Leading Arbitrators' Guide to International Arbitration - Fourth Edition
The Leading Arbitrators' Guide to International Arbitration - Fourth Edition continues to offer thoughtful advice and insights into the world of international arbitration from some of the most prominent and experienced international arbitrators in the world. The contributors are arbitrators from Australia, Belgium, Canada, Chile, Denmark, England, France, Germany, Italy, The Netherlands, Italy, Spain, Sweden, Switzerland and the USA.
Contributors offer insights and advice on the way in which international arbitrations are carried out from the point of view of arbitrators reading pleadings and memorials and listening to witnesses and hearing arguments. The authors' discussions are intended to be thoughtful, insightful and useful - and perhaps, occasionally, iconoclastic. As a result, there may be instances in which the authors disagree with one another on certain points. This is to be expected for there are often many routes that can be taken to achieve a result.
For this Fourth Edition, several additional arbitrators have brought fresh perspectives to topics covered by former authors: Patricia Peterson has joined Robert Davidson to discuss “Settlement Facilitation and the Use of ADR in International Arbitration” (Chapter 2), James Carter has addressed “The Role of the Chairman” (Chapter 7), Lawrence Schaner has written on “The Tribunal’s Appointment” (Chapter 10), John Beechey and Niccolo Landi have considered “The Party-appointed Arbitrator” (Chapter 15), and Rocio Digon and Anna Yamaoka-Enkerlin have drafted the chapter on “Witness Statements: Use and Abuse” (Chapter 26).
As international arbitration adapts to new challenges, also included are new chapters on topics of current interest, including Chiann Bao’s chapter on “Technology and Arbitration” (Chapter 9), John Townsend’s on “Expedited Arbitration” (Chapter 12), Stephanie Cohen’s on “Non-participating Parties” (Chapter 16) and Laurent Levy’s on “Artificial Intelligence and Arbitration” (Chapter 35). All other chapters have been updated by their original authors.
The book will be useful not only to persons who may serve as arbitrators in international arbitral proceedings but also to those who may, in their position as advocates, wish to persuade persons -- including, perhaps, the authors.
PDF of Title Page & TOC
PREFACE TO THE FOURTH EDITION
PREFACE TO THE THIRD EDITION
PREFACE TO THE SECOND EDITION
PREFACE TO THE FIRST EDITION
ABOUT THE EDITORS
ABOUT THE CONTRIBUTORS
Perspectives on International Arbitration
Chapter 1 - INTERFERENCE BY NATIONAL COURTS
Jan Paulsson
Chapter 2 - SETTLEMENT FACILITATION AND THE USE OF ADR IN INTERNATIONAL ARBITRATION
Robert B. Davidson and Patricia Peterson
Chapter 3 - CONFIDENTIALITY
Michael Pryles
Chapter 4 - THE ETHICS OF INTERNATIONAL ARBITRATORS
Catherine A. Rogers and Jeffrey C. Jeng
Chapter 5 - THIRD PARTY FUNDING OF INTERNATIONAL ARBITRATIONS
Stephen Jagusch and Rayhan Langdana
Chapter 6 - REAL AND FEARED ARBITRATOR CONFLICTS OF INTEREST
Mauro Rubino-Sammartano
Chapter 7 - THE ROLE OF THE CHAIRMAN
James H. Carter
Chapter 8 - INTERNATIONAL ARBITRATION FROM THE PERSPECTIVE OF CORPORATE COUNSEL
Richard D. Hill
Chapter 9 - TECHNOLOGY AS PERFORMANCE ENHANCERS FOR ARBITRATORS: ILLUSION OR REALITY?
Chiann Bao
The Arbitral Proceeding
Chapter 10 - THE TRIBUNAL’S APPOINTMENT
Lawrence Schaner
Chapter 11 - EMERGENCY ARBITRATION
Grant Hanessian
Chapter 12 - EXPEDITED ARBITRATION
John M. Townsend
Chapter 13 - THE ORGANIZATIONAL MEETING
Klaus Reichert
Chapter 14 - ORGANIZING AN INTERNATIONAL ARBITRATION: PRACTICE POINTERS
Albert Jan van den Berg
Chapter 15 - PARTY-APPOINTED ARBITRATOR
John Beechey and Niccolò Landi
Chapter 16 - GHOSTED: AN ARBITATOR’S GUIDE TO DEALING WITH NON-PARTICIPATING PARTIES
Stephanie Cohen
Chapter 17 - CONTROLLING TIME AND COSTS IN ARBITRATION
Christopher Newmark
Chapter 18 - OBJECTIONS TO JURISDICTION
Alexander G. Leventhal
Chapter 19 - THE ROLE OF THE SECRETARY TO THE ARBITRAL TRIBUNAL
Pierre Tercier
Chapter 20 - DETERMINING THE EXTENT OF DISCOVERY AND DEALING WITH REQUESTS FOR DISCOVERY: PERSPECTIVES FROM THE COMMON LAW
Charles N. Brower and Jeremy K. Sharpe
Hearings and Witnesses
Chapter 21 - THE CONDUCT OF THE HEARINGS
Bernard Hanotiau
Chapter 22 - ADVOCACY IN INTERNATIONAL ARBITRATION
C. Mark Baker
Chapter 23 - CROSS-EXAMINATION IN INTERNATIONAL ARBITRATION—OPPORTUNITIES AND CHALLENGES
Lawrence W. Newman
Chapter 24 - WITNESS CONFERENCING
Hilmar Raeschke-Kessler
Chapter 25 - NON-SIGNATORIES AND INTERNATIONAL ARBITRATION
William W. Park
Chapter 26 - WITNESS STATEMENTS: USE AND ABUSE
Rocío Digón and Anna Yamaoka-Enkerlin
Arbitration, Awards and Post-Hearing Matters
Chapter 27 - IS THERE A LIFE AFTER THE AWARD?
Alexis Mourre
Chapter 28 - THE ARBITRAL AWARD
Bernardo M. Cremades
Chapter 29 - THE TRIBUNAL’S DELIBERATIONS
L. Yves Fortier
Chapter 30 - ASSESSING EXPERT EVIDENCE
Sophie Nappert and Fabricio Fortese
Chapter 31 - ACCESSING DAMAGES IN INTERNATIONAL ARBITRATION: PRACTICAL CONSIDERATIONS
Hilary Heilbron
Chapter 32 - THE DYNAMICS OF DELIBERATION MEETINGS AND DISSENTING OPINIONS
Ugo Draetta
Other Disputes
Chapter 33 - ARBITRATION INVOLVING STATES
Kaj Hobér
Chapter 34 - ARBITRATING INTERNATIONAL CONSTRUCTION DISPUTES
John Uff and Alexander Uff
Chapter 35 - THE USE OF ARTIFICIAL INTELLIGENCE: AN ARBITRATOR’S PERSPECTIVE
Laurent Levy and Ksenia Panerai
~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, 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.”
Grant Hanessian is an Independent Arbitrator in New York. Mr. Hanessian had acted as arbitrator and counsel in more than 150 commercial and treaty disputes arising under the laws of common and civil countries and public international law. Prior to July 2020, he was a partner at Baker McKenzie in New York, where he served as global co-head of the firm’s International Arbitration Practice, head of the International Arbitration Practice in North American and head of the New York office Litigation Department. Since 2018, he has been an Adjunct Professor of Law at Fordham Law School, where he teaches the International Commercial Arbitration and LL.M. International Arbitration Practicum courses. Mr. Hanessian is a Fellow of the Chartered Institute of Arbitrators and College of Commercial Arbitrators. He was U.S. member of the International Chamber of Commerce’s International Court of Arbitration in Paris from 2015 to 2021, chair of the Arbitration Committee of the U.S. Council for International Business (U.S. national committee of the ICC) from 2015 to 2020, and a member of the ICC’s Commission on Arbitration (2010–2021) and its Task Forces on Arbitration Involving States or State Entities and on Financial Institutions and International Arbitration. He is a member of the Panel of Arbitrators of the International Centre for Settlement of Investment Disputes, the American Arbitration Association—International Centre for Dispute Resolution’s International Advisory Committee and Publications Committee; a former Vice President of the London Court of Arbitration’s North American Users’ Council, and a member of the Singapore International Arbitration Centre’s User’s Council, the International Arbitration Club of New York, the Arbitration Committee of the International Institute for Conflict Prevention and Resolution, the New York City Bar Association’s Committee on International Commercial Disputes, Club Español del Arbitraje, and the Panel of Recognized International Market Experts in Finance (P.R.I.M.E.) Arbitration Rules Drafting Committee, and a founding board member of the New York International Arbitration Center. Mr. Hanessian has written more than 50 articles and book chapters on international dispute topics and is editor of ICDR Awards and Commentaries Vol. I and II (JurisNet), co-editor of International Arbitration Checklists (JurisNet), Gulf War Claims Reporter (ILI/Kluwer), and former editor of Baker McKenzie’s International Litigation & Arbitration Newsletter, and Baker McKenzie’s International Arbitration Yearbook. Mr. Hanessian is annually recommended by international arbitration reference guides, including Chambers Global and USA Guides (described as “strong arbitrator”, “careful, measured and brings tremendous experience”, “really thoughtful, very detailed, decisive”, “well prepared and asks the right questions”, “a mastermind”, “exceptionally experienced”, “an elite lawyer”, “very experienced, hugely knowledgeable and effective”), Legal 500 (described as “a great practitioner” with a “strong commercial profile”), The International Who’s Who of Commercial Arbitration (“superb counsel and arbitrator”), and Expert Guide to Leading Practitioners in International Arbitration (ranked among “Best of the Best” in international commercial arbitration).
~ABOUT THE CONTRIBUTORS~
C. Mark Baker is a Senior Partner in the Houston office of Norton Rose Fulbright, where he practices in the areas of complex commercial arbitrations, business litigation, and alternative dispute resolution (ADR). He is Global Head of the firms International Arbitration Department and is a member of the Global Supervisory Board. Mr. Baker has extensive experience with the international and domestic arbitration and litigation of banking, financial and securities transactions, including derivatives. He has also represented numerous clients in matters regarding international and domestic construction contracts, power purchase and sale agreements, energy contracts, joint ventures, and project finance and development agreements. Mark has arbitrated before many of the world’s arbitral bodies and has been involved in numerous alternative dispute resolution procedures. He is frequently selected to serve as an arbitrator on international and domestic arbitration panels. He is a Director of the New York International Arbitration Center; former Co-Chair of the Executive Committee and a Member of Board of Directors of the American Arbitration Association; former Vice Chair of the IBA Dispute Resolution Section twice Chair of the CPR Council and member of the LCIA Company. He has advised the United States delegation to UNCITRAL on the United Nations’ revisions to both the Arbitration Rules and Model Arbitration Law (2006).
Chiann Bao is a Chartered Arbitrator and CEDR-Accredited Mediator based in Singapore. She has been appointed in almost 100 ad hoc and institutional arbitrations totaling several billion dollars in dispute. She is a Co-Chair of the IBA Arbitration Committee and an immediate past Vice President of the ICC Court of Arbitration. Chiann also served as a co-chair of the ICC Commission’s Task Force on ADR and Arbitration. From 2010 to 2018, she served as the Secretary General of the HKIAC and was subsequently appointed as a Council Member of the HKIAC. Tri-qualified in New York, England and Wales and Hong Kong, Chiann previously practiced in international law firms in New York and Hong Kong. Regularly ranked by Who’s Who Legal and Chambers & Partners Global, Chiann has been identified as a Who’s Who Legal Global Elite Thought Leader and one of the most “in demand” arbitrators globally. She is described as a “brilliant lawyer and arbitrator with vast experience working on complex commercial and investment disputes across Asia.” Peers further describe her as “meticulous, smart, well-prepared and efficient,” as well as “very knowledgeable, diligent and a real diplomat.” She is also regularly recognized by Chambers Asia Pacific as one of the most in demand arbitrators with a “deliberative skill, intellectual engagement, thoroughness and formidable presence,” In 2022, Chiann was awarded the Global Arbitration Review “best lecture” for her Proskauer Rose Lecture.
John Beechey is a past President of the International Court of Arbitration of the ICC (2009–2015). His term of office at the ICC is regarded as one which brought about significant reform to, and the reinvigoration of, the ICC Court. He had previously served on the Executive Committee of the Board of the AAA in New York and as a Vice-President and member of the Board of the LCIA. He is the current Chairman of the Board of the BVI International Arbitration Centre. In March 2022, John was elected to serve a second four-year term on the Governing Board of the International Council for Commercial Arbitration (ICCA). Before his retirement from private practice in the City of London, he was the founding partner and Head of the highly regarded International Arbitration Group of Clifford-Turner (subsequently, Clifford Chance LLP) (1983–2008). In June 2016, John was appointed CBE (Commander of the Order of the British Empire) in the Queen’s Birthday Honours List for services to international arbitration. He is listed in Band 1 of the Chambers Most in Demand Arbitrators in Global Market Leaders Rankings and is one of 11 arbitration practitioners worldwide to appear in Who’s Who Legal’s Thought Leaders Global Elite 2021.
Charles N. Brower has served in The Hague since 1983 as a Judge of the Iran-United States Claims Tribunal and 2014–2022 as a Judge ad hoc three times of the International Court of Justice, before which he earlier had argued cases, as well as once as a Judge ad hoc of the Inter-American Court of Human rights in San Jose, Costa Rica. In 1987 he served in the White House as sub-Cabinet-ranked Deputy Special Counsellor to the President of the United States. He is an Arbitrator Member of Twenty Essex Chambers (London) and a retired partner of White & Case LLP. He has been a member of the Panel of Arbitrators of the World Bank Group’s International Centre for Settlement of Investment Disputes (ICSID). He has spoken and published around the world on international law and international dispute resolution.
James H. Carter is an independent arbitrator based in New York. He is a graduate of Yale College and Yale Law School, practiced law at Sullivan & Cromwell LLP and WilmerHale LLP and has served as arbitrator or counsel in 200 international arbitration cases. Mr. Carter has also served as Chair of the Board of Directors of the American Arbitration Association, President of the American Society of International Law and Chair of the American Bar Association Section of International Law. He is a member of the Court of Arbitration for Sport, a former member of the London Court of International Arbitration and co-editor of the treatise International Commercial Arbitration in New York.
Bernardo M. Cremades holds a doctorate in Spanish and German law and is a member of the Paris and Madrid Bar Associations. He previously served as President of the Spanish Court of Arbitration and Chair of the Global Center for Dispute Resolution Research launched by the American Arbitration Association. He is a Professor of International Business Law and a member of the Institute of World Business Law of the ICC. He has acted as counsel, arbitrator or presiding arbitrator in over 500 arbitral proceedings worldwide.
Stephanie Cohen is a NYC-based international arbitrator of Canadian nationality. With more than a dozen years of practice exclusively as an arbitrator, Stephanie has a wide range of experience with complex commercial disputes across arbitration rules, national laws, and industry sectors, and is ranked as a leading arbitrator by Chambers Global and USA Guides in addition to being named a Who’s Who Thought Leader in Arbitration. She has also achieved global recognition for her thought leadership on cybersecurity and the integration of technology in the arbitration process, and is trusted by major arbitral institutions, including the ICC and the AAA, to conduct new arbitrator training. Among other leadership roles, Stephanie is a member of the ICC Court of Arbitration and Chair of the International Commercial Disputes Committee of the New York City Bar Association. She is also a Fellow of the College of Commercial Arbitrators and of the Chartered Institute of Arbitrators and is the former Chair of the Institute’s New York Branch.
Robert B. Davidson, formerly a Partner in the firm of Baker & McKenzie, retired in 2003 to become a full-time Arbitrator and Mediator and the Director of JAMS Arbitration Practice. He has acted as an arbitrator in over 200 arbitrations, both domestic and international, and mediated in excess of 150 disputes. He is a Fellow of the Chartered Institute of Arbitrators and a Member and former Board Member of the College of Commercial Arbitrators. Among other listings, he has been listed in the Chambers (U.S.A.) directories as one of the U.S.A.’s leading international arbitrators since 2010, and is listed in The International Who’s Who of Commercial Mediation since 2012. He has sat as sole arbitrator, chair of tripartite panels and as a party-appointed arbitrator in arbitrations administered by all of the major arbitral institutions, including JAMS, the AAA, the ICDR, the ICC, CPR, the LCIA, the Hong Kong International Arbitration Centre, CIETAC, the Netherlands Arbitration Institute, and in various ad hoc arbitrations. He specializes in commercial cases, including acquisition and merger post-closing disputes, intellectual property matters (patents and trademarks, alleged thefts of proprietary information, insurance and reinsurance disputes, pharmaceutical licensing disputes distributor terminations, sales of goods, and other commercial matters. He lectures frequently and has published widely on various legal, arbitration and mediation topics. More information can be accessed at www.jamsadr.com.
Rocío Digón is a legal consultant at White & Case. Based in Rome, Rocío has experience as counsel, arbitrator and tribunal secretary in ad hoc and institutional arbitrations, including under the AAA/ICDR, ICC, ICSID, LCIA, CAM Arbitration and UNCITRAL Rules, in disputes arising out of matters in the following sectors: energy (hydroelectric and oil and gas); telecommunications; distribution agreements; life sciences; textiles; hospitality; construction; banking/financial services; and public international law/investment treaty. Prior to joining White & Case, she was an Associate Research Scholar at Yale Law School and previously spent three years as the first Managing Director and Counsel of the ICC International Court of Arbitration, SICANA, Inc., where she was responsible for administering cases for the North America region and directing SICANA’s promotional activities. Ms. Digón writes and speaks frequently on topics in international and commercial arbitration. Additionally, Rocío co-founded the Rising Arbitrators Initiative and is Co-Chair of the Arbitral Appointments committee of Racial Equality for Arbitration Lawyers (REAL). Ms. Digón received her undergraduate degree from Amherst College, where she graduated summa cum laude and her J.D. from Yale Law School. She also has an LL.M. in public international law from Leiden University in the Netherlands, which she received while on a J. William Fulbright fellowship. She is admitted to practice in New York and Massachusetts.
Ugo Draetta is Professor of International Law at the Catholic University of Milan. He received his PhD in International Law (1968) and graduated from the Academy of American and International Law, at the International and Comparative Law Center, University of Texas at Dallas (1976). In 2005 he taught courses at The Hague Academy of International Law on Internet and Electronic Commerce in International Business Law. During his professional experience he has held the positions of General Counsel and Secretary of Fiat SpA, Turin (1978–1980) and Vice-President and Senior Counsel—International—of General Electric Co., USA, London (1987–1999). He is a member of the Board of Directors of major Italian companies. From 2000 he started his arbitration practice. He has been involved in about 60 arbitration proceedings (ICC, UNCITRAL, Milan, Vienna, Dubai and Madrid international arbitration chambers, ad hoc arbitrations) as President, sole arbitrator or co-arbitrator. His areas of expertise include international law; lex mercatoria; EU law; antitrust law; conflicts of laws and procedure; intellectual property law; construction contracts; agreements for the sale of goods; merger and acquisition agreements; shareholders’ and joint venture agreements; R&D agreements; distribution agreements; State contracts; investment projects. Ugo Draetta is member of the ICC Institute of World Business Law, the Club of Arbitrators of the Milan Arbitration Chamber, the Scientific Committee of the Italian Arbitration Association (AIA), is listed as Arbitrator with the Vienna International Arbitration Centre (VIAC) and the Dubai International Arbitration Centre (DIAC), he is honorary member and member of the General Council of AIGI (Italian Association of Company Counsels) and member of the ICC Working Group on In-House Counsel. He is co-founder and co-editor of the review “Diritto del Commercio Internazionale” as well as member of the Board of editors of the Revue de droit des affaires internationales/ International Business Law Journal, published by Sweet & Maxwell and Corporate Counsel Advisory Editor of the European International Arbitration Review, published by JurisNet. He is author of many publications in the fields of arbitration, international law, industrial law, international trade law, EU law, including Behind the Scenes in International Arbitration, JurisNet.
Fabricio Fortese (Dr.) is a Research Fellow at the Faculty of Law, University of Oxford. In recent years, he has held visiting scholar and research fellowships at Columbia Law and the National University of Singapore. Fabricio is a Fellow of the Chartered Institute of Arbitrators (FCIArb) and the Director of Mooting Activities at the Department of Law, Stockholm University. Additionally, he represents Stockholm University as a board member of the Association for the Organization of the Willem C. Vis International Commercial Arbitration Moot. He is also a former board member of the Nordic-Baltic Chapter of the Spanish Arbitration Club. As a practising lawyer and expert, he has experience in international arbitration, litigation, and other forms of ADR.
L. Yves Fortier, C.C., Q.C., is an Independent Arbitrator. He was Chair and Senior Partner of Ogilvy Renault (now Norton Rose Fulbright) from 1992 until 2008. He is a former President of the Canadian Bar Association (1982–83). From 1988 to 1992, he was Canada’s Ambassador and Permanent representative to the United Nations in New York. Since 1992, he has acted as arbitrator and mediator in many major international commercial, investment and sports disputes in different part of the world in ad hoc arbitrations and arbitrations under the hospices of the ICC, LCIA, AAA, ICSID, CAS and other arbitral institutions. He has served as Chair of two panels of the U.N. Compensation Commission in Geneva. He is a former member of the Claims Resolution Tribunal for Dormant Bank Accounts in Zurich. From 1998 to 2001, he was President of the London Court of International Arbitration. He is currently judge ad hoc of the International Court of Justice in the Hague. He is also a member of the international Council for Commercial Arbitration (ICCA). He has published numerous articles (French and English) on international arbitration.
Bernard Hanotiau is a Partner at Hanotiau and Van den Berg, Belgium and Council Member, ICC Institute of World Business Law. Since 1978, Bernard Hanotiau has been actively involved in international commercial arbitration as party-appointed arbitrator, chairman, sole arbitrator, counsel and expert in various parts of the world. Amongst the parties engaged in these arbitrations have been states (including on the basis of BIT’s) and state entities, high technology and telecommunications corporations, construction and real estate companies, oil, gas and mining companies, water and electricity suppliers, pharmaceutical companies, automobile manufacturers, distributors and manufacturers of various kinds of goods and equipments, manufacturers of military supplies, of satellites, airlines and railways, banks and investment companies, hotel management corporations. He is a member of ICCA (International Council for Commercial Arbitration), the ICC International Arbitration Commission and a Council Member of the ICC Institute of World Business Law. He is also Vice-President of the LCIA Court, of CEPANI (Belgian Arbitration Center) and of the Institute of Transnational Arbitration (Dallas). He is a member of the International Arbitration Club (London) and served as chairman of the Club of International Arbitrators (Milan). He has written a major treatise on complex arbitrations (Complex Arbitrations: Multiparty, Multicontract, Multi-issues and Class Actions Kluwer, 2006) and more than 120 articles, most of them relating to international commercial arbitration.
Hilary Heilbron QC is a barrister and King’s Counsel practicing from Brick Court Chambers, London. She now focuses on sitting as an International arbitrator. She has been appointed as an arbitrator in well over 125 arbitrations, many as Chair, with a range of different applicable laws, seats, institutional rules and subject matters, both ad hoc and under institutional rules. She brings to this role her prior extensive experience as counsel in commercial cases in which capacity she acted for a wide range of national and international clients, appearing as leading counsel in the Supreme Court, the House of Lords and the Privy Council. She has been a member of various recent international task forces on current topics in international arbitration and is a former member of the LCIA Court. She has spoken and written extensively on international arbitration and cross-border litigation and is the author of “A Practical Guide to International Arbitration in London” as well as the biography of her mother “Rose QC”: the Remarkable Story of Rose Heilbron: Trailblazer and Legal Icon”. https://www.brickcourt.co.uk/our-people/profile/hilary-heilbron-kc.
Richard D. Hill is an experienced senior executive and legal leader with a focus on the energy transition. He is General Counsel for Downstream and Renewables at Shell, overseeing a global organization of two hundred legal staff supporting Shell’s retail, lubricants, chemicals, low carbon and renewable energy businesses. He is a member of Shell’s Downstream and Renewables Leadership Team and Legal Leadership Team and a Director of Shell International Petroleum Limited. Richard was previously General Counsel for Global Litigation at Shell. Before joining Shell he was a Partner and Head of Asia Disputes in a major international law firm and was recognized as a leading practitioner by the main legal directories, having appeared as counsel and advocate or as arbitrator in over a hundred international disputes involving a wide range of commercial and state entities. He has written widely on dispute resolution. He is a Bencher of the Honourable Society of Gray’s Inn (of which he was a Prince of Wales scholar when studying for the Bar) and has served on the Boards of the London Court of International Arbitration, the International Institute for Conflict Prevention and Resolution (based in New York) and the U.S. Chamber of Commerce Institute for Legal Reform (based in Washington DC). Richard’s career has involved periods living and working in London, Paris, New York and Hong Kong. Beyond his leadership in energy, law and international dispute resolution, Richard has a background in classical music and is actively involved in promoting musical education.
Kaj Hobér is a Partner in Mannheimer Swartling, Stockholm. As of 1 May 2012 he is Professor of International Investment and Trade Law at Uppsala University. 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. 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). Between 1998–2003 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 sub-committee 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 (JurisNet, 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.
Stephen Jagusch is Global Chair of Quinn Emanuel’s International Arbitration Practice. He specializes in international commercial and investment treaty arbitration, having acted as adviser and advocate in dozens of ad hoc and institutional international arbitrations, conducted in many countries around the world, and subject to a wide variety of governing substantive and procedural laws. A great many of Mr. Jagusch’s cases have been for or against sovereign states or substantial multinational organizations, and he has been lead counsel in many of the world’s leading investment treaty cases. He is recognized as a leading expert in the field of international arbitration and disputes arising under contacts and bilateral or multilateral investment treaties, and is highly ranked by all international and domestic legal publications in international arbitration and public international law. Leading directories recognize Mr. Jagusch as a leader in his field and have recently described him as “one of the most impressive advocates around”, “a masterful cross-examiner”, a “tenacious fighter”, the “maestro of strategy”, “one of the gurus in the field”, “one of the pre-eminent ICSID arbitration experts in the world” and praise his “finely honed instincts for strategy in advocacy.” Mr. Jagusch routinely speaks at leading conferences and seminars, and is widely published, on the subject of international arbitration. He won the inaugural (and subsequent) Client Choice Award for Best Arbitration Lawyer in the UK. Chambers & Partners and Super Lawyers both rate Stephen as one of the leading lawyers in the UK across all fields of practice. Prior to joining Quinn Emanuel, Mr. Jagusch was Chair of the Global International Arbitration Practice of Allen & Overy LLP. Mr. Jagusch regularly sits as an arbitrator and has sat as Chair, Sole or Co-Arbitrator in dozens of cases around the world.
Professor Albert Jan van den Berg is a partner at Hanotiau & van den Berg (Brussels, Belgium). He is presiding, sole and party-appointed arbitrator in numerous international commercial and investment arbitrations. He also acts as counsel in international commercial arbitrations and in set aside proceedings. He is Honorary President of the International Council for Commercial Arbitration (ICCA), having served as President from 2014–2016. He is Distinguished Faculty Co-Chair of the International Arbitration LL.M. Program at the University of Miami School of Law and a Visiting Professor at Georgetown University Law Center, National University of Singapore Faculty of Law and Tsinghua University School of Law. Professor van den Berg is also a member of the faculty and the advisory board of the University of Geneva Master in International Dispute Settlement Program. He is Emeritus Professor (Arbitration Chair) at Erasmus University, Rotterdam. He is Honorary President of the Netherlands Arbitration Institute (NAI), having served as its President and Secretary General, and former Vice-President of the London Court of International Arbitration. Professor van den Berg has published extensively on international arbitration (see www.hvdb.com), in particular, the New York Convention of 1958 (see www.newyorkconvention.org). His awards include: Global Arbitration Review, Best Prepared and Most Responsive Arbitrator in 2013; The International Who’s Who Legal, Arbitration: Lawyer of the Year in 2006, 2011 and 2017.
Jeffrey C. Jeng is an Attorney practicing in the State of New York. His arbitration experience spreads across three continents, including internships with the Chinese Arbitration Association (Taipei, Republic of China) and the international arbitration department at Gleiss Lutz (Stuttgart).
Niccolò Landi is a Member of Arbitration Chambers. He has a well-established track record in international commercial arbitration, both ad hoc and under institutional rules, and in investor-state arbitration. He is appointed regularly as an arbitrator and as tribunal secretary. He has served as arbitrator and counsel in international arbitrations under the rules of the ICC, VIAC, CAM and UNCITRAL. He has also acted as administrative secretary to tribunals, both ad hoc and those constituted under institutional rules, among others, those of the ICC, LCIA, ICSID, PCA, SIAC and AFSA. He graduated in law from Siena University and holds a Master of Laws (LL.M.) from University College Dublin. He is a Member of the Milan Bar, Italy, admitted to practice before the Italian Supreme Court. He lectures on arbitration-related topics at the University of Roma Tre, at the University of Turin and at the International Training Centre of the International Labor Organization in Turin, Italy. He is listed as a “Global Leader” by Who’s Who Legal in the category Arbitration in 2023.
Rayhan Langdana is a Senior Associate at Quinn Emanuel Urquhart & Sullivan UK LLP. He holds a Bachelor of Laws (Honours) and a Bachelor of Arts from the University of Auckland, and a Master of Laws from the University of California, Berkeley. Prior to joining Quinn Emanuel, Rayhan practiced dispute resolution at one of New Zealand’s largest law firms and was a junior barrister at a leading set of Chambers.
Alexander G. Leventhal is a Partner in the International Arbitration Department of Quinn Emanuel Urquhart & Sullivan based in the firm’s Paris office. Qualified as a New York attorney-at-law, a French avocat, and an English solicitor, Alexander acts as counsel and accepts instructions as arbitrator. Alexander is the founder of the Rising Arbitrators Initiative, an organization aimed at empowering the next generation of arbitrators receiving their first appointments.
Laurent Lévy has extensive experience in international commercial disputes, mainly in the areas of oil, gas, air & space and finance industries and in disputes surrounding international investments. He has handled more than 250 arbitration proceedings, mostly as a president or arbitrator, under various rules such as the ICC, ICSID and LCIA Rules, in numerous jurisdictions worldwide. He is an honorary council member of the ICC Institute of World Business Law, a member of the Association Suisse de l’Arbitrage and a former member of the Milan Club of Arbitrators. He is a former President of the Court of Arbitration of the Casablanca International Mediation and Arbitration Centre (CIMAC), and is a former Vice-President of the ICC Court of International Arbitration and a former Vice-President of the London Court of International Arbitration (LCIA).
Alexis Mourre founding partner of Mourre Chessa Le Lay Arbitration – MCL Arbitration, has served as counsel, President of the Tribunal, Co-Arbitrator, Sole Arbitrator or Expert in more than 300 international arbitrations, both ad hoc and before most international arbitral institutions (ICC, ICSID, LCIA, ICDR, SIAC, SCC, DIAC, VIAC, etc.). He established his own arbitration practice in May 2015, after having founded Castaldi Mourre & Partners in 1996. Alexis has been a Court member of the ICC International Court of Arbitration for 12 years, first as Vice-President (2009–2015) and then as President (1 July 2015–30 June 2021). He was Vice President of the ICC Institute of World Business Law (2011–2015), co-chair of the IBA Arbitration Committee (2012–2013), LCIA Court member (2012–2015) and Council member of the Milan International Chamber of Arbitration (2006–2014). He is the author of numerous books and publications in the field of International Business Law, Private International Law and Arbitration Law. He is founder and former editor in chief of Les Cahiers de l’Arbitrage – The Paris Journal of International Arbitration, a leading publication in the field of international arbitration. Alexis is a member of a large number of scientific and professional institutions dedicated to Arbitration and Private International Law. He is the founder and former president of Paris Place d ‘Arbitrage/Paris the Home of International Arbitration. He is fluent in French, English, Italian and Spanish, and has a working knowledge of Portuguese.
Sophie Nappert is an Arbitrator in independent practice, based in London. She is dual-qualified as an Avocat of the Bar of Quebec, Canada and as a Solicitor of the Supreme Court of England and Wales. Before becoming a full-time arbitrator, she pursued a career as an advocate and was Head of International Arbitration at a global law firm. She is commended as “most highly regarded” and a “leading light” in her field by Who’s Who Legal. Sophie is highly sought-after in complex energy, investment and natural resources disputes. She is a pioneering practitioner at the intersection of arbitration and Legal Tech. In 2019, she completed the University of Oxford’s Saïd Business School Programme on Blockchain Strategy. In 2021, she co-founded ArbTech (https://www.arbtech.io/), a knowledge-sharing platform fostering cross-disciplinary dialogue on technology, dispute resolution and the future of justice. In its first year of existence, ArbTech was shortlisted at the 2022 GAR Awards. Sophie is trained and has practiced in both civil law and common law jurisdictions. She holds degrees in both common law and civil law from McGill University and a master’s degree in law from King’s College London. For over a decade she served as the peer-nominated Moderator of OGEMID, the online discussion forum on current issues of international investment law, economic law and arbitration. Since 2019, she co-chairs the ICC Task Force on Allegations of Corruption in International Arbitration, the largest ICC Task Force to date. Sophie is an award-winning lecturer and the first female recipient of the Global Arbitration Review Award for Best Speech in 2016 for her Inaugural EFILA Lecture on the future of ISDS. She delivered the 2018 Proskauer Lecture on International Arbitration, “Disruption Is the New Black”, which was also shortlisted for Best Speech at the 2019 GAR Awards. Sophie is the author of a Commentary on the 2010 UNCITRAL Arbitration Rules. She is a regular speaker at conferences and seminars on issues of international arbitration, international investment law and dispute resolution. She is a guest lecturer at Columbia Law School, Harvard Law School and McGill University Faculty of Law. She created the Nappert Prize in International Arbitration, open to young scholars and practitioners worldwide, administered under the auspices of McGill University.
Christopher Newmark is a full-time arbitrator and has extensive experience as a mediator. He is a Partner at Spenser Underhill Newmark LLP, a specialist commercial dispute resolution firm in London. Before forming the firm in February 2007, Chris was a Partner at the London office of Baker & McKenzie, where he was the chair of the firm’s European Dispute Resolution Group. Chris was the first emergency arbitrator to be appointed by the ICC under the Emergency Arbitrator Provisions introduced in the 2012 ICC Rules of Arbitration and was appointed in 2020 by the LCIA as emergency arbitrator in two related cases arising out of the COVID pandemic. Chris was jointly appointed by the parties as a sole arbitrator under the 2017 ICC expedited arbitration rules. Chris was appointed Vice-Chairman of the ICC Commission on Arbitration in January 2008 and co-chaired (with Yves Derains) the ICC Commission task force on reducing time and cost in complex commercial arbitrations. Chris sits on the board of directors of the International Institute for Conflict Prevention and Management (CPR) and is a Senior Visiting Lecturer at the School of International Arbitration, Centre for Commercial Law Studies, Queen Mary University of London. Chris also conceived and co-edited the leading mediation book “Butterworths Mediators on Mediation – Leading Mediator Perspectives on the Practice of Commercial Mediation” which won the 2006 CEDR Excellence in ADR Award for best publication. As legal adviser, Chris regularly represents clients in large international commercial disputes, usually arising out of cross-border contracts. Chris has acted for state owned companies, a central bank and many large multi-national corporations in international arbitrations under the rules of the major arbitral institutions.
Ksenia Panerai has extensive experience with commercial and investment disputes, in particular those relating to joint ventures, shareholder agreements, construction and oil and gas contracts. She participated in proceedings conducted both ad hoc and under the rules of leading arbitration institutions (including the rules of the SCC, ICC, LCIA, SIAC, HKIAC, ICSID and RAC). Before starting her individual practice, Ksenia worked for several years as associate at Lévy Kaufmann-Kohler in Geneva. Before that, she was legal counsel at the Russian Arbitration Center (RAC) in Moscow, where she was involved in commercial arbitration and served as tribunal secretary in various proceedings
William W. Park is Professor Emeritus of Law at Boston University, where he has taught in the areas of tax and finance. He is former General Editor of Arbitration International, and has served as arbitrator for the Holocaust Era Insurance Claims Commission and the Claims Resolution Tribunal for Dormant Swiss Accounts. Park is a member of the Governing Board of ICCA (International Council for Commercial Arbitration) and sits on the Board of the American Arbitration Association. He is a Fellow of the Chartered Institute of Arbitrators and the College of Commercial Arbitrators. In 2008 the United States appointed Park to the Panel of Arbitrators for the International Centre for Settlement of Investment Disputes. Park is s past President of the London Court of International Arbitration, and has held visiting university positions at Cambridge, Dijon, Geneva, Hong Kong and Auckland. His books include Arbitration of International Business Disputes, International Forum Selection, ICC Arbitration (with Craig and Paulsson), International Commercial Arbitration (with Reisman, Craig and Paulsson) and Income Tax Treaty Arbitration (with Tillinghast).
Jan Paulsson holds the Michael Klein Distinguished Scholar Chair at the University of Miami School of Law He is the former head of the arbitration practice group of Freshfields Bruckhaus Deringer. Mr. Paulsson has participated as counsel or arbitrator in over 700 arbitrations in Europe, Asia, the United States and Africa. He is President of the International Council for Commercial Arbitration (ICCA), immediate past President of the LCIA, a former Vice-President of the International Court of Arbitration of the International Chamber of Commerce, a member of the Permanent Court of Arbitration in The Hague, a board member of the American Arbitration Association, and a member of the Singapore International Arbitration Court. He is President of the Administrative Tribunal of the European Bank for Reconstruction and Development, a Judge of the IMF Administrative Tribunal, and past President of the World Bank Administrative Tribunal.
Patricia Peterson is qualified in four jurisdictions, with a common law and civil law background, Patricia specializes in international arbitration and alternative dispute resolution. During her career, Patricia has also worked on cross-border commercial litigation matters as well as disputes and regulatory investigations in the financial services sector. Having practiced for thirty years in the Paris office of Linklaters LLP, Patricia established her own arbitration practice in 2017, Peterson//ADR, focusing mainly on work as arbitrator. She has a broad range of experience, including acting as counsel, arbitrator (as chair, co-arbitrator or sole arbitrator) and emergency arbitrator in international arbitration matters under the rules of the major arbitral institutions and in ad hoc proceedings. She has advised frequently on matters involving mediation and other alternative dispute resolution methods. Patricia’s experience spans many industry sectors, including mining, natural resources, aeronautics, telecommunications, satellites, construction and engineering, distribution, joint venture projects and banking, in a variety of geographic regions. Patricia is a CEDR Accredited Mediator, a Chartered Arbitrator (C.Arb) and Fellow of the Chartered Institute of Arbitrators (FCIArb). She is a member of the Chartered Selection Group of the Chartered Institute of Arbitrators (responsible for the assessment of candidates for C.Arb status). As a member of the ICC Commission on Arbitration and ADR, Patricia has served on several ICC Task Forces, including those on ADR and Arbitration, Emergency Arbitrator Proceedings, Climate Change Related Disputes, Financial Institutions and International Arbitration, and Arbitration Involving States and State Entities. Patricia is a co-leader in the DIS Rules in Practice Group on Settlement. Patricia is also a member of the ICC Institute of World Business Law, ICC Canada, the LCIA European Users’ Council, the International Council for Commercial Arbitration and the Comité français de l’arbitrage, among other professional organizations in which she is active. Patricia is a Lecturer in the Master in Economic Law program at Sciences-Po Law School in Paris, where she teaches courses in English contract and tort law.
Michael Pryles is a well-known international Arbitrator. He is President, Court of Arbitration, Dubai International Arbitration Centre (DIAC) and Founder President, Court of Arbitration, Singapore International Arbitration Centre (SIAC). Dr. Pryles is a former President of the Australian Centre for International Commercial Arbitration, a former court member of the London Court of International Arbitration and former treasurer and governing board member of the International Council of Commercial Arbitration (ICCA). Dr. Pryles was the foundation president of the Asia Pacific Regional Arbitration Group, an association of some 27 arbitral centers and organizations. He was formerly a Commissioner of the United Nations Compensation Commission where he served for over eight years on two panels, chairing one of them. Michael has sat as an arbitrator in over 400 cases worldwide. He has experience of both ad hoc and institutional commercial arbitrations under the UNCITRAL, ICC, LCIA, SIAC, HKIAC, CIETAC, SCC, JCAA, AIAC and Swiss rules; investor-state arbitrations under the ICSID Rules, the ICSID Additional Facility Rules and the UNCITRAL Rules (BITs, NAFTA, CAFTA and state investor protection laws). Dr. Pryles is also a prolific writer and speaker on international arbitration. Further details can be found on his web site www.michaelpryles.com.
Hilmar Raeschke-Kessler is a member of the exclusive bar of the German Federal Court—Bundesgerichtshof. He has acted as chairman or arbitrator in numerous international arbitrations and has represented clients before the Bundesgerichtshof in cases, i.a., related to the enforcement or setting aside of arbitral awards. He is member of the ICC-Commission on International Arbitration and has been until the end of 2022 Vice President of the German branch of the International Law Association and Board Member of the German Arbitration Institution—DIS. He has been member of the IBA-Working Groups on the IBA-Rules of Evidence 1999, their revision of 2010 and on the IBA Guidelines on Conflicts in International Arbitration. He is honorary Professor at the Faculty of Law of the University of Cologne.
Klaus Reichert SC specializes in international arbitration with substantial experience in dealing with international disputes across a broad spectrum of complex subject matters, industries and governing laws (both common law and civil law) involving sovereigns and commercial parties from all over the world. He has particular experience as an arbitrator arising from cases administered by ICSID, ICC, LCIA, ICDR and the PCA. He has sat in arbitrations on three-member tribunals on multiple occasions in Paris, London, New York, Geneva, The Hague, Singapore and Washington DC. He has a significant focus on commercial cases located in the United States and is one of the few non-Americans admitted as a Fellow of the College of Commercial Arbitrators (USA). He is a member of the Court of Arbitration for Sport and was an arbitrator with the Basketball Arbitral Tribunal for many years. He is Vice-Chair of the Executive of the Institute of Transnational Arbitration (Dallas). He was called to the Inner Bar of Ireland (Senior Counsel) in 2010 having been involved as counsel in a large number of leading cases in the field of private international law before the Irish Courts. During the Academic Year 2023–24 he was the Scholar in Residence at New York University School of Law Center for Transnational Litigation, Arbitration, and Commercial Law. In 2020 he was designated by the Government of Ireland to the ICSID panel of conciliators.
Catherine A. Rogers is a scholar of international arbitration and professional ethics at Bocconi University, with an appointment as a Research Professor at University of California Law, San Francisco. Professor Rogers taught at many universities around the world, including as Professor of Ethics, Regulation, and the Rule of Law at Queen Mary, University of London, at Pennsylvania State University, and at the Masters International Dispute Settlement (MIDs) Program in Geneva. She has published dozens of books and articles on international arbitration and global legal ethics, and taught and lectured on these topics around the world. Among other professional appointments, Professor Rogers is a Reporter for the American Law Institute’s new Restatement of the U.S. Law (Third) of International Commercial Arbitration, one of the ICC Palestine’s delegated members of the Court of Arbitration for the new Jerusalem Arbitration Centre, a member of the Board of Directors of the International Judicial Academy, and Co-Chair, together with William W. Park, of the ICCA-Queen Mary Task Force on Third-Party Funding in International Arbitration.
Mauro Rubino-Sammartano is a Partner at LawFed - BRSA, which is the result of a merger between Rubino-Sammartano e Associati and Bianchi e Associati, both firms being in practice in the international field since the 1960s. He has been admitted to the Paris Bar and is an associate member, as Italian advocate, of Littleton Chambers in London. He is President of the European Court of Arbitration, President of the International School of Arbitration and Mediation of the Mediterranean and the Middle East, Chartered Arbitrator, and Advocate at the Courts of Appeal of Milan and Paris. His name appears in the list of several arbitral institutions and he has acted and regularly acts as chairman, party-appointed, sole arbitrator and counsel in a large number of arbitral proceedings.
Lawrence Schaner is an Independent Arbitrator, based in Chicago, with over three decades of experience in the resolution of complex, high value cross-border and domestic business disputes. He is ranked in Band 1 for international arbitrators by Chambers USA and among the world’s “Most in Demand Arbitrators” by Chambers Global. Before becoming a full-time arbitrator in 2017, he was a partner and co-head of the international arbitration practice of Jenner & Block. His experience as an arbitrator includes administered and ad hoc cases under many rules, including the AAA, CPR, ICC, ICDR, JAMS, KCAB, LCIA, SCC, SIAC and UNCITRAL. He is a Fellow and member of the board of directors of the College of Commercial Arbitrators, a Fellow of the Chartered Institute of Arbitrators, and has taught a seminar on international arbitration at Northwestern University Pritzker School of Law as an adjunct professor since 2010. He served for 20 years on the ICC Commission on Arbitration and is a member of ICC USA’s Nominations Commission. He is a vice-chair of the Dispute Resolution and Arbitration Committee of the Inter-Pacific Bar Association, a past councilor of the LCIA’s North American User’s Council and served for 6 years as an officer of the Arbitration Committee of the International Bar Association. He is a co-editor of International Arbitration in the United States (Kluwer Law International 2018) and served from 2013–18 as the editor of the International Bar Association’s journal, Dispute Resolution International. He was selected as an “ADR Champion” by the National Law Journal in 2016 and the “Chicago International Arbitration – Commercial Lawyer of the Year” in 2014 and 2023 by Best Lawyers in America. He was awarded the President’s Prize by the Chartered Institute of Arbitrators in 2003 for receiving the highest mark on its Award Writing Examination. He earned his J.D. from Stanford Law School in 1986 and B.A. from Duke University in 1982. He was a law clerk to the Hon. Cecil F. Poole, U.S. Court of Appeals for the Ninth Circuit (1986–1987). He is a member of the bars of the States of California, Illinois, and New York.
Jeremy K. Sharpe is an international arbitrator; Visiting Professor of Law at the National University of Singapore; Lecturer in Law and Senior Fellow at Columbia Law School; Board Member of the United Nations Register of Damage; and an editor of the ICSID Review – Foreign Investment Law Journal. He previously was a partner in Shearman & Sterling’s international arbitration and public international law practices in London and Paris; Chief of Investment Arbitration in the Office of the Legal Adviser at the U.S. Department of State; Legal Adviser to the U.S. Embassy in Baghdad; Attorney-Adviser in the State Department’s Office of African and Near Eastern Affairs and Office of International Claims and Investment Disputes; and an adjunct professor at Georgetown University Law Center.
Pierre Tercier is Emeritus Professor, University of Fribourg, Switzerland and Honorary Chairman of the International Court of Arbitration of the ICC. He is a Senior Counsel at Peter & Kim (Geneva and Seoul). He has also taught at the University of Geneva and the EPFL in Lausanne (Switzerland), in Paris I, Paris II, Paris IV (France), Georgetown (USA) and in Torino (Italy). He is the author of numerous books and articles on Contract Law, Torts, Construction Law, Antitrust Law, and Dispute resolution. He was a Member and Chairman of the Swiss Antitrust Commission (1977-1998) and was Chairman of the International Court of Arbitration of the ICC (2006–2008). Prof. Tercier has extensive experience in arbitration: serving as arbitrator in over 200 proceedings (ad hoc, ICC, ICSID, CCIG, UNCITRAL, LCIA, SCC, ZCC). He was a member of the ASA Board and is a member of the ICCA Advisory Board, after having been a member of the Council.
John M. Townsend is a litigation Partner in the Washington office of Hughes Hubbard & Reed LLP. His practice focuses on complex disputes, particularly international disputes, both in court and before arbitral tribunals. Mr. Townsend served as Chairman of the Board of Directors of the American Arbitration Association (AAA) from 2007 to 2010 and as Chairman of the Executive Committee of the AAA from 2004 to 2007. He served from 2005 to 2006 as the first chairman of the Mediation Committee of the International Bar Association (IBA) and as a member and a Vice President of the LCIA Court of Arbitration from 2014 to 2019. Mr. Townsend was appointed by President Bush to the Panel of Arbitrators of the International Centre for the Settlement of Investment Disputes (ICSID), on which he served from 2008 until 2016. He chaired the European Privilege Task Force of the U.S. Council for International Business. He served as lead counsel to Canada in Canada’s successful defense of two arbitrations brought by the United States against Canada under the Softwood Lumber Agreement and as lead counsel for the investors in six investment treaty arbitrations against the Russian Federation arising out of its actions in Crimea. Mr. Townsend is a Fellow of the College of Commercial Arbitrators. He is a member of the American Law Institute (ALI) and served as an Advisor to the ALI’s project to draft a Restatement of the American Law of International Commercial Arbitration. Mr. Townsend is a graduate of Yale College (1968) and Yale Law School (1971).
Alexander Uff studied history at Oxford and moved on to qualify at the English Bar, followed by an LLM at Columbia University and admission to the New York Bar. He has practiced in international arbitration with law firms in Paris, New York and latterly in London where he became a partner of an international law firm specializing in commercial and investment arbitration. Since 2020 he has practiced in Quadrant Chambers, London, leading commercial and shipping specialists. He has frequently delivered lectures and seminars on commercial arbitration topics, most recently in Hong Kong.
John Uff originally qualified in engineering and retains links with the Engineering Institutions including the Smeatonian Society of Civil Engineers. Since the 1970s he has practiced law as an Advocate and Arbitrator at Keating Chambers, London, operating in all fields of engineering and construction. In recent years his practice has been largely international, covering all parts of the world and all the International Institutions. He was the founding Director of the Centre of Construction Law at Kings College, London, where he held the Nash Chair of Engineering Law until 2002 and is now Emeritus Professor. His work has included chairing Public Inquiries in UK into water supply and railway safety; and most recently in Trinidad and Tobago into their public construction industry. He is the author of several books on construction and arbitration themes; he has served as a Vice-President of the LCIA, President of the Society of Construction Arbitrators and Master of the Worshipful Company of Arbitrators in the City of London.
Anna Yamaoka-Enkerlin is the COO and Co-Founder of Break & Make Robotics. Previously she was an International Arbitration Associate at White & Case, in New York. Anna graduated first class from law at Oxford University and has an LLM from NYU.
"This book is not about self-congratulatory war stories. The editors, Lawrence W. Newman and Richard Hill, are to be commended for producing an extremely valuable collection of personal insights from a diverse group of leading arbitrators[....]
The essays cover some of the most difficult and discreet problems in international arbitration. Some of the essays consist of broad overviews of a subject, some take a specific problem and examine it from several angles. What they have in common is insight that can only be distilled from experience and from the generous spirit of the authors sharing it. As the authors will frequently acknowledge in their essays, these problems do not always have one right or wrong answer; rather, they require a careful application of discretion and a deep understanding of a full spectrum of competing interests and diverse legal cultures[...]
The insider's knowledge shared by The Leading Arbitrator's Guide to International Arbitration is a generous effort towards helping to expand the group of 'usual suspects' and to impart expert insight to a future generation of arbitrators."
- Arbitration International
"What distinguishes The Leading Arbitrators' Guide from earlier writings is its practical - and practice-oriented - approach. Not since the 1996 UNCITRAL Notes on Organizing Arbitral Proceedings has so much expertise been garnered and made available to the international community in such a useful format. There are pointers on the selection of arbitrators and invaluable advice on acting as an arbitrator - whether as chair or party-appointee. Several authors provide first-hand insight into the chair’s general duties in organizing and managing the proceedings, while others focus on particular phases - hearing, deliberation, and drafting of the award. Nor have the contributors neglected many of the important procedural issues that frequently confront international arbitrators, such as discovery, interim measures, and confidentiality. The Leading Arbitrators’ Guide to International Arbitration reveals how the best-known arbitrators exercise that discretion, and illuminates many of the norms underlying this exercise. It is sure to become a well-thumbed handbook at law schools, law firms and arbitral institutions."
- Tjaco T. van den Hout, Former Secretary-General, Permanent Court of Arbitration, The Hague
"With such a range of topics and a constant dual approach - relevant laws and rules coupled with either practical illustrations and/or pragmatic guidelines - the book should prove invaluable to those serving as international arbitrators, and also, as pointed out by L.W. Newman in his introduction, to those acting as advocates seeking to persuade arbitrators - including the authors themselves."
- ASA Bulletin
"The Leading Arbitrators' Guide to International Arbitration, is a truly exciting set of essays by some of the world’s leading international arbitrators addressing the central questions confronting those involved in or studying the arbitration of international disputes. Whether as experienced or beginning counsel, arbitrator, arbitration institution, courts with arbitration cases, or student of the field, this single volume work of twenty-two essays is not to be missed. It covers in a most practical fashion with practical advice a large number of procedural problems, and certain important theoretical issues as well. This is a book not to be missed by participants in, and students of, the international arbitral process. The issues addressed in this volume are indeed the central issues of international arbitration, and they are addressed by outstanding arbitrators in the most thoughtful of ways. Their contributions to the literature of the field will be long-lasting."
- Arthur Rovine, Retired Partner, Baker & McKenzie; Past President of the American Society of International Law (ASIL) and Former Chairman of the International Law Section of the American Bar Association (ABA)
"The Leading Arbitrators' Guide to International Arbitration is a unique and invaluable resource. Substantively first rate, it covers the full gamut of international arbitration issues - from appointment of the panel through enforcement of the award, dissecting nettlesome issues of jurisdiction, discovery, interim measures and annulment. The volume simultaneously furnishes unique insight into the thinking of the leading international arbitrators who are the authors."
- Gregory P. Joseph is a Fellow of the American College of Trial Lawyers and former Chair of the Section of Litigation of the ABA. He formerly Chaired the Litigation Department at Fried, Frank, Harris, Shriver & Jacobson in New York.
"The editors, themselves leading arbitration practitioners, and the contributors have done an admirable job in maintaining consistency in approach and tone despite the diversity of authorship, background and subject matter. Throughout, the writers bring a wealth of experience and knowledge in identifying issues that can and have arisen in the real world. While there are not always easy solutions, readers will benefit from the cautionary remarks, advice and pointers derived from the writers’ many years of actual experience.
The contributors are too many to name. Suffice it to say that the book delivers on its promise, as a guide by leading arbitrators."
-Arbitration, (Journal of the Chartered Institute of Arbitrators, CIArb), Vol. 75, No. 2
“What a beautiful book. Just got my copy. Can't wait to read it, and what a great reference source. I'm sure I'll refer to it often.”
-Charles J. Moxley, Jr. Arbitrator, FCIArb; Fellow, CCA, Adjunct Professor, Fordham Law School, Distinguished ADR Practitioner in Residence, Benjamin N. Cardozo School of Law
~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, 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.”
Grant Hanessian is an Independent Arbitrator in New York. Mr. Hanessian had acted as arbitrator and counsel in more than 150 commercial and treaty disputes arising under the laws of common and civil countries and public international law. Prior to July 2020, he was a partner at Baker McKenzie in New York, where he served as global co-head of the firm’s International Arbitration Practice, head of the International Arbitration Practice in North American and head of the New York office Litigation Department. Since 2018, he has been an Adjunct Professor of Law at Fordham Law School, where he teaches the International Commercial Arbitration and LL.M. International Arbitration Practicum courses. Mr. Hanessian is a Fellow of the Chartered Institute of Arbitrators and College of Commercial Arbitrators. He was U.S. member of the International Chamber of Commerce’s International Court of Arbitration in Paris from 2015 to 2021, chair of the Arbitration Committee of the U.S. Council for International Business (U.S. national committee of the ICC) from 2015 to 2020, and a member of the ICC’s Commission on Arbitration (2010–2021) and its Task Forces on Arbitration Involving States or State Entities and on Financial Institutions and International Arbitration. He is a member of the Panel of Arbitrators of the International Centre for Settlement of Investment Disputes, the American Arbitration Association—International Centre for Dispute Resolution’s International Advisory Committee and Publications Committee; a former Vice President of the London Court of Arbitration’s North American Users’ Council, and a member of the Singapore International Arbitration Centre’s User’s Council, the International Arbitration Club of New York, the Arbitration Committee of the International Institute for Conflict Prevention and Resolution, the New York City Bar Association’s Committee on International Commercial Disputes, Club Español del Arbitraje, and the Panel of Recognized International Market Experts in Finance (P.R.I.M.E.) Arbitration Rules Drafting Committee, and a founding board member of the New York International Arbitration Center. Mr. Hanessian has written more than 50 articles and book chapters on international dispute topics and is editor of ICDR Awards and Commentaries Vol. I and II (JurisNet), co-editor of International Arbitration Checklists (JurisNet), Gulf War Claims Reporter (ILI/Kluwer), and former editor of Baker McKenzie’s International Litigation & Arbitration Newsletter, and Baker McKenzie’s International Arbitration Yearbook. Mr. Hanessian is annually recommended by international arbitration reference guides, including Chambers Global and USA Guides (described as “strong arbitrator”, “careful, measured and brings tremendous experience”, “really thoughtful, very detailed, decisive”, “well prepared and asks the right questions”, “a mastermind”, “exceptionally experienced”, “an elite lawyer”, “very experienced, hugely knowledgeable and effective”), Legal 500 (described as “a great practitioner” with a “strong commercial profile”), The International Who’s Who of Commercial Arbitration (“superb counsel and arbitrator”), and Expert Guide to Leading Practitioners in International Arbitration (ranked among “Best of the Best” in international commercial arbitration).
~ABOUT THE CONTRIBUTORS~
C. Mark Baker is a Senior Partner in the Houston office of Norton Rose Fulbright, where he practices in the areas of complex commercial arbitrations, business litigation, and alternative dispute resolution (ADR). He is Global Head of the firms International Arbitration Department and is a member of the Global Supervisory Board. Mr. Baker has extensive experience with the international and domestic arbitration and litigation of banking, financial and securities transactions, including derivatives. He has also represented numerous clients in matters regarding international and domestic construction contracts, power purchase and sale agreements, energy contracts, joint ventures, and project finance and development agreements. Mark has arbitrated before many of the world’s arbitral bodies and has been involved in numerous alternative dispute resolution procedures. He is frequently selected to serve as an arbitrator on international and domestic arbitration panels. He is a Director of the New York International Arbitration Center; former Co-Chair of the Executive Committee and a Member of Board of Directors of the American Arbitration Association; former Vice Chair of the IBA Dispute Resolution Section twice Chair of the CPR Council and member of the LCIA Company. He has advised the United States delegation to UNCITRAL on the United Nations’ revisions to both the Arbitration Rules and Model Arbitration Law (2006).
Chiann Bao is a Chartered Arbitrator and CEDR-Accredited Mediator based in Singapore. She has been appointed in almost 100 ad hoc and institutional arbitrations totaling several billion dollars in dispute. She is a Co-Chair of the IBA Arbitration Committee and an immediate past Vice President of the ICC Court of Arbitration. Chiann also served as a co-chair of the ICC Commission’s Task Force on ADR and Arbitration. From 2010 to 2018, she served as the Secretary General of the HKIAC and was subsequently appointed as a Council Member of the HKIAC. Tri-qualified in New York, England and Wales and Hong Kong, Chiann previously practiced in international law firms in New York and Hong Kong. Regularly ranked by Who’s Who Legal and Chambers & Partners Global, Chiann has been identified as a Who’s Who Legal Global Elite Thought Leader and one of the most “in demand” arbitrators globally. She is described as a “brilliant lawyer and arbitrator with vast experience working on complex commercial and investment disputes across Asia.” Peers further describe her as “meticulous, smart, well-prepared and efficient,” as well as “very knowledgeable, diligent and a real diplomat.” She is also regularly recognized by Chambers Asia Pacific as one of the most in demand arbitrators with a “deliberative skill, intellectual engagement, thoroughness and formidable presence,” In 2022, Chiann was awarded the Global Arbitration Review “best lecture” for her Proskauer Rose Lecture.
John Beechey is a past President of the International Court of Arbitration of the ICC (2009–2015). His term of office at the ICC is regarded as one which brought about significant reform to, and the reinvigoration of, the ICC Court. He had previously served on the Executive Committee of the Board of the AAA in New York and as a Vice-President and member of the Board of the LCIA. He is the current Chairman of the Board of the BVI International Arbitration Centre. In March 2022, John was elected to serve a second four-year term on the Governing Board of the International Council for Commercial Arbitration (ICCA). Before his retirement from private practice in the City of London, he was the founding partner and Head of the highly regarded International Arbitration Group of Clifford-Turner (subsequently, Clifford Chance LLP) (1983–2008). In June 2016, John was appointed CBE (Commander of the Order of the British Empire) in the Queen’s Birthday Honours List for services to international arbitration. He is listed in Band 1 of the Chambers Most in Demand Arbitrators in Global Market Leaders Rankings and is one of 11 arbitration practitioners worldwide to appear in Who’s Who Legal’s Thought Leaders Global Elite 2021.
Charles N. Brower has served in The Hague since 1983 as a Judge of the Iran-United States Claims Tribunal and 2014–2022 as a Judge ad hoc three times of the International Court of Justice, before which he earlier had argued cases, as well as once as a Judge ad hoc of the Inter-American Court of Human rights in San Jose, Costa Rica. In 1987 he served in the White House as sub-Cabinet-ranked Deputy Special Counsellor to the President of the United States. He is an Arbitrator Member of Twenty Essex Chambers (London) and a retired partner of White & Case LLP. He has been a member of the Panel of Arbitrators of the World Bank Group’s International Centre for Settlement of Investment Disputes (ICSID). He has spoken and published around the world on international law and international dispute resolution.
James H. Carter is an independent arbitrator based in New York. He is a graduate of Yale College and Yale Law School, practiced law at Sullivan & Cromwell LLP and WilmerHale LLP and has served as arbitrator or counsel in 200 international arbitration cases. Mr. Carter has also served as Chair of the Board of Directors of the American Arbitration Association, President of the American Society of International Law and Chair of the American Bar Association Section of International Law. He is a member of the Court of Arbitration for Sport, a former member of the London Court of International Arbitration and co-editor of the treatise International Commercial Arbitration in New York.
Bernardo M. Cremades holds a doctorate in Spanish and German law and is a member of the Paris and Madrid Bar Associations. He previously served as President of the Spanish Court of Arbitration and Chair of the Global Center for Dispute Resolution Research launched by the American Arbitration Association. He is a Professor of International Business Law and a member of the Institute of World Business Law of the ICC. He has acted as counsel, arbitrator or presiding arbitrator in over 500 arbitral proceedings worldwide.
Stephanie Cohen is a NYC-based international arbitrator of Canadian nationality. With more than a dozen years of practice exclusively as an arbitrator, Stephanie has a wide range of experience with complex commercial disputes across arbitration rules, national laws, and industry sectors, and is ranked as a leading arbitrator by Chambers Global and USA Guides in addition to being named a Who’s Who Thought Leader in Arbitration. She has also achieved global recognition for her thought leadership on cybersecurity and the integration of technology in the arbitration process, and is trusted by major arbitral institutions, including the ICC and the AAA, to conduct new arbitrator training. Among other leadership roles, Stephanie is a member of the ICC Court of Arbitration and Chair of the International Commercial Disputes Committee of the New York City Bar Association. She is also a Fellow of the College of Commercial Arbitrators and of the Chartered Institute of Arbitrators and is the former Chair of the Institute’s New York Branch.
Robert B. Davidson, formerly a Partner in the firm of Baker & McKenzie, retired in 2003 to become a full-time Arbitrator and Mediator and the Director of JAMS Arbitration Practice. He has acted as an arbitrator in over 200 arbitrations, both domestic and international, and mediated in excess of 150 disputes. He is a Fellow of the Chartered Institute of Arbitrators and a Member and former Board Member of the College of Commercial Arbitrators. Among other listings, he has been listed in the Chambers (U.S.A.) directories as one of the U.S.A.’s leading international arbitrators since 2010, and is listed in The International Who’s Who of Commercial Mediation since 2012. He has sat as sole arbitrator, chair of tripartite panels and as a party-appointed arbitrator in arbitrations administered by all of the major arbitral institutions, including JAMS, the AAA, the ICDR, the ICC, CPR, the LCIA, the Hong Kong International Arbitration Centre, CIETAC, the Netherlands Arbitration Institute, and in various ad hoc arbitrations. He specializes in commercial cases, including acquisition and merger post-closing disputes, intellectual property matters (patents and trademarks, alleged thefts of proprietary information, insurance and reinsurance disputes, pharmaceutical licensing disputes distributor terminations, sales of goods, and other commercial matters. He lectures frequently and has published widely on various legal, arbitration and mediation topics. More information can be accessed at www.jamsadr.com.
Rocío Digón is a legal consultant at White & Case. Based in Rome, Rocío has experience as counsel, arbitrator and tribunal secretary in ad hoc and institutional arbitrations, including under the AAA/ICDR, ICC, ICSID, LCIA, CAM Arbitration and UNCITRAL Rules, in disputes arising out of matters in the following sectors: energy (hydroelectric and oil and gas); telecommunications; distribution agreements; life sciences; textiles; hospitality; construction; banking/financial services; and public international law/investment treaty. Prior to joining White & Case, she was an Associate Research Scholar at Yale Law School and previously spent three years as the first Managing Director and Counsel of the ICC International Court of Arbitration, SICANA, Inc., where she was responsible for administering cases for the North America region and directing SICANA’s promotional activities. Ms. Digón writes and speaks frequently on topics in international and commercial arbitration. Additionally, Rocío co-founded the Rising Arbitrators Initiative and is Co-Chair of the Arbitral Appointments committee of Racial Equality for Arbitration Lawyers (REAL). Ms. Digón received her undergraduate degree from Amherst College, where she graduated summa cum laude and her J.D. from Yale Law School. She also has an LL.M. in public international law from Leiden University in the Netherlands, which she received while on a J. William Fulbright fellowship. She is admitted to practice in New York and Massachusetts.
Ugo Draetta is Professor of International Law at the Catholic University of Milan. He received his PhD in International Law (1968) and graduated from the Academy of American and International Law, at the International and Comparative Law Center, University of Texas at Dallas (1976). In 2005 he taught courses at The Hague Academy of International Law on Internet and Electronic Commerce in International Business Law. During his professional experience he has held the positions of General Counsel and Secretary of Fiat SpA, Turin (1978–1980) and Vice-President and Senior Counsel—International—of General Electric Co., USA, London (1987–1999). He is a member of the Board of Directors of major Italian companies. From 2000 he started his arbitration practice. He has been involved in about 60 arbitration proceedings (ICC, UNCITRAL, Milan, Vienna, Dubai and Madrid international arbitration chambers, ad hoc arbitrations) as President, sole arbitrator or co-arbitrator. His areas of expertise include international law; lex mercatoria; EU law; antitrust law; conflicts of laws and procedure; intellectual property law; construction contracts; agreements for the sale of goods; merger and acquisition agreements; shareholders’ and joint venture agreements; R&D agreements; distribution agreements; State contracts; investment projects. Ugo Draetta is member of the ICC Institute of World Business Law, the Club of Arbitrators of the Milan Arbitration Chamber, the Scientific Committee of the Italian Arbitration Association (AIA), is listed as Arbitrator with the Vienna International Arbitration Centre (VIAC) and the Dubai International Arbitration Centre (DIAC), he is honorary member and member of the General Council of AIGI (Italian Association of Company Counsels) and member of the ICC Working Group on In-House Counsel. He is co-founder and co-editor of the review “Diritto del Commercio Internazionale” as well as member of the Board of editors of the Revue de droit des affaires internationales/ International Business Law Journal, published by Sweet & Maxwell and Corporate Counsel Advisory Editor of the European International Arbitration Review, published by JurisNet. He is author of many publications in the fields of arbitration, international law, industrial law, international trade law, EU law, including Behind the Scenes in International Arbitration, JurisNet.
Fabricio Fortese (Dr.) is a Research Fellow at the Faculty of Law, University of Oxford. In recent years, he has held visiting scholar and research fellowships at Columbia Law and the National University of Singapore. Fabricio is a Fellow of the Chartered Institute of Arbitrators (FCIArb) and the Director of Mooting Activities at the Department of Law, Stockholm University. Additionally, he represents Stockholm University as a board member of the Association for the Organization of the Willem C. Vis International Commercial Arbitration Moot. He is also a former board member of the Nordic-Baltic Chapter of the Spanish Arbitration Club. As a practising lawyer and expert, he has experience in international arbitration, litigation, and other forms of ADR.
L. Yves Fortier, C.C., Q.C., is an Independent Arbitrator. He was Chair and Senior Partner of Ogilvy Renault (now Norton Rose Fulbright) from 1992 until 2008. He is a former President of the Canadian Bar Association (1982–83). From 1988 to 1992, he was Canada’s Ambassador and Permanent representative to the United Nations in New York. Since 1992, he has acted as arbitrator and mediator in many major international commercial, investment and sports disputes in different part of the world in ad hoc arbitrations and arbitrations under the hospices of the ICC, LCIA, AAA, ICSID, CAS and other arbitral institutions. He has served as Chair of two panels of the U.N. Compensation Commission in Geneva. He is a former member of the Claims Resolution Tribunal for Dormant Bank Accounts in Zurich. From 1998 to 2001, he was President of the London Court of International Arbitration. He is currently judge ad hoc of the International Court of Justice in the Hague. He is also a member of the international Council for Commercial Arbitration (ICCA). He has published numerous articles (French and English) on international arbitration.
Bernard Hanotiau is a Partner at Hanotiau and Van den Berg, Belgium and Council Member, ICC Institute of World Business Law. Since 1978, Bernard Hanotiau has been actively involved in international commercial arbitration as party-appointed arbitrator, chairman, sole arbitrator, counsel and expert in various parts of the world. Amongst the parties engaged in these arbitrations have been states (including on the basis of BIT’s) and state entities, high technology and telecommunications corporations, construction and real estate companies, oil, gas and mining companies, water and electricity suppliers, pharmaceutical companies, automobile manufacturers, distributors and manufacturers of various kinds of goods and equipments, manufacturers of military supplies, of satellites, airlines and railways, banks and investment companies, hotel management corporations. He is a member of ICCA (International Council for Commercial Arbitration), the ICC International Arbitration Commission and a Council Member of the ICC Institute of World Business Law. He is also Vice-President of the LCIA Court, of CEPANI (Belgian Arbitration Center) and of the Institute of Transnational Arbitration (Dallas). He is a member of the International Arbitration Club (London) and served as chairman of the Club of International Arbitrators (Milan). He has written a major treatise on complex arbitrations (Complex Arbitrations: Multiparty, Multicontract, Multi-issues and Class Actions Kluwer, 2006) and more than 120 articles, most of them relating to international commercial arbitration.
Hilary Heilbron QC is a barrister and King’s Counsel practicing from Brick Court Chambers, London. She now focuses on sitting as an International arbitrator. She has been appointed as an arbitrator in well over 125 arbitrations, many as Chair, with a range of different applicable laws, seats, institutional rules and subject matters, both ad hoc and under institutional rules. She brings to this role her prior extensive experience as counsel in commercial cases in which capacity she acted for a wide range of national and international clients, appearing as leading counsel in the Supreme Court, the House of Lords and the Privy Council. She has been a member of various recent international task forces on current topics in international arbitration and is a former member of the LCIA Court. She has spoken and written extensively on international arbitration and cross-border litigation and is the author of “A Practical Guide to International Arbitration in London” as well as the biography of her mother “Rose QC”: the Remarkable Story of Rose Heilbron: Trailblazer and Legal Icon”. https://www.brickcourt.co.uk/our-people/profile/hilary-heilbron-kc.
Richard D. Hill is an experienced senior executive and legal leader with a focus on the energy transition. He is General Counsel for Downstream and Renewables at Shell, overseeing a global organization of two hundred legal staff supporting Shell’s retail, lubricants, chemicals, low carbon and renewable energy businesses. He is a member of Shell’s Downstream and Renewables Leadership Team and Legal Leadership Team and a Director of Shell International Petroleum Limited. Richard was previously General Counsel for Global Litigation at Shell. Before joining Shell he was a Partner and Head of Asia Disputes in a major international law firm and was recognized as a leading practitioner by the main legal directories, having appeared as counsel and advocate or as arbitrator in over a hundred international disputes involving a wide range of commercial and state entities. He has written widely on dispute resolution. He is a Bencher of the Honourable Society of Gray’s Inn (of which he was a Prince of Wales scholar when studying for the Bar) and has served on the Boards of the London Court of International Arbitration, the International Institute for Conflict Prevention and Resolution (based in New York) and the U.S. Chamber of Commerce Institute for Legal Reform (based in Washington DC). Richard’s career has involved periods living and working in London, Paris, New York and Hong Kong. Beyond his leadership in energy, law and international dispute resolution, Richard has a background in classical music and is actively involved in promoting musical education.
Kaj Hobér is a Partner in Mannheimer Swartling, Stockholm. As of 1 May 2012 he is Professor of International Investment and Trade Law at Uppsala University. 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. 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). Between 1998–2003 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 sub-committee 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 (JurisNet, 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.
Stephen Jagusch is Global Chair of Quinn Emanuel’s International Arbitration Practice. He specializes in international commercial and investment treaty arbitration, having acted as adviser and advocate in dozens of ad hoc and institutional international arbitrations, conducted in many countries around the world, and subject to a wide variety of governing substantive and procedural laws. A great many of Mr. Jagusch’s cases have been for or against sovereign states or substantial multinational organizations, and he has been lead counsel in many of the world’s leading investment treaty cases. He is recognized as a leading expert in the field of international arbitration and disputes arising under contacts and bilateral or multilateral investment treaties, and is highly ranked by all international and domestic legal publications in international arbitration and public international law. Leading directories recognize Mr. Jagusch as a leader in his field and have recently described him as “one of the most impressive advocates around”, “a masterful cross-examiner”, a “tenacious fighter”, the “maestro of strategy”, “one of the gurus in the field”, “one of the pre-eminent ICSID arbitration experts in the world” and praise his “finely honed instincts for strategy in advocacy.” Mr. Jagusch routinely speaks at leading conferences and seminars, and is widely published, on the subject of international arbitration. He won the inaugural (and subsequent) Client Choice Award for Best Arbitration Lawyer in the UK. Chambers & Partners and Super Lawyers both rate Stephen as one of the leading lawyers in the UK across all fields of practice. Prior to joining Quinn Emanuel, Mr. Jagusch was Chair of the Global International Arbitration Practice of Allen & Overy LLP. Mr. Jagusch regularly sits as an arbitrator and has sat as Chair, Sole or Co-Arbitrator in dozens of cases around the world.
Professor Albert Jan van den Berg is a partner at Hanotiau & van den Berg (Brussels, Belgium). He is presiding, sole and party-appointed arbitrator in numerous international commercial and investment arbitrations. He also acts as counsel in international commercial arbitrations and in set aside proceedings. He is Honorary President of the International Council for Commercial Arbitration (ICCA), having served as President from 2014–2016. He is Distinguished Faculty Co-Chair of the International Arbitration LL.M. Program at the University of Miami School of Law and a Visiting Professor at Georgetown University Law Center, National University of Singapore Faculty of Law and Tsinghua University School of Law. Professor van den Berg is also a member of the faculty and the advisory board of the University of Geneva Master in International Dispute Settlement Program. He is Emeritus Professor (Arbitration Chair) at Erasmus University, Rotterdam. He is Honorary President of the Netherlands Arbitration Institute (NAI), having served as its President and Secretary General, and former Vice-President of the London Court of International Arbitration. Professor van den Berg has published extensively on international arbitration (see www.hvdb.com), in particular, the New York Convention of 1958 (see www.newyorkconvention.org). His awards include: Global Arbitration Review, Best Prepared and Most Responsive Arbitrator in 2013; The International Who’s Who Legal, Arbitration: Lawyer of the Year in 2006, 2011 and 2017.
Jeffrey C. Jeng is an Attorney practicing in the State of New York. His arbitration experience spreads across three continents, including internships with the Chinese Arbitration Association (Taipei, Republic of China) and the international arbitration department at Gleiss Lutz (Stuttgart).
Niccolò Landi is a Member of Arbitration Chambers. He has a well-established track record in international commercial arbitration, both ad hoc and under institutional rules, and in investor-state arbitration. He is appointed regularly as an arbitrator and as tribunal secretary. He has served as arbitrator and counsel in international arbitrations under the rules of the ICC, VIAC, CAM and UNCITRAL. He has also acted as administrative secretary to tribunals, both ad hoc and those constituted under institutional rules, among others, those of the ICC, LCIA, ICSID, PCA, SIAC and AFSA. He graduated in law from Siena University and holds a Master of Laws (LL.M.) from University College Dublin. He is a Member of the Milan Bar, Italy, admitted to practice before the Italian Supreme Court. He lectures on arbitration-related topics at the University of Roma Tre, at the University of Turin and at the International Training Centre of the International Labor Organization in Turin, Italy. He is listed as a “Global Leader” by Who’s Who Legal in the category Arbitration in 2023.
Rayhan Langdana is a Senior Associate at Quinn Emanuel Urquhart & Sullivan UK LLP. He holds a Bachelor of Laws (Honours) and a Bachelor of Arts from the University of Auckland, and a Master of Laws from the University of California, Berkeley. Prior to joining Quinn Emanuel, Rayhan practiced dispute resolution at one of New Zealand’s largest law firms and was a junior barrister at a leading set of Chambers.
Alexander G. Leventhal is a Partner in the International Arbitration Department of Quinn Emanuel Urquhart & Sullivan based in the firm’s Paris office. Qualified as a New York attorney-at-law, a French avocat, and an English solicitor, Alexander acts as counsel and accepts instructions as arbitrator. Alexander is the founder of the Rising Arbitrators Initiative, an organization aimed at empowering the next generation of arbitrators receiving their first appointments.
Laurent Lévy has extensive experience in international commercial disputes, mainly in the areas of oil, gas, air & space and finance industries and in disputes surrounding international investments. He has handled more than 250 arbitration proceedings, mostly as a president or arbitrator, under various rules such as the ICC, ICSID and LCIA Rules, in numerous jurisdictions worldwide. He is an honorary council member of the ICC Institute of World Business Law, a member of the Association Suisse de l’Arbitrage and a former member of the Milan Club of Arbitrators. He is a former President of the Court of Arbitration of the Casablanca International Mediation and Arbitration Centre (CIMAC), and is a former Vice-President of the ICC Court of International Arbitration and a former Vice-President of the London Court of International Arbitration (LCIA).
Alexis Mourre founding partner of Mourre Chessa Le Lay Arbitration – MCL Arbitration, has served as counsel, President of the Tribunal, Co-Arbitrator, Sole Arbitrator or Expert in more than 300 international arbitrations, both ad hoc and before most international arbitral institutions (ICC, ICSID, LCIA, ICDR, SIAC, SCC, DIAC, VIAC, etc.). He established his own arbitration practice in May 2015, after having founded Castaldi Mourre & Partners in 1996. Alexis has been a Court member of the ICC International Court of Arbitration for 12 years, first as Vice-President (2009–2015) and then as President (1 July 2015–30 June 2021). He was Vice President of the ICC Institute of World Business Law (2011–2015), co-chair of the IBA Arbitration Committee (2012–2013), LCIA Court member (2012–2015) and Council member of the Milan International Chamber of Arbitration (2006–2014). He is the author of numerous books and publications in the field of International Business Law, Private International Law and Arbitration Law. He is founder and former editor in chief of Les Cahiers de l’Arbitrage – The Paris Journal of International Arbitration, a leading publication in the field of international arbitration. Alexis is a member of a large number of scientific and professional institutions dedicated to Arbitration and Private International Law. He is the founder and former president of Paris Place d ‘Arbitrage/Paris the Home of International Arbitration. He is fluent in French, English, Italian and Spanish, and has a working knowledge of Portuguese.
Sophie Nappert is an Arbitrator in independent practice, based in London. She is dual-qualified as an Avocat of the Bar of Quebec, Canada and as a Solicitor of the Supreme Court of England and Wales. Before becoming a full-time arbitrator, she pursued a career as an advocate and was Head of International Arbitration at a global law firm. She is commended as “most highly regarded” and a “leading light” in her field by Who’s Who Legal. Sophie is highly sought-after in complex energy, investment and natural resources disputes. She is a pioneering practitioner at the intersection of arbitration and Legal Tech. In 2019, she completed the University of Oxford’s Saïd Business School Programme on Blockchain Strategy. In 2021, she co-founded ArbTech (https://www.arbtech.io/), a knowledge-sharing platform fostering cross-disciplinary dialogue on technology, dispute resolution and the future of justice. In its first year of existence, ArbTech was shortlisted at the 2022 GAR Awards. Sophie is trained and has practiced in both civil law and common law jurisdictions. She holds degrees in both common law and civil law from McGill University and a master’s degree in law from King’s College London. For over a decade she served as the peer-nominated Moderator of OGEMID, the online discussion forum on current issues of international investment law, economic law and arbitration. Since 2019, she co-chairs the ICC Task Force on Allegations of Corruption in International Arbitration, the largest ICC Task Force to date. Sophie is an award-winning lecturer and the first female recipient of the Global Arbitration Review Award for Best Speech in 2016 for her Inaugural EFILA Lecture on the future of ISDS. She delivered the 2018 Proskauer Lecture on International Arbitration, “Disruption Is the New Black”, which was also shortlisted for Best Speech at the 2019 GAR Awards. Sophie is the author of a Commentary on the 2010 UNCITRAL Arbitration Rules. She is a regular speaker at conferences and seminars on issues of international arbitration, international investment law and dispute resolution. She is a guest lecturer at Columbia Law School, Harvard Law School and McGill University Faculty of Law. She created the Nappert Prize in International Arbitration, open to young scholars and practitioners worldwide, administered under the auspices of McGill University.
Christopher Newmark is a full-time arbitrator and has extensive experience as a mediator. He is a Partner at Spenser Underhill Newmark LLP, a specialist commercial dispute resolution firm in London. Before forming the firm in February 2007, Chris was a Partner at the London office of Baker & McKenzie, where he was the chair of the firm’s European Dispute Resolution Group. Chris was the first emergency arbitrator to be appointed by the ICC under the Emergency Arbitrator Provisions introduced in the 2012 ICC Rules of Arbitration and was appointed in 2020 by the LCIA as emergency arbitrator in two related cases arising out of the COVID pandemic. Chris was jointly appointed by the parties as a sole arbitrator under the 2017 ICC expedited arbitration rules. Chris was appointed Vice-Chairman of the ICC Commission on Arbitration in January 2008 and co-chaired (with Yves Derains) the ICC Commission task force on reducing time and cost in complex commercial arbitrations. Chris sits on the board of directors of the International Institute for Conflict Prevention and Management (CPR) and is a Senior Visiting Lecturer at the School of International Arbitration, Centre for Commercial Law Studies, Queen Mary University of London. Chris also conceived and co-edited the leading mediation book “Butterworths Mediators on Mediation – Leading Mediator Perspectives on the Practice of Commercial Mediation” which won the 2006 CEDR Excellence in ADR Award for best publication. As legal adviser, Chris regularly represents clients in large international commercial disputes, usually arising out of cross-border contracts. Chris has acted for state owned companies, a central bank and many large multi-national corporations in international arbitrations under the rules of the major arbitral institutions.
Ksenia Panerai has extensive experience with commercial and investment disputes, in particular those relating to joint ventures, shareholder agreements, construction and oil and gas contracts. She participated in proceedings conducted both ad hoc and under the rules of leading arbitration institutions (including the rules of the SCC, ICC, LCIA, SIAC, HKIAC, ICSID and RAC). Before starting her individual practice, Ksenia worked for several years as associate at Lévy Kaufmann-Kohler in Geneva. Before that, she was legal counsel at the Russian Arbitration Center (RAC) in Moscow, where she was involved in commercial arbitration and served as tribunal secretary in various proceedings
William W. Park is Professor Emeritus of Law at Boston University, where he has taught in the areas of tax and finance. He is former General Editor of Arbitration International, and has served as arbitrator for the Holocaust Era Insurance Claims Commission and the Claims Resolution Tribunal for Dormant Swiss Accounts. Park is a member of the Governing Board of ICCA (International Council for Commercial Arbitration) and sits on the Board of the American Arbitration Association. He is a Fellow of the Chartered Institute of Arbitrators and the College of Commercial Arbitrators. In 2008 the United States appointed Park to the Panel of Arbitrators for the International Centre for Settlement of Investment Disputes. Park is s past President of the London Court of International Arbitration, and has held visiting university positions at Cambridge, Dijon, Geneva, Hong Kong and Auckland. His books include Arbitration of International Business Disputes, International Forum Selection, ICC Arbitration (with Craig and Paulsson), International Commercial Arbitration (with Reisman, Craig and Paulsson) and Income Tax Treaty Arbitration (with Tillinghast).
Jan Paulsson holds the Michael Klein Distinguished Scholar Chair at the University of Miami School of Law He is the former head of the arbitration practice group of Freshfields Bruckhaus Deringer. Mr. Paulsson has participated as counsel or arbitrator in over 700 arbitrations in Europe, Asia, the United States and Africa. He is President of the International Council for Commercial Arbitration (ICCA), immediate past President of the LCIA, a former Vice-President of the International Court of Arbitration of the International Chamber of Commerce, a member of the Permanent Court of Arbitration in The Hague, a board member of the American Arbitration Association, and a member of the Singapore International Arbitration Court. He is President of the Administrative Tribunal of the European Bank for Reconstruction and Development, a Judge of the IMF Administrative Tribunal, and past President of the World Bank Administrative Tribunal.
Patricia Peterson is qualified in four jurisdictions, with a common law and civil law background, Patricia specializes in international arbitration and alternative dispute resolution. During her career, Patricia has also worked on cross-border commercial litigation matters as well as disputes and regulatory investigations in the financial services sector. Having practiced for thirty years in the Paris office of Linklaters LLP, Patricia established her own arbitration practice in 2017, Peterson//ADR, focusing mainly on work as arbitrator. She has a broad range of experience, including acting as counsel, arbitrator (as chair, co-arbitrator or sole arbitrator) and emergency arbitrator in international arbitration matters under the rules of the major arbitral institutions and in ad hoc proceedings. She has advised frequently on matters involving mediation and other alternative dispute resolution methods. Patricia’s experience spans many industry sectors, including mining, natural resources, aeronautics, telecommunications, satellites, construction and engineering, distribution, joint venture projects and banking, in a variety of geographic regions. Patricia is a CEDR Accredited Mediator, a Chartered Arbitrator (C.Arb) and Fellow of the Chartered Institute of Arbitrators (FCIArb). She is a member of the Chartered Selection Group of the Chartered Institute of Arbitrators (responsible for the assessment of candidates for C.Arb status). As a member of the ICC Commission on Arbitration and ADR, Patricia has served on several ICC Task Forces, including those on ADR and Arbitration, Emergency Arbitrator Proceedings, Climate Change Related Disputes, Financial Institutions and International Arbitration, and Arbitration Involving States and State Entities. Patricia is a co-leader in the DIS Rules in Practice Group on Settlement. Patricia is also a member of the ICC Institute of World Business Law, ICC Canada, the LCIA European Users’ Council, the International Council for Commercial Arbitration and the Comité français de l’arbitrage, among other professional organizations in which she is active. Patricia is a Lecturer in the Master in Economic Law program at Sciences-Po Law School in Paris, where she teaches courses in English contract and tort law.
Michael Pryles is a well-known international Arbitrator. He is President, Court of Arbitration, Dubai International Arbitration Centre (DIAC) and Founder President, Court of Arbitration, Singapore International Arbitration Centre (SIAC). Dr. Pryles is a former President of the Australian Centre for International Commercial Arbitration, a former court member of the London Court of International Arbitration and former treasurer and governing board member of the International Council of Commercial Arbitration (ICCA). Dr. Pryles was the foundation president of the Asia Pacific Regional Arbitration Group, an association of some 27 arbitral centers and organizations. He was formerly a Commissioner of the United Nations Compensation Commission where he served for over eight years on two panels, chairing one of them. Michael has sat as an arbitrator in over 400 cases worldwide. He has experience of both ad hoc and institutional commercial arbitrations under the UNCITRAL, ICC, LCIA, SIAC, HKIAC, CIETAC, SCC, JCAA, AIAC and Swiss rules; investor-state arbitrations under the ICSID Rules, the ICSID Additional Facility Rules and the UNCITRAL Rules (BITs, NAFTA, CAFTA and state investor protection laws). Dr. Pryles is also a prolific writer and speaker on international arbitration. Further details can be found on his web site www.michaelpryles.com.
Hilmar Raeschke-Kessler is a member of the exclusive bar of the German Federal Court—Bundesgerichtshof. He has acted as chairman or arbitrator in numerous international arbitrations and has represented clients before the Bundesgerichtshof in cases, i.a., related to the enforcement or setting aside of arbitral awards. He is member of the ICC-Commission on International Arbitration and has been until the end of 2022 Vice President of the German branch of the International Law Association and Board Member of the German Arbitration Institution—DIS. He has been member of the IBA-Working Groups on the IBA-Rules of Evidence 1999, their revision of 2010 and on the IBA Guidelines on Conflicts in International Arbitration. He is honorary Professor at the Faculty of Law of the University of Cologne.
Klaus Reichert SC specializes in international arbitration with substantial experience in dealing with international disputes across a broad spectrum of complex subject matters, industries and governing laws (both common law and civil law) involving sovereigns and commercial parties from all over the world. He has particular experience as an arbitrator arising from cases administered by ICSID, ICC, LCIA, ICDR and the PCA. He has sat in arbitrations on three-member tribunals on multiple occasions in Paris, London, New York, Geneva, The Hague, Singapore and Washington DC. He has a significant focus on commercial cases located in the United States and is one of the few non-Americans admitted as a Fellow of the College of Commercial Arbitrators (USA). He is a member of the Court of Arbitration for Sport and was an arbitrator with the Basketball Arbitral Tribunal for many years. He is Vice-Chair of the Executive of the Institute of Transnational Arbitration (Dallas). He was called to the Inner Bar of Ireland (Senior Counsel) in 2010 having been involved as counsel in a large number of leading cases in the field of private international law before the Irish Courts. During the Academic Year 2023–24 he was the Scholar in Residence at New York University School of Law Center for Transnational Litigation, Arbitration, and Commercial Law. In 2020 he was designated by the Government of Ireland to the ICSID panel of conciliators.
Catherine A. Rogers is a scholar of international arbitration and professional ethics at Bocconi University, with an appointment as a Research Professor at University of California Law, San Francisco. Professor Rogers taught at many universities around the world, including as Professor of Ethics, Regulation, and the Rule of Law at Queen Mary, University of London, at Pennsylvania State University, and at the Masters International Dispute Settlement (MIDs) Program in Geneva. She has published dozens of books and articles on international arbitration and global legal ethics, and taught and lectured on these topics around the world. Among other professional appointments, Professor Rogers is a Reporter for the American Law Institute’s new Restatement of the U.S. Law (Third) of International Commercial Arbitration, one of the ICC Palestine’s delegated members of the Court of Arbitration for the new Jerusalem Arbitration Centre, a member of the Board of Directors of the International Judicial Academy, and Co-Chair, together with William W. Park, of the ICCA-Queen Mary Task Force on Third-Party Funding in International Arbitration.
Mauro Rubino-Sammartano is a Partner at LawFed - BRSA, which is the result of a merger between Rubino-Sammartano e Associati and Bianchi e Associati, both firms being in practice in the international field since the 1960s. He has been admitted to the Paris Bar and is an associate member, as Italian advocate, of Littleton Chambers in London. He is President of the European Court of Arbitration, President of the International School of Arbitration and Mediation of the Mediterranean and the Middle East, Chartered Arbitrator, and Advocate at the Courts of Appeal of Milan and Paris. His name appears in the list of several arbitral institutions and he has acted and regularly acts as chairman, party-appointed, sole arbitrator and counsel in a large number of arbitral proceedings.
Lawrence Schaner is an Independent Arbitrator, based in Chicago, with over three decades of experience in the resolution of complex, high value cross-border and domestic business disputes. He is ranked in Band 1 for international arbitrators by Chambers USA and among the world’s “Most in Demand Arbitrators” by Chambers Global. Before becoming a full-time arbitrator in 2017, he was a partner and co-head of the international arbitration practice of Jenner & Block. His experience as an arbitrator includes administered and ad hoc cases under many rules, including the AAA, CPR, ICC, ICDR, JAMS, KCAB, LCIA, SCC, SIAC and UNCITRAL. He is a Fellow and member of the board of directors of the College of Commercial Arbitrators, a Fellow of the Chartered Institute of Arbitrators, and has taught a seminar on international arbitration at Northwestern University Pritzker School of Law as an adjunct professor since 2010. He served for 20 years on the ICC Commission on Arbitration and is a member of ICC USA’s Nominations Commission. He is a vice-chair of the Dispute Resolution and Arbitration Committee of the Inter-Pacific Bar Association, a past councilor of the LCIA’s North American User’s Council and served for 6 years as an officer of the Arbitration Committee of the International Bar Association. He is a co-editor of International Arbitration in the United States (Kluwer Law International 2018) and served from 2013–18 as the editor of the International Bar Association’s journal, Dispute Resolution International. He was selected as an “ADR Champion” by the National Law Journal in 2016 and the “Chicago International Arbitration – Commercial Lawyer of the Year” in 2014 and 2023 by Best Lawyers in America. He was awarded the President’s Prize by the Chartered Institute of Arbitrators in 2003 for receiving the highest mark on its Award Writing Examination. He earned his J.D. from Stanford Law School in 1986 and B.A. from Duke University in 1982. He was a law clerk to the Hon. Cecil F. Poole, U.S. Court of Appeals for the Ninth Circuit (1986–1987). He is a member of the bars of the States of California, Illinois, and New York.
Jeremy K. Sharpe is an international arbitrator; Visiting Professor of Law at the National University of Singapore; Lecturer in Law and Senior Fellow at Columbia Law School; Board Member of the United Nations Register of Damage; and an editor of the ICSID Review – Foreign Investment Law Journal. He previously was a partner in Shearman & Sterling’s international arbitration and public international law practices in London and Paris; Chief of Investment Arbitration in the Office of the Legal Adviser at the U.S. Department of State; Legal Adviser to the U.S. Embassy in Baghdad; Attorney-Adviser in the State Department’s Office of African and Near Eastern Affairs and Office of International Claims and Investment Disputes; and an adjunct professor at Georgetown University Law Center.
Pierre Tercier is Emeritus Professor, University of Fribourg, Switzerland and Honorary Chairman of the International Court of Arbitration of the ICC. He is a Senior Counsel at Peter & Kim (Geneva and Seoul). He has also taught at the University of Geneva and the EPFL in Lausanne (Switzerland), in Paris I, Paris II, Paris IV (France), Georgetown (USA) and in Torino (Italy). He is the author of numerous books and articles on Contract Law, Torts, Construction Law, Antitrust Law, and Dispute resolution. He was a Member and Chairman of the Swiss Antitrust Commission (1977-1998) and was Chairman of the International Court of Arbitration of the ICC (2006–2008). Prof. Tercier has extensive experience in arbitration: serving as arbitrator in over 200 proceedings (ad hoc, ICC, ICSID, CCIG, UNCITRAL, LCIA, SCC, ZCC). He was a member of the ASA Board and is a member of the ICCA Advisory Board, after having been a member of the Council.
John M. Townsend is a litigation Partner in the Washington office of Hughes Hubbard & Reed LLP. His practice focuses on complex disputes, particularly international disputes, both in court and before arbitral tribunals. Mr. Townsend served as Chairman of the Board of Directors of the American Arbitration Association (AAA) from 2007 to 2010 and as Chairman of the Executive Committee of the AAA from 2004 to 2007. He served from 2005 to 2006 as the first chairman of the Mediation Committee of the International Bar Association (IBA) and as a member and a Vice President of the LCIA Court of Arbitration from 2014 to 2019. Mr. Townsend was appointed by President Bush to the Panel of Arbitrators of the International Centre for the Settlement of Investment Disputes (ICSID), on which he served from 2008 until 2016. He chaired the European Privilege Task Force of the U.S. Council for International Business. He served as lead counsel to Canada in Canada’s successful defense of two arbitrations brought by the United States against Canada under the Softwood Lumber Agreement and as lead counsel for the investors in six investment treaty arbitrations against the Russian Federation arising out of its actions in Crimea. Mr. Townsend is a Fellow of the College of Commercial Arbitrators. He is a member of the American Law Institute (ALI) and served as an Advisor to the ALI’s project to draft a Restatement of the American Law of International Commercial Arbitration. Mr. Townsend is a graduate of Yale College (1968) and Yale Law School (1971).
Alexander Uff studied history at Oxford and moved on to qualify at the English Bar, followed by an LLM at Columbia University and admission to the New York Bar. He has practiced in international arbitration with law firms in Paris, New York and latterly in London where he became a partner of an international law firm specializing in commercial and investment arbitration. Since 2020 he has practiced in Quadrant Chambers, London, leading commercial and shipping specialists. He has frequently delivered lectures and seminars on commercial arbitration topics, most recently in Hong Kong.
John Uff originally qualified in engineering and retains links with the Engineering Institutions including the Smeatonian Society of Civil Engineers. Since the 1970s he has practiced law as an Advocate and Arbitrator at Keating Chambers, London, operating in all fields of engineering and construction. In recent years his practice has been largely international, covering all parts of the world and all the International Institutions. He was the founding Director of the Centre of Construction Law at Kings College, London, where he held the Nash Chair of Engineering Law until 2002 and is now Emeritus Professor. His work has included chairing Public Inquiries in UK into water supply and railway safety; and most recently in Trinidad and Tobago into their public construction industry. He is the author of several books on construction and arbitration themes; he has served as a Vice-President of the LCIA, President of the Society of Construction Arbitrators and Master of the Worshipful Company of Arbitrators in the City of London.
Anna Yamaoka-Enkerlin is the COO and Co-Founder of Break & Make Robotics. Previously she was an International Arbitration Associate at White & Case, in New York. Anna graduated first class from law at Oxford University and has an LLM from NYU.
"This book is not about self-congratulatory war stories. The editors, Lawrence W. Newman and Richard Hill, are to be commended for producing an extremely valuable collection of personal insights from a diverse group of leading arbitrators[....]
The essays cover some of the most difficult and discreet problems in international arbitration. Some of the essays consist of broad overviews of a subject, some take a specific problem and examine it from several angles. What they have in common is insight that can only be distilled from experience and from the generous spirit of the authors sharing it. As the authors will frequently acknowledge in their essays, these problems do not always have one right or wrong answer; rather, they require a careful application of discretion and a deep understanding of a full spectrum of competing interests and diverse legal cultures[...]
The insider's knowledge shared by The Leading Arbitrator's Guide to International Arbitration is a generous effort towards helping to expand the group of 'usual suspects' and to impart expert insight to a future generation of arbitrators."
- Arbitration International
"What distinguishes The Leading Arbitrators' Guide from earlier writings is its practical - and practice-oriented - approach. Not since the 1996 UNCITRAL Notes on Organizing Arbitral Proceedings has so much expertise been garnered and made available to the international community in such a useful format. There are pointers on the selection of arbitrators and invaluable advice on acting as an arbitrator - whether as chair or party-appointee. Several authors provide first-hand insight into the chair’s general duties in organizing and managing the proceedings, while others focus on particular phases - hearing, deliberation, and drafting of the award. Nor have the contributors neglected many of the important procedural issues that frequently confront international arbitrators, such as discovery, interim measures, and confidentiality. The Leading Arbitrators’ Guide to International Arbitration reveals how the best-known arbitrators exercise that discretion, and illuminates many of the norms underlying this exercise. It is sure to become a well-thumbed handbook at law schools, law firms and arbitral institutions."
- Tjaco T. van den Hout, Former Secretary-General, Permanent Court of Arbitration, The Hague
"With such a range of topics and a constant dual approach - relevant laws and rules coupled with either practical illustrations and/or pragmatic guidelines - the book should prove invaluable to those serving as international arbitrators, and also, as pointed out by L.W. Newman in his introduction, to those acting as advocates seeking to persuade arbitrators - including the authors themselves."
- ASA Bulletin
"The Leading Arbitrators' Guide to International Arbitration, is a truly exciting set of essays by some of the world’s leading international arbitrators addressing the central questions confronting those involved in or studying the arbitration of international disputes. Whether as experienced or beginning counsel, arbitrator, arbitration institution, courts with arbitration cases, or student of the field, this single volume work of twenty-two essays is not to be missed. It covers in a most practical fashion with practical advice a large number of procedural problems, and certain important theoretical issues as well. This is a book not to be missed by participants in, and students of, the international arbitral process. The issues addressed in this volume are indeed the central issues of international arbitration, and they are addressed by outstanding arbitrators in the most thoughtful of ways. Their contributions to the literature of the field will be long-lasting."
- Arthur Rovine, Retired Partner, Baker & McKenzie; Past President of the American Society of International Law (ASIL) and Former Chairman of the International Law Section of the American Bar Association (ABA)
"The Leading Arbitrators' Guide to International Arbitration is a unique and invaluable resource. Substantively first rate, it covers the full gamut of international arbitration issues - from appointment of the panel through enforcement of the award, dissecting nettlesome issues of jurisdiction, discovery, interim measures and annulment. The volume simultaneously furnishes unique insight into the thinking of the leading international arbitrators who are the authors."
- Gregory P. Joseph is a Fellow of the American College of Trial Lawyers and former Chair of the Section of Litigation of the ABA. He formerly Chaired the Litigation Department at Fried, Frank, Harris, Shriver & Jacobson in New York.
"The editors, themselves leading arbitration practitioners, and the contributors have done an admirable job in maintaining consistency in approach and tone despite the diversity of authorship, background and subject matter. Throughout, the writers bring a wealth of experience and knowledge in identifying issues that can and have arisen in the real world. While there are not always easy solutions, readers will benefit from the cautionary remarks, advice and pointers derived from the writers’ many years of actual experience.
The contributors are too many to name. Suffice it to say that the book delivers on its promise, as a guide by leading arbitrators."
-Arbitration, (Journal of the Chartered Institute of Arbitrators, CIArb), Vol. 75, No. 2
“What a beautiful book. Just got my copy. Can't wait to read it, and what a great reference source. I'm sure I'll refer to it often.”
-Charles J. Moxley, Jr. Arbitrator, FCIArb; Fellow, CCA, Adjunct Professor, Fordham Law School, Distinguished ADR Practitioner in Residence, Benjamin N. Cardozo School of Law
PDF of Title Page & TOC
PREFACE TO THE FOURTH EDITION
PREFACE TO THE THIRD EDITION
PREFACE TO THE SECOND EDITION
PREFACE TO THE FIRST EDITION
ABOUT THE EDITORS
ABOUT THE CONTRIBUTORS
Perspectives on International Arbitration
Chapter 1 - INTERFERENCE BY NATIONAL COURTS
Jan Paulsson
Chapter 2 - SETTLEMENT FACILITATION AND THE USE OF ADR IN INTERNATIONAL ARBITRATION
Robert B. Davidson and Patricia Peterson
Chapter 3 - CONFIDENTIALITY
Michael Pryles
Chapter 4 - THE ETHICS OF INTERNATIONAL ARBITRATORS
Catherine A. Rogers and Jeffrey C. Jeng
Chapter 5 - THIRD PARTY FUNDING OF INTERNATIONAL ARBITRATIONS
Stephen Jagusch and Rayhan Langdana
Chapter 6 - REAL AND FEARED ARBITRATOR CONFLICTS OF INTEREST
Mauro Rubino-Sammartano
Chapter 7 - THE ROLE OF THE CHAIRMAN
James H. Carter
Chapter 8 - INTERNATIONAL ARBITRATION FROM THE PERSPECTIVE OF CORPORATE COUNSEL
Richard D. Hill
Chapter 9 - TECHNOLOGY AS PERFORMANCE ENHANCERS FOR ARBITRATORS: ILLUSION OR REALITY?
Chiann Bao
The Arbitral Proceeding
Chapter 10 - THE TRIBUNAL’S APPOINTMENT
Lawrence Schaner
Chapter 11 - EMERGENCY ARBITRATION
Grant Hanessian
Chapter 12 - EXPEDITED ARBITRATION
John M. Townsend
Chapter 13 - THE ORGANIZATIONAL MEETING
Klaus Reichert
Chapter 14 - ORGANIZING AN INTERNATIONAL ARBITRATION: PRACTICE POINTERS
Albert Jan van den Berg
Chapter 15 - PARTY-APPOINTED ARBITRATOR
John Beechey and Niccolò Landi
Chapter 16 - GHOSTED: AN ARBITATOR’S GUIDE TO DEALING WITH NON-PARTICIPATING PARTIES
Stephanie Cohen
Chapter 17 - CONTROLLING TIME AND COSTS IN ARBITRATION
Christopher Newmark
Chapter 18 - OBJECTIONS TO JURISDICTION
Alexander G. Leventhal
Chapter 19 - THE ROLE OF THE SECRETARY TO THE ARBITRAL TRIBUNAL
Pierre Tercier
Chapter 20 - DETERMINING THE EXTENT OF DISCOVERY AND DEALING WITH REQUESTS FOR DISCOVERY: PERSPECTIVES FROM THE COMMON LAW
Charles N. Brower and Jeremy K. Sharpe
Hearings and Witnesses
Chapter 21 - THE CONDUCT OF THE HEARINGS
Bernard Hanotiau
Chapter 22 - ADVOCACY IN INTERNATIONAL ARBITRATION
C. Mark Baker
Chapter 23 - CROSS-EXAMINATION IN INTERNATIONAL ARBITRATION—OPPORTUNITIES AND CHALLENGES
Lawrence W. Newman
Chapter 24 - WITNESS CONFERENCING
Hilmar Raeschke-Kessler
Chapter 25 - NON-SIGNATORIES AND INTERNATIONAL ARBITRATION
William W. Park
Chapter 26 - WITNESS STATEMENTS: USE AND ABUSE
Rocío Digón and Anna Yamaoka-Enkerlin
Arbitration, Awards and Post-Hearing Matters
Chapter 27 - IS THERE A LIFE AFTER THE AWARD?
Alexis Mourre
Chapter 28 - THE ARBITRAL AWARD
Bernardo M. Cremades
Chapter 29 - THE TRIBUNAL’S DELIBERATIONS
L. Yves Fortier
Chapter 30 - ASSESSING EXPERT EVIDENCE
Sophie Nappert and Fabricio Fortese
Chapter 31 - ACCESSING DAMAGES IN INTERNATIONAL ARBITRATION: PRACTICAL CONSIDERATIONS
Hilary Heilbron
Chapter 32 - THE DYNAMICS OF DELIBERATION MEETINGS AND DISSENTING OPINIONS
Ugo Draetta
Other Disputes
Chapter 33 - ARBITRATION INVOLVING STATES
Kaj Hobér
Chapter 34 - ARBITRATING INTERNATIONAL CONSTRUCTION DISPUTES
John Uff and Alexander Uff
Chapter 35 - THE USE OF ARTIFICIAL INTELLIGENCE: AN ARBITRATOR’S PERSPECTIVE
Laurent Levy and Ksenia Panerai