Leading Arbitrators' Guide to International Arbitration - Third Edition
The Leading Arbitrators' Guide to International Arbitration Third Edition offers 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.
The 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.
PDF of Title Page and T.O.C.
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
The History of International Commercial Arbitration--A Sketch
Baron (Michael) Mustill
Chapter 2
Interference by National Courts
Jan Paulsson
Chapter 3
ADR and Arbitration
Robert B. Davidson and David Plant
Chapter 4
Whose Arbitration Is It Anyway--The Parties' or the Arbitration Tribunals?
V.V. Veeder
Chapter 5
Confidentiality
Michael Pryles
Chapter 6
Responsibility of Arbitrators and Arbitral Institutions
Pierre Karrer
Chapter 7
The Ethics of International Arbitrators
Jeffrey C. Jeng and Catherine A. Rogers
Chapter 8
Third Party Funding of International Arbitrations
Stephen Jagusch
Chapter 9
Real and Feared Arbitrator Conflicts of Interest
Mauro Rubino-Samartano
Chapter 10
The Role of the Chairman
Paulo Patocchi and Robert Briner
Chapter 11
International Arbitration from the Perspective of Corporate Counsel
Richard D. Hill
Chapter 12
Perspectives of Future Development in International Arbitration
Karl-Heinz Böckstiegel
The Arbitral Proceeding
Chapter 13
The Tribunal's Appointment
Gerald Aksen
Chapter 14
Emergency Arbitrators
Grant Hanessian
Chapter 15
Interim Mesures
Alan Redfern
Chapter 16
The Organizational Meeting
Klaus Reichert
Chapter 17
Organizing an International Arbitration: Practice Pointers
Albert Jan van den Berg
Chapter 18
The Role of the Arbitrator in Determining the Applicable Law
Emmanuel Gaillard
Chapter 19
The Party-Appointed Arbitrator: Further Reflections
Andreas Lowenfeld
Chapter 20
The Duties of an Arbitrator
Martin Hunter and Allan Philip
Chapter 21
Controlling Time and Costs in Arbitration
Christopher Newmark
Chapter 22
Objections to Jurisdiction
Sigvard Jarvin and Alexander G. Leventhal
Chapter 23
The Proper Role of Tribunal Secretaries
Pierre Tercier
Chapter 25
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 26
The Conduct of the Hearings
Bernard Hanotiau
Chapter 27
Advocacy in International Arbitration
C. Mark Baker
Chapter 28
Cross-Examination in International Arbitration--Opportunities and Challenges
Lawrence W. Newman
Chapter 29
Witness Conferencing
Hilmar Raeschke-Kessler
Chapter 30
Non-Signatories and International Arbitration
William W. Park
Chapter 31
Witness Statements: Use and Abuse
Eric Schwartz and Rocío Digón
Arbitration, Awards and Post-Hearing Matters
Chapter 32
Is There a Life after the Award?
Alexis Mourre
Chapter 33
The Arbitral Award
Bernardo Cremades
Chapter 34
The Tribunal's Deliberations
L. Yves Fortier
Chapter 35
Assessing Expert Evidence
Sophie Nappert and Fabricio Fortese
Chapter 36
Accessing Damages in International Arbitration: Practical Consideration
Hilary Heilbron
Chapter 37
The Dynamics of Deliberation Meetings and the Dissenting Opinions
Ugo Draetta
Chapter 38
Annulment and Enforcement of International Arbitral Awards: A Practical Perspective
Hans Smit
Investment and Other Disputes
Chapter 39
Arbitration Involving States
Kaj Hobér
Chapter 40
Arbitrating Investment Disputes
Francisco Orrego Vicuña
Chapter 41
Arbitrating International Construction Disputes
John Uff
Chapter 42
International Arbitration in Oil, Gas and Energy
James Gaitis and Thomas W. Wälde
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.”
Richard D. Hill joined Shell in 2012 as Associate General Counsel, Global Litigation—International. He leads Shell’s litigation teams in Europe, Asia, Africa and Australia and is accountable to the General Counsel for the management of Shell’s litigation and arbitration for the world outside the Americas. Mr. Hill graduated from Cambridge University in 1993 and was admitted to the Bar of England & Wales in 1996 as the recipient of the Prince of Wales Award from Gray’s Inn. From 1998 to 2004 he practiced in the dispute resolution department at Baker & McKenzie in London and New York. From 2005 to 2012 he practiced in the arbitration group of Fulbright & Jaworski LLP (now Norton Rose Fulbright) in London and Hong Kong, where he was founder and partner in charge of the firm’s Asia disputes practice. While in private practice Mr. Hill was recommended by all of the significant legal directories. Chambers Global noted that “Richard Hill is praised by clients and peers as 'a highly competent and dedicated arbitration lawyer who can master the facts and arguments of a complicated case very quickly—and then go on to win it'“. Mr. Hill has substantial experience as counsel and arbitrator under all of the main rules and in all significant arbitral venues in Asia, Europe and North America. He also has extensive experience of litigation in a wide range of countries in Europe, Asia, Africa and North America. Mr. Hill is on the arbitrator panels of the Hong Kong International Arbitration Centre, the Australian Centre for International Commercial Arbitration and the Kuala Lumpur Regional Centre for Arbitration. He is a Fellow of the Hong Kong Institute of Arbitrators and the Australian Centre for International Commercial Arbitration. He is a Member of the Chartered Institute of Arbitrators, the ICC Commission on Arbitration, the European Executive Board of the International Institute for Conflict Prevention & Resolution (CPR), and the Committee of the International Arbitration Club.
Gerald Aksen is a full time Arbitrator and ADR neutral. He is a retired Partner of the law firm of Thelen Reid, where he was the firm specialist in arbitration and alternative dispute resolution. He is a former president of the College of Commercial Arbitrators and immediate past vice Chair of the ICC International Court of Arbitration. He has chaired and acted as sole or co-arbitrator in ad hoc proceedings and under the rules of numerous institutions in over 200 cases worldwide. Mr. Aksen has a broad background in the dispute resolution field, having been an arbitrator, advocate, academic (Adjunct Professor, New York University School of Law) and administrator (General Counsel, American Arbitration Association), and is a frequent speaker and lecturer on international arbitration.
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 Co-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 domestic and international arbitration panels. He is a Director of the New York International Arbitration Center; 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 He has advised the United States delegation to UNCITRAL on the United Nations’ revisions to both the Arbitration Rules and Model Arbitration Law (2006).
Giorgio Bernini formerly a Full Professor holding the Chairs of Commercial Law and of Arbitration Law at the University of Bologna, Member of the Italian Parliament, Minister of Foreign Trade, President of the Italian Railways System Company (R.F.I.) S.p.A., Giorgio Bernini is now a special counsel to Studio Bernini - Studio Professionale Associato a Baker & McKenzie in Bologna.
Karl-Heinz Böckstiegel is Professor Emeritus of International Business Law at the University of Cologne (Germany). Mr. Böckstiegel has practiced as an independent arbitrator for 30 years, counselling clients and acting as mediator, arbitrator and president of the arbitration tribunal in many international arbitrations of - among others - the ICC, ICSID, LCIA, CAFTA, NAFTA, ECT, DIS, SCC, the AAA and UNCITRAL, as well as between states. Mr. Böckstiegel was the chairman of the board of the German Institution of Arbitration (DIS) from 1996 to 2012, and is now the honorary chairman. Other notable past positions include: President of the International Law Association (ILA) (2004-2006); President of the German Association for International Law (1993-2006); President of the London Court of International Arbitration (LCIA) (1993-1997); President of the Iran-United States Claims Tribunal at The Hague (1984-1988). Mr. Böckstiegel is the author of 12 books and more than 350 articles, and has edited 33 books.
Robert Briner (dec'd 2009) was an Independent Arbitrator in Geneva, a former Chair of the International Court of Arbitration of the International Chamber of Commerce (ICC) in Paris and an Honorary Chairman. He was a former Partner and Of Counsel in the Swiss law firm of Lenz & Staehelin. He was a member of the International Council for Commercial Arbitration (ICCA), the International Council of Arbitration for Sport (ICAS), and a member of the Executive Board of the Committee of the Swiss Arbitration Association. He was also a former Panel Chairman the United Nations Compensation Commission as well as former President of the Iran—United States Claims Tribunal (The Hague). In addition, from 1992 to 1994 he was the Chair of the Section on Business Law of the International Bar Association (IBA) and is an Honorary Life Member. Mr. Briner was an Arbitrator on the ICSID List nominated by Switzerland. He was also the author of various arbitration publications.
Charles N. Brower has served since 1983 as a Judge of the Iran-United States Claims Tribunal in The Hague. He is a Member of 20 Essex Street Chambers (London) and a retired Partner of White & Case, LLP. He co-founded White & Case’s Washington, DC office, where his practice came to be comprised almost exclusively of international arbitrations. Judge Brower also serves as Judge Ad Hoc of the Inter-American Court of Human Rights, as a member of the Register of Experts of the United Nations Compensation Commission in Geneva (UNCC) and as a member of the Panels of Conciliators and Arbitrators of the International Centre for Settlement of Investment Disputes (ICSID). He has represented various governments in proceedings before the International Court of Justice and is a member of the panels of arbitrators of a number of arbitral institutions around the world. He has published and spoken around the world on international law and international dispute resolution.
Bernardo M. Cremades is 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 Vice President of the London Court of International Arbitration and is a Professor of International Business Law at Universidad de Madrid and also a member of the Institute of World Business Law of the ICC. He has acted as counsel, arbitrator or presiding arbitrator in more than 200 arbitral proceedings worldwide.
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 150 arbitrations, both domestic and international, and mediated in excess of 200 disputes. He is a Fellow of the Chartered Institute of Arbitrators. Among other listings, he is listed in the 2011, 2012 and 2013 Chambers (U.S.A.) directories as one of the U.S.A.’s leading international arbitrators (Tier 1), and is listed in The International Who’s Who of Commercial Mediation 2012 and 2013. 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), construction matters, insurance and reinsurance disputes, distributor terminations, sales of goods, and other commercial matters. He lectures frequently and has published widely on various legal, arbitration and mediation topics.
Rocío Digón is Counsel of the International Court of Arbitration® / SICANA, Inc. and is responsible for the administration of cases for the North America region. She is a former associate in the international arbitration practice of King & Spalding LLP’s New York office and has experience in proceedings under the rules of the ICC, UNCITRAL, ICSID, and LCIA. In addition, Ms. Digón has published several articles on topics related to international arbitration. 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 JURIS. 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, JURIS.
Fabricio Fortese is a Visiting Lecturer in international arbitration law at Stockholm University. He is a qualified Lawyer from Argentina with practicing experience in international dispute resolution. He has authored various publications and is a regular contributor to Investment Arbitration Reporter. He holds Masters of Law from Queen Mary, University of London and Stockholm University.
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.
Emmanuel Gaillard is Head of Shearman & Sterling’s international arbitration practice. He has represented major corporations, States and State-owned entities in over 250 international arbitration cases. He has acted as sole arbitrator, party-appointed arbitrator or Chairman in more than 50 international arbitrations. He is also frequently called upon to appear as expert witness on arbitration law issues in international arbitration proceedings or enforcement actions before domestic courts. Professor Gaillard has written extensively on all aspects of arbitration law, in French and in English. He is a co-author and co-editor of Fouchard Gaillard Goldman on International Commercial Arbitration (Kluwer, 1999), the leading and most comprehensive publication in this field. He teaches International Arbitration and Private International Law at the University of Paris XII. He lectured at The Hague Academy of International Law in the Summer 2007 on the Theory of International Arbitration. Professor Gaillard is recognized as one of the few worldwide experts on ICSID (International Centre for Settlement of Investment Disputes) and international investment arbitration. He has published since 1985 a yearly feature in the leading French international law journal, Journal du Droit International, commenting on ICSID decisions and awards. In 2004, he published a seminal volume on ICSID arbitration case law entitled La Jurisprudence du CIRDI (Pedone, 2004). Professor Gaillard is a member, appointed by France, of the ICSID Panel of Arbitrators and Conciliators. He advises the French Government on investment treaty issues. He also appears as an expert on OECD investment panels, and participates as an observer in the works of UNCITRAL (United Nations Commission on International Trade Law) on the drafting of the new UNCITRAL Arbitration Rules. He is the Chairman of the Institute for International Arbitration (IAI), which launched in September 2004 a series of publications on international arbitration, the IAI Series on International Arbitration (JURIS).
James M. Gaitis is a long-standing member of the Texas State Bar and an independent Arbitrator specializing in oil & gas and energy arbitrations. He is the former Director of the International Dispute Resolution Programme at the Centre for Energy, Petroleum & Mineral Law & Policy (CEPMLP), University of Dundee and the Editor in Chief of the second and third editions of The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration (2d ed. 2010, 3rd ed. 2013 JURIS). A Fellow and Director of the College of Commercial Arbitrators and a Fellow and Chartered Arbitrator of the Chartered Institute of Arbitrators, he also is the Editor of The Leading Practitioners’ Guide to International Oil & Gas Industry Arbitration (forthcoming 2015 JURIS).
Grant Hanessian is Co-Chair of Baker & McKenzie’s International Arbitration Practice Group. He served as Chair of the Litigation Department of the Firm’s New York office from 2003-2012. He has more than 25 years of experience as arbitrator and counsel in disputes concerning investment treaty, contract, energy, construction, commodities, financial services, insurance, intellectual property and other matters. Mr. Hanessian is Vice Chairman of the Arbitration & ADR Committee of the United States Council for International Business (USCIB), the U.S. national committee of the International Chamber of Commerce (ICC), a member the ICC Commission on Arbitration, ICC Task Force on International Arbitration with States and State Entities, AAA-ICDR International Advisory Committee and its Subcommittee on Revision of the ICDR Rules and the ICDR Advisory Committee on Brazil, New York State Bar Association Task Force on International Arbitration, International Arbitration Club of New York, Arbitration Committee of the International Institute for Conflict Prevention and Resolution, New York City Bar Association's International Law Committee and Club Español del Arbitraje, and a founding board member of the New York International Arbitration Center. Mr. Hanessian writes and speaks frequently on international arbitration topics. He is editor of ICDR Awards and Commentaries (JURIS. 2012) and co-editor of Comparison of International Arbitration Rules (American Bar Association Section of International Law, forthcoming 2014), International Arbitration Checklists (Juris Pub., 2nd ed., 2008), Gulf War Claims Reporter (ILI/Kluwer, 1998) and Baker & McKenzie's International Litigation & Arbitration Newsletter. Mr. Hanessian is recommended by Chambers Global and USA Guides (described as “very experienced, hugely knowledgeable and effective”), Legal 500 (described as ‘a great practitioner’ with a ‘strong commercial profile’), PLC Which Lawyer, The International Who’s Who of Commercial Arbitration and Expert Guide to Leading Practitioners in International Arbitration.
Bernard Hanotiau is a Partner at Hanotiau 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 practicing as an advocate in both international arbitration and commercial litigation from Brick Court Chambers, London. She became a QC in 1987. She also sits regularly as an Arbitrator. She is a Deputy High Court Judge and is an accredited mediator. She is also a member of the Bar of New South Wales. She is a former Chairman of the City Disputes Panel, former Vice-Chair of the International Litigation Committee of the IBA and a current Vice-Chair of the Litigation Committee of the International Law Section of the ABA. She was previously Chairman of the London Common Law and Commercial Bar Association and of the International Practice Committee of the Bar Council.
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). Between1998 - 2003 he was Commissioner at the United Nations Compensation Commission in Geneva. His arbitration experience includes representation of both East and West European, American, Russian and Chinese government bodies and corporations, as well as parties from developing countries in international arbitrations. Prof. Hobér has acted as counsel and arbitrator (including chairmanships) in more than 400 international arbitrations. He is past chair of the IBA 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 (JURIS, 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.
Martin Hunter was a Partner of the international law firm Freshfields from 1967 to 1994, latterly leading the firm’s International Arbitration Group. After retiring from the firm he re-qualified as a barrister and joined Essex Court Chambers, where he continues to practice in the field of international arbitration, both as counsel and as an international arbitrator. In 1995 he was appointed to a newly-established chair of international dispute resolution at Nottingham Trent University, and is a visiting professor at Central European University (Budapest), King’s College (London), KIIT Law School (India) and University of Miami Law School. He is a former chairman of the Board of Trustees of DIAC; was Deputy-Chairman of the committee that advised the UK Government on the 1996 Arbitration Act; is a member of ICCA; and has served on the Arbitration Courts of the ICC and LCIA. He is a co-author of Redfern & Hunter on International Arbitration, and has also been published extensively in specialist international arbitration journals and elsewhere over the last twenty-five years.
Stephen Jagusch is Global Chair of Quinn Emanuel's International Arbitration Practice. He specialises 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 recognised 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 recognise 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 ISCID 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.
Sigvard Jarvin is a private practitioner in international commercial arbitration and member of the Paris bar. He was General Counsel of the ICC International Court of Arbitration (1982-1987) and member of that Court until 1995, and during the last eleven years member of the Jones Day Paris arbitration group. He acts both as arbitrator and counsel and has been involved in more than 230 international arbitrations under the rules of the ICC and the world’s major arbitral institutions, mostly in disputes relating to energy, construction, the supply of industrial plants, telecommunications, sale of armaments and licensing. He is a member of the ICC Commission for International Arbitration, was rapporteur at the 1990 and 1998 ICCA Congresses and was chairman of the foreign section of the Swedish Bar 1999-2000. He is the author of numerous publications, a commentator on ICC awards in the Journal du Droit International, Paris, speaks English, French, German and Swedish and was editor-in-chief of the Stockholm International Arbitration Review.
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).
Pierre A. Karrer practices as a full-time Arbitrator from his “boutique” premises in Zurich. He has been chairman and arbitrator in over 250 international commercial arbitrations all over the world. He is Honorary President of the Swiss Arbitration Association, Court Member of ICC, Vice President of the Stockholm Institute, former Vice President of the LCIA, FCIArb, and listed arbitrator almost everywhere. After studies in Zurich, Göttingen, Padova, and The Hague, he obtained a Dr. iur from the University of Zurich, and an LL.M. from Yale. He speaks fluent English, French, German, Italian and Dutch, and some Spanish.
Alexander G. Leventhal practices in the International Arbitration Department of Jones Day’s Paris office. As a member of both the Paris and New York bars, he has written and spoken on issues of law in both civil and common law jurisdictions. Fluent in Arabic, Mr. Leventhal has extensive experience in the Middle East and has published articles on the arbitration laws of Middle Eastern countries and has written and spoken on Islamic finance. He also has experience with arbitration in Latin America and has written on arbitration issues affecting the lusophone world. Alexander is a member of the young international arbitration groups of the ICC, ICDR, LCIA, and ASA.
Andreas F. Lowenfeld is Herbert and Rose Rubin Professor of International Law at New York University School of Law. He serves frequently as arbitrator in international cases, and has written widely on various aspects of international trade, investment, finance, and dispute settlement. Professor Lowenfeld is an elected member of the Institut de Droit International and of the International Academy of Comparative Law, and has twice been a Lecturer at The Hague Academy of International Law. Professor Lowenfeld served as Associate Reporter for the American Law Institute’s Restatement (Third) of the Foreign Relations Law of the United States, with principal responsibility for the sections on jurisdiction, judgments, and dispute settlement, and was also Co-Reporter of the ALI’s International Jurisdiction and Judgments Project.
Alexis Mourre practices law at Castaldi Mourre & Partners, a law firm he co-founded in 1996. He specializes in International Arbitration and International Litigation. He has served as counsel to party, co-arbitrator, sole arbitrator, or expert in more than 180 international arbitral procedures, both ad hoc and before the most prominent arbitral institutions. He is also the author of numerous books and publications in the field of International Business Law, Private International Law, and Arbitration Law. He is founder and past editor in chief of Les Cahiers de l’Arbitrage, a leading French publication in the field of Arbitration. Since 2009 Mr. Mourre is Vice President of the ICC International Court of Arbitration, past Co-Chair of the IBA arbitration committee (2012-2013), a member Counsel of the International Business Law Institute of the ICC as well as of a large number of scientific and professional institutions dedicated to Arbitration and Private International Law. He is professor honoris causae of the University San Ignacio of Lima (Peru) and Lecturer at the Universities of Versailles and Sceaux. He acts as a speaker in numerous conferences and seminars on international commercial arbitration, including numerous ICC PIDA and IAP seminars, both as Chairman of the seminar or speaker. He is fluent in French, English, Italian and Spanish, and has a working knowledge of Portuguese.
Baron (Michael) Mustill was formerly President of the Chartered Institute of Arbitrators and is currently a Vice President of the Court of Arbitration of the ICC. Michael Mustill became successively a Judge of the High Court, the Court of Appeal and the Appellate Committee of the House of Lords, retiring from full-time judicial sittings in 1991. While a High Court Judge he acted as Judge of the Commercial Court, to which arbitration questions are referred. Since then he has sat as arbitrator in numerous cases in England and abroad. He is the author of more than 30 contributions to legal journals on various subjects. He had also delivered addresses and taken part in arbitration colloquia in some twenty countries.
Sophie Nappert is a dual-qualified Lawyer in Canada and in the UK. She is an arbitrator in independent practice, based in Gray’s Inn, London, specializing in international disputes, notably in energy, infrastructure, natural resources and cross-border investment. Before becoming a full-time arbitrator, she was Head of International Arbitration at a global law firm. Sophie is trained and has practiced in both civil law and common law jurisdictions. She is the peer-nominated Moderator of OGEMID, the online discussion forum on current issues of international investment law, economic law and arbitration. She is ranked in Global Arbitration Review's Top 30 List of Female Arbitrators Worldwide and is listed in the International Who's Who of Commercial Arbitration. Sophie is the author of a Commentary on the 2010 UNCITRAL Arbitration Rules: A Practitioner’s Guide (JURIS, 2012). 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.
Christopher Newmark 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 has received LCIA, ICC and CEDR appointments as arbitrator. Chris was appointed Vice-Chairman of the ICC Commission on Arbitration in January 2008 and co-chaired (with Yves Derains) the recent 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 is also an experienced commercial mediator and a member of CEDR’s mediator training faculty. He 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.
William W. Park is Professor of Law at Boston University, where he teaches in the areas of tax and finance. He is 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. Since 2010 he has served as President of the London Court of International Arbitration. Park 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).
Paulo Michele Patocchi is a Partner of Patocchi & Marzolini, the new law firm established with Paolo Marzolini on 1 January 2014. Prior to this date, Michele has led the arbitration practice group of a leading Swiss law firm Lenz & Staehelin (1997-2013). He has also worked for a major US law firm in London (1989-1991) and a leading Swiss law firm in Zurich (1992-1994). He acts as counsel representing clients and he is sitting as an arbitrator in Switzerland and a number of European jurisdictions under various sets of arbitration rules. Mr. Patocchi is able to conduct proceedings in English, French, German, Italian or Spanish. Mr. Patocchi has been involved in more than 185 arbitrations to date (chiefly relating to joint ventures and R&D agreements, construction (power stations, roads, etc.), turnkey contracts, licensing, privatisations and state contracts, price reviews in gas supply agreements, banking and finance disputes, sports and sponsoring disputes). He is a member of the Arbitration Court of the Swiss Chambers' Arbitration Institution and has been a member of the arbitration committees of the Chamber of Arbitration of Milan (2005-2011), Geneva (1999-2002) and Lugano (1997-2007). He was the first President of the national arbitration committee of the Swiss Chambers of Commerce (2004-2006). Mr. Patocchi is a member of the executive board of ASA, the Swiss Arbitration Association. He has published extensively on international arbitration and litigation and is currently the general co-editor of The Swiss International Arbitration Law Reports (JURIS) and The Swiss International Sports Arbitration Reports (JURIS), both of which have been published since 2007.
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.
Allan Philip (dec'd 2009) was Professor at the University of Copenhagen and Dean of the law school. He was a member of the Institut de Droit International and of the Curatorium of the Hague Academy of International Law; Chair of the Panel on Oil Sector Claims in the United Nations’ Compensation Commission for the Gulf War; the delegate of Denmark to a number of diplomatic conferences on private international and maritime law; and a member of the Chartered Institute of Arbitrators.
David Plant (dec'd. 2012) practiced law in New York City with Fish & Neave from 1957 through 1998. After retiring from Fish & Neave, he practiced exclusively as an ADR neutral and a teacher. For more than 20 years, he served as a mediator in U.S. and international disputes, arbitrator in ICC, Stockholm, UNCITRAL, AAA, CPR, WIPO, court-annexed and ad hoc arbitrations, and Special Master in US District Courts—in more than 300 matters. He has written and spoken around the world on ADR matters. Mr. Plant was a Fellow of the Chartered Institute of Arbitrators, College of Commercial Arbitrators, International Academy of Mediators, and American College of Civil Trial Mediators. He was an accredited CEDR mediator. In 2006, Mr. Plant received the American Bar Association Dispute Resolution’s “Lawyer as Problem Solver Award.”
Michael Pryles is a well-known international Arbitrator. He is President, Court of Arbitration, Singapore International Arbitration Centre (SIAC) former President of the Australian Centre for International Commercial Arbitration, a former court member of the London Court of International Arbitration and is Co-Chair of the ICC Asia Arbitration Commission. Mr. Pryles was the foundation president of the Asia Pacific Regional Arbitration Group, an association of some 27 arbitral centres and organisations. 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, KLRCA 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). Mr. 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. He also represents 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, 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.
Alan Redfern established the litigation department at Freshfields. In 1995, he left Freshfields to become a Barrister and Arbitrator and joined the Chambers of Lord Grabiner QC at One Essex Court, Temple, London. Since then, Alan Redfern has acted as party-nominated arbitrator or Chairman of the Tribunal in many major international commercial disputes in different parts of the world. Alan Redfern is co-author of Redfern & Hunter, “Law and Practice of International Commercial Arbitration”, which is now in its fourth edition. He is a non-executive Director of the London Court of International Arbitration, a vice-Chairman of the International Court of Arbitration of the ICC in Paris and on the international arbitrators’ list of the ICDR and other arbitral institutions world-wide.
Klaus Reichert SC specialises in international arbitration and has undertaken, both as lead Counsel and as Arbitrator (frequently as chair), in excess of 120 such cases right across a broad spectrum of complex subject matters, industries and governing laws involving parties from all over the World (ICSID, ICC, LCIA, ICDR, CAS, DIAC, DIFC-LCIA, and UNCITRAL; in Paris, Helsinki, New York, London, Munich, Seoul, Geneva, Dublin, Dubai, Stockholm, Zürich and elsewhere). He is a member of the International Basketball Federation (BAT) panel of arbitrators, a member of the Court of Arbitration for Sport, the WIPO Panel, the ICDR Panel and the DIAC Panel. He was counsel for Dallah in the landmark case in the English Courts on the New York Convention against the Government of Pakistan. In 2012 he was honoured by his election to the Governing Board of the International Counsel for Commercial Arbitration (ICCA). He is a Silk (Senior Counsel) at the Bar of Ireland and was involved as counsel in a large number of leading cases in the field of private international law.
Catherine A. Rogers is a Professor of Law at Penn State Law, and the Professor of Regulation, Ethics and the Rule of Law at Queen Mary, University of London, where she co-directs an institute on regulation and ethics. 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.
Eric A. Schwartz is a Partner in the New York and Paris offices of King & Spalding, where he specializes in international arbitration. He is a former Secretary General and current Vice-President of the ICC International Court of Arbitration. Over the last 30 years, he has acted as counsel on behalf of some of the world’s largest companies, public authorities and sovereign states in international arbitration proceedings in all of the principal European arbitration venues, as well as in Africa, Asia and the US. In addition to his work as counsel, Mr. Schwartz regularly sits as an arbitrator. He has appeared as chair, sole arbitrator or co-arbitrator in proceedings under the rules of the AAA, CIETAC, ICC, ICSID, LCIA, SCC and UNICTRAL in arbitrations throughout the world. He is also the author of dozens of articles on international arbitration practice as well as the co-author (with Yves Derains) of A Guide to the ICC Rules of Arbitration (Kluwer, 2nd ed. 2005).
Jeremy K. Sharpe serves as Attorney-Adviser, Office of the Legal Adviser, United States Department of State, Washington D.C.
Hans Smit (dec'd 2012) was the Stanley H. Fuld Professor of Law and Director of the Center for International Arbitration and Litigation Law at Columbia University, where has been a member of the faculty since 1960. He was Director of Projects on International Procedure and European Legal Institutions before becoming Director of the Parker School of Foreign and Comparative Law. Professor Smit had extensive experience as an expert and arbitrator in international litigation and arbitration and was the author of numerous publications on international commercial arbitration and was Editor–in–Chief of The American Review of International Arbitration.
Pierre Tercier is Emeritus Professor, University of Fribourg, Switzerland and Honorary Chairman of the International Court of Arbitration of the ICC. He also has taught at the University of Geneva and the EPFL in Lausanne (Switzerland), in Paris I, Paris II, Paris IV (France) 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). Mr. Tercier has extensive experience in arbitration: serving as arbitrator in over 100 proceedings (ad hoc, ICC, ICSID, CCIG, UNCITRAL, LCIA, SCC, ZCC) and is a member of the ASA Board and a Council member of the ICCA.
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.
Albert Jan van den Berg is Vice-Chair and past Secretary-General of the Netherlands Arbitration Institute (NAI) and is Professor of Law (NAI Chair) at the Erasmus University in Rotterdam, where he teaches international arbitration. He is a former Vice-President of the London Court of International Arbitration (LCIA). He is member of: the International Council for Commercial Arbitration (ICCA); Commission on International Arbitration of the International Chamber of Commerce (ICC), Paris; Court of Appointment of the Hong Kong International Arbitration Centre; and the International Advisory Board of the Stockholm Chamber of Commerce (SCC). Mr. van den Berg frequently acts as presiding arbitrator, party-appointed arbitrator or counsel in administered and ad hoc arbitrations in many countries around the world.
V. V. Veeder is a member of Essex Court Chambers, acting as Arbitrator and Advocate in arbitration proceedings principally in Paris, Stockholm, Singapore, New York and Switzerland. Mr. Veeder is a Member of ICCA, Council Member of the ICC Institute of World Business Law; Council Member of the SCC Arbitration Institute’ President of ARIAS-AIDA (UK) and Vice-President of the LCIA. Between 1990 and 1996 he was a Member of the United Kingdom’s Department of Trade and Industry Advisory Committee on the Law of Arbitration, responsible for the English Arbitration Act 1996.
Francisco Orrego Vicuña is Professor of Law at the Law School and the Institute of International Studies of the University of Chile. Has presided over numerous international arbitration tribunals in investment and commercial matters and has also served as party-appointed arbitrator. An arbitrator included in the ICSID Chairman’s list, has also been appointed to tribunals by the ICC Court of International Arbitration and the London Court of International Arbitration. He has also participated in arbitrations under UNCITRAL Rules and the American Arbitration Association. Professor Orrego Vicuña is a member of a panel of the World Trade Organization concerning the claim of the European Community against the United States on subsidies to large civil aircraft, and presides over a NAFTA Tribunal. He is also a judge and former President of the World Bank Administrative Tribunal and is a judge ad-hoc at the International Tribunal for the Law of the Sea. A well known writer on international law and international arbitration, Professor Orrego Vicuña participates in a number of academic institutions. He was a Vice President of the London Court of International Arbitration and is a member of the International Council of Commercial Arbitrators.
Thomas W. Wälde (dec'd 2008) was Professor & Jean-Monnet Chair at CEPMLP/Dundee, and an expert, arbitrator, counsel and mediator in international energy and investment disputes. He was a special member of AIPN, a member of several international arbitral institutions, a Rechtsanwalt (Frankfurt) & barrister, Essex Court Chambers, London. He was adviser to the international institutions in the oil and gas field (OPEC, IEA, UN, APEC, EU, World Bank), editor of major journals and internet intelligence services (OGEL, TDM) and moderator of the ENATRES & OGEMID internet discussion communities. He was a fellow of major academic and professional institutions in the field of international investment law (Columbia, BIICL et al.) and energy (World Energy Council). He was General Editor, Oxford University Press/AIPN Journal on World Energy Law & Business.
"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
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.”
Richard D. Hill joined Shell in 2012 as Associate General Counsel, Global Litigation—International. He leads Shell’s litigation teams in Europe, Asia, Africa and Australia and is accountable to the General Counsel for the management of Shell’s litigation and arbitration for the world outside the Americas. Mr. Hill graduated from Cambridge University in 1993 and was admitted to the Bar of England & Wales in 1996 as the recipient of the Prince of Wales Award from Gray’s Inn. From 1998 to 2004 he practiced in the dispute resolution department at Baker & McKenzie in London and New York. From 2005 to 2012 he practiced in the arbitration group of Fulbright & Jaworski LLP (now Norton Rose Fulbright) in London and Hong Kong, where he was founder and partner in charge of the firm’s Asia disputes practice. While in private practice Mr. Hill was recommended by all of the significant legal directories. Chambers Global noted that “Richard Hill is praised by clients and peers as 'a highly competent and dedicated arbitration lawyer who can master the facts and arguments of a complicated case very quickly—and then go on to win it'“. Mr. Hill has substantial experience as counsel and arbitrator under all of the main rules and in all significant arbitral venues in Asia, Europe and North America. He also has extensive experience of litigation in a wide range of countries in Europe, Asia, Africa and North America. Mr. Hill is on the arbitrator panels of the Hong Kong International Arbitration Centre, the Australian Centre for International Commercial Arbitration and the Kuala Lumpur Regional Centre for Arbitration. He is a Fellow of the Hong Kong Institute of Arbitrators and the Australian Centre for International Commercial Arbitration. He is a Member of the Chartered Institute of Arbitrators, the ICC Commission on Arbitration, the European Executive Board of the International Institute for Conflict Prevention & Resolution (CPR), and the Committee of the International Arbitration Club.
Gerald Aksen is a full time Arbitrator and ADR neutral. He is a retired Partner of the law firm of Thelen Reid, where he was the firm specialist in arbitration and alternative dispute resolution. He is a former president of the College of Commercial Arbitrators and immediate past vice Chair of the ICC International Court of Arbitration. He has chaired and acted as sole or co-arbitrator in ad hoc proceedings and under the rules of numerous institutions in over 200 cases worldwide. Mr. Aksen has a broad background in the dispute resolution field, having been an arbitrator, advocate, academic (Adjunct Professor, New York University School of Law) and administrator (General Counsel, American Arbitration Association), and is a frequent speaker and lecturer on international arbitration.
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 Co-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 domestic and international arbitration panels. He is a Director of the New York International Arbitration Center; 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 He has advised the United States delegation to UNCITRAL on the United Nations’ revisions to both the Arbitration Rules and Model Arbitration Law (2006).
Giorgio Bernini formerly a Full Professor holding the Chairs of Commercial Law and of Arbitration Law at the University of Bologna, Member of the Italian Parliament, Minister of Foreign Trade, President of the Italian Railways System Company (R.F.I.) S.p.A., Giorgio Bernini is now a special counsel to Studio Bernini - Studio Professionale Associato a Baker & McKenzie in Bologna.
Karl-Heinz Böckstiegel is Professor Emeritus of International Business Law at the University of Cologne (Germany). Mr. Böckstiegel has practiced as an independent arbitrator for 30 years, counselling clients and acting as mediator, arbitrator and president of the arbitration tribunal in many international arbitrations of - among others - the ICC, ICSID, LCIA, CAFTA, NAFTA, ECT, DIS, SCC, the AAA and UNCITRAL, as well as between states. Mr. Böckstiegel was the chairman of the board of the German Institution of Arbitration (DIS) from 1996 to 2012, and is now the honorary chairman. Other notable past positions include: President of the International Law Association (ILA) (2004-2006); President of the German Association for International Law (1993-2006); President of the London Court of International Arbitration (LCIA) (1993-1997); President of the Iran-United States Claims Tribunal at The Hague (1984-1988). Mr. Böckstiegel is the author of 12 books and more than 350 articles, and has edited 33 books.
Robert Briner (dec'd 2009) was an Independent Arbitrator in Geneva, a former Chair of the International Court of Arbitration of the International Chamber of Commerce (ICC) in Paris and an Honorary Chairman. He was a former Partner and Of Counsel in the Swiss law firm of Lenz & Staehelin. He was a member of the International Council for Commercial Arbitration (ICCA), the International Council of Arbitration for Sport (ICAS), and a member of the Executive Board of the Committee of the Swiss Arbitration Association. He was also a former Panel Chairman the United Nations Compensation Commission as well as former President of the Iran—United States Claims Tribunal (The Hague). In addition, from 1992 to 1994 he was the Chair of the Section on Business Law of the International Bar Association (IBA) and is an Honorary Life Member. Mr. Briner was an Arbitrator on the ICSID List nominated by Switzerland. He was also the author of various arbitration publications.
Charles N. Brower has served since 1983 as a Judge of the Iran-United States Claims Tribunal in The Hague. He is a Member of 20 Essex Street Chambers (London) and a retired Partner of White & Case, LLP. He co-founded White & Case’s Washington, DC office, where his practice came to be comprised almost exclusively of international arbitrations. Judge Brower also serves as Judge Ad Hoc of the Inter-American Court of Human Rights, as a member of the Register of Experts of the United Nations Compensation Commission in Geneva (UNCC) and as a member of the Panels of Conciliators and Arbitrators of the International Centre for Settlement of Investment Disputes (ICSID). He has represented various governments in proceedings before the International Court of Justice and is a member of the panels of arbitrators of a number of arbitral institutions around the world. He has published and spoken around the world on international law and international dispute resolution.
Bernardo M. Cremades is 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 Vice President of the London Court of International Arbitration and is a Professor of International Business Law at Universidad de Madrid and also a member of the Institute of World Business Law of the ICC. He has acted as counsel, arbitrator or presiding arbitrator in more than 200 arbitral proceedings worldwide.
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 150 arbitrations, both domestic and international, and mediated in excess of 200 disputes. He is a Fellow of the Chartered Institute of Arbitrators. Among other listings, he is listed in the 2011, 2012 and 2013 Chambers (U.S.A.) directories as one of the U.S.A.’s leading international arbitrators (Tier 1), and is listed in The International Who’s Who of Commercial Mediation 2012 and 2013. 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), construction matters, insurance and reinsurance disputes, distributor terminations, sales of goods, and other commercial matters. He lectures frequently and has published widely on various legal, arbitration and mediation topics.
Rocío Digón is Counsel of the International Court of Arbitration® / SICANA, Inc. and is responsible for the administration of cases for the North America region. She is a former associate in the international arbitration practice of King & Spalding LLP’s New York office and has experience in proceedings under the rules of the ICC, UNCITRAL, ICSID, and LCIA. In addition, Ms. Digón has published several articles on topics related to international arbitration. 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 JURIS. 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, JURIS.
Fabricio Fortese is a Visiting Lecturer in international arbitration law at Stockholm University. He is a qualified Lawyer from Argentina with practicing experience in international dispute resolution. He has authored various publications and is a regular contributor to Investment Arbitration Reporter. He holds Masters of Law from Queen Mary, University of London and Stockholm University.
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.
Emmanuel Gaillard is Head of Shearman & Sterling’s international arbitration practice. He has represented major corporations, States and State-owned entities in over 250 international arbitration cases. He has acted as sole arbitrator, party-appointed arbitrator or Chairman in more than 50 international arbitrations. He is also frequently called upon to appear as expert witness on arbitration law issues in international arbitration proceedings or enforcement actions before domestic courts. Professor Gaillard has written extensively on all aspects of arbitration law, in French and in English. He is a co-author and co-editor of Fouchard Gaillard Goldman on International Commercial Arbitration (Kluwer, 1999), the leading and most comprehensive publication in this field. He teaches International Arbitration and Private International Law at the University of Paris XII. He lectured at The Hague Academy of International Law in the Summer 2007 on the Theory of International Arbitration. Professor Gaillard is recognized as one of the few worldwide experts on ICSID (International Centre for Settlement of Investment Disputes) and international investment arbitration. He has published since 1985 a yearly feature in the leading French international law journal, Journal du Droit International, commenting on ICSID decisions and awards. In 2004, he published a seminal volume on ICSID arbitration case law entitled La Jurisprudence du CIRDI (Pedone, 2004). Professor Gaillard is a member, appointed by France, of the ICSID Panel of Arbitrators and Conciliators. He advises the French Government on investment treaty issues. He also appears as an expert on OECD investment panels, and participates as an observer in the works of UNCITRAL (United Nations Commission on International Trade Law) on the drafting of the new UNCITRAL Arbitration Rules. He is the Chairman of the Institute for International Arbitration (IAI), which launched in September 2004 a series of publications on international arbitration, the IAI Series on International Arbitration (JURIS).
James M. Gaitis is a long-standing member of the Texas State Bar and an independent Arbitrator specializing in oil & gas and energy arbitrations. He is the former Director of the International Dispute Resolution Programme at the Centre for Energy, Petroleum & Mineral Law & Policy (CEPMLP), University of Dundee and the Editor in Chief of the second and third editions of The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration (2d ed. 2010, 3rd ed. 2013 JURIS). A Fellow and Director of the College of Commercial Arbitrators and a Fellow and Chartered Arbitrator of the Chartered Institute of Arbitrators, he also is the Editor of The Leading Practitioners’ Guide to International Oil & Gas Industry Arbitration (forthcoming 2015 JURIS).
Grant Hanessian is Co-Chair of Baker & McKenzie’s International Arbitration Practice Group. He served as Chair of the Litigation Department of the Firm’s New York office from 2003-2012. He has more than 25 years of experience as arbitrator and counsel in disputes concerning investment treaty, contract, energy, construction, commodities, financial services, insurance, intellectual property and other matters. Mr. Hanessian is Vice Chairman of the Arbitration & ADR Committee of the United States Council for International Business (USCIB), the U.S. national committee of the International Chamber of Commerce (ICC), a member the ICC Commission on Arbitration, ICC Task Force on International Arbitration with States and State Entities, AAA-ICDR International Advisory Committee and its Subcommittee on Revision of the ICDR Rules and the ICDR Advisory Committee on Brazil, New York State Bar Association Task Force on International Arbitration, International Arbitration Club of New York, Arbitration Committee of the International Institute for Conflict Prevention and Resolution, New York City Bar Association's International Law Committee and Club Español del Arbitraje, and a founding board member of the New York International Arbitration Center. Mr. Hanessian writes and speaks frequently on international arbitration topics. He is editor of ICDR Awards and Commentaries (JURIS. 2012) and co-editor of Comparison of International Arbitration Rules (American Bar Association Section of International Law, forthcoming 2014), International Arbitration Checklists (Juris Pub., 2nd ed., 2008), Gulf War Claims Reporter (ILI/Kluwer, 1998) and Baker & McKenzie's International Litigation & Arbitration Newsletter. Mr. Hanessian is recommended by Chambers Global and USA Guides (described as “very experienced, hugely knowledgeable and effective”), Legal 500 (described as ‘a great practitioner’ with a ‘strong commercial profile’), PLC Which Lawyer, The International Who’s Who of Commercial Arbitration and Expert Guide to Leading Practitioners in International Arbitration.
Bernard Hanotiau is a Partner at Hanotiau 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 practicing as an advocate in both international arbitration and commercial litigation from Brick Court Chambers, London. She became a QC in 1987. She also sits regularly as an Arbitrator. She is a Deputy High Court Judge and is an accredited mediator. She is also a member of the Bar of New South Wales. She is a former Chairman of the City Disputes Panel, former Vice-Chair of the International Litigation Committee of the IBA and a current Vice-Chair of the Litigation Committee of the International Law Section of the ABA. She was previously Chairman of the London Common Law and Commercial Bar Association and of the International Practice Committee of the Bar Council.
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). Between1998 - 2003 he was Commissioner at the United Nations Compensation Commission in Geneva. His arbitration experience includes representation of both East and West European, American, Russian and Chinese government bodies and corporations, as well as parties from developing countries in international arbitrations. Prof. Hobér has acted as counsel and arbitrator (including chairmanships) in more than 400 international arbitrations. He is past chair of the IBA 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 (JURIS, 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.
Martin Hunter was a Partner of the international law firm Freshfields from 1967 to 1994, latterly leading the firm’s International Arbitration Group. After retiring from the firm he re-qualified as a barrister and joined Essex Court Chambers, where he continues to practice in the field of international arbitration, both as counsel and as an international arbitrator. In 1995 he was appointed to a newly-established chair of international dispute resolution at Nottingham Trent University, and is a visiting professor at Central European University (Budapest), King’s College (London), KIIT Law School (India) and University of Miami Law School. He is a former chairman of the Board of Trustees of DIAC; was Deputy-Chairman of the committee that advised the UK Government on the 1996 Arbitration Act; is a member of ICCA; and has served on the Arbitration Courts of the ICC and LCIA. He is a co-author of Redfern & Hunter on International Arbitration, and has also been published extensively in specialist international arbitration journals and elsewhere over the last twenty-five years.
Stephen Jagusch is Global Chair of Quinn Emanuel's International Arbitration Practice. He specialises 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 recognised 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 recognise 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 ISCID 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.
Sigvard Jarvin is a private practitioner in international commercial arbitration and member of the Paris bar. He was General Counsel of the ICC International Court of Arbitration (1982-1987) and member of that Court until 1995, and during the last eleven years member of the Jones Day Paris arbitration group. He acts both as arbitrator and counsel and has been involved in more than 230 international arbitrations under the rules of the ICC and the world’s major arbitral institutions, mostly in disputes relating to energy, construction, the supply of industrial plants, telecommunications, sale of armaments and licensing. He is a member of the ICC Commission for International Arbitration, was rapporteur at the 1990 and 1998 ICCA Congresses and was chairman of the foreign section of the Swedish Bar 1999-2000. He is the author of numerous publications, a commentator on ICC awards in the Journal du Droit International, Paris, speaks English, French, German and Swedish and was editor-in-chief of the Stockholm International Arbitration Review.
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).
Pierre A. Karrer practices as a full-time Arbitrator from his “boutique” premises in Zurich. He has been chairman and arbitrator in over 250 international commercial arbitrations all over the world. He is Honorary President of the Swiss Arbitration Association, Court Member of ICC, Vice President of the Stockholm Institute, former Vice President of the LCIA, FCIArb, and listed arbitrator almost everywhere. After studies in Zurich, Göttingen, Padova, and The Hague, he obtained a Dr. iur from the University of Zurich, and an LL.M. from Yale. He speaks fluent English, French, German, Italian and Dutch, and some Spanish.
Alexander G. Leventhal practices in the International Arbitration Department of Jones Day’s Paris office. As a member of both the Paris and New York bars, he has written and spoken on issues of law in both civil and common law jurisdictions. Fluent in Arabic, Mr. Leventhal has extensive experience in the Middle East and has published articles on the arbitration laws of Middle Eastern countries and has written and spoken on Islamic finance. He also has experience with arbitration in Latin America and has written on arbitration issues affecting the lusophone world. Alexander is a member of the young international arbitration groups of the ICC, ICDR, LCIA, and ASA.
Andreas F. Lowenfeld is Herbert and Rose Rubin Professor of International Law at New York University School of Law. He serves frequently as arbitrator in international cases, and has written widely on various aspects of international trade, investment, finance, and dispute settlement. Professor Lowenfeld is an elected member of the Institut de Droit International and of the International Academy of Comparative Law, and has twice been a Lecturer at The Hague Academy of International Law. Professor Lowenfeld served as Associate Reporter for the American Law Institute’s Restatement (Third) of the Foreign Relations Law of the United States, with principal responsibility for the sections on jurisdiction, judgments, and dispute settlement, and was also Co-Reporter of the ALI’s International Jurisdiction and Judgments Project.
Alexis Mourre practices law at Castaldi Mourre & Partners, a law firm he co-founded in 1996. He specializes in International Arbitration and International Litigation. He has served as counsel to party, co-arbitrator, sole arbitrator, or expert in more than 180 international arbitral procedures, both ad hoc and before the most prominent arbitral institutions. He is also the author of numerous books and publications in the field of International Business Law, Private International Law, and Arbitration Law. He is founder and past editor in chief of Les Cahiers de l’Arbitrage, a leading French publication in the field of Arbitration. Since 2009 Mr. Mourre is Vice President of the ICC International Court of Arbitration, past Co-Chair of the IBA arbitration committee (2012-2013), a member Counsel of the International Business Law Institute of the ICC as well as of a large number of scientific and professional institutions dedicated to Arbitration and Private International Law. He is professor honoris causae of the University San Ignacio of Lima (Peru) and Lecturer at the Universities of Versailles and Sceaux. He acts as a speaker in numerous conferences and seminars on international commercial arbitration, including numerous ICC PIDA and IAP seminars, both as Chairman of the seminar or speaker. He is fluent in French, English, Italian and Spanish, and has a working knowledge of Portuguese.
Baron (Michael) Mustill was formerly President of the Chartered Institute of Arbitrators and is currently a Vice President of the Court of Arbitration of the ICC. Michael Mustill became successively a Judge of the High Court, the Court of Appeal and the Appellate Committee of the House of Lords, retiring from full-time judicial sittings in 1991. While a High Court Judge he acted as Judge of the Commercial Court, to which arbitration questions are referred. Since then he has sat as arbitrator in numerous cases in England and abroad. He is the author of more than 30 contributions to legal journals on various subjects. He had also delivered addresses and taken part in arbitration colloquia in some twenty countries.
Sophie Nappert is a dual-qualified Lawyer in Canada and in the UK. She is an arbitrator in independent practice, based in Gray’s Inn, London, specializing in international disputes, notably in energy, infrastructure, natural resources and cross-border investment. Before becoming a full-time arbitrator, she was Head of International Arbitration at a global law firm. Sophie is trained and has practiced in both civil law and common law jurisdictions. She is the peer-nominated Moderator of OGEMID, the online discussion forum on current issues of international investment law, economic law and arbitration. She is ranked in Global Arbitration Review's Top 30 List of Female Arbitrators Worldwide and is listed in the International Who's Who of Commercial Arbitration. Sophie is the author of a Commentary on the 2010 UNCITRAL Arbitration Rules: A Practitioner’s Guide (JURIS, 2012). 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.
Christopher Newmark 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 has received LCIA, ICC and CEDR appointments as arbitrator. Chris was appointed Vice-Chairman of the ICC Commission on Arbitration in January 2008 and co-chaired (with Yves Derains) the recent 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 is also an experienced commercial mediator and a member of CEDR’s mediator training faculty. He 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.
William W. Park is Professor of Law at Boston University, where he teaches in the areas of tax and finance. He is 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. Since 2010 he has served as President of the London Court of International Arbitration. Park 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).
Paulo Michele Patocchi is a Partner of Patocchi & Marzolini, the new law firm established with Paolo Marzolini on 1 January 2014. Prior to this date, Michele has led the arbitration practice group of a leading Swiss law firm Lenz & Staehelin (1997-2013). He has also worked for a major US law firm in London (1989-1991) and a leading Swiss law firm in Zurich (1992-1994). He acts as counsel representing clients and he is sitting as an arbitrator in Switzerland and a number of European jurisdictions under various sets of arbitration rules. Mr. Patocchi is able to conduct proceedings in English, French, German, Italian or Spanish. Mr. Patocchi has been involved in more than 185 arbitrations to date (chiefly relating to joint ventures and R&D agreements, construction (power stations, roads, etc.), turnkey contracts, licensing, privatisations and state contracts, price reviews in gas supply agreements, banking and finance disputes, sports and sponsoring disputes). He is a member of the Arbitration Court of the Swiss Chambers' Arbitration Institution and has been a member of the arbitration committees of the Chamber of Arbitration of Milan (2005-2011), Geneva (1999-2002) and Lugano (1997-2007). He was the first President of the national arbitration committee of the Swiss Chambers of Commerce (2004-2006). Mr. Patocchi is a member of the executive board of ASA, the Swiss Arbitration Association. He has published extensively on international arbitration and litigation and is currently the general co-editor of The Swiss International Arbitration Law Reports (JURIS) and The Swiss International Sports Arbitration Reports (JURIS), both of which have been published since 2007.
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.
Allan Philip (dec'd 2009) was Professor at the University of Copenhagen and Dean of the law school. He was a member of the Institut de Droit International and of the Curatorium of the Hague Academy of International Law; Chair of the Panel on Oil Sector Claims in the United Nations’ Compensation Commission for the Gulf War; the delegate of Denmark to a number of diplomatic conferences on private international and maritime law; and a member of the Chartered Institute of Arbitrators.
David Plant (dec'd. 2012) practiced law in New York City with Fish & Neave from 1957 through 1998. After retiring from Fish & Neave, he practiced exclusively as an ADR neutral and a teacher. For more than 20 years, he served as a mediator in U.S. and international disputes, arbitrator in ICC, Stockholm, UNCITRAL, AAA, CPR, WIPO, court-annexed and ad hoc arbitrations, and Special Master in US District Courts—in more than 300 matters. He has written and spoken around the world on ADR matters. Mr. Plant was a Fellow of the Chartered Institute of Arbitrators, College of Commercial Arbitrators, International Academy of Mediators, and American College of Civil Trial Mediators. He was an accredited CEDR mediator. In 2006, Mr. Plant received the American Bar Association Dispute Resolution’s “Lawyer as Problem Solver Award.”
Michael Pryles is a well-known international Arbitrator. He is President, Court of Arbitration, Singapore International Arbitration Centre (SIAC) former President of the Australian Centre for International Commercial Arbitration, a former court member of the London Court of International Arbitration and is Co-Chair of the ICC Asia Arbitration Commission. Mr. Pryles was the foundation president of the Asia Pacific Regional Arbitration Group, an association of some 27 arbitral centres and organisations. 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, KLRCA 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). Mr. 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. He also represents 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, 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.
Alan Redfern established the litigation department at Freshfields. In 1995, he left Freshfields to become a Barrister and Arbitrator and joined the Chambers of Lord Grabiner QC at One Essex Court, Temple, London. Since then, Alan Redfern has acted as party-nominated arbitrator or Chairman of the Tribunal in many major international commercial disputes in different parts of the world. Alan Redfern is co-author of Redfern & Hunter, “Law and Practice of International Commercial Arbitration”, which is now in its fourth edition. He is a non-executive Director of the London Court of International Arbitration, a vice-Chairman of the International Court of Arbitration of the ICC in Paris and on the international arbitrators’ list of the ICDR and other arbitral institutions world-wide.
Klaus Reichert SC specialises in international arbitration and has undertaken, both as lead Counsel and as Arbitrator (frequently as chair), in excess of 120 such cases right across a broad spectrum of complex subject matters, industries and governing laws involving parties from all over the World (ICSID, ICC, LCIA, ICDR, CAS, DIAC, DIFC-LCIA, and UNCITRAL; in Paris, Helsinki, New York, London, Munich, Seoul, Geneva, Dublin, Dubai, Stockholm, Zürich and elsewhere). He is a member of the International Basketball Federation (BAT) panel of arbitrators, a member of the Court of Arbitration for Sport, the WIPO Panel, the ICDR Panel and the DIAC Panel. He was counsel for Dallah in the landmark case in the English Courts on the New York Convention against the Government of Pakistan. In 2012 he was honoured by his election to the Governing Board of the International Counsel for Commercial Arbitration (ICCA). He is a Silk (Senior Counsel) at the Bar of Ireland and was involved as counsel in a large number of leading cases in the field of private international law.
Catherine A. Rogers is a Professor of Law at Penn State Law, and the Professor of Regulation, Ethics and the Rule of Law at Queen Mary, University of London, where she co-directs an institute on regulation and ethics. 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.
Eric A. Schwartz is a Partner in the New York and Paris offices of King & Spalding, where he specializes in international arbitration. He is a former Secretary General and current Vice-President of the ICC International Court of Arbitration. Over the last 30 years, he has acted as counsel on behalf of some of the world’s largest companies, public authorities and sovereign states in international arbitration proceedings in all of the principal European arbitration venues, as well as in Africa, Asia and the US. In addition to his work as counsel, Mr. Schwartz regularly sits as an arbitrator. He has appeared as chair, sole arbitrator or co-arbitrator in proceedings under the rules of the AAA, CIETAC, ICC, ICSID, LCIA, SCC and UNICTRAL in arbitrations throughout the world. He is also the author of dozens of articles on international arbitration practice as well as the co-author (with Yves Derains) of A Guide to the ICC Rules of Arbitration (Kluwer, 2nd ed. 2005).
Jeremy K. Sharpe serves as Attorney-Adviser, Office of the Legal Adviser, United States Department of State, Washington D.C.
Hans Smit (dec'd 2012) was the Stanley H. Fuld Professor of Law and Director of the Center for International Arbitration and Litigation Law at Columbia University, where has been a member of the faculty since 1960. He was Director of Projects on International Procedure and European Legal Institutions before becoming Director of the Parker School of Foreign and Comparative Law. Professor Smit had extensive experience as an expert and arbitrator in international litigation and arbitration and was the author of numerous publications on international commercial arbitration and was Editor–in–Chief of The American Review of International Arbitration.
Pierre Tercier is Emeritus Professor, University of Fribourg, Switzerland and Honorary Chairman of the International Court of Arbitration of the ICC. He also has taught at the University of Geneva and the EPFL in Lausanne (Switzerland), in Paris I, Paris II, Paris IV (France) 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). Mr. Tercier has extensive experience in arbitration: serving as arbitrator in over 100 proceedings (ad hoc, ICC, ICSID, CCIG, UNCITRAL, LCIA, SCC, ZCC) and is a member of the ASA Board and a Council member of the ICCA.
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.
Albert Jan van den Berg is Vice-Chair and past Secretary-General of the Netherlands Arbitration Institute (NAI) and is Professor of Law (NAI Chair) at the Erasmus University in Rotterdam, where he teaches international arbitration. He is a former Vice-President of the London Court of International Arbitration (LCIA). He is member of: the International Council for Commercial Arbitration (ICCA); Commission on International Arbitration of the International Chamber of Commerce (ICC), Paris; Court of Appointment of the Hong Kong International Arbitration Centre; and the International Advisory Board of the Stockholm Chamber of Commerce (SCC). Mr. van den Berg frequently acts as presiding arbitrator, party-appointed arbitrator or counsel in administered and ad hoc arbitrations in many countries around the world.
V. V. Veeder is a member of Essex Court Chambers, acting as Arbitrator and Advocate in arbitration proceedings principally in Paris, Stockholm, Singapore, New York and Switzerland. Mr. Veeder is a Member of ICCA, Council Member of the ICC Institute of World Business Law; Council Member of the SCC Arbitration Institute’ President of ARIAS-AIDA (UK) and Vice-President of the LCIA. Between 1990 and 1996 he was a Member of the United Kingdom’s Department of Trade and Industry Advisory Committee on the Law of Arbitration, responsible for the English Arbitration Act 1996.
Francisco Orrego Vicuña is Professor of Law at the Law School and the Institute of International Studies of the University of Chile. Has presided over numerous international arbitration tribunals in investment and commercial matters and has also served as party-appointed arbitrator. An arbitrator included in the ICSID Chairman’s list, has also been appointed to tribunals by the ICC Court of International Arbitration and the London Court of International Arbitration. He has also participated in arbitrations under UNCITRAL Rules and the American Arbitration Association. Professor Orrego Vicuña is a member of a panel of the World Trade Organization concerning the claim of the European Community against the United States on subsidies to large civil aircraft, and presides over a NAFTA Tribunal. He is also a judge and former President of the World Bank Administrative Tribunal and is a judge ad-hoc at the International Tribunal for the Law of the Sea. A well known writer on international law and international arbitration, Professor Orrego Vicuña participates in a number of academic institutions. He was a Vice President of the London Court of International Arbitration and is a member of the International Council of Commercial Arbitrators.
Thomas W. Wälde (dec'd 2008) was Professor & Jean-Monnet Chair at CEPMLP/Dundee, and an expert, arbitrator, counsel and mediator in international energy and investment disputes. He was a special member of AIPN, a member of several international arbitral institutions, a Rechtsanwalt (Frankfurt) & barrister, Essex Court Chambers, London. He was adviser to the international institutions in the oil and gas field (OPEC, IEA, UN, APEC, EU, World Bank), editor of major journals and internet intelligence services (OGEL, TDM) and moderator of the ENATRES & OGEMID internet discussion communities. He was a fellow of major academic and professional institutions in the field of international investment law (Columbia, BIICL et al.) and energy (World Energy Council). He was General Editor, Oxford University Press/AIPN Journal on World Energy Law & Business.
"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 and T.O.C.
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
The History of International Commercial Arbitration--A Sketch
Baron (Michael) Mustill
Chapter 2
Interference by National Courts
Jan Paulsson
Chapter 3
ADR and Arbitration
Robert B. Davidson and David Plant
Chapter 4
Whose Arbitration Is It Anyway--The Parties' or the Arbitration Tribunals?
V.V. Veeder
Chapter 5
Confidentiality
Michael Pryles
Chapter 6
Responsibility of Arbitrators and Arbitral Institutions
Pierre Karrer
Chapter 7
The Ethics of International Arbitrators
Jeffrey C. Jeng and Catherine A. Rogers
Chapter 8
Third Party Funding of International Arbitrations
Stephen Jagusch
Chapter 9
Real and Feared Arbitrator Conflicts of Interest
Mauro Rubino-Samartano
Chapter 10
The Role of the Chairman
Paulo Patocchi and Robert Briner
Chapter 11
International Arbitration from the Perspective of Corporate Counsel
Richard D. Hill
Chapter 12
Perspectives of Future Development in International Arbitration
Karl-Heinz Böckstiegel
The Arbitral Proceeding
Chapter 13
The Tribunal's Appointment
Gerald Aksen
Chapter 14
Emergency Arbitrators
Grant Hanessian
Chapter 15
Interim Mesures
Alan Redfern
Chapter 16
The Organizational Meeting
Klaus Reichert
Chapter 17
Organizing an International Arbitration: Practice Pointers
Albert Jan van den Berg
Chapter 18
The Role of the Arbitrator in Determining the Applicable Law
Emmanuel Gaillard
Chapter 19
The Party-Appointed Arbitrator: Further Reflections
Andreas Lowenfeld
Chapter 20
The Duties of an Arbitrator
Martin Hunter and Allan Philip
Chapter 21
Controlling Time and Costs in Arbitration
Christopher Newmark
Chapter 22
Objections to Jurisdiction
Sigvard Jarvin and Alexander G. Leventhal
Chapter 23
The Proper Role of Tribunal Secretaries
Pierre Tercier
Chapter 25
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 26
The Conduct of the Hearings
Bernard Hanotiau
Chapter 27
Advocacy in International Arbitration
C. Mark Baker
Chapter 28
Cross-Examination in International Arbitration--Opportunities and Challenges
Lawrence W. Newman
Chapter 29
Witness Conferencing
Hilmar Raeschke-Kessler
Chapter 30
Non-Signatories and International Arbitration
William W. Park
Chapter 31
Witness Statements: Use and Abuse
Eric Schwartz and Rocío Digón
Arbitration, Awards and Post-Hearing Matters
Chapter 32
Is There a Life after the Award?
Alexis Mourre
Chapter 33
The Arbitral Award
Bernardo Cremades
Chapter 34
The Tribunal's Deliberations
L. Yves Fortier
Chapter 35
Assessing Expert Evidence
Sophie Nappert and Fabricio Fortese
Chapter 36
Accessing Damages in International Arbitration: Practical Consideration
Hilary Heilbron
Chapter 37
The Dynamics of Deliberation Meetings and the Dissenting Opinions
Ugo Draetta
Chapter 38
Annulment and Enforcement of International Arbitral Awards: A Practical Perspective
Hans Smit
Investment and Other Disputes
Chapter 39
Arbitration Involving States
Kaj Hobér
Chapter 40
Arbitrating Investment Disputes
Francisco Orrego Vicuña
Chapter 41
Arbitrating International Construction Disputes
John Uff
Chapter 42
International Arbitration in Oil, Gas and Energy
James Gaitis and Thomas W. Wälde