the compensation committee of various
corporations, and he chairs the board of trustees of two non-profit
organisations. Agostinho is also a member of the Honorary Advisory
Council of the United States-Angola Chamber of Commerce. In 2001 he
was appointed to the Executive Committee of the "Angola Education
Assistance Fund, Inc.". Since 2004 he has been a director of the
Portugal-Angola Chamber of Commerce. Agostinho is the only
Portuguese member of the International Academy of Trial Lawyers
(IATL) and the American Board of Trial Advocates (ABOTA). He is
also a founding member and director of the Portuguese Arbitration
Association.
NICOLÁS MIRANDA is an Associate at the law firm of Alessandri
Abogados firm, focusing his practice in civil and commercial litigation
and arbitration, bankruptcy and insolvency, unfair competition lawsuits
and administrative contentious matters. Prior to joining Alessandri
Abogados, Mr. Miranda was a member of the litigation area of the law
firm Prieto & Compañía (2010 - 2012) and also worked for Graham
Miller Ltda (2009), then focusing his practice on civil and commercial
litigation and arbitration, bankruptcy and insolvency, consumers law and
administrative contentious matters, as well as on insurance-related
matters pertaining to domestic and international air transportation of
passengers and cargo. Mr. Miranda is a member and representative of
Alessandri Abogados before the Arbitration Committee and ADR of the
International Chamber of Commerce, and a member of the Young
International Arbitration Group (YIAG) of The London Court of
International Arbitration. He was the editor of the "Arbitration" chapter
for the publication in Chile of Doing Business, by the Britcham, 2013.
Nicolás Miranda is the firm's Pro Bono Services Coordinator and the
firm’s representative before Fundación Pro Bono. In the academic field,
Nicolás is a civil law assistant professor in the Universidad de Los Andes
and a civil procedural law assistant professor in the Universidad
Católica. He is a member of the Chilean Bar Association.
ALEXIS MOURRE practices law at Castaldi Mourre & Partners, a law
firm he co-founded in 1996. He specializes in International Arbitration
and International Litigation. He has served as counsel to party, coarbitrator,
sole arbitrator, or expert in more than 180 international arbitral
procedures, both ad hoc and before the most prominent arbitral
institutions. He is also the author of numerous books and publications in
the field of International Business Law, Private International Law, and
Arbitration Law. He is founder and past editor in chief of Les Cahiers de
l'Arbitrage, a leading French publication in the field of Arbitration.
Since 2009 Alexis Mourre is vice president of the ICC International
Court of Arbitration, past co-chair of the IBA arbitration committee
(2012-2013), a member Counsel of the International Business Law
Institute of the International Chamber of Commerce as well as of a large
number of scientific and professional institutions dedicated to Arbitration
and Private International Law. He is professor honoris causae of the
University San Ignacio of Lima (Peru) and Lecturer at the Universities of
Versailles and Sceaux. He acts as a speaker in numerous conferences and
seminars on international commercial arbitration, including numerous
ICC PIDA and IAP seminars, both as Chairman of the seminar or
speaker. He is fluent in French, English, Italian and Spanish, and has a
working knowledge of Portuguese.
HIEU NGUYEN is an Associate at Allens in Hanoi. He has worked on a
number of large infrastructure projects and cross border disputes.
PIOTR NOWACZYK, a Chartered Arbitrator, is a Partner in Dentons'
Warsaw office and works in construction disputes, FIDIC contracts,
foreign investment, oil and gas, transfer of technology, IP, energy,
international sales, banking, joint ventures, commercial contracts, M&A,
distributorships, licenses, and sport arbitration. He is an ICC Court
Member, a member of the Vienna International Arbitration Centre
Advisory Board, and a Polish delegate for UNCITRAL Working Group
II on Arbitration & Conciliation. Piotr is a fellow of the Chartered
Institute of Arbitrators (FCIArb) and the Australian Centre for
International Commercial Arbitration (ACICA), a member of the
Canadian Bar Association, the Law Society of England & Wales, and the
IBA Arbitration Committee (subcommittee on conflicts of interest),
member of AFA, ASA, CEA, CEPANI, DIA, DIS, ICA, ITA, ÖVS,
SAA, UIA and other professional organisations. He is an FIDIC
adjudicator and an expert of WIPO.
EUN YOUNG PARK is Partner with Kim & Chang, and the co-chair of
the firm's International Arbitration & Cross-Border Litigation Group. Dr.
Park is Vice-Chair of IBA Arbitration Committee, Co-Chair of IBA Asia
Pacific Arbitration Group, a Member of the Court of LCIA and the
Board of Directors of SIAC. He is also Vice President of the Korean
Arbitrators Association, a board member of the Korean Council of
International Arbitration, and Executive Member of Seoul IDRC, and a
registered arbitrator with SIAC, DIAC, KLRCA,HKIAC and KCAB. He
concentrates his practice on international arbitration proceedings as well
as court proceedings in multiple jurisdictions, including international
arbitrations in various venues under the rules of the ICC, LCIA, SIAC,
HKIAC, KLRCA, UNCITRAL, AAA/ICDR, SCC and the KCAB. He
also sits as an arbitrator in international arbitration cases. Dr. Park is coauthor
of the book Alternative Dispute Resolution Methods around the
Globe. He has earned numerous top rankings as one of the "leading
attorneys" in Chambers Asia-Pacific for international arbitration, Expert
Guide and The International Who's Who of Commercial Arbitration
(2008-2014). Dr. Park has served as a judge in the Seoul District Court
and teaches at law schools in Korea. He received a doctorate degree
(J.S.D.) and an LL.M from the NYU School of Law after graduating
from the Seoul National University (M.Jur & B.Jur). He is admitted to
the New York bar and Korea bar.
GUY PENDELL is an Arbitration and Commercial Litigation Partner in
CMS Cameron McKenna's Dispute Resolution Group. He is the head of
CMS Cameron McKenna's International Arbitration practice. He is a
solicitor advocate with a depth of experience of commercial disputes and
their resolution through litigation, arbitration or alternative dispute
resolution. He has a particular focus on international/cross-border
disputes (in particular Central and Eastern Europe). Mr. Pendell is a
member of, among others, the LCIA, ICC (he is the UK rapporteur for
the standing ICC Task Force on the New York Convention, and a
member of its editorial committee) and the IBA. He is a former Chair of
both the CMS Dispute Resolution Practice Area Group and the CMS
International Arbitration Group. He is recognised by Chambers and
Legal 500 as a leading lawyer in both international arbitration and
commercial litigation. Mr. Pendell is the editor of the CMS Guide to
Arbitration and a contributor or co-author of a number of highly regarded
arbitration publications, including the 'Word Arbitration Reporter' and
'Arbitration in the UK'. He is also a founding committee member of the
'International Arbitration Charity Ball'. His education includes:
Coventry, Law, LLB (Hons) 2(1), 1994; Nottingham Law School, Legal
Practice Course, 1996 (Commendation); College of Law, Diploma in
Advocacy, 2005; Solicitor Advocate, 2007.
NIKOLAUS PITKOWITZ is Founding Partner and head of dispute
resolution at Graf & Pitkowitz, Vienna. He holds law degrees from
University of Vienna (JD and PhD) and University of Sankt Gallen,
Switzerland (MBL) and is also qualified and certified as a Mediator.
Dr. Pitkowitz has been practising law since 1985. His practice, which
has always been very international with a strong focus on CEE, initially
mainly comprised transactional work in the fields of Real Estate and
M&A and soon expanded to international dispute resolution. Nikolaus
Pitkowitz is considered one of the preeminent Austrian dispute
resolution practitioners. He acted as counsel and arbitrator in a
multitude of international arbitrations, including several high profile
disputes most notably as counsel in the largest ever pending Austrian
arbitration (a multibillion telecom dispute). Dr. Pitkowitz is Vice-
President of VIAC (Vienna International Arbitral Centre). He is Fellow
of the Chartered Institute of Arbitrators (FCIArb) and arbitrator and
panel member of several arbitration institutions including ICC, SIAC,
CIETAC, SCC and ICDR. He is also Vice-chair of the International
Arbitration Committee of the Section of International law of the
American Bar Association (ABA) and past Co-chair of the Mediation
Techniques Committee of the International Bar Association (IBA).
Nikolaus Pitkowitz frequently speaks at seminars and is author of
numerous publications on international dispute resolution as well as
CEE related themes. Among others he is author on the leading treatise
on setting aside arbitral awards under Austrian law. Dr. Pitkowitz is a
co-editor of the Austrian Yearbook on International Arbitration and coorganiser
of the Vienna Arbitration Days.
VINAYAK PRADHAN is a Partner in the Dispute Resolution Division
at Skrine. Mr. Pradhan graduated with an LLP (Hons) from the
University of Singapore in 1973 and was admitted to the Malaysian Bar
in August 1974. He led the University's team in the Phillip C. Jessup
International Law Moot Court competition in Washington, D.C. He was
made a Partner at Skrine in July 1981 and was called to the Singapore
Bar in November 1991. Mr. Pradhan is also an Associate Member of
Littleton Chambers, King’s Bench Walk, London. He handles all aspects
of civil and commercial litigation and heads the firm's Construction,
Engineering & Arbitration Practice group, the bulk of work of which
concerns arbitration and alternative dispute resolution.
MOHAMED ABDEL RAOUF is the Director of the Cairo Regional
Centre for International Commercial Arbitration (CRCICA) and Lecturer
on international commercial arbitration at the Institute of International
Business Law (IDAI), Cairo University- Paris I Sorbonne. He has acted
as sole arbitrator, co-arbitrator and chairman of arbitral tribunals in
numerous domestic and international commercial arbitrations
(institutional and ad hoc). He has also acted as counsel, for private and
public entities in many international commercial and investment
arbitrations (under the Rules of CRCICA, UNCITRAL, ICC, AAA,
ICSID, DIAC, CAS, GCC, and the ADCCAC). He is an elected member
of the Governing Board of the International Council for Commercial
Arbitration (ICCA), a member of the Board of the Arbitration Institute of
the Stockholm Chamber of Commerce (SCC), Vice President, the
International Federation of Commercial Arbitration Institutions (IFCAI),
a CEDR Accredited Mediator, an Arbitrator listed in the Panel of
Arbitrators of the Court of Arbitration for Sport (CAS), a member of the
Editorial Board of the Journal of Arab Arbitration issued by the Arab
Union of International Arbitration, in addition to being one of the
founders of the Egyptian Arbitration Forum (EAF).
JOEL E. RICHARDSON is a United States Licensed Attorney,
licensed in the District of Columbia and Maryland, in the International
Arbitration & Cross-Border Litigation Practice Group of Kim & Chang.
Mr. Richardson has extensive experience in arbitration administered by a
wide variety of institutions including ICC, LCIA, SIAC, HKIAC,
KCAB, and AAA as well as ad hoc arbitrations. He also advises clients
on a broad range of litigation matters in the courts of Korea and the
United States. Mr. Richardson also serves as an adjunct professor at the
Korean Judicial Research and Training Institute lecturing on topics in
American law. Prior to joining Kim & Chang, Mr. Richardson 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.
ALFREDO L. ROVIRA was the Managing Partner of Brons & Salas for
more than 20 years and co-chair of the Corporate Department of the firm
as well as chaired the Arbitration group of the firm. He retired as a partner
in 2013 and established a consulting firm mostly focused on arbitration,
expert witness opinions and consulting in the areas of his specialization
(i.e. commercial laws (bankruptcy, contracts and corporate matters)
arbitration and complex contract and shareholders litigations). He is also
acting as counselor to Brons & Salas (as of counsel) on a non exclusive
basis. Dr. Rovira (Juris Doctor, cum laude (2003) graduated from the
National University of Buenos Aires School of Law, in 1967. He is a parttime
leading Professor of Commercial Laws at the National University of
Buenos Aires School of Laws where he was also nominated as part time
Consulting Professor in 2013 with tenure until 2019 in the Business Law
Department of such School and is also visiting professor at several private
law schools in Master and Post graduate courses in corporate and contract
laws. Dr. Rovira has been involved in numerous mergers and acquisitions,
complex contracts and loan arrangements including Project Finances and
Syndicated Loans, shareholders' litigations and arbitrations dealing with
contract and shareholders disputes both in Argentina and abroad. He has
also been called to act as expert witness in several international disputes
(both at court and in international arbitrations as an expert on Argentine
laws). Dr. Rovira has been consistently nominated one of the top 10
lawyers in Argentina in the ranking of Apertura an Argentine magazine
specialized on business issues with circulation in Latin America. Dr.
Rovira has been also nominated as a Leading Attorney in the areas of
M&A, Bankruptcy and Corporate Reorganizations and Arbitrations by
international publishers such as Euromoney, Chambers, etc. He can be
reached at: arovira@roviralaw.com.ar.
GIORGIO SACERDOTI is Professor of International Law and
European Law at Bocconi University, Milan, Italy, since 1986. Professor
Sacerdoti is a former Member of the WTO Appellate Body (2001-2009),
where he was chairman in 2006-7. He was Vice-Chairman of the
Organisation for Economic Cooperation and Development (OECD)
Working Group on Bribery in International Business Transactions until
2001, where he was one of the drafters of the Anticorruption Convention
of 1997. He has acted as consultant to the Council of Europe, the United
Nations Conference on Trade and Development (UNCTAD) and the
World Bank in matters related to foreign investments, trade, bribery,
development and good governance. In the private sector, he has often
served as arbitrator in international commercial disputes and at the
International Centre for Settlement of Investment Disputes. Professor
Sacerdoti has published extensively on international trade law,
investments, international contracts and arbitration. After graduating
from the University of Milan with a law degree in 1965, Professor
Sacerdoti gained a Master in Comparative Law from Columbia
University Law School as a Fulbright Fellow in 1967. He was admitted
to the Milan bar in 1969 and to the Supreme Court of Italy in 1979. He is
a Member of the Committee on International Trade Law of the
International Law Association and a co-editor of the Italian Yearbook of
International Law. He is Of Counsel to Eversheds Bianchini in Milan.
AZUSA SAITO is an Associate at Nishimura & Asahi in Tokyo.
VANINA SUCHARITKUL specialises in international commercial
arbitration and advises clients on a diverse range of commercial litigation
and cross-border disputes across Southeast Asia involving commercial
contracts, investigations and anti-corruption, joint ventures, construction
and infrastructure projects, environmental contamination, and
employment issues. She has experience acting as counsel and advocate
in arbitrations across multiple jurisdictions under the auspices of
institutions including, amongst others, ICC, SIAC, AAA, and TAI. She
regularly advises clients regarding the drafting and interpretation of
arbitration clauses, and has been involved in various forms of alternative
dispute resolutions including negotiations and mediations. Vanina
developed her international experience working with Herbert Smith
Freehills' Bangkok and Paris dispute resolution teams. Prior to joining
the firm, Vanina began her career in San Francisco at Morrison &
Foerster, where she represented multi-national corporations in substantial
commercial matters involving internal and external investigations,
securities litigation, consumer class actions, trademark prosecution, and
domain name disputes before the WIPO. Her arbitration experience
involved investment dispute issues and political risk insurance claims.
Admitted to the California Bar, Vanina completed her undergraduate
studies at the University of California, Berkeley and her Juris Doctor
with a concentration in International Law at the University of California,
Hastings College of the Law, as well as her LL.M. in International Law
at Golden Gate University where she taught International Criminal Law.
A holder of three nationalities, Vanina speaks Thai, French, and English.
Vanina serves as Member of the International Court of Arbitration of the
International Chamber of Commerce (ICC).
HIROYUKI TEZUKA is the head of the practice at Nishimura & Asahi
in Tokyo and is a widely renowned expert in international litigation and
arbitration. His practice areas include: M&A, international transactions,
civil and commercial disputes, transnational dispute settlement,
international trade, telecommunications/media, assistance to administrative
organisations.
STEPHANIE THOMPSON holds a Bachelor of Laws (Honours) and a
Bachelor of Arts from the University of Auckland. She is a member of
the New Zealand bar and a junior barrister at Bankside Chambers in
Auckland, where she assists Mr. Williams QC and other barristers in
international commercial arbitrations, international investment treaty
arbitrations and commercial litigation. She has been a Secretary to the
Tribunal in several international institutional arbitrations, including
LCIA arbitrations and SIAC arbitrations.
JEREMY TOR is an Associate in the Litigation Department of Baker &
McKenzie. His practice focuses on international arbitration and general
commercial litigation. Prior to joining the Firm, he served for two years
as a law clerk to a United States District Court judge, drafting judicial
opinions on a wide variety of issues, both civil and criminal. Mr. Tor
received his law degree in 2011 from the University of Virginia, where
upon graduation he was awarded the Eppa Hunton IV Memorial Book
Award, which is given by the faculty to one graduating student "who has
demonstrated unusual aptitude in litigation courses and shown a keen
awareness and understanding of the lawyer's ethical and professional
responsibility." Before law school, he was a Teach For America corps
member in Baltimore, Maryland, where he taught Spanish to high school
students. Mr. Tor has a Master's in Teaching from Johns Hopkins
University and a Bachelor's in Political Science and Spanish from the
University of Arizona, where he graduated with Honors, summa cum
laude, and was awarded the Outstanding Senior Award by the Political
Science faculty as the top graduating male.
PEDRO SOUSA UVA is an Associate at Miranda Correia Amendoeira
& Associados He is a graduate of the Lisbon Law School of the
Portuguese Catholic University (2003). Admitted in 2006. Joined the
Firm in 2013. Before joining the Firm, Pedro worked for almost ten years
as an Associate at Abreu Advogados law firm, where he focused his
practice in the areas of litigation and arbitration. Between 2009 and
2010, he participated in the International Arbitration Group’s Intern
Program, in London, at Wilmer Cutler Pickering Hale and Dorr LLP.
Pedro is a former scholarship student of the Katolieke Universiteit
Leuven, Belgium, where he pursued studies in International Arbitration
(2001/2002). He completed an LL.M in Comparative and International
Dispute Resolution at Queen Mary University of London (2008/2009).
He is co-founder of YAR--Young Arbitration Review. His practice
focuses on litigation and arbitration.
JOAQUÍN VALLEBELLA is a Senior Associate at Brons & Salas,
practicing in the Corporate Department focusing on international and
domestic arbitration, drafting and negotiations of domestic and
international deals dealing with loans, joint ventures, distribution and
concession agreements, M&A, shareholders agreements, trusts, asset
acquisitions including filings and disputes dealing with Antitrust law,
Corporate law and. Corporate restructurings. Mr. Vallebella is a graduate
of Universidad Católica Argentina. School of Law. (1999) and Master in
Business Law at Universidad Austral (2006) whose Thesis "Changes of
circumstances in contracts: traditional perspective and international
modern trend surrounding this phenomenon" was approved cum laude.
He has also attended Post-graduate Courses at Southwestern University
School of Law--California, U.S. School of laws of the Universidad de
Buenos Aires and, Universidad del Salvador. He is a member of the
Buenos Aires Bar Association since 2000, the Attorneys’ Association of
the City of Buenos Aires since 2003 and was elected Vice Chair of the
Young Practitioners Committee of the Attorneys' Association of the City
of Buenos Aires (2006). He is also a member of ICC YAF, of ICDR Y&I
and Young ICCA. He also published several articles on commercial
contracts in legal magazines. Was nominated Arbitrator in 2 International
Arbitration Moot Competitions Organized by the School of Law of
Universidad de Buenos Aires and the School of Law of Universidad del
Rosario de Bogotá (2011 and 2013) and attended several seminars and
conferences dealing with international arbitration. Mr. Vallebella is
fluent in Spanish and English. He can be reached at:
JAN WASELIUS is Founding Partner of Waselius & Wist. His practice
areas include: Dispute Resolution; Banking and Finance; Capital
Markets; Corporate and Commercial Law; Mergers and Acquisitions;
Energy Law; Intellectual Property and Information Technology; Labour
Law; Real Property; Tax Law; Trade Law
DAVID WILLIAMS QC has developed a global international
arbitration practice and has been involved, either as counsel or arbitrator,
in over 150 international arbitrations. He frequently sits either as
Chairman or co-arbitrator in ICC, LCIA, SIAC, HKIAC, ICSID, CAS
and ad hoc arbitrations concerning investment treaty disputes,
commodities pricing, oil and gas concessions, power projects,
construction, shareholder disputes, joint ventures and insurance. Mr.
Williams is a member of the New Zealand, English and Australian Bars.
He was a judge of the High Court of New Zealand from 1992 and 1994
and has been a part-time judge of the Dubai International Financial
Centre court. He is presently President of the Cook Islands Court of
Appeal. He is co-author of Williams and Kawharu on Arbitration
(LexisNexis, 2011), New Zealand’s first comprehensive treatise on
arbitration, and is an Honorary Professor at the University of Auckland.
Mr. Williams is also a member of numerous arbitral associations, and
currently serves on the Governing Board of the International Council for
Commercial Arbitration (ICCA).
DES WILLIAMS is Chairman at Werksmans Attorneys in the Dispute
Resolution practice area, located in Johannesburg, South Africa.
CLAUS VON WOBESOR is Managing Partner of Von Wobeser y
Sierra with almost 40 years of experience in advising both multinational
Fortune 500 clients as well as governments. He has an undisputed track
record acting as counsel and arbitrator appointed by international
companies and governments involved in international investor-state or
commercial disputes. Furthermore, he has a strong background in
corporate as well as litigation matters and has been the leader in some of
the most groundbreaking transactions taking place in Latin America and
Mexico during the past 30 years. Representative work includes advising
Anheuser Busch Inbev in its recent acquisition of GrupoModelo for 20.1
billion and counseling The Coca Cola Company in various of its many
and distinct key strategic M&A deals.
LUKAS WYSS is a Partner of Bratschi Wiederkehr & Buob (BWB), a
top ten Swiss law firm with offices in Zurich, Berne, Basel, Lausanne,
St. Gallen and Zug. His practice focuses on national and international
litigation and arbitration, mainly related to complex national and
international business transactions and projects such as large construction
projects and international contract law. He regularly publishes, among
others, on procedural and international arbitration issues. Born in 1965,
Lukas Wyss was educated at the University of Berne where he took the
bar exam in 1992. Before joining BWB in 1998, he worked in the tax and
legal department of an international audit company and in the legal
department of major Swiss insurance company. He took an LL.M. degree
from Georgetown University Law Center, Washington, D.C.
(International Legal Studies) in 2002. Lukas Wyss wrote his dissertation
on legal risk management and the hedging of international business
transactions and projects (2004). He further graduated as Arbitration
Practitioner from the Swiss Arbitration Academy in 2009. Lukas is a
member of the Swiss, the Zurich and the Berne Bar Association, the
European Law Center of the University of Zurich, the International Bar
Association (IBA) as well as of the Swiss Association of Arbitration. He
is further a Visiting Faculty at the ZfU International Business School of
Management on Legal Risk Management.
LIU YI is an Executive Partner of Run Ming Law Office in Beijing and
a graduate of Beijing University with a LL.B. degree He specializes in
banking and finance, foreign investments, mergers and acquisitions, and
commercial arbitration. He has served as arbitrator, counsel or expert
witness in various domestic and international arbitration or litigation. He
also has extensive experiences in cross-border aircraft finance and
leasing restructuring, repossession and insolvency. Liu Yi is a panel
arbitrator at China International Economic and Trade Commission
(CIETAC) and also a panel arbitrator of Kuala Lumpur Regional Centre
for Arbitration (KLRCA).
EDUARDO ZULETA chairs the International Dispute Resolution
Practice of Gómez-Pinzón Zuleta. Graduated with merits from the
University of El Rosario in Bogotá and with an LLM, with merits, and a
specialization in International Dispute Resolution in the University of
London, Queen Mary, Mr. Zuleta is recognized as one of the leading
practitioners in international arbitration in Latin America. He has acted
as chair, co-arbitrator, sole arbitrator and counsel in arbitral proceedings,
both in commercial and investment disputes, under ICSID, ICC, ICDR
and UNCITRAL rules, as well as under the rules of local arbitration
centers in the region. Mr. Zuleta is a professor in international contracts
and international dispute resolution and is the author of several
publications in international arbitration, as well as co-editor on a book on
the New York Convention. He was appointed by the Chairman of the
ICSID Administrative Council to the ICSID Panel of Arbitrators and is a
member of the LCIA Court of Arbitration. He is also listed as arbitrator
in several centers worldwide. In addition, he currently sits as Co-Chair of
the IBA Arbitration Committee, Vice Chair of the Institute for
Transnational Arbitration, Vice Chair of the Latin American Association
of Arbitration and member of the ICC Latin American Group. Mr. Zuleta
was also appointed by the Government of Colombia as a member of the
Expert Committee in charge of drafting the new National and
International Arbitration Statute (enacted through Law 1563/12).
"This book is an incredibly valuable resource for the international arbitration practitioner--or any lawyer who is confronted with arbitration proceedings. It is well written, well researched and should be kept at hand for quick reference--worldwide."
--Carolyn Lamm, Partner, White & Case, Washington D.C.
"The book edited by Lawrence Newman and Colin Ong, and co-authored by some of the foremost arbitration specialists, is an incredible treasure trove both for transactional lawyers and arbitration practitioners who need to know whether and, if so, what kind of interim relief is available in the arbitration context--and who is authorized to grant it. It is a book on interim measures that is here to stay."
--Franco Ferrari, Professor, New York University and Arbitrator
"Interim measures are an important facet of international arbitration playing a key role in making arbitration efficacious. But they are not easy to write about. What are the measures that an arbitrator can order, and can they be enforced? What do the arbitration rules say, and what are the practices? And if you prefer to go to a court because it will have powers of imperium that an arbitral tribunal lacks where will you go? The seat of arbitration? But will its measures be enforceable abroad? And will a court where assets are to be found be willing to intervene just because an international arbitral tribunal in a foreign jurisdiction is just beginning to study the merits of the disputes?
The answer to most of these questions would seem to be: it depends.
Larry Newman, the doyen of international arbitration and legal practice in New York, with years of expert practice in the field, and Colin Ong, a barrister of Essex Court Chambers in London with an international practice in Brunei have thought that the best way to attack the problem would be to break down the subject into 28 practical questions about the grant of interim measures by national courts and arbitral tribunals and then to direct them to 64 leading international arbitration practitioners in 43 different jurisdictions, from Argentina to Vietnam, throughout the world. The result is this book.
It is a well written book by experts and will fill a need for international practitioners who need to get beyond, and rapidly, the observation 'it depends'."
--W. Laurence Craig, Senior Counsel, Orrick Rambaud Martel, Paris
"Editors Newman and Ong have brought together an impressive list of experts in international commercial arbitration to discuss how interim measures are handled in various countries around the world. This jurisdiction-by-jurisdiction analysis will be of great practical assistance to those who are seeking to obtain or protect against interim measures brought in cases involving international arbitration."
--S.I. Strong, FCIArb, Associate Professor of Law, Senior Fellow, Center for the Study of Dispute Resolution, University of Missouri
"Based on the detailed and practical questionnaire prepared by the editors, this work provides an excellent country-by-country reference tool, authored by leading international arbitration practitioners and scholars around the world, about the availability of interim relief from arbitrators and courts in aid of international arbitration in 43 important common and civil law countries. Highly recommended!"
--Robert H. Smit, Partner - Co-Chair of the International Arbitration and Dispute Resolution Practice, Simpson Thacher, New York
"This new text on Interim Measures in International Arbitration is practical, readable and accessible. The editors have assembled many of the world's leading arbitral practitioners whose experience and wisdom are distilled in this book. I would highly recommend it for all members of the international arbitration community."
--David R. Haigh, Q.C., Partner, Burnet, Duckworth & Palmer LLP, Calgary
"This is a unique and extremely useful resource for international lawyers and their clients, as well as arbitrators. Meaningful relief in the arbitral process frequently turns on the ability to obtain enforceable interim measures pending a final award. This multi-jurisdictional collection from leading specialists in 43 different countries provides comprehensive, concrete, and accessible guidance on this topic of immense practical importance."
--Maria Chedid, Senior Counsel, Arnold & Porter LLP, San Francisco; President, Northern California International Arbitration Club (NCIAC)
Author/Editor Detail:
About the Editors
LAWRENCE W. NEWMAN is Of Counsel in the Litigation
Department of Baker & McKenzie LLP in New York, where his practice
is focused on international litigation and arbitration. He was the
Chairman of the National Committed of Claimants (USICC) in
arbitrations against Iran in the Iran-US Claims Tribunal and has
represented clients in numerous commercial and investment arbitrations
before various tribunals around the world. He was, from 2003-2007, the
Chairman of the International Disputes Committee of the New York City
Bar and was, from 2008 to 2012, the Chairman of the Arbitration
Committee of the International Centre for the Prevention of Resolution
and Conflicts (CPR). He is currently Chairman of the Arbitration
Subcommittee of the Chartered Institute of Arbitrators. Mr. Newman has
been, since 2010, the Chairman and convening member of the
International Arbitration Club of New York. He has been responsible
since 1982 for the "International Litigation" column of the New York
Law Journal and is the editor and author of numerous books and articles
on litigation and arbitration. He is a Fellow of the College of
Commercial Arbitrators, a Fellow of the Chartered Institute of
Arbitrators, and an elected member of the American Law Institute and is
a member of various other bar and international arbitration organizations.
He is the founder and organizer of four series of international arbitration
seminars, "The Leading Arbitrators' Symposia on International
Arbitration," "Electronic Evidence in International Arbitration," "Cross-
Examination in International Arbitration" and "Damages in International
Arbitration."
COLIN ONG is Managing Partner of Dr. Colin Ong Legal Services,
Brunei. His experience as arbitrator and as counsel includes disputes in coal (mining & supply),
construction, electricity, international trade; investor-state disputes; joint
venture, major infrastructure projects (bridges, plants; rigs and roads); oil
and gas (upstream & downstream), shipping and technology. He has
acted as arbitrator or as counsel in over 150 international arbitrations
under most major rules including AAA, BANI, CIETAC, HKIAC, ICC,
LCIA, LMAA, SIAC; UNCITRAL and WIPO. Listed by Global
Arbitration Review as one of 45 leading international arbitration
practitioners under 45. President of Arbitration Association Brunei
Darussalam; Governing Councillor of Indonesian National Arbitration
Board (BANI); Cambodian National Arbitration Centre; a vice-president
of APRAG and Advisory Committee of China-ASEAN Legal Research
Center. Former principal legal consultant to ASEAN Centre for Energy;
Former Vice-Chair of IBA Arbitration Committee, Former Vice
President of LCIA Asia-Pacific Users' Committee. He is or has been
visiting professor of law at both Civil law and Common law universities
including Kings College (London); Queen Mary (London); National
University of Malaysia (UKM); National University of Singapore
(NUS); University of Malaya; and Padjajaran University (Indonesia).
Author of many books on arbitration and litigation and editorial board
member of legal journals including Arbitration (CIArb); Asian
International Arbitration Journal; Business Law International;
Butterworths Journal of International Banking & Financial Law;
Dispute Resolution International and Maritime Risk International.
Qualifications: Barrister and a Master of the Bench of the Inner Temple;
Advocate & Solicitor of Supreme Court of Brunei; Advocate & Solicitor
of Supreme Court of Singapore; Chartered Arbitrator; FCIArb; FMIArb;
FSIArb and DiplCArb; LL.B (Sheffield); LL.M; Ph.D (Queen Mary,
London).
About the Contributors
ZIYA AKINCI is the Founding Partner of Akinci Law Offices, Turkey.
Prof. Dr. Akinci acts as party counsel in arbitrations, both domestic and
international, under ICC, ICSID and ad hoc rules. Prof. Dr. Akinci also
sits as arbitrator in disputes under the ICC and other institutes, including
ITO, SCC and TRAC and under ad hoc rules. The arbitration disputes
that Prof. Dr. Akinci has been involved in are wide in range and
character; from large construction projects, to energy projects,
investment disputes, and GSM licenses. Prof. Dr Akinci has previously
been requested to provide an expert opinion in various arbitration cases.
Prof. Dr. Akinci was first admitted to the Bar in 1986. He received his
PhD in 1992 after attaining an LLM from Exeter University, UK in 1991,
and Ankara University in 1987. Prof. Dr. Akinci is the author of
numerous books and publications. The subjects of his books and articles
range from International Arbitration to International Construction
Contracts. He has recently published Arbitration Law of Turkey, Practice
and Procedure 2011, which is written in English. Prof. Dr. Akinci is a
member of the following institutions; the ICC Court of Arbitration, the
LCIA, the IBA, the INTA, the Swiss Arbitration Association, the
Swedish Chamber of Commerce and the Turkish-Scandinavian
Businessmen's Association. Prof. Dr. Akinci is also an honorary member
of the Swiss Arbitration Academy.
FLÁVIO SPACCAQUERCHE BARBOSA is Senior Associate with
Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga Advogados; admitted to
the Brazilian Bar, São Paulo and Rio de Janeiro Chapters. Flávio has
served as a client advocate in arbitrations involving mergers and
acquisitions, shareholder rights and other commercial disputes involving
many different industry sectors, such as construction, energy (including
oil and gas), insurance, among others, administered under ICC or
different Brazilian institution rules. He has published law review articles
in Brazil and abroad and he is a member of the Brazilian Arbitration
Committee, the Young Arbitrators Forum of the International Chamber
of Commerce (ICC), the Young-OGEMID, and the Young International
Arbitration Group of the London Court of International Arbitration
(LCIA). Education: Bachelor of Laws, Catholic University of São Paulo
(PUC/SP); Specialist in Consumer Law, Catholic University of São
Paulo (PUC/SP); Master of Laws (Master 2-Recherche) in International
Economic Law, with specialization in Dispute Resolution, Université
Paris I (Panthéon Sorbonne).
DAVID BARTOS FCIArb is a Scottish Advocate (Barrister) practicing
in commercial, property, trust and succession law from Edinburgh and
throughout Scotland since 1993. He has acted as an arbitrator and has a
special interest in arbitration both in Scotland and internationally. He
contributed to the drafting of the new arbitral code for Scotland, the
Arbitration (Scotland) Act 2010 and together with Hew Dundas he has
co-authored the definitive book on the 2010 Act, the 2nd edition of which
will be published in 2014.
ALEXANDER J. BĚLOHLÁVEK, Professor, Prof. zw., Dr.iur., Mgr.
iur., Dipl. Ing. (oec), dr.h.c., graduated in law and in international
economics, Ph.D. in civil law, professor of international law and
professor of economics. Professor in the Czech Republic and in Poland.
Arbitrator, practising lawyer, managing partner of Belohlavek Law
offices in Prague / Czech Republic (branch in N.J. / USA). Member of
the ICC International Court of Arbitration, Chairman of the commission
on arbitration with the National Committee ICC Czech Republic,
arbitrator at the permanent arbitral institutions in the Czech Republic,
Austria, Poland, Russia, Ukraine, Lithuania, Belaruss, Kazakhstan,
Moldova, Bulgaria, Slovenia, ICC arbitration, arbitration pursuant to
UNCITRAL Rules etc. Member of ASA (Switzerland), DIS (Germany),
ArbAut (Austria), IBA, ABA, ILA, Associated Member of the Law
Society of England and Wales etc. He served as arbitrator (chairman,
sole arbitrator or chairman) or as expert witness in more than 280
domestic and international arbitrations. President of the World Jurist
Association (Washington D.C., USA). Author of almost 90 books (in
various countries and languages), and more than 320 published papers.
Editor of CYIL--Czech Yearbook of International Law and CYArb--
Czech (& Central European) Yearbook of Arbitration (published by
JurisPublishing and JurisNet), member of editorial boards of many
periodicals. Specialized in: international arbitration, international private
law (conflict-of-laws), international litigation, public international law,
international finances, corporate law.
GORDON BLANKE, MCIArb, LLM., is sector leader of the
International Arbitration Practice in Baker & McKenzie, Habib Al
Mulla, Dubai and Abu Dhabi. Dr. Blanke has wide-ranging experience in
all types of international commercial arbitration in both common and
civil law jurisdictions, having acted as advising counsel and arbitrator
under most leading institutional arbitration rules (including ICC, LCIA,
DIAC, DIFC-LCIA, ADCCAC, GCC and JAMS Rules) and ad hoc in
arbitrations seated in the US, Europe and the Middle East in relation to a
wide variety of industry sectors, including private equity, banking &
finance, construction, real estate, commodities, hospitality, travel, luxury
brands, maritime and oil & gas. Dr. Blanke is a regular commentator and
presenter on UAE and international arbitration across Europe, the US
and the Middle East. He is a regular academic contributor on the subject
and has published over one hundred books, articles and case
commentaries internationally. Dr. Blanke is the author of Annotated
Guide to Arbitration in the UAE--Volume I: The UAE Arbitration
Chapter, published with Thomson Reuters in 2014 as well as editor of
the twin publication Comparison of Gulf International Arbitration Rules
and Comparison of MENA International Arbitration Rules, Juris 2010
and 2011 respectively. He is a member of the editorial board of
Arbitration, the Journal of the Chartered Institute of Arbitrators in
London.
KNUT BOYE is a Partner at Advokatfirmaet Simonsen Vogt Wiig AS
(www.svw.no) in Oslo, Norway. He is admitted to plead before the
Norwegian Supreme Court and is approved as mediator by the
Norwegian Bar Association. His practice is focused on commercial
dispute resolution in arbitration, litigation or negotiation/mediation, also
in international disputes and undertaken in English. He has also acted as
arbitrator and as mediator. He has written the book: "Sakførsel"
("Litigation"), now to be published in its fourth edition, and a book about
preclusive time bars in litigation, as well as numerous articles in
Norwegian and international books and periodicals. He lectures for the
bar exam and for the court administration office on litigation, legal ethics
and related subjects. He is a member of the special committees regarding
civil procedure of both the Norwegian Bar Association and the
Norwegian Jurists' Continuing Education Organization. Mr. Boye's
practice also covers contract law, company law and commercial law in
general. In addition to his law degree he has an MBA from Columbia
University, New York. He is fluent in English, Norwegian and Swedish,
conversational in French, Italian and Danish. kb@svw.no.
NAEL G. BUNNI is a Chartered Engineer, Registered Chartered
Arbitrator, Conciliator/Mediator and since 1996, Visiting Professor at
Trinity College Dublin. He is Past President of the Association of
Consulting Engineers of Ireland; and Past President of the Chartered
Institute of Arbitrators, Worldwide. Also, Past Chairman of FIDIC's
Standing Committee on Professional Liability; and its Task Committee on
Construction, Insurance and Law. In 1999, he was elected a Fellow of the
Irish Academy of Engineering and in March 2000, elected member of the
International Council for Commercial Arbitration, ICCA, which is a
gathering by cooption of 45 members of the foremost leaders in the field
of dispute resolution worldwide. Presently, he is a member of ICC's
Commission on International Arbitration & ADR. Dr. Bunni has been
involved in many civil and structural engineering projects in Ireland and
abroad and has won a number of professional awards for his work in
engineering design and in dispute resolution. He has acted as dispute board
member, conciliator/mediator, arbitrator or chairman of arbitral tribunals
in numerous domestic and international disputes involving parties from
over fifty jurisdictions. As arbitrator, in over one hundred and forty cases
of dispute, either as sole arbitrator or as a member of a tribunal or as
chairman of an arbitral tribunal. Many of these appointments were under
the ICC Rules of Arbitration; the LCIA Arbitration Rules; the UNCITRAL
Arbitration Rules; the Rules of the Cairo Regional Centre for International
Commercial Arbitration; or the Dubai International Arbitration Centre. Dr.
Bunni is the author of numerous technical papers and three books, most
recent of which are: "Construction Insurance" now in its second edition
under the title of "Risk & Insurance in Construction", published by Spon
Press, London, in March 2003; and "The FIDIC Forms of Contract"
published in its third edition in May 2005 by Blackwell Publishing,
Oxford (now John Wiley & Sons Ltd).
J. BRIAN CASEY is a founding member of Bay Street Chambers, a
barristers' chambers devoted to commercial arbitration. He has over 36
years of experience in commercial dispute resolution and is a former
Chair of the North American litigation group of Baker & McKenzie. Mr.
Casey holds bachelor's degrees in both Engineering and Law and has an
LL.M. in international business law from York University. In 1995 he
was designated a Fellow of the Chartered Institute of Arbitrators. He is
listed in tier one in Chambers Global, Who's Who Legal and in the
American Lawyer/ Lexpert Guide to the leading 500 lawyers in Canada.
Mr. Casey is the author of Arbitration Law of Canada: Practice and
Procedure published by Juris and is an adjunct professor at the
University of Toronto law school where he teaches international dispute
resolution. During his career, Mr. Casey has been retained as arbitrator,
chairman of the tribunal, or as counsel in numerous commercial
arbitrations both ad hoc and institutional under the auspices of the LCIA,
ICC, and the AAA/ICDR. Mr. Casey has also acted in investor/State
arbitrations under Chapter 11 of the NAFTA administered by ICSID and
other investor/state arbitrations arising out of Bilateral Investment
Treaties.
TERESA CHENG GBS SC JP FICE, FCIArb is a Senior Counsel,
Chartered Engineer, Chartered Arbitrator and Accredited Mediator. Ms.
Cheng is the Chairperson of Hong Kong International Arbitration Centre
(HKIAC), a Vice-President of the International Council of Commercial
Arbitration (ICCA), and a member of the International Centre for
Settlement of Investment Disputes (ICSID) panel of Arbitrators,
designated by the Chairman of the ICSID Administrative Council. In
2008, she was the first Asian woman elected through a global election as
President of the Chartered Institute of Arbitrators (CIArb). Ms. Cheng
was awarded the Gold Bauhinia Star by the Chief Executive of Hong
Kong in recognition of her public service to Hong Kong in 2011. She is
currently the Chairperson of Financial Dispute Resolution Centre, and
has also sat as a Deputy Judge in the Court of First Instance of the High
Court of Hong Kong. Ms. Cheng is a Fellow of King's College, London,
and the Course Director of the International Arbitration and Dispute
Settlement Course at the School of Law, Tsinghua University. Ms.
Cheng has co-authored numerous books and articles in journals and
seminars. Some of her recent publications include "Construction Law
and Practice in Hong Kong" and "Arbitration in Hong Kong: A Practical
Guide", published by Sweet & Maxwell, as well as papers in the
"International Council for Commercial Arbitration Congress Series",
published by Kluwer Law International.
MICHAEL M. COLLINS SC is a Barrister practicing at the Irish Bar
and the English Bar (through Monckton Chambers), having been called
to the Irish Bar in 1978 and the English Bar in 1987. Mr. Collins is a
Bencher of the Honourable Society of King's Inns, an Adjunct Professor
at University College Dublin Law School and a CEDR accredited
mediator. For two years from 2008 to 2010 he was Chairman of the Bar
Council of Ireland and is currently President of Arbitration Ireland. He
also has an extensive practice in commercial arbitration (domestic and
international) both as counsel and as arbitrator. He has had appointments
as arbitrator from the ICC Court of Arbitration and is one of Ireland's
representatives on the ICC Commission on Arbitration. He is also a
member of the International Centre for Dispute Resolution (ICDR) Panel
of Arbitrators. Mr. Collins has appeared many times before the European
Court of Justice and acts frequently as counsel in arbitrations and as
arbitrator. He commenced practice as a barrister in Ireland in 1981 and
was admitted as a senior counsel in 1994. He is also admitted to practice
in New South Wales and before the Bar of the U.S. Supreme Court. He
was appointed by the Irish Government as Chairman of the Competition
and Mergers Review Group whose report on competition law in 2000
was the basis of the Irish Competition Act 2002.
BERNADO M. CREMADES is a Senior Partner at B. Cremades y
Asociados. His practice is focused on international commercial
arbitration and transnational investment disputes. He has acted as
counsel, party-appointed arbitrator and president of arbitral tribunals in
more than 340 arbitrations. His professional experience in the field of
arbitration includes acting in proceedings under the auspices of all major
international arbitration institutions, including the ICC, ICSID, AAA,
CRCICA or LCIA as well as "ad hoc" arbitrations. He is a member of
the International Council of Commercial Arbitration (ICCA), the ICC
Institute of World Business Law, and is a former President of the
Arbitration Committee of the International Bar Association. He is a
Spanish appointee to the Panel of Arbitrators in the International Centre
for the Settlement of Investment Disputes (ICSID). Mr. Cremades is
recognised as the leading Spanish international arbitration practitioner
("number one practitioner in Spain for commercial arbitration legal
expertise" and "one of the top names in the industry", Who's Who legal,
July 2005).
He is fluent in Spanish, French, English and German.
HOP DANG is a Partner of Allens in Hanoi, specialised in infrastructure
project developments and international arbitration. He has acted on a
large number of high profile infrastructure projects in Vietnam
(including power plants and refineries). He regularly acts as arbitrator in
cross border disputes at the Singapore International Arbitration Centre
and the Vietnam International Arbitration Centre. He holds law degrees
from Vietnam and Australia and wrote his doctoral thesis on
international law and state contracts at the University of Oxford. He
regularly lectures in choice of law, investment and arbitration at law
schools in Vietnam, Singapore, China and Australia.
TRANG DANG is an Associate at Allens in Hanoi. Her areas of
expertise include foreign investment and commercial matters. One of her
interests is international arbitration and she has participated in a number
of arbitration related academic activities. She graduated from Hanoi Law
University.
HEW R. DUNDAS is a Chartered Arbitrator (CIArb) and DipICArb and
a Panel Arbitrator in England, Scotland, Beijing, Kazakhstan, Singapore,
Kuala Lumpur, Hong Kong, India, Slovenia and the USA and is a
member of many leading arbitral institutions. He is Honorary Vice-
President, Scottish Arbitration Centre and Chairman of the Advisory
Board of the Chinese European Arbitration Centre (Hamburg) and
Presidente Honorario, Centro International de Arbitraje e Mediación
(Quito). Mr. Dundas has spent more than 35 years in the Oil & Gas
industry, initially in-house including being Head of Legal, Company
Secretary and Group Insurance Manager at Cairn Energy PLC (at one
time the 48th largest UK (FTSE)-quoted company) before becoming (in
1998) a full-time International Arbitrator, Mediator and Expert
Determiner in oil & gas, energy, power, coal and general commercial
disputes. He made significant contributions to the Arbitration (Scotland)
Act 2010 and co-authored the definitive book on the Act (a heavilyupdated
2nd edition will be published in April 2014) as well as publishing
chapters on it in various other books. He also co-authored the ICCA
National Chapter on Arbitration in Việt Nam, one of the very few nonnationals
to contribute a National Chapter and possibly the only one to
co-author a wholly new chapter. He writes and publishes widely
(including in London, New York, Houston, Hong Kong, Singapore,
Kuala Lumpur, Moscow and Almaty) on UK and international arbitration
law and related topics; his total output is approx. 1,000,000 words. He
also lectures on International Commercial Arbitration at Edinburgh,
Dundee, Brunel, Kingston and Northumbria Universities in the UK and
has lectured at universities around the world. He is heavily involved in
the Willem C Vis International Commercial Arbitration Moot in both
Hong Kong and Vienna. In 2005 he was elected President of the
Chartered Institute of Arbitrators (approx. 12,000 members in 108+
countries) for calendar 2007.
LOUIS GARB is Principle at Louis Garb, Adv. & Notary based in
Jerusalem, Israel. The firm specializes in the practice of private
international law, and is the editor of important books in this field of law.
Louis Garb, a member of the Israel bar, is also admitted to practice in
South Africa and Botswana, and is a Jurisconsulte for Monaco. He
specializes in private international law. The firm undertakes contentious
and non-contentious matters in cases of probate and succession
(including declaration of death), enforcement of foreign judgments, and
international commercial litigation including arbitration and child
abduction (civil aspects). Louis Garb provides Israeli courts with expert
opinions on foreign law, and maintains contact with legal professionals
throughout the world and has represented private individuals,
corporations and foreign governments and their embassies in the above
mentioned fields of law, and also acts as a notary.
EDUARDO DAMIÃO GONÇALVES is a Partner with Mattos Filho,
Veiga Filho, Marrey Jr. e Quiroga Advogados; admitted to the Brazilian
Bar, São Paulo, Brasília and Rio de Janeiro Chapters. Eduardo has served
as a client advocate in arbitrations involving mergers and acquisitions,
shareholder rights, construction, energy (including oil and gas),
information technology, telecommunications, insurance, and distribution,
among others, administered under ICC, UNICITRAL, or Brazilian
institution rules, and has served as an arbitrator in a variety of arbitration
proceedings. He has published law review articles and is a frequent
speaker at alternative dispute resolution conferences both in Brazil and
abroad. He served as Chairman of the Brazilian Committee on
Arbitration (www.cbar.org.br). He currently serves on the roster of
arbitrators of Brazil's leading arbitration institutions and as an officer of
the IBA Arbitration Committee, and is a member of the French
Arbitration Committee, the ICC Latin American arbitration group, the
International Arbitration Institute (IAI), and the Board of the Arbitration
Centre for AMCHAM (SP). Mr. Gonçalves is a Lecturer in Law at
Fundação Getúlio Vargas and was a visiting scholar at Boston University
School of Law. Education: Bachelor of Laws, Universidade de São
Paulo; Master of Laws (D.E.A.) in Private International Law and
International Commerce, with specialization in Arbitration, Université de
Paris II (Panthéon-Assas); Ph.D. in Law, Universidade de São Paulo.
JOSEFINE HACKMAN joined Waselius & Wist in 2012 after having
obtained her LL.M. from the Law Faculty of the University of Helsinki
in 2011. Ms. Hackman received her B.Sc. (Econ) from the Hanken
School of Economics in 2011. Her previous engagements include acting
as Compliance Officer at the Nordic Investment Bank and internships at
other law firms (in Finland and Moscow). Ms. Hackman regularly
advises clients on Finnish corporate and commercial matters, mergers
and acquisitions, intellectual property law and in dispute resolution
matters, including arbitration. Her recent publications include, among
others, the Finland chapter in the publication Legal Aspects of Doing
Business in Europe, which provides a general overview of the legal
environment in Finland. Josefine Hackman is a member of the Finnish
Law Society and the Young Arbitration Club Finland.
GRANT HANESSIAN is Co-Chair of Baker & McKenzie's
International Arbitration Practice Group. He served as Chair of the
Litigation Department of the Firm's New York office from 2003-2012.
He has more than 25 years of experience as counsel and arbitrator in
disputes concerning investment treaty, contract, energy, construction,
commodities, financial services, insurance, intellectual property and
other matters. Mr. Hanessian is Vice Chairman of the Arbitration &
ADR Committee of the United States Council for International Business
(USCIB), the U.S. national committee of the International Chamber of
Commerce (ICC), a member the ICC Commission on Arbitration, ICC
Task Force on International Arbitration with States and State Entities,
AAA-ICDR International Advisory Committee and its Subcommittee on
Revision of the ICDR Rules and the ICDR Advisory Committee on
Brazil, New York State Bar Association Task Force on International
Arbitration, International Arbitration Club of New York, Arbitration
Committee of the International Institute for Conflict Prevention and
Resolution, New York City Bar Association's International Law
Committee and Club Español del Arbitraje, and a founding board
member of the New York International Arbitration Center. Mr.
Hanessian writes and speaks frequently on international arbitration
topics. He is editor of ICDR Awards and Commentaries (Juris Pub.
2012) and co-editor of Comparison of International Arbitration Rules
(American Bar Association Section of International Law, forthcoming
2014), International Arbitration Checklists (Juris Pub., 2nd ed., 2008),
Gulf War Claims Reporter (ILI/Kluwer, 1998) and Baker & McKenzie's
International Litigation & Arbitration Newsletter. Mr. Hanessian is
recommended by Chambers Global and USA Guides (described as "very
experienced, hugely knowledgeable and effective"), Legal 500
(described as 'a great practitioner' with a 'strong commercial profile'),
PLC Which Lawyer, The International Who's Who of Commercial
Arbitration and Expert Guide to Leading Practitioners in International
Arbitration.
BERNARD HANOTIAU is a Partner at Hanotiau & Van Den Berg. He
is a member of the Brussels and Paris Bars. Since 1978, Bernard
Hanotiau has been actively involved in more than 350 international
arbitration cases as party-appointed arbitrator, chairman, sole arbitrator,
counsel and expert in all parts of the world. Mr. Hanotiau is a professor
at the law school of Louvain University (Belgium) where he teaches
international arbitration. He is a member of the ICCA Council and of the
Council of the ICC Institute and a member of the ICC International
Arbitration Commission. He is also vice-president of the Institute of
Transnational Arbitration (Dallas) and a former vice-president of the
LCIA Court. He is a member of the Board of Advisors of the Singapore
International Arbitration Center and of the International Advisory Board
of the Honk Kong International Arbitration Centre. He is the author of
Complex Arbitrations: Multiparty, Multicontract, Multi-issue and Class
Actions (Kluwer, 2006) and of more than 120 articles, most of them
relating to international commercial law and arbitration. In March 2011,
Mr. Hanotiau received the GAR "Arbitrator of the Year" award.
SOFÍA HAUPT joined the law firm of Alessandri Abogados in 2009
and has worked as a Lawyer of the Corporate Area. She has focused her
practice mainly on corporate advice for local and international clients.
Ms. Haupt graduated cum laude, her thesis work to apply for her LLB
Law Degree was on "Checks and Balances in the Institutional System of
the European Union" (2007). Through the Universidad de los Andes
Students' Exchange Program, she stayed in Bayreuth, Germany, where
she took the German Law, Law in the European Union and American
Corporate Law courses (2007-2008). Sofía Haupt is a member of the
Chilean Bar Association.
ALASTAIR HENDERSON heads Herbert Smith Freehills' arbitration
practice in Southeast Asia and is ranked among the leading arbitration
lawyers in Asia. He has conducted numerous cases in local, regional and
international centres across many sectors and industries, with particular
experience in energy and natural resources, infrastructure, construction
and international trade. His clients include government agencies and
public bodies, multinationals and leading regional companies. Alastair
also sits as an arbitrator appointed by parties and by regional and
international institutions including the SIAC, ICC, HKIAC and LCIA.
He is a Fellow of the Singapore Institute of Arbitrators; a former
Thailand national committee member of the Chartered Institute of
Arbitrators and the ICC Thailand national arbitration commission; and a
regular speaker at regional/international conferences.
EUGENIO HERNÁNDEZ-BRETÓN is a Partner at Baker &
McKenzie Caracas Office. He represents parties in domestic and
international arbitration, has acted as arbitrator domestically and
internationally and is Professor and Chairman of the Masters' Program in
Private International Law and Comparative Law at Universidad Central
de Venezuela. He has Doctor of Laws (summa cum laude, University of
Heidelberg); Master of Laws (magna cum laude, University of
Tuebingen); Master of Laws (Columbia University in the city of New
York); Abogado (summa cum laude, Universidad Católica Andrés
Bello). He is a frequent lecturer on arbitration topics and author of more
than a hundred law articles and three books.
KAJ HOBÉR is a Partner in Mannheimer Swartling, Stockholm. He is
former Professor of East European Commercial Law at the University of
Uppsala from 1997 to 2009 and former Professor of International Law at
the Centre for Energy, Petroleum and Mineral Law and Policy
(CEPMLP), University of Dundee during 2010. As of 1 May 2012 he is
Professor of International Investment and Trade Law at Uppsala
University. Prof. Hobér is on the arbitrators’ list of ICSID, the Russian
Chamber of Commerce and Industry, CIETAC (Beijing), HKIAC (Hong
Kong), the Ukrainian Chamber of Commerce, The Kula Lumpur
Regional Centre for Arbitration (KLRCA), the Singapore International
Arbitration Centre (SIAC) and St. Petersburg Chamber of Commerce and
Industry (Spb CCI) and the Energy Arbitrators List (EAL).
Between1998-2003 he was Commissioner at the United Nations
Compensation Commission in Geneva. His arbitration experience
includes representation of both East and West European, American,
Russian and Chinese government bodies and corporations, as well as
parties from developing countries in international arbitrations. Prof.
Hobér has acted as counsel and arbitrator (including chairmanships) in
more than 400 international arbitrations. He is past chair of the IBA subcommittee
on Investment Treaty Arbitration and past vice-chair of the
IBA Arbitration Committee. He is the author of several books on
international arbitration and international investment and trade law,
including Investment Arbitration in Eastern Europe (2007) and
International Commercial Arbitration in Sweden (2011), Selected
Writings on Investment Treaty Arbitration (2013), as well as of
numerous articles. Kaj Hobér was a member of the Board of the
Arbitration Institute of the Stockholm Chamber of Commerce from 1992
to 2009. He is a member of the LCIA Court and of the Board of
Directors of the American Arbitration Association, and also a member of
the AIPN Educational Advisory Board. He is fluent in Russian and
German.
MICHAEL HWANG is Senior Counsel and Arbitrator at Michael
Hwang S.C. in Singapore.
FERNANDO JAMARNE joined the law firm of Alessandri Abogados
as a Partner in 2001. His practice covers a wide range of business topics,
specialized in business and financial transactions. In addition, he
structures international transactions for local and foreign clients,
provides advice on company mergers and acquisitions, and has extensive
experience in banking legislation and corporate finance. He participated
in the privatization process of water companies and has extensive
experience in public bids as well as in bond issuance and syndicated
loans. Before joining Alessandri Mr. Jamarne was the General Counsel
of the Chase Manhattan Bank, Chilean Branch Office; was an
international advisor to BankBoston in Boston, Massachusetts; worked
as lawyer for the World Bank's Central America and the Caribbean
Region, in Washington D.C., and as a lawyer for the Central Bank of
Chile's General Counsel's Office and of the International Insolvency
Institute. He also was a visiting lawyer at Cleary, Gottlieb, Steen &
Hamilton in New York in 1986. Mr. Jamarne is the author of a number
of articles and documents published by the Central Bank of Chile and
Universidad de Chile, such as "The Multilateral Investment Guarantee
Agency (MIGA)", "Characteristics of savings instruments" and "Minors
in conflict with the Law".
DOUG JONES AO is a Sydney-based Partner in the Australian law firm
of Clayton Utz where he heads the International Arbitration Group of the
firm and is an international dispute resolution lawyer. Professor Jones
has acted as Arbitrator and appeared as Counsel in numerous
international arbitrations. Amongst positions held, Doug is President of
the Australian Centre for International Commercial Arbitration, Past
President (2011) of the Chartered Institute of Arbitrators (London), and a
Member of the LCIA Court. He is a Foundation Fellow (1976) and
Graded Arbitrator (1985 - present) of the Institute of Arbitrators &
Mediators Australia, Fellow of the Arbitrators and Mediators Institute of
New Zealand, and Vice President of Asia Pacific Regional Arbitration
Group. Professor Jones is Professorial Fellow in the Law School of
Melbourne University and Adjunct Professor in the Law School of
Murdoch University and is an Honorary Fellow of the US and Canadian
Colleges of Construction Lawyers. In June 2012 in the Queen's Birthday
Honours List, Professor Jones was made an Officer of the Order of
Australia, for distinguished service to the law as a leader in the areas of
arbitration and alternative dispute resolution, to policy reform, and to
national and international professional organisations. His expertise in
International Arbitration has regularly been recognised by his peers. In
the Global Arbitration Review Awards 2013, Professor Jones was joint
runner-up in the category of the Best Prepared and Responsive Arbitrator
Award. He has also been recognised by Chambers Asia-Pacific as a star
individual in the Australian legal community for three successive years
and as one of the most in demand arbitrators, receiving a band one
ranking in the International Arbitration Category and a band two ranking
for dispute resolution (arbitration) in Australia (2011-2013).
SUMEET KACHWAHA is the Founding Partner of Kachwaha &
Partners, having a leading dispute resolution practice. He has handled
landmark and high-stakes matters (including a large number of crossborder
disputes). Mr. Kachwaha figures in Band One in the arbitration
section of Chambers Asia 2009 to 2013. He also figures as a “leading
individual” in The Asia Pacific Legal 500. He figures in The
International Who's Who of Commercial Arbitration, The International
Who's Who of Asset Recovery Lawyers, The International Who's Who of
Construction Lawyers and The International Who's Who of Public
Procurement Lawyers. Mr. Kachwaha is currently vice president of Asia-
Pacific Regional Arbitration Group (APRAG). He is also on the sixmember
advisory board of the Kuala Lumpur Regional Centre for
Arbitration (KLRCA) chaired by the attorney general of Malaysia. He
has recently been appointed as the deputy programme coordinator of the
Inter Pacific Bar Association (IPBA) for a two year term after serving a
three-year term as its chair dispute resolution and arbitration section. He
is also on the IBA subcommittee on implementation and application of
the New York Convention by national courts and legislatures. Recent
publications include: "The White Industries Australia Limited--India
BIT Award--A Critical Assessment", Arbitration International, Vol. 29,
Issue 2, pp 275-293 (2013); "Interim Relief: Comments on the
UNCITRAL Amendments and the Indian Perspective", Yearbook on
International Arbitration, Volume III, pp 155-161, (2013); "Enforcement
of Arbitration Awards in India", Asian International Arbitration Journal,
Kluwer (2008); "The Indian Arbitration Law: Towards a New
Jurisprudence", International Arbitration Law Review, Sweet & Maxwell
(2007); and "Arbitration Law of India--A Critical Analysis", Asian
International Arbitration Journal, Kluwer (2005).
ALEXANDER S. KOMAROV is currently a member of the Presidium
of the International Commercial Arbitration Court at the Chamber of
Commerce and Industry of the Russian Federation, which is the principal
international arbitration institution in the Russian Federation. He is a
Vice-President of the International Federation of Commercial Arbitration
Institutions, an LCIA Member, a Member of the Board of the Arbitration
Institute of the Stockholm Chamber of Commerce, a listed arbitrator at a
number of arbitration institutions in Central and East European countries.
He is Honorary Chairman of the ICC Russia National Comm.,
Arbitration Commission. Professor Alexander Komarov has been acting
for more than a decade as an arbitration expert of the Russian Federation
Delegation to the United Nations Commission on International Trade
Law (UNCITRAL). He is a CIArb Fellow and Chartered Arbitrator. He
is a Member of the Governing Council of International Institute for
Unification of Private Law (UNIDROIT) for the Russian federation. He
is a Member of the Council on Legal Reform and the Council on
Codification of Civil Law at the President of the Russian Federation. He
is currently Professor and Head of International Private Law Chair at the
Russian Academy of Foreign Trade and a Member of the Consultative
Council at the Supreme Arbitrazh Court of the Russian Federation.
THOMAS KOPP is a Partner based in the Frankfurt office of Cleary
Gottlieb Steen & Hamilton LLP. Mr. Kopp's practice is broad-based and
includes litigation and arbitration, capital markets, mergers &
acquisitions, general corporate and financial institutions regulatory
matters. As a member of the Firm's global dispute resolution practice,
Mr. Kopp provides litigation and arbitration expertise on complex crossborder
disputes, typically involving a procedural, substantive or factual
nexus to Germany. In this context, Mr. Kopp brings to bear his German
corporate, capital markets, mergers & acquisitions and financial
institutions regulatory experience of more than a decade. Mr. Kopp has
also been consistently listed by various independent legal directories as
one of the leading capital markets lawyers in Germany. Mr. Kopp joined
the firm in 1995 and became a partner in 2002. He was resident in the
London office from 1997 to 2000. He received a doctorate in law (Dr.
iur.) from Humboldt University of Berlin in 1994 and an LL.M. degree
from Duke University School of Law in 1993. Mr. Kopp passed the
second state examination in the State of Bavaria in 1995 and the first
state examination at the University of Munich in 1991. Mr. Kopp is a
member of the Bar in Frankfurt am Main. His native language is
German, and he is fluent in English.
RICHARD KREINDLER is a Partner of Cleary Gottlieb Steen &
Hamilton LLP, resident in its Frankfurt office. He is a professor of law
and a full-time advocate, acting as counsel, arbitrator and expert in major
commercial and investment arbitration and litigation matters throughout
the world for the past 28 years. He is a member of the New York and
Paris Bars. He is also an Honorary Professor of Law at the University of
Münster, Germany, where he has taught for well over a decade. Prof. Dr.
Kreindler is a graduate of Harvard, Munich, Columbia and Münster
Universities. He is a Fellow and Chartered Arbitrator of the Chartered
Institute of Arbitrators, London. Prof. Dr. Kreindler delivered the
lectures in Private International Law at the Hague Academy of
International Law in Summer 2012, which were published in the Recueil
des cours, Vol. 361, in 2013. He has also published several other
treatises and over 400 other publications and lectures on international
arbitration, litigation and compliance/anti-corruption issues. He has been
a member of the Editorial Board or Advisory Board of leading arbitral
publications and institutions, including Arbitration International,
International Arbitration Law Review, International Journal of Dispute
Resolution, International Legal Materials, Revue de Droit des Affaires
Internationales, and SchiedsVZ Zeitschrift für Schiedsverfahren (German
Arbitration Journal); he is also a Council Member of the ICC Institute of
World Business Law. He was Chairman of the IBA working group
resulting in the 2010 IBA Rules on the Taking of Evidence in
International Arbitration.
VICTOR P. LAZATIN is a Senior Partner in the litigation and dispute
resolution department at Angara Abello Concepcion Regala & Cruz Law
Offices located in Metro Manila, Philippines. He is heavily involved in
civil and commercial litigation, construction and arbitration law. He is
also active in joint ventures. Mr. Lazatin earned his Bachelor of Arts in
Economics degree from the University of the Philippines. Thereafter, he
graduated cum laude from the University of the Philippines, College of
Law. As a Clyde Dewitt Fellow Scholar, he attained his Masters of Law
from the University of Michigan in 1974.
DARREN LEHANE BL practices in common law, administrative law,
and commercial law. His specialisations include defamation, admiralty
law and statutory inquiries. He is a member of the Arbitration and ADR
Committee of the Bar Council of Ireland and the External Relations
Committee of the Bar Council of Ireland
ANNA DE LUCA is a Research Fellow at Bocconi University in Milan
and holds a PhD from the University of Milan. She specialized in
international investment law and arbitration, and EU investment policy.
She is a Member of the editorial committee of the Rivista dell'Arbitrato
and advises in the field of investment arbitration as a member of the Milan
Bar. Besides several articles in international yearbooks and Italian law
reviews, she authored in 2013 La competenza dell'Unione europea sugli
investimenti esteri (Giappichelli Torino). She is a co-editor of the volume
General Interests of Host States in International Investment Law (Giorgio
Sacerdoti, Chief-ed.), Cambridge University Press, forthcoming 2014.
BARRY MANSFIELD is a Barrister practising commercial law with a
specialisation in arbitration. He is the author of Arbitration Act 2010 and
Model Law: A Commentary (Clarus Press, Dublin, 2012) and a co-editor
of the Irish Business Law Review (Clarus Press). He is also an Adjunct
Assistant Professor at Trinity College Dublin where he teaches courses
on Arbitration and on International Dispute Resolution. He is a graduate
of University College Dublin, Georgetown University Law Center and
The Honorable Society of King's Inns. He was previously an Associate
at the New York and London offices of the firm of Davis Polk &
Wardwell LLP.
JUAN MANUEL MARCHAN is a Partner at Pérez Bustamante &
Ponce. Professor, International Commercial Arbitration, University San
Francisco de Quito (USFQ). Attorney at law and Doctor of Laws, PUCE.
LL.M. and recipient of Parker School Recognition for Achievement in
Comparative and International Law, Columbia University.
KHALIL MECHANTAF has been practising in the Middle East for six
years. He specializes in domestic and international arbitration, primarily
international commercial and construction related arbitrations before the
main arbitration institutions in the UAE and abroad. Prior to joining
Baker & McKenzie.Habib AI Mulla, Mr. Mechantaf worked at a number
of UK law firms and the International Courts in The Hague, Holland.
JANET MILLS received her JD from the University of Ottawa,
graduating with Cum Laude distinction in 1991 and has spent her
professional career in the field of commercial dispute resolution. She is
a founding member of Bay Street Chambers, a barrister's Chambers
devoted to commercial arbitration. Ms. Mills was formerly a partner in
the Toronto office of Baker & McKenzie LLP where she was a member
of the Global Disputes Resolution Group, specializing in international
commercial arbitration. Ms. Mills was appointed as a Registrar in
Bankruptcy for the Ontario Superior Court of Justice in 2008,
adjudicating consumer and commercial bankruptcy and insolvency
matters. She served the court until early 2012, leaving to pursue her
interest in private dispute resolution. Ms. Mills is currently a member of
the Law Society of Upper Canada, the Canadian Bar Association and she
sits on the Executive Committee of the Toronto Commercial Arbitration
Society. She has been named as a Roster Arbitrator to the International
Centre for Dispute Resolution and prior to joining the court, was a Roster
Arbitrator for the International Chamber of Commerce. Ms. Mills was
also a past Director of the Canadian Arbitration Congress. Ms. Mills has
written and spoken extensively on international commercial arbitration.
She was the co-author with J. Brian Casey of Arbitration Law of Canada:
Practice and Procedure (©2005) as well as collaborating with Mr. Casey
on the loose leaf text and updates to International and Domestic
Commercial Arbitration (©1993 to 1999). She was a contributing author
to the Ultimate Corporate Counsel Guide (CCH ©2006).
AGOSTINHO PEREIRA DE MIRANDA is Chairman and Founding
Partner of Miranda Correia Amendoeira & Associados. He is a Graduate
of the Coimbra University Law School (1974), admitted in 1978. After
obtaining his law degree Agostinho moved back to Angola to teach
commercial law and contracts at the Luanda School of Economics.
Agostinho has also worked and lived in Lisbon, London, Houston and
San Francisco. For approximately 6 years he worked in the U.S. for Gulf
Oil Corporation and Chevron Overseas Petroleum Inc. In both companies
he was charged with primary responsibility for the legal aspects of their
operations in Angola, Zaire (currently Democratic Republic of Congo),
Gabon and Brazil. Since 1987, Agostinho has been providing legal and
tax advice to various national and international companies doing
business in Portugal and several emerging markets in the areas of
mining, oil and gas, banking, construction, fishing, oil services, etc. In
recent years he has also been involved in representing various Fortune
500 companies in mediation and arbitration proceedings held in Portugal,
Brazil and several African countries. He has acted as a consultant to The
World Bank, USAID, OPIC and other international organisations. He is a
member of the American Bar Association (ABA), the Association of
International Petroleum Negotiators (AIPN) and the International Bar
Association (IBA). From 1996 to 2000, he was an officer of IBA's
Committee "O" Executive Committee. For the 1997/1998 period he was
an officer of IBA SERL's Oil Law Committee. He is a non-executive
director and member of the compensation committee of various
corporations, and he chairs the board of trustees of two non-profit
organisations. Agostinho is also a member of the Honorary Advisory
Council of the United States-Angola Chamber of Commerce. In 2001 he
was appointed to the Executive Committee of the "Angola Education
Assistance Fund, Inc.". Since 2004 he has been a director of the
Portugal-Angola Chamber of Commerce. Agostinho is the only
Portuguese member of the International Academy of Trial Lawyers
(IATL) and the American Board of Trial Advocates (ABOTA). He is
also a founding member and director of the Portuguese Arbitration
Association.
NICOLÁS MIRANDA is an Associate at the law firm of Alessandri
Abogados firm, focusing his practice in civil and commercial litigation
and arbitration, bankruptcy and insolvency, unfair competition lawsuits
and administrative contentious matters. Prior to joining Alessandri
Abogados, Mr. Miranda was a member of the litigation area of the law
firm Prieto & Compañía (2010 - 2012) and also worked for Graham
Miller Ltda (2009), then focusing his practice on civil and commercial
litigation and arbitration, bankruptcy and insolvency, consumers law and
administrative contentious matters, as well as on insurance-related
matters pertaining to domestic and international air transportation of
passengers and cargo. Mr. Miranda is a member and representative of
Alessandri Abogados before the Arbitration Committee and ADR of the
International Chamber of Commerce, and a member of the Young
International Arbitration Group (YIAG) of The London Court of
International Arbitration. He was the editor of the "Arbitration" chapter
for the publication in Chile of Doing Business, by the Britcham, 2013.
Nicolás Miranda is the firm's Pro Bono Services Coordinator and the
firm’s representative before Fundación Pro Bono. In the academic field,
Nicolás is a civil law assistant professor in the Universidad de Los Andes
and a civil procedural law assistant professor in the Universidad
Católica. He is a member of the Chilean Bar Association.
ALEXIS MOURRE practices law at Castaldi Mourre & Partners, a law
firm he co-founded in 1996. He specializes in International Arbitration
and International Litigation. He has served as counsel to party, coarbitrator,
sole arbitrator, or expert in more than 180 international arbitral
procedures, both ad hoc and before the most prominent arbitral
institutions. He is also the author of numerous books and publications in
the field of International Business Law, Private International Law, and
Arbitration Law. He is founder and past editor in chief of Les Cahiers de
l'Arbitrage, a leading French publication in the field of Arbitration.
Since 2009 Alexis Mourre is vice president of the ICC International
Court of Arbitration, past co-chair of the IBA arbitration committee
(2012-2013), a member Counsel of the International Business Law
Institute of the International Chamber of Commerce as well as of a large
number of scientific and professional institutions dedicated to Arbitration
and Private International Law. He is professor honoris causae of the
University San Ignacio of Lima (Peru) and Lecturer at the Universities of
Versailles and Sceaux. He acts as a speaker in numerous conferences and
seminars on international commercial arbitration, including numerous
ICC PIDA and IAP seminars, both as Chairman of the seminar or
speaker. He is fluent in French, English, Italian and Spanish, and has a
working knowledge of Portuguese.
HIEU NGUYEN is an Associate at Allens in Hanoi. He has worked on a
number of large infrastructure projects and cross border disputes.
PIOTR NOWACZYK, a Chartered Arbitrator, is a Partner in Dentons'
Warsaw office and works in construction disputes, FIDIC contracts,
foreign investment, oil and gas, transfer of technology, IP, energy,
international sales, banking, joint ventures, commercial contracts, M&A,
distributorships, licenses, and sport arbitration. He is an ICC Court
Member, a member of the Vienna International Arbitration Centre
Advisory Board, and a Polish delegate for UNCITRAL Working Group
II on Arbitration & Conciliation. Piotr is a fellow of the Chartered
Institute of Arbitrators (FCIArb) and the Australian Centre for
International Commercial Arbitration (ACICA), a member of the
Canadian Bar Association, the Law Society of England & Wales, and the
IBA Arbitration Committee (subcommittee on conflicts of interest),
member of AFA, ASA, CEA, CEPANI, DIA, DIS, ICA, ITA, ÖVS,
SAA, UIA and other professional organisations. He is an FIDIC
adjudicator and an expert of WIPO.
EUN YOUNG PARK is Partner with Kim & Chang, and the co-chair of
the firm's International Arbitration & Cross-Border Litigation Group. Dr.
Park is Vice-Chair of IBA Arbitration Committee, Co-Chair of IBA Asia
Pacific Arbitration Group, a Member of the Court of LCIA and the
Board of Directors of SIAC. He is also Vice President of the Korean
Arbitrators Association, a board member of the Korean Council of
International Arbitration, and Executive Member of Seoul IDRC, and a
registered arbitrator with SIAC, DIAC, KLRCA,HKIAC and KCAB. He
concentrates his practice on international arbitration proceedings as well
as court proceedings in multiple jurisdictions, including international
arbitrations in various venues under the rules of the ICC, LCIA, SIAC,
HKIAC, KLRCA, UNCITRAL, AAA/ICDR, SCC and the KCAB. He
also sits as an arbitrator in international arbitration cases. Dr. Park is coauthor
of the book Alternative Dispute Resolution Methods around the
Globe. He has earned numerous top rankings as one of the "leading
attorneys" in Chambers Asia-Pacific for international arbitration, Expert
Guide and The International Who's Who of Commercial Arbitration
(2008-2014). Dr. Park has served as a judge in the Seoul District Court
and teaches at law schools in Korea. He received a doctorate degree
(J.S.D.) and an LL.M from the NYU School of Law after graduating
from the Seoul National University (M.Jur & B.Jur). He is admitted to
the New York bar and Korea bar.
GUY PENDELL is an Arbitration and Commercial Litigation Partner in
CMS Cameron McKenna's Dispute Resolution Group. He is the head of
CMS Cameron McKenna's International Arbitration practice. He is a
solicitor advocate with a depth of experience of commercial disputes and
their resolution through litigation, arbitration or alternative dispute
resolution. He has a particular focus on international/cross-border
disputes (in particular Central and Eastern Europe). Mr. Pendell is a
member of, among others, the LCIA, ICC (he is the UK rapporteur for
the standing ICC Task Force on the New York Convention, and a
member of its editorial committee) and the IBA. He is a former Chair of
both the CMS Dispute Resolution Practice Area Group and the CMS
International Arbitration Group. He is recognised by Chambers and
Legal 500 as a leading lawyer in both international arbitration and
commercial litigation. Mr. Pendell is the editor of the CMS Guide to
Arbitration and a contributor or co-author of a number of highly regarded
arbitration publications, including the 'Word Arbitration Reporter' and
'Arbitration in the UK'. He is also a founding committee member of the
'International Arbitration Charity Ball'. His education includes:
Coventry, Law, LLB (Hons) 2(1), 1994; Nottingham Law School, Legal
Practice Course, 1996 (Commendation); College of Law, Diploma in
Advocacy, 2005; Solicitor Advocate, 2007.
NIKOLAUS PITKOWITZ is Founding Partner and head of dispute
resolution at Graf & Pitkowitz, Vienna. He holds law degrees from
University of Vienna (JD and PhD) and University of Sankt Gallen,
Switzerland (MBL) and is also qualified and certified as a Mediator.
Dr. Pitkowitz has been practising law since 1985. His practice, which
has always been very international with a strong focus on CEE, initially
mainly comprised transactional work in the fields of Real Estate and
M&A and soon expanded to international dispute resolution. Nikolaus
Pitkowitz is considered one of the preeminent Austrian dispute
resolution practitioners. He acted as counsel and arbitrator in a
multitude of international arbitrations, including several high profile
disputes most notably as counsel in the largest ever pending Austrian
arbitration (a multibillion telecom dispute). Dr. Pitkowitz is Vice-
President of VIAC (Vienna International Arbitral Centre). He is Fellow
of the Chartered Institute of Arbitrators (FCIArb) and arbitrator and
panel member of several arbitration institutions including ICC, SIAC,
CIETAC, SCC and ICDR. He is also Vice-chair of the International
Arbitration Committee of the Section of International law of the
American Bar Association (ABA) and past Co-chair of the Mediation
Techniques Committee of the International Bar Association (IBA).
Nikolaus Pitkowitz frequently speaks at seminars and is author of
numerous publications on international dispute resolution as well as
CEE related themes. Among others he is author on the leading treatise
on setting aside arbitral awards under Austrian law. Dr. Pitkowitz is a
co-editor of the Austrian Yearbook on International Arbitration and coorganiser
of the Vienna Arbitration Days.
VINAYAK PRADHAN is a Partner in the Dispute Resolution Division
at Skrine. Mr. Pradhan graduated with an LLP (Hons) from the
University of Singapore in 1973 and was admitted to the Malaysian Bar
in August 1974. He led the University's team in the Phillip C. Jessup
International Law Moot Court competition in Washington, D.C. He was
made a Partner at Skrine in July 1981 and was called to the Singapore
Bar in November 1991. Mr. Pradhan is also an Associate Member of
Littleton Chambers, King’s Bench Walk, London. He handles all aspects
of civil and commercial litigation and heads the firm's Construction,
Engineering & Arbitration Practice group, the bulk of work of which
concerns arbitration and alternative dispute resolution.
MOHAMED ABDEL RAOUF is the Director of the Cairo Regional
Centre for International Commercial Arbitration (CRCICA) and Lecturer
on international commercial arbitration at the Institute of International
Business Law (IDAI), Cairo University- Paris I Sorbonne. He has acted
as sole arbitrator, co-arbitrator and chairman of arbitral tribunals in
numerous domestic and international commercial arbitrations
(institutional and ad hoc). He has also acted as counsel, for private and
public entities in many international commercial and investment
arbitrations (under the Rules of CRCICA, UNCITRAL, ICC, AAA,
ICSID, DIAC, CAS, GCC, and the ADCCAC). He is an elected member
of the Governing Board of the International Council for Commercial
Arbitration (ICCA), a member of the Board of the Arbitration Institute of
the Stockholm Chamber of Commerce (SCC), Vice President, the
International Federation of Commercial Arbitration Institutions (IFCAI),
a CEDR Accredited Mediator, an Arbitrator listed in the Panel of
Arbitrators of the Court of Arbitration for Sport (CAS), a member of the
Editorial Board of the Journal of Arab Arbitration issued by the Arab
Union of International Arbitration, in addition to being one of the
founders of the Egyptian Arbitration Forum (EAF).
JOEL E. RICHARDSON is a United States Licensed Attorney,
licensed in the District of Columbia and Maryland, in the International
Arbitration & Cross-Border Litigation Practice Group of Kim & Chang.
Mr. Richardson has extensive experience in arbitration administered by a
wide variety of institutions including ICC, LCIA, SIAC, HKIAC,
KCAB, and AAA as well as ad hoc arbitrations. He also advises clients
on a broad range of litigation matters in the courts of Korea and the
United States. Mr. Richardson also serves as an adjunct professor at the
Korean Judicial Research and Training Institute lecturing on topics in
American law. Prior to joining Kim & Chang, Mr. Richardson 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.
ALFREDO L. ROVIRA was the Managing Partner of Brons & Salas for
more than 20 years and co-chair of the Corporate Department of the firm
as well as chaired the Arbitration group of the firm. He retired as a partner
in 2013 and established a consulting firm mostly focused on arbitration,
expert witness opinions and consulting in the areas of his specialization
(i.e. commercial laws (bankruptcy, contracts and corporate matters)
arbitration and complex contract and shareholders litigations). He is also
acting as counselor to Brons & Salas (as of counsel) on a non exclusive
basis. Dr. Rovira (Juris Doctor, cum laude (2003) graduated from the
National University of Buenos Aires School of Law, in 1967. He is a parttime
leading Professor of Commercial Laws at the National University of
Buenos Aires School of Laws where he was also nominated as part time
Consulting Professor in 2013 with tenure until 2019 in the Business Law
Department of such School and is also visiting professor at several private
law schools in Master and Post graduate courses in corporate and contract
laws. Dr. Rovira has been involved in numerous mergers and acquisitions,
complex contracts and loan arrangements including Project Finances and
Syndicated Loans, shareholders' litigations and arbitrations dealing with
contract and shareholders disputes both in Argentina and abroad. He has
also been called to act as expert witness in several international disputes
(both at court and in international arbitrations as an expert on Argentine
laws). Dr. Rovira has been consistently nominated one of the top 10
lawyers in Argentina in the ranking of Apertura an Argentine magazine
specialized on business issues with circulation in Latin America. Dr.
Rovira has been also nominated as a Leading Attorney in the areas of
M&A, Bankruptcy and Corporate Reorganizations and Arbitrations by
international publishers such as Euromoney, Chambers, etc. He can be
reached at: arovira@roviralaw.com.ar.
GIORGIO SACERDOTI is Professor of International Law and
European Law at Bocconi University, Milan, Italy, since 1986. Professor
Sacerdoti is a former Member of the WTO Appellate Body (2001-2009),
where he was chairman in 2006-7. He was Vice-Chairman of the
Organisation for Economic Cooperation and Development (OECD)
Working Group on Bribery in International Business Transactions until
2001, where he was one of the drafters of the Anticorruption Convention
of 1997. He has acted as consultant to the Council of Europe, the United
Nations Conference on Trade and Development (UNCTAD) and the
World Bank in matters related to foreign investments, trade, bribery,
development and good governance. In the private sector, he has often
served as arbitrator in international commercial disputes and at the
International Centre for Settlement of Investment Disputes. Professor
Sacerdoti has published extensively on international trade law,
investments, international contracts and arbitration. After graduating
from the University of Milan with a law degree in 1965, Professor
Sacerdoti gained a Master in Comparative Law from Columbia
University Law School as a Fulbright Fellow in 1967. He was admitted
to the Milan bar in 1969 and to the Supreme Court of Italy in 1979. He is
a Member of the Committee on International Trade Law of the
International Law Association and a co-editor of the Italian Yearbook of
International Law. He is Of Counsel to Eversheds Bianchini in Milan.
AZUSA SAITO is an Associate at Nishimura & Asahi in Tokyo.
VANINA SUCHARITKUL specialises in international commercial
arbitration and advises clients on a diverse range of commercial litigation
and cross-border disputes across Southeast Asia involving commercial
contracts, investigations and anti-corruption, joint ventures, construction
and infrastructure projects, environmental contamination, and
employment issues. She has experience acting as counsel and advocate
in arbitrations across multiple jurisdictions under the auspices of
institutions including, amongst others, ICC, SIAC, AAA, and TAI. She
regularly advises clients regarding the drafting and interpretation of
arbitration clauses, and has been involved in various forms of alternative
dispute resolutions including negotiations and mediations. Vanina
developed her international experience working with Herbert Smith
Freehills' Bangkok and Paris dispute resolution teams. Prior to joining
the firm, Vanina began her career in San Francisco at Morrison &
Foerster, where she represented multi-national corporations in substantial
commercial matters involving internal and external investigations,
securities litigation, consumer class actions, trademark prosecution, and
domain name disputes before the WIPO. Her arbitration experience
involved investment dispute issues and political risk insurance claims.
Admitted to the California Bar, Vanina completed her undergraduate
studies at the University of California, Berkeley and her Juris Doctor
with a concentration in International Law at the University of California,
Hastings College of the Law, as well as her LL.M. in International Law
at Golden Gate University where she taught International Criminal Law.
A holder of three nationalities, Vanina speaks Thai, French, and English.
Vanina serves as Member of the International Court of Arbitration of the
International Chamber of Commerce (ICC).
HIROYUKI TEZUKA is the head of the practice at Nishimura & Asahi
in Tokyo and is a widely renowned expert in international litigation and
arbitration. His practice areas include: M&A, international transactions,
civil and commercial disputes, transnational dispute settlement,
international trade, telecommunications/media, assistance to administrative
organisations.
STEPHANIE THOMPSON holds a Bachelor of Laws (Honours) and a
Bachelor of Arts from the University of Auckland. She is a member of
the New Zealand bar and a junior barrister at Bankside Chambers in
Auckland, where she assists Mr. Williams QC and other barristers in
international commercial arbitrations, international investment treaty
arbitrations and commercial litigation. She has been a Secretary to the
Tribunal in several international institutional arbitrations, including
LCIA arbitrations and SIAC arbitrations.
JEREMY TOR is an Associate in the Litigation Department of Baker &
McKenzie. His practice focuses on international arbitration and general
commercial litigation. Prior to joining the Firm, he served for two years
as a law clerk to a United States District Court judge, drafting judicial
opinions on a wide variety of issues, both civil and criminal. Mr. Tor
received his law degree in 2011 from the University of Virginia, where
upon graduation he was awarded the Eppa Hunton IV Memorial Book
Award, which is given by the faculty to one graduating student "who has
demonstrated unusual aptitude in litigation courses and shown a keen
awareness and understanding of the lawyer's ethical and professional
responsibility." Before law school, he was a Teach For America corps
member in Baltimore, Maryland, where he taught Spanish to high school
students. Mr. Tor has a Master's in Teaching from Johns Hopkins
University and a Bachelor's in Political Science and Spanish from the
University of Arizona, where he graduated with Honors, summa cum
laude, and was awarded the Outstanding Senior Award by the Political
Science faculty as the top graduating male.
PEDRO SOUSA UVA is an Associate at Miranda Correia Amendoeira
& Associados He is a graduate of the Lisbon Law School of the
Portuguese Catholic University (2003). Admitted in 2006. Joined the
Firm in 2013. Before joining the Firm, Pedro worked for almost ten years
as an Associate at Abreu Advogados law firm, where he focused his
practice in the areas of litigation and arbitration. Between 2009 and
2010, he participated in the International Arbitration Group’s Intern
Program, in London, at Wilmer Cutler Pickering Hale and Dorr LLP.
Pedro is a former scholarship student of the Katolieke Universiteit
Leuven, Belgium, where he pursued studies in International Arbitration
(2001/2002). He completed an LL.M in Comparative and International
Dispute Resolution at Queen Mary University of London (2008/2009).
He is co-founder of YAR--Young Arbitration Review. His practice
focuses on litigation and arbitration.
JOAQUÍN VALLEBELLA is a Senior Associate at Brons & Salas,
practicing in the Corporate Department focusing on international and
domestic arbitration, drafting and negotiations of domestic and
international deals dealing with loans, joint ventures, distribution and
concession agreements, M&A, shareholders agreements, trusts, asset
acquisitions including filings and disputes dealing with Antitrust law,
Corporate law and. Corporate restructurings. Mr. Vallebella is a graduate
of Universidad Católica Argentina. School of Law. (1999) and Master in
Business Law at Universidad Austral (2006) whose Thesis "Changes of
circumstances in contracts: traditional perspective and international
modern trend surrounding this phenomenon" was approved cum laude.
He has also attended Post-graduate Courses at Southwestern University
School of Law--California, U.S. School of laws of the Universidad de
Buenos Aires and, Universidad del Salvador. He is a member of the
Buenos Aires Bar Association since 2000, the Attorneys’ Association of
the City of Buenos Aires since 2003 and was elected Vice Chair of the
Young Practitioners Committee of the Attorneys' Association of the City
of Buenos Aires (2006). He is also a member of ICC YAF, of ICDR Y&I
and Young ICCA. He also published several articles on commercial
contracts in legal magazines. Was nominated Arbitrator in 2 International
Arbitration Moot Competitions Organized by the School of Law of
Universidad de Buenos Aires and the School of Law of Universidad del
Rosario de Bogotá (2011 and 2013) and attended several seminars and
conferences dealing with international arbitration. Mr. Vallebella is
fluent in Spanish and English. He can be reached at:
JAN WASELIUS is Founding Partner of Waselius & Wist. His practice
areas include: Dispute Resolution; Banking and Finance; Capital
Markets; Corporate and Commercial Law; Mergers and Acquisitions;
Energy Law; Intellectual Property and Information Technology; Labour
Law; Real Property; Tax Law; Trade Law
DAVID WILLIAMS QC has developed a global international
arbitration practice and has been involved, either as counsel or arbitrator,
in over 150 international arbitrations. He frequently sits either as
Chairman or co-arbitrator in ICC, LCIA, SIAC, HKIAC, ICSID, CAS
and ad hoc arbitrations concerning investment treaty disputes,
commodities pricing, oil and gas concessions, power projects,
construction, shareholder disputes, joint ventures and insurance. Mr.
Williams is a member of the New Zealand, English and Australian Bars.
He was a judge of the High Court of New Zealand from 1992 and 1994
and has been a part-time judge of the Dubai International Financial
Centre court. He is presently President of the Cook Islands Court of
Appeal. He is co-author of Williams and Kawharu on Arbitration
(LexisNexis, 2011), New Zealand’s first comprehensive treatise on
arbitration, and is an Honorary Professor at the University of Auckland.
Mr. Williams is also a member of numerous arbitral associations, and
currently serves on the Governing Board of the International Council for
Commercial Arbitration (ICCA).
DES WILLIAMS is Chairman at Werksmans Attorneys in the Dispute
Resolution practice area, located in Johannesburg, South Africa.
CLAUS VON WOBESOR is Managing Partner of Von Wobeser y
Sierra with almost 40 years of experience in advising both multinational
Fortune 500 clients as well as governments. He has an undisputed track
record acting as counsel and arbitrator appointed by international
companies and governments involved in international investor-state or
commercial disputes. Furthermore, he has a strong background in
corporate as well as litigation matters and has been the leader in some of
the most groundbreaking transactions taking place in Latin America and
Mexico during the past 30 years. Representative work includes advising
Anheuser Busch Inbev in its recent acquisition of GrupoModelo for 20.1
billion and counseling The Coca Cola Company in various of its many
and distinct key strategic M&A deals.
LUKAS WYSS is a Partner of Bratschi Wiederkehr & Buob (BWB), a
top ten Swiss law firm with offices in Zurich, Berne, Basel, Lausanne,
St. Gallen and Zug. His practice focuses on national and international
litigation and arbitration, mainly related to complex national and
international business transactions and projects such as large construction
projects and international contract law. He regularly publishes, among
others, on procedural and international arbitration issues. Born in 1965,
Lukas Wyss was educated at the University of Berne where he took the
bar exam in 1992. Before joining BWB in 1998, he worked in the tax and
legal department of an international audit company and in the legal
department of major Swiss insurance company. He took an LL.M. degree
from Georgetown University Law Center, Washington, D.C.
(International Legal Studies) in 2002. Lukas Wyss wrote his dissertation
on legal risk management and the hedging of international business
transactions and projects (2004). He further graduated as Arbitration
Practitioner from the Swiss Arbitration Academy in 2009. Lukas is a
member of the Swiss, the Zurich and the Berne Bar Association, the
European Law Center of the University of Zurich, the International Bar
Association (IBA) as well as of the Swiss Association of Arbitration. He
is further a Visiting Faculty at the ZfU International Business School of
Management on Legal Risk Management.
LIU YI is an Executive Partner of Run Ming Law Office in Beijing and
a graduate of Beijing University with a LL.B. degree He specializes in
banking and finance, foreign investments, mergers and acquisitions, and
commercial arbitration. He has served as arbitrator, counsel or expert
witness in various domestic and international arbitration or litigation. He
also has extensive experiences in cross-border aircraft finance and
leasing restructuring, repossession and insolvency. Liu Yi is a panel
arbitrator at China International Economic and Trade Commission
(CIETAC) and also a panel arbitrator of Kuala Lumpur Regional Centre
for Arbitration (KLRCA).
EDUARDO ZULETA chairs the International Dispute Resolution
Practice of Gómez-Pinzón Zuleta. Graduated with merits from the
University of El Rosario in Bogotá and with an LLM, with merits, and a
specialization in International Dispute Resolution in the University of
London, Queen Mary, Mr. Zuleta is recognized as one of the leading
practitioners in international arbitration in Latin America. He has acted
as chair, co-arbitrator, sole arbitrator and counsel in arbitral proceedings,
both in commercial and investment disputes, under ICSID, ICC, ICDR
and UNCITRAL rules, as well as under the rules of local arbitration
centers in the region. Mr. Zuleta is a professor in international contracts
and international dispute resolution and is the author of several
publications in international arbitration, as well as co-editor on a book on
the New York Convention. He was appointed by the Chairman of the
ICSID Administrative Council to the ICSID Panel of Arbitrators and is a
member of the LCIA Court of Arbitration. He is also listed as arbitrator
in several centers worldwide. In addition, he currently sits as Co-Chair of
the IBA Arbitration Committee, Vice Chair of the Institute for
Transnational Arbitration, Vice Chair of the Latin American Association
of Arbitration and member of the ICC Latin American Group. Mr. Zuleta
was also appointed by the Government of Colombia as a member of the
Expert Committee in charge of drafting the new National and
International Arbitration Statute (enacted through Law 1563/12).
Reviews:
"This book is an incredibly valuable resource for the international arbitration practitioner--or any lawyer who is confronted with arbitration proceedings. It is well written, well researched and should be kept at hand for quick reference--worldwide."
--Carolyn Lamm, Partner, White & Case, Washington D.C.
"The book edited by Lawrence Newman and Colin Ong, and co-authored by some of the foremost arbitration specialists, is an incredible treasure trove both for transactional lawyers and arbitration practitioners who need to know whether and, if so, what kind of interim relief is available in the arbitration context--and who is authorized to grant it. It is a book on interim measures that is here to stay."
--Franco Ferrari, Professor, New York University and Arbitrator
"Interim measures are an important facet of international arbitration playing a key role in making arbitration efficacious. But they are not easy to write about. What are the measures that an arbitrator can order, and can they be enforced? What do the arbitration rules say, and what are the practices? And if you prefer to go to a court because it will have powers of imperium that an arbitral tribunal lacks where will you go? The seat of arbitration? But will its measures be enforceable abroad? And will a court where assets are to be found be willing to intervene just because an international arbitral tribunal in a foreign jurisdiction is just beginning to study the merits of the disputes?
The answer to most of these questions would seem to be: it depends.
Larry Newman, the doyen of international arbitration and legal practice in New York, with years of expert practice in the field, and Colin Ong, a barrister of Essex Court Chambers in London with an international practice in Brunei have thought that the best way to attack the problem would be to break down the subject into 28 practical questions about the grant of interim measures by national courts and arbitral tribunals and then to direct them to 64 leading international arbitration practitioners in 43 different jurisdictions, from Argentina to Vietnam, throughout the world. The result is this book.
It is a well written book by experts and will fill a need for international practitioners who need to get beyond, and rapidly, the observation 'it depends'."
--W. Laurence Craig, Senior Counsel, Orrick Rambaud Martel, Paris
"Editors Newman and Ong have brought together an impressive list of experts in international commercial arbitration to discuss how interim measures are handled in various countries around the world. This jurisdiction-by-jurisdiction analysis will be of great practical assistance to those who are seeking to obtain or protect against interim measures brought in cases involving international arbitration."
--S.I. Strong, FCIArb, Associate Professor of Law, Senior Fellow, Center for the Study of Dispute Resolution, University of Missouri
"Based on the detailed and practical questionnaire prepared by the editors, this work provides an excellent country-by-country reference tool, authored by leading international arbitration practitioners and scholars around the world, about the availability of interim relief from arbitrators and courts in aid of international arbitration in 43 important common and civil law countries. Highly recommended!"
--Robert H. Smit, Partner - Co-Chair of the International Arbitration and Dispute Resolution Practice, Simpson Thacher, New York
"This new text on Interim Measures in International Arbitration is practical, readable and accessible. The editors have assembled many of the world's leading arbitral practitioners whose experience and wisdom are distilled in this book. I would highly recommend it for all members of the international arbitration community."
--David R. Haigh, Q.C., Partner, Burnet, Duckworth & Palmer LLP, Calgary
"This is a unique and extremely useful resource for international lawyers and their clients, as well as arbitrators. Meaningful relief in the arbitral process frequently turns on the ability to obtain enforceable interim measures pending a final award. This multi-jurisdictional collection from leading specialists in 43 different countries provides comprehensive, concrete, and accessible guidance on this topic of immense practical importance."
--Maria Chedid, Senior Counsel, Arnold & Porter LLP, San Francisco; President, Northern California International Arbitration Club (NCIAC)
Table of Contents:
PDF of Title Page and T.O.C.
Foreword
About the Editors
About the Contributors
Introduction
Questionnaire
Alfredo L. Rovira and Joaquín Vallebella
Doug Jones
Nikolaus Pitkowitz
Bernard Hanotiau
Eduardo Damião Gonçalves and Flávio Spaccaquerche Barbosa
J. Brian Casey and Janet Mills
Fernando Jamarne, Nicolás Miranda and Sofía Haupt
Liu Yi
Eduardo Zuleta
Alexander J. Bělohlávek
Juan Manuel Marchan
Mohamed Abdel Raouf
Guy Pendell
Jan Waselius and Josefine Hackman
Alexis Mourre
Richard Kreindler and Thomas Kopp
Teresa Cheng
Sumeet Kachwaha
Michael M. Collins SC, Nael G. Bunni, Barry Mansfield
and Darren Lehane
Louis Garb
Anna de Luca and Giorgio Sacerdoti
Hiroyuki Tezuka and Yoko Maeda
Eun Young Park and Joel E. Richardson
Vinayak Prahan
Claus Von Wobesor
David Williams and Stephanie Thompson
Knut Boye
Victor P. Lazatin
Piotr Nowaczyk
Agostinho Pereira de Miranda and Pedro Sousa Uva
Alexander S. Komarov
David Bartos and Hew R. Dundas
Michael Hwang and Colin Ong
Des Williams
Bernado M. Cremades
Kaj Hobér
Lukas Wyss
Alastair Henderson and Vanina Sucharitkul
Ziya AKINCI
Gordon Blanke and Khalil Mechantaf
Grant Hanessian and Jeremy Tor
Eugenio Hernández-Bretón
Hop Dang, Hieu Nguyen and Trang Dang