Revolution in the International Rule of Law: Essays in Honor of Don Wallace, Jr.
ISBN:
978-1-57823-347-2
Page Count:
702 pages
Published:
October, 2014
As the title suggests, A Revolution in the International Rule of Law: Essays in Honor of Don Wallace, Jr. is a European style Festschrift or Liber Amicorum, and compiles short essays by eminent scholars and practitioners who have known Prof. Wallace during his long and distinguished career as a Professor of law at Georgetown University Law Center and, among others, as the Chairman of the International Law Institute, the U.S. Delegate to UNCITRAL, the Legal Adviser to the USAID, President of the ABA Section on International Law, presiding officer of the UNIDROIT Foundation, and Of Counsel to a number of prominent international law firms including Winston & Strawn LLP, Morgan Lewis LLP, Arnold & Porter LLP, and Shearman & Sterling LLP.
The primary topics covered in the book are:
- Foreign Investment and Political Risk
- International Investment Law and Arbitration
- Unification of Private Law
- Commercial Law Reform
- Public Procurement
- Rule of Law and Transitional Justice
- International Business Law and Human Rights
- Legal Aspects of the United States' Foreign Affairs: Public International Law, Separation of Powers and Terrorism.
- Professor Wallace's friends, including the co-editors, have submitted 45 essays including a biographical piece prepared by the editors to this volume.
To view webpages for chapters un-related to arbitration, please visit the publication's webpage on the Juris Publishing website
Part V
International Commercial Arbitration and Dispute Resolution
Alexander Komarov
Pierre Guislain
Ewell E. Murphy, Jr.
Tore Wiwen-Nilsson
Terrence P. Stewart
Part VI
Investor State Arbitration
Stanisław Sołtysiński
Norbert Horn
Ian A. Laird
Todd Weiler
Noah Rubins and Ben Love
Héctor A. Mairal
José Antonio Rivas
Mark Kantor
Nicholas J. Birch
Borzu Sabahi and Lukáš Hoder
Stanimir A. Alexandrov
Charles N. Brower, Sadie Blanchard and Charles B. Rosenberg
About the Editors
Borzu Sabahi
Curtis, Mallet-Prevost, Colt & Mosle, Washington D.C.
Dr. Borzu Sabahi is an Attorney in the International Arbitration Group of Curtis Mallet-Prevost Colt & Mosle LLP. He principally acts as counsel and expert in international arbitrations pursuant to bilateral and multilateral investment treaties in such fields as oil & gas, mining, construction and telecommunications. He is an Adjunct Professor at Georgetown University Law Center and Columbia Law School where he co-teaches seminars on investor-State arbitration. He is Co-Director of the International Investment Law Center at the ILI, and an Editor of Oxford’s Investment Claims website.
NICHOLAS J. BIRCH
Law Offices of Stewart and Stewart, Washington D.C.
Mr. Nicholas J. Birch is an Associate at the Law Offices of Stewart and Stewart in Washington, D.C. and a J.D./M.B.A graduate from Georgetown University. Mr. Birch has practiced in trade remedies and international investment law. He has also been involved in research and writing on international investment, arbitration, and trade law and development, and has been featured in multiple books and articles.
IAN A. LAIRD
Crowell & Moring, Washington D.C.
Mr. Ian A. Laird, a Partner in the International Dispute Resolution Group of Crowell & Moring, is a D.C.-licensed Special Legal Consultant based in the firm's Washington office. Ian is recognized as a leading practitioner in the arbitration field by the International Who's Who of Commercial Arbitration Lawyers 2014. He is the Co-Founder and Editor-in-Chief of a leading website resource in the field of investment arbitration, InvestmentClaims.com (published by Oxford University Press). He is Co-Editor of the book series, Investment Treaty Arbitration and International Law, (with volume 6 recently published by Juris Publishing). He is currently serving as an Adjunct Professor of Law at the Georgetown University Law Center.
JOSÉ ANTONIO RIVAS
Arnold & Porter, Washington D.C.
Dr. José Antonio Rivas is an Associate in Arnold & Porter LLP's International Arbitration Group. He has served as counsel in investment treaty cases and international commercial arbitrations representing sovereign clients, as well as private parties in cases related to the energy sector, powerships, mining services, the financial industry, the health care provider industry, and road and railway concessions. His practice benefits from his experience as former ICSID Counsel, and former Director of Foreign Investment of the Colombian Trade Ministry where he coordinated the prevention of investment disputes and the response of the in case of international investment arbitration, and negotiated bilateral investment treaties and trade agreements on behalf of Colombia. He is a Member of ICSID’s Panels of Conciliators, an Adjunct Professor of Investment Treaty Arbitration, Public International Law, and Landmark Judgments of the ICJ at Georgetown University Law Center, and he regularly teaches and train public officials from Latin American and other regions on investment treaty implementation and prevention of investment disputes.
About the Contributors
CHARLES F. ABERNATHY
Georgetown University Law Center
Prof. Charles F. Abernathy is a Professor of Law at Georgetown University Law Center and also serves as Director of the International Law Institute’s Orientation in the U.S. Legal System. His publications include the first modern casebook for foreign lawyers studying U.S. law (Law in The United States, 2006, forthcoming 2d. ed. 2014) and a widely used casebook on civil rights law (Civil Rights and Constitutional Litigation, 2014). He holds A.B., J.D., and LL.M. degrees from Harvard University.
YONAH ALEXANDER
Potomac Institute for Policy Studies
Prof. Yonah Alexander serves as a Senior Fellow at the Potomac Institute for Policy Studies, Director of its International Center for Terrorism Studies, and as a member of the Board of Regents. Concurrently, he is Director of the Inter-University Center for Terrorism Studies and Co-Director of the Inter-University Center for Legal Studies. Educated at Columbia University (PhD), the University of Chicago (MA), and Roosevelt University of Chicago (BA), Professor Alexander has lectured in more than 40 major universities and institutions worldwide. Additionally, he has served as academic advisor to governments and international organizations. He is founder and editor-in-chief of three academic international journals: Terrorism; Minorities and Group Rights; and Political Communication and Persuasion. He also has published over 100 books and his works have been translated into more than two dozen languages. He has received numerous academic and professional awards.
STANIMIR A. ALEXANDROV
Sidley Austin, Washington, D.C.
Dr. Stanimir Alexandrov is the Co-Chair of Sidley’s International Arbitration Practice. Mr. Alexandrov focuses his practice in the areas of international dispute resolution, including investor-state arbitration and international commercial arbitration. He has represented private parties and governments in arbitrations before the International Centre for Settlement of Investment Disputes (ICSID), as well as in ICC, UNCITRAL, and AAA international arbitrations. Mr. Alexandrov has been appointed to the ICSID Panel of Arbitrators and serves as an arbitrator in cases under the arbitration rules of ICSID, the ICC, the London Court of International Arbitration, and UNCITRAL. He is a professor at the George Washington University Law School in Washington, D.C., where he teaches courses on international law and dispute settlement. Prior to private practice, Mr. Alexandrov was Vice Minister of Foreign Affairs of Bulgaria.
TUĞRUL ANSAY
Koç University, Istanbul
Prof. Dr. Tuğrul Ansay, M.C.L., LL.M. (Columbia Univ.) is the Founding Dean of the Koc University Law School, İstanbul and Judge, International Court of Arbitration, den Hague. He is also the general editor (together with Don Wallace, Jr.) of a series of books on the introduction to the laws of different countries.
SADIE BLANCHARD
Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law
Ms. Sadie Blanchard is a Research Fellow at the Max Planck Institute for International, European and Regulatory Procedural Law in Luxembourg. Previously, she practiced in the field of international arbitration, with an emphasis on investor-State arbitration. She has a J.D. from Yale Law School and is a member of the New York Bar.
GARY BORN
Wilmer Cutler Pickering Hale and Dorr LLP
Mr. Gary Born is the world’s leading authority on international arbitration and litigation. He is the author of International Commercial Arbitration (2nd ed. 2014), International Arbitration: Law and Practice (2013) and numerous other works on international dispute resolution. Mr. Born is also the Chair of the International Arbitration Practice Group at Wilmer Cutler Pickering Hale and Dorr LLP and has been ranked for the past 20 years as one of the world's leading international arbitration practitioners. He has participated in more than 550 international arbitrations, including four of the largest ICC arbitrations and several of the most significant ad hoc arbitrations in recent history. He is a Professor of Law at University of St. Gallen Law School and teaches regularly at law schools in Europe, Asia and North America.
CHARLES N. BROWER
20 Essex Street Chambers, London
Judge Charles N. Brower, Judge, Iran–United States Claims Tribunal, The Hague, Netherlands; Judge Ad Hoc, Inter-American Court of Human Rights, San Jose, Costa Rica; Arbitrator Member, 20 Essex Street Chambers, London, England; formerly Acting Legal Adviser, United States Department of State; Deputy Special Counselor to the President of the United States; President, ASIL; Chairman, ITA; recipient of ASIL's Hudson Medal, Berkeley’s Riesenfeld Memorial Award, the ABA Section of International Law’s Lifetime Achievement Award and the ITA’s Pat Murphy Award.
ROY E. BROWNELL II
Attorney, Washington, D.C.
Mr. Roy E. Brownell II studied under Professor Wallace at Georgetown University Law Center. Mr. Brownell is an Attorney in Washington, D.C. who has contributed pieces on separation of powers to books, such as The Encyclopedia of the American Presidency (Michael Genovese, editor), and journals such as American University Law Review, the University of Virginia’s Journal of Law & Politics, the Journal of National Security Law & Policy, Presidential Studies Quarterly and St. John’s Law Review.
HAROLD S. BURMAN
Office of the Legal Adviser, U.S. Department of State
Mr. Harold S. Burman is a recently retired career Attorney at the State Department. His areas of expertise include foreign relations law, public international law and private international law and U.S. funded projects abroad. Mr. Burman headed U.S. delegations on commercial finance, letters of credit, electronic commerce, investment securities, Cape Town Treaty protocols on aircraft, railroad and outer space asset finance, and commercial arbitration as well as recovery of cultural property. He achieved a JD from the University of Chicago law School with emphasis on comparative law, and post-graduate work on French and Soviet law.
GEORGE C. CHRISTIE
Duke Law School
Prof. George C. Christie, James B. Duke Professor of Law Emeritus at Duke University, holds degrees from Columbia, Harvard, and Cambridge. He has been a Fellow at the National Humanities Center in the United States and at the School of Social Research at the Australian National University. His legal career has spanned more than fifty-five years in private practice, government, and academia. He has been a visiting professor at universities in South Africa, New Zealand, China, Germany, and Greece as well as at a number of American universities. He has both taught, and written extensively on, International and Comparative Law, Torts, and Legal Theory.
THOMAS C. FISCHER
Seattle University School of Law
Prof. Thomas C. Fischer was educated at the universities of Cincinnati and Washington and Georgetown Law Center. During his 40-plus-year academic career, as administrator, professor, author, and consultant, he has served eleven institutions in the U.S. and overseas; including fellowships at Wolfson College, Cambridge and the Inns of Court, London. His most recent books include a trilogy about the United States, the European Union, and globalization and Legal Gridlock; a critique of the American legal system. He is presently Senior Fellow at Seattle University’s Center for Global Justice.
PIERRE GUISLAIN
The World Bank Group
Mr. Pierre Guislain, a Belgian national, is Senior Director of the World Bank Group’s Transport and Information & Communication Technologies Global Practice, providing support to developing countries in improving their connectivity and competitiveness by linking people to markets, services and employment opportunities. Prior to this, Pierre led the World Bank Group's Investment Climate Department, which focuses on reforming business regulations and unlocking investment opportunities in developing countries and emerging markets. Pierre has written on private sector development, foreign direct investment, information and communication technologies, infrastructure sector reform, and privatization. He holds an MPA in Economics and Public Policy from Princeton University and a graduate law degree from the University of Louvain (UCL, Belgium).
LUKÁŠ HODER
Kocián, Šolc, Balaštík, Prague
Mr. Lukáš Hoder works as an Associate at the law firm Kocián, Šolc, Balaštík in Prague, Czech Republic. He specializes in dispute resolution, fundamental rights and public international law. He co-founded the Czech Center for Human Rights and Democratization where he focuses on human rights and business issues and foreign relations law matters. Lukas Hoder holds LL.M. degree from Georgetown Law School and master’s degrees in both law and international relations from Masaryk University, Czech Republic.
NORBERT HORN
University of Cologne
Prof. Norbert Horn is an Independent Arbitrator and Legal Counsel and Professor Emeritus of business and banking law and legal philosophy at the University of Cologne Faculty of Law. He is Director of the Banking Law Institute at that University and director of ADIC Arbitration Documentation and Information Center (ADIC), Cologne. He was a Visiting Professor at numerous law faculties abroad including Georgetown University Law Center and China University of Politics and Law, Beijing, where he is honorary professor since 1996.
MARK KANTOR
Georgetown University Law Center
Mr. Mark Kantor is an International Arbitrator, Adjunct Professor at Georgetown University Law Center; Editor-in-Chief of Transnational Dispute Management; Vice-Chair of DC Bar International Dispute Resolution Committee; and a retired Project Finance Partner of Milbank, Tweed, Hadley & McCloy. He serves on the AAA Board of Directors. Mr. Kantor has authored numerous works, including Reports of Overseas Private Investment Corporation Determinations and Valuation for Arbitration.
STUART KERR
Millennium Challenge Corporation
Mr. Stuart Kerr is Director, Legal and Regulatory, of the Millennium Challenge Corporation, an independent U.S. Government foreign aid agency that provides large grants to a small number of better governed developing countries. He was previously Senior Counsel at the Department of Commerce’s Commercial Law Development Program and served as Executive Director of the International Law Institute for 15 years. He received his J.D. from Georgetown University. He has worked exclusively in the field of development law for over 30 years.
ALEXANDER KOMAROV
Private International Law Dept., Russian Academy of Foreign Trade
Prof. Alexander Komarov had worked as Legal Adviser on foreign commercial law and private international law at the USSR Ministry of Foreign Trade since 1972. Now he is Professor and Head of Private Law Chair at the Russian Academy for Foreign Trade (since 1989). From 1993 to 2010 he was the President of the International Commercial Arbitration Court at the Russian Federation Chamber of Commerce and Industry (ICAC). Presently he is Member of Advisory Council on Civil Law Codification at the President of the Russian Federation.
BEN LOVE
Freshfields Bruckhaus Deringer, Paris
Mr. Ben Love is a Senior Associate in the international arbitration and public international law groups of Freshfields Bruckhaus Deringer LLP in Paris. He has advised and represented clients in a variety of cases under all major arbitral rules, including in over two dozen investment treaty matters. Ben serves on the Peer Review Board of the ICSID Review, as a Corresponding Editor on the board of International Legal Materials, as a contributor to Investment Claims, and as a Young ICCA Advisory Member. He also publishes and speaks regularly on topics related to both investment and commercial arbitration.
STANLEY LUBMAN
UC Berkeley School of Law
Professor Stanley Lubman is a Distinguished Lecturer in Residence (retired), Berkeley Law School, University of California; Senior Fellow, Miller Institute for Global Challenges and the Law. Stanley Lubman has taught at the University of California (Berkeley) School of Law, Stanford, Columbia, Harvard, the University of Heidelberg, and the School of Oriental and African Studies of the University of London. Professor Lubman advised clients on the People's Republic of China on a wide range of transactions, as well as disputes arbitrated by the China International Economic and Trade Arbitration Commission in Beijing. He is currently writing an online column on Chinese law for the Wall Street Journal’s China Realtime Report. (http:/blogs.wsj.com/chinarealtime/tag/stanley-lubman/). He was advisor on China legal projects to The Asia Foundation from 1998 to 2011. He was trained as a China specialist in the United States and in Hong Kong for four years (1963-67) and has an A.B. degree with honors in history from Columbia College and LL.B., LL.M., and J.S.D. degrees from the Columbia Law School. He has also studied at the Faculty of Law and the Institute of Comparative Law of the University of Paris. His writings on Chinese law and related subjects have been widely published and include China's Legal Reforms (Lubman ed., Oxford University Press, 1996); Bird in a Cage: Legal Reform in China after Mao, (Stanford University Press, 2000); Engaging the Law in China: State, Society, and Possibilities for Justice (co-edited with Neil J. Diamant and Kevin O'Brien, Stanford University Press, 2005) and The Evolution of Law Reform in China: An Uncertain Path (Lubman ed., Edward Elgar, 2012).
HÉCTOR A. MAIRAL
Marval, O’Farrell & Mairal, Buenos Aires; National University of Buenos Aires
Prof. Héctor A. Mairal is a Partner of Marval, O’Farrell & Mairal. He is also Professor of Administrative Law in the National University of Buenos Aires and has authored several books and many articles on administrative law and government contracts. He has acted as counsel and expert witness in international investment arbitrations and litigation and participated in an UNCITRAL work team that prepared a Legislative Guide on Privately Financed Infrastructure Projects. He holds a MCL cum laude from SMU and has received a Lifetime Achievement Award from Chambers.
DAVID MORÁN BOVIO
University of Cadiz
Prof. David Morán Bovio (1957) earned his legal degree from the University of Seville (Spain) (1979) and a PhD in Law (1985). Assistant Professor at the University of Cádiz since 1987; he became a Professor in 2001. David has spent research periods in Hamburg (Max-Planck Institute) with DAAD (1994), Humboldt (1996-1997), and on the Spanish Government (2005-2006) grants. Professors Herber, Drobnig and Basedow were his gastgebers.
SWITHIN MUNYANTWALI
ILI-African Center for Excellence
Mr. Swithin Munyantwali is Vice Chairman of the International Law Institute African Centre for Legal Excellence; Advisor, UNCTAD (Dispute Resolution Program), ABA-UNDP Advisory Board; Counsel to international law firms, and past Arbitrator (ICC); Board Member, Barclays Bank Uganda, International Law Institute; Advisor UN Habitat; Interpol (Bioterrorism); Vice Chairman, Staff Appeals, East African Development Bank. Lectures at Macau University, Hong Kong Law School, Case Western Reserve Law School, University of Pacific McGeorge, World Affairs Council, Loyola Law School, and Peking University. He was educated at St. Joseph’s University (B.Sc Criminal Justice), Case Western Reserve Law School (JD) and Georgetown University Law Centre (LLM). He is licensed in Pennsylvania and a member of the Cosmos Club.
EWELL E. MURPHY, JR.
University of Houston Law Center
Prof. Ewell E. Murphy, Jr. is a retired Senior Partner, and was Chairman of the International Department, of Baker Botts, L.L.P. He is currently an Adjunct Professor at the University of Houston Law Center. He is a graduate of the University of Texas at Austin (B.A., LL.B.) and Oxford University (D. Phil.), which he attended as a Rhodes Scholar. Prof. Murphy has served as Chairman of the ABA Section of International Law and Practice.
MUNA NDULO
Cornell University Law School
Dr. Muna B. Ndulo is an internationally recognized scholar in the fields of constitution making, governance and institution building, human rights and Foreign Direct Investments. He is a Professor of Law at Cornell Law School and Director of the Cornell University’s Institute for African Development. He was formerly Professor of Law and Dean of the School of Law, University of Zambia. For nearly three decades, he has served as a legal advisor to various United Nations agency and missions around the world including the International Trade Law Branch of UNCITRAL, UNDP, UNOMSA, UNAMET, UNAMIK, and UNAMA as well as African Development Bank and IDLO. He has acted as consultant on constitutional law reform to Kenya, Zimbabwe, Somalia and Sudan. He has published about 15 books and over 100 articles in academic journals.
RALPH OMAN
The George Washington University Law School
Prof. Ralph Oman has taught copyright law at the George Washington University Law School since 1993 and was Counsel in the Washington office of Dechert LLP. Before entering private practice, Mr. Oman was the Register of Copyrights of the United States (1985-93), the chief government official charged with administering the U.S. copyright law. Prior to his appointment as Register, Mr. Oman served as Chief Counsel for the Subcommittee on Patents, Copyrights, and Trademarks of the U.S. Senate Judiciary Committee. In his total of 10 years on Capitol Hill working for Senator Hugh Scott of Pennsylvania and Senator Charles Mc. Mathias of Maryland, he participated directly in many legislative enactments, most notably the 1976 revision of the copyright law. Mr. Oman is a graduate of Hamilton College (A.B., 1962) and Georgetown University Law Center (J.D., 1973), where he served as Executive Editor of the Georgetown Journal of International Law, with Professor Don Wallace as faculty advisor. After law school, he clerked for the Honorable C. Stanley Blair on the U.S. District Court for the District of Maryland. Prior to law school, Mr. Oman was a Naval Flight Officer and spent two tours of duty in Vietnam with his squadron. He also was a Foreign Service Officer and served as the Third Secretary of Embassy and Vice Consul in the Eastern Province of Saudi Arabia.
ELIZABETH RINDSKOPF PARKER
University of the Pacific, McGeorge School of Law
Dean Elizabeth Rindskopf Parker served as Dean of Pacific McGeorge School of Law from 2002- 2012. She is a widely-published scholar and frequently-cited expert on matters of national security law and terrorism and has served in key federal government positions, most notably as General Counsel for the National Security Agency, Principal Deputy Legal Adviser, Department of State, and General Counsel for the CIA. She has taught national security law at Case Western Reserve Law School, Cleveland State School of Law and Pacific McGeorge School of Law. Dean Parker currently serves on the National Academy of Sciences’ Roundtable on Scientific Communication and National Security, and the U.S. Public Interest Declassification Board.
DAVIS R. ROBINSON
International Arbitrator
Mr. Davis Robinson served as the Legal Adviser to the United States Department of State from 1981-1985 following nomination by President Ronald Reagan and confirmation by the United States Senate. It was during this period that he first became acquainted with Don Wallace. In later years, Professor Wallace enticed Davis Robinson to Georgetown University Law Center as an Adjunct, and one year the two of them taught a seminar together on “extraterritoriality.” Davis Robinson is an alumnus of Yale College and Harvard Law School and is currently a Senior Counsel at the Washington, D.C. law firm of Crowell & Moring LLP.
CHARLES B. ROSENBERG
White & Case LLP, Washington, D.C.
Mr. Charles B. Rosenberg is an Associate at White & Case LLP in Washington, DC. He is an Assistant Editor of the World Arbitration & Mediation Review and a founding Member of CPR’s Y-ADR Steering Committee. Mr. Rosenberg graduated first in his class, summa cum laude, and Order of the Coif from the American University Washington College of Law.
NICHOLAS ROSTOW
Center for Strategic Research Institute for National Strategic Studies, National Defense University
Dr. Nicholas Rostow is Distinguished Research Professor at the National Defense University, Senior Director of the Center for Strategic Research, and a Senior Research Scholar at the Yale Law School. Professor Rostow served for more than 4 years as University Counsel and Vice Chancellor for Legal Affairs and tenured full professor at the State University of New York; General Counsel and Senior Policy Adviser to the U.S. Permanent Representative to the United Nations, 2001-05; Charles H. Stockton Chair in International Law, U.S. Naval War College, 2001; Staff Director, Senate Select Committee on Intelligence, 1999-2000; Counsel and Deputy Staff Director to the House Select Committee on Military/Commercial Concerns with the People’s Republic of China, 1998-99; Special Assistant to Presidents Reagan and George H.W. Bush for National Security Affairs and Legal Adviser to the National Security Council under Colin Powell and Brent Scowcroft, 1987-93; and Special Assistant to the Legal Adviser, U.S. Department of State, 1985-1987. He earned his B.A., from Yale in 1972, and his Ph.D. in history and J.D., also from Yale. His publications are in the fields of diplomatic history, international law, and issues of U.S. national security and foreign policy.
NOAH RUBINS
Freshfields Bruckhaus Deringer, Paris
Mr. Noah Rubins is a Partner in the international arbitration and public international law groups of Freshfields Bruckhaus Deringer LLP in Paris, and the head of Freshfields’ CIS/Russia Dispute Resolution Group. He has advised and represented clients in arbitrations under ICSID, ICSID Additional Facility, ICC, AAA, SCC, LCIA, ICAC, and UNCITRAL rules. He specializes in investment arbitration, particularly under the auspices of bilateral investment treaties and NAFTA. He has served as Arbitrator in 30 cases, including two investment treaty disputes. Noah has published widely in the field of arbitration, and is a frequent conference speaker as well. He is Global Professor of Law at the University of Dundee and has also served as an Adjunct Professor of law at Georgetown Law Center in Washington, DC.
STEPHEN M. SCHWEBEL
President of the International Court of Justice (1997-2000)
Judge Stephen M. Schwebel is a leading figure in the fields of public international law and international arbitration. He is an Independent Arbitrator and Counsel in Washington, D.C., a Door Tenant of Essex Court Chambers in London, and an Honorary Bencher of Gray’s Inn. A Judge of the International Court of Justice 1981-2000, and the Court’s President 1997-2000, he has served as President of the World Bank Administrative Tribunal since October 2010. Judge Schwebel is author of some 200 articles on international law and arbitration. He graduated from Harvard College, studied international law at Cambridge University, and received an LLB from Yale Law School. He is a member of the bars of the State of New York and the District of Columbia.
DAVID N. SMITH
School of Law at Singapore Management University
Prof. David N. Smith is Practice Professor of Law at Singapore Management University. He served for many years as Assistant Dean for International Legal Studies and Vice-Dean at Harvard Law School where he taught courses on transnational companies and he has served as an advisor on foreign investment and natural resource policy in many developing countries around the world. David takes special pride in his long association with Professor Wallace’s African Centre for Legal Excellence in Kampala.
STANISŁAW SOŁTYSIŃSKI
University of Poznan Law School
Prof. Stanisław Sołtysiński is a former Professor of Law and Dean of A. Mickiewicz University Law School (Poznań). As a British Council scholar, he studied at LSE, Oxford, and Cambridge (1966-1967). In 1973-74, he completed an LLM program at Columbia Law School. He was teaching as a Visiting Professor at Pennsylvania Law School, College of Europe and Frankfurt University. He is a co-founder of Sołtysiński Kawecki & Szlęzak Legal Advisors a leading Polish law firm. Professor specializes in the field of company law and arbitration. He is a member of Polish Academy of Arts and Sciences, European Academy of Sciences and Arts (Salzburg) and Academia Europea (London). He served as a member of UNIDROIT Governing Council and Poland’s Codification Commission.
PAUL B. STEPHAN
University of Virginia Law School
Prof. Paul B. Stephan is the John C. Jeffries, Jr., Distinguished Professor, the David H. Ibbeken ’71 Research Professor, and Director of Graduate Studies at the University of Virginia School of Law. He joined the Virginia faculty in 1979. During 2006-07 he served as Counselor on International Law to the Legal Adviser of the State Department. He collaborated with Don Wallace on a casebook, International Economics and Business: Law and Policy, the first edition of which appeared in 1993. Stephan currently is serving as coordinator Reporter of the Restatement Fourth, The Foreign Relations Law of the United States.
DAVID P. STEWART
Georgetown University Law Center
Prof. David P. Stewart is Visiting Professor of Law, Georgetown University Law Center. Member, Inter-American Juridical Committee; President-Elect, American Branch of the International Law Association; vice-president, American Association of Private International Law (ASADIP); Board of Editors, American Journal of International Law, Member at Large, ABA Section of International Law’s Executive Council.
TERRENCE P. STEWART
Law Offices of Stewart and Stewart, Washington D.C.
Mr. Terence P. Stewart is the Managing Partner of the Law Offices of Stewart and Stewart, a Washington-based trade law and government relations firm. Among Mr. Stewart’s over 100 publications is the widely cited work in WTO proceedings, The GATT Uruguay Round: A Negotiating History (1986-1992)(Vols. I-III); The End Game (Part I)(Vol. IV). Stewart has served as President of the Federal Circuit Bar Association, President of the Customs and International Trade Bar Association, a member of the U.S. Court of Appeals for the Federal Circuit’s Advisory Council, and Chairman of the U.S. Court of International Trade Rule Committee. Mr. Stewart was an Adjunct Professor at Georgetown University Law Center for nearly 20 years through 2012.
DAVID TOLBERT
International Center of Transitional Justice
Mr. David Tolbert is President, International Center of Transitional Justice; formerly, Registrar (UN Assistant Secretary-General), Special Tribunal for Lebanon; UN Assistant Secretary-General and Special Expert to the UN Secretary-General on the Extraordinary Chambers in the Courts of Cambodia (ECCC); Deputy Chief Prosecutor, Deputy Registrar, Chef de Cabinet to the President, International Tribunal for the former Yugoslavia (ICTY); Executive Director, American Bar Association Central European and Eurasian Law Initiative (ABA-CEELI).
DETLEV F. VAGTS
Harvard Law School
Prof. Detlev F. Vagts, one of the world’s foremost experts on transnational and international business law and considered one of the fathers of transnationalism, passed away on August 20, 2013, while completing the piece contained in this volume. Professor Vagts taught at Harvard Law School for 46 years, where he was named the Bemis Professor of International Law, and directed Harvard’s joint J.D./M.B.A. program from 1969 to 2005. During his career, Professor Vagts wrote or edited over 50 volumes, including leading case books “Transnational Legal Problems” (soon to be in its fifth edition) and Transnational Business Problems; as well as dozens of published articles. His The International Legal Profession: A Need for More Governance? (American Journal of International Law, 1996) has been particularly influential. Professor Vagts served as a Counselor on International law in the U.S. Department of State’s Office of the Legal Advisor. He also served as an associate reporter of the Restatement (Third) of Foreign Relations Law of the United States, and as editor in chief (with Theodor Meron) of the American Journal of International Law from 1993 to 1998. Prior to Harvard, Professor Vagts was in private practice at Cahill Gordon & Reindel in New York City and was a judge advocate in the United States Air Force. Professor Vagts was the 1991 co-recipient of the Max Planck Research Award for outstanding international research achievements.
CHARLES OWEN VERRILL JR.
Wiley Rein LLP
Mr. Charles O. Verrill Jr. is Of Counsel and Chair Emeritus of the international trade law and policy practice group of Wiley, Rein & Fielding, in Washington, D.C. Mr. Verrill has served as a Trustee of the International Law Institute since 1981, as an Adjunct Professor teaching International Trade Law and Regulation at the Georgetown University Law Center since 1978 (where he was named the Charles Fahy Distinguished Adjunct Professor in 1993), and Adjunct Professor at Duke Law since 1998. He became a member of the Law School's Board of Visitor's in 2000. Mr. Verrill received his B.A. from Tufts University, and his J.D. from Duke Law.
PATRICIA MCGOWAN WALD
Chief Judge for the United States Court of Appeals for the District of Columbia Circuit (ret.)
Judge Patricia McGowan Wald served as a Judge (1979-1999) and Chief Judge (1986-1991) of the United States Court of Appeals for the District of Columbia Circuit. A graduate of Yale Law School, she was a member of the American Bar Association’s Central and Eastern European Law Initiative from 1993-1999 working on constitutional and judicial reform in that region’s emerging democracies. In 1999 she was appointed by U.N. Secretary General Koffi Annnan to serve as a Justice on the International Criminal Tribunal for the former Yugoslavia where she heard the first I CTY Srebrenica genocide trial. From 2002-2012 she served on the governing board of the Open Society’s Justice Initiative and as Co-Chair to the Advisory Committee of DLA Piper’s New Perimeter, specializing in global pro bono projects.
REBECCA M.M. WALLACE
Robert Gordon University Department of Law
Prof. Rebecca M.M. Wallace, MA, LL.B., Ph.D. is Research Professor of International Human Rights and Justice, Robert Gordon University, Aberdeen. In academia for thirty-eight years she has specialised in international human rights law and has conducted research and written extensively on a wide range of issues including the international protection afforded to marginalised groups, corporate social responsibility, sustainable development, migration and human trafficking. Professor Wallace serves as a Judge of the First tier Tribunal (Asylum and Immigration).
TODD WEILER
Barrister & Solicitor
Dr. Todd Weiler is an International Lawyer whose practice focuses exclusively on investment treaty law. Called to the Bar of Ontario in 1999, he has served as counsel, consulting expert and arbitrator in dozens of international disputes between investors and States. Also in 1999, he founded one of the field’s first websites: NAFTAClaims.com. In 2006, he cofounded the popular commercial web site, Investmentclaims.com, and in 2007 he founded the Juris Conference Symposium on International Investment Law & Arbitration, held annually in Washington, D.C. Dr. Weiler is acclaimed for his expertise in the practice of NAFTA and CAFTA investment arbitration, and for his scholarship on the doctrine of treaty interpretation and on the history of foreign investment protection in international law.
STEPHEN F. WILLIAMS
Court of Appeals for the D.C. Circuit
Judge Stephen F. Williams practiced law in New York City and then taught law at the University of Colorado Law School from 1969 to 1986, with visiting years at UCLA, SMU, and the University of Chicago (where he was also a fellow in law and economics). He was appointed to the U.S. Court of Appeals for the D.C. Circuit in 1986. His 2006 book, Liberal Reform in an Illiberal Regime: The Creation of Private Property in Russia, 1906-1915 (Hoover), tries to extend the basic insights of the law and economics movement to problems of governance and political change. Recent publications include Transitions into—and out of—Liberal Democracy, 5 NYU Journal of Law and Liberty 245 (2010); A Kadet’s Critique of the Kadet Party: Vasily Maklakov, 23 Revolutionary Russia 29 (2010). He is currently working on a biography of Vasily Maklakov, a lawyer, legislator and public intellectual who sought to advance the rule of law in Russia before the Bolshevik revolution.
TORE WIWEN-NILSSON
Independent Arbitrator, Sweden
Mr. Tore Wiwen-Nilsson is a Swedish Lawyer having been for many years a Partner of the leading Swedish Law firm Mannheimer Swartling. He is now practising as an Arbitrator in domestic and international arbitrations. He has for many years been Chairman of Working Group I of the United Nations Commission on International Trade Law (UNCITRAL), and he has been Chairman of UNCITRAL (2003/2004) and Vice Chairman of UNCITRAL 2010/2011 and 2012/2013. More information can be found at is www.independentarbitrator.se.
CHRISTOPHER R. YUKINS
George Washington University Law School
Prof. Christopher R. Yukins, of The George Washington University Law School, is a Faculty Advisor to the Public Contract Law Journal, and is a member of the editorial board of the European Procurement & Public-Private Partnership Law Review. He has worked on a number of projects with the World Bank and the European Bank for Reconstruction and Development (EBRD) on capacity-building in procurement, and was an advisor to the U.S. delegation to the working group on reform of the UNCITRAL Model Procurement Law. Together with Dean Daniel Gordon and Professor Steven Schooner, he runs a colloquium series on procurement reform at The George Washington University Law School. In private practice, Professor Yukins has been an associate, partner and counsel at leading national firms; he is currently of counsel to the firm of Arnold & Porter LLP.
Author/Editor Detail:
About the Editors
Borzu Sabahi
Curtis, Mallet-Prevost, Colt & Mosle, Washington D.C.
Dr. Borzu Sabahi is an Attorney in the International Arbitration Group of Curtis Mallet-Prevost Colt & Mosle LLP. He principally acts as counsel and expert in international arbitrations pursuant to bilateral and multilateral investment treaties in such fields as oil & gas, mining, construction and telecommunications. He is an Adjunct Professor at Georgetown University Law Center and Columbia Law School where he co-teaches seminars on investor-State arbitration. He is Co-Director of the International Investment Law Center at the ILI, and an Editor of Oxford’s Investment Claims website.
NICHOLAS J. BIRCH
Law Offices of Stewart and Stewart, Washington D.C.
Mr. Nicholas J. Birch is an Associate at the Law Offices of Stewart and Stewart in Washington, D.C. and a J.D./M.B.A graduate from Georgetown University. Mr. Birch has practiced in trade remedies and international investment law. He has also been involved in research and writing on international investment, arbitration, and trade law and development, and has been featured in multiple books and articles.
IAN A. LAIRD
Crowell & Moring, Washington D.C.
Mr. Ian A. Laird, a Partner in the International Dispute Resolution Group of Crowell & Moring, is a D.C.-licensed Special Legal Consultant based in the firm's Washington office. Ian is recognized as a leading practitioner in the arbitration field by the International Who's Who of Commercial Arbitration Lawyers 2014. He is the Co-Founder and Editor-in-Chief of a leading website resource in the field of investment arbitration, InvestmentClaims.com (published by Oxford University Press). He is Co-Editor of the book series, Investment Treaty Arbitration and International Law, (with volume 6 recently published by Juris Publishing). He is currently serving as an Adjunct Professor of Law at the Georgetown University Law Center.
JOSÉ ANTONIO RIVAS
Arnold & Porter, Washington D.C.
Dr. José Antonio Rivas is an Associate in Arnold & Porter LLP's International Arbitration Group. He has served as counsel in investment treaty cases and international commercial arbitrations representing sovereign clients, as well as private parties in cases related to the energy sector, powerships, mining services, the financial industry, the health care provider industry, and road and railway concessions. His practice benefits from his experience as former ICSID Counsel, and former Director of Foreign Investment of the Colombian Trade Ministry where he coordinated the prevention of investment disputes and the response of the in case of international investment arbitration, and negotiated bilateral investment treaties and trade agreements on behalf of Colombia. He is a Member of ICSID’s Panels of Conciliators, an Adjunct Professor of Investment Treaty Arbitration, Public International Law, and Landmark Judgments of the ICJ at Georgetown University Law Center, and he regularly teaches and train public officials from Latin American and other regions on investment treaty implementation and prevention of investment disputes.
About the Contributors
CHARLES F. ABERNATHY
Georgetown University Law Center
Prof. Charles F. Abernathy is a Professor of Law at Georgetown University Law Center and also serves as Director of the International Law Institute’s Orientation in the U.S. Legal System. His publications include the first modern casebook for foreign lawyers studying U.S. law (Law in The United States, 2006, forthcoming 2d. ed. 2014) and a widely used casebook on civil rights law (Civil Rights and Constitutional Litigation, 2014). He holds A.B., J.D., and LL.M. degrees from Harvard University.
YONAH ALEXANDER
Potomac Institute for Policy Studies
Prof. Yonah Alexander serves as a Senior Fellow at the Potomac Institute for Policy Studies, Director of its International Center for Terrorism Studies, and as a member of the Board of Regents. Concurrently, he is Director of the Inter-University Center for Terrorism Studies and Co-Director of the Inter-University Center for Legal Studies. Educated at Columbia University (PhD), the University of Chicago (MA), and Roosevelt University of Chicago (BA), Professor Alexander has lectured in more than 40 major universities and institutions worldwide. Additionally, he has served as academic advisor to governments and international organizations. He is founder and editor-in-chief of three academic international journals: Terrorism; Minorities and Group Rights; and Political Communication and Persuasion. He also has published over 100 books and his works have been translated into more than two dozen languages. He has received numerous academic and professional awards.
STANIMIR A. ALEXANDROV
Sidley Austin, Washington, D.C.
Dr. Stanimir Alexandrov is the Co-Chair of Sidley’s International Arbitration Practice. Mr. Alexandrov focuses his practice in the areas of international dispute resolution, including investor-state arbitration and international commercial arbitration. He has represented private parties and governments in arbitrations before the International Centre for Settlement of Investment Disputes (ICSID), as well as in ICC, UNCITRAL, and AAA international arbitrations. Mr. Alexandrov has been appointed to the ICSID Panel of Arbitrators and serves as an arbitrator in cases under the arbitration rules of ICSID, the ICC, the London Court of International Arbitration, and UNCITRAL. He is a professor at the George Washington University Law School in Washington, D.C., where he teaches courses on international law and dispute settlement. Prior to private practice, Mr. Alexandrov was Vice Minister of Foreign Affairs of Bulgaria.
TUĞRUL ANSAY
Koç University, Istanbul
Prof. Dr. Tuğrul Ansay, M.C.L., LL.M. (Columbia Univ.) is the Founding Dean of the Koc University Law School, İstanbul and Judge, International Court of Arbitration, den Hague. He is also the general editor (together with Don Wallace, Jr.) of a series of books on the introduction to the laws of different countries.
SADIE BLANCHARD
Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law
Ms. Sadie Blanchard is a Research Fellow at the Max Planck Institute for International, European and Regulatory Procedural Law in Luxembourg. Previously, she practiced in the field of international arbitration, with an emphasis on investor-State arbitration. She has a J.D. from Yale Law School and is a member of the New York Bar.
GARY BORN
Wilmer Cutler Pickering Hale and Dorr LLP
Mr. Gary Born is the world’s leading authority on international arbitration and litigation. He is the author of International Commercial Arbitration (2nd ed. 2014), International Arbitration: Law and Practice (2013) and numerous other works on international dispute resolution. Mr. Born is also the Chair of the International Arbitration Practice Group at Wilmer Cutler Pickering Hale and Dorr LLP and has been ranked for the past 20 years as one of the world's leading international arbitration practitioners. He has participated in more than 550 international arbitrations, including four of the largest ICC arbitrations and several of the most significant ad hoc arbitrations in recent history. He is a Professor of Law at University of St. Gallen Law School and teaches regularly at law schools in Europe, Asia and North America.
CHARLES N. BROWER
20 Essex Street Chambers, London
Judge Charles N. Brower, Judge, Iran–United States Claims Tribunal, The Hague, Netherlands; Judge Ad Hoc, Inter-American Court of Human Rights, San Jose, Costa Rica; Arbitrator Member, 20 Essex Street Chambers, London, England; formerly Acting Legal Adviser, United States Department of State; Deputy Special Counselor to the President of the United States; President, ASIL; Chairman, ITA; recipient of ASIL's Hudson Medal, Berkeley’s Riesenfeld Memorial Award, the ABA Section of International Law’s Lifetime Achievement Award and the ITA’s Pat Murphy Award.
ROY E. BROWNELL II
Attorney, Washington, D.C.
Mr. Roy E. Brownell II studied under Professor Wallace at Georgetown University Law Center. Mr. Brownell is an Attorney in Washington, D.C. who has contributed pieces on separation of powers to books, such as The Encyclopedia of the American Presidency (Michael Genovese, editor), and journals such as American University Law Review, the University of Virginia’s Journal of Law & Politics, the Journal of National Security Law & Policy, Presidential Studies Quarterly and St. John’s Law Review.
HAROLD S. BURMAN
Office of the Legal Adviser, U.S. Department of State
Mr. Harold S. Burman is a recently retired career Attorney at the State Department. His areas of expertise include foreign relations law, public international law and private international law and U.S. funded projects abroad. Mr. Burman headed U.S. delegations on commercial finance, letters of credit, electronic commerce, investment securities, Cape Town Treaty protocols on aircraft, railroad and outer space asset finance, and commercial arbitration as well as recovery of cultural property. He achieved a JD from the University of Chicago law School with emphasis on comparative law, and post-graduate work on French and Soviet law.
GEORGE C. CHRISTIE
Duke Law School
Prof. George C. Christie, James B. Duke Professor of Law Emeritus at Duke University, holds degrees from Columbia, Harvard, and Cambridge. He has been a Fellow at the National Humanities Center in the United States and at the School of Social Research at the Australian National University. His legal career has spanned more than fifty-five years in private practice, government, and academia. He has been a visiting professor at universities in South Africa, New Zealand, China, Germany, and Greece as well as at a number of American universities. He has both taught, and written extensively on, International and Comparative Law, Torts, and Legal Theory.
THOMAS C. FISCHER
Seattle University School of Law
Prof. Thomas C. Fischer was educated at the universities of Cincinnati and Washington and Georgetown Law Center. During his 40-plus-year academic career, as administrator, professor, author, and consultant, he has served eleven institutions in the U.S. and overseas; including fellowships at Wolfson College, Cambridge and the Inns of Court, London. His most recent books include a trilogy about the United States, the European Union, and globalization and Legal Gridlock; a critique of the American legal system. He is presently Senior Fellow at Seattle University’s Center for Global Justice.
PIERRE GUISLAIN
The World Bank Group
Mr. Pierre Guislain, a Belgian national, is Senior Director of the World Bank Group’s Transport and Information & Communication Technologies Global Practice, providing support to developing countries in improving their connectivity and competitiveness by linking people to markets, services and employment opportunities. Prior to this, Pierre led the World Bank Group's Investment Climate Department, which focuses on reforming business regulations and unlocking investment opportunities in developing countries and emerging markets. Pierre has written on private sector development, foreign direct investment, information and communication technologies, infrastructure sector reform, and privatization. He holds an MPA in Economics and Public Policy from Princeton University and a graduate law degree from the University of Louvain (UCL, Belgium).
LUKÁŠ HODER
Kocián, Šolc, Balaštík, Prague
Mr. Lukáš Hoder works as an Associate at the law firm Kocián, Šolc, Balaštík in Prague, Czech Republic. He specializes in dispute resolution, fundamental rights and public international law. He co-founded the Czech Center for Human Rights and Democratization where he focuses on human rights and business issues and foreign relations law matters. Lukas Hoder holds LL.M. degree from Georgetown Law School and master’s degrees in both law and international relations from Masaryk University, Czech Republic.
NORBERT HORN
University of Cologne
Prof. Norbert Horn is an Independent Arbitrator and Legal Counsel and Professor Emeritus of business and banking law and legal philosophy at the University of Cologne Faculty of Law. He is Director of the Banking Law Institute at that University and director of ADIC Arbitration Documentation and Information Center (ADIC), Cologne. He was a Visiting Professor at numerous law faculties abroad including Georgetown University Law Center and China University of Politics and Law, Beijing, where he is honorary professor since 1996.
MARK KANTOR
Georgetown University Law Center
Mr. Mark Kantor is an International Arbitrator, Adjunct Professor at Georgetown University Law Center; Editor-in-Chief of Transnational Dispute Management; Vice-Chair of DC Bar International Dispute Resolution Committee; and a retired Project Finance Partner of Milbank, Tweed, Hadley & McCloy. He serves on the AAA Board of Directors. Mr. Kantor has authored numerous works, including Reports of Overseas Private Investment Corporation Determinations and Valuation for Arbitration.
STUART KERR
Millennium Challenge Corporation
Mr. Stuart Kerr is Director, Legal and Regulatory, of the Millennium Challenge Corporation, an independent U.S. Government foreign aid agency that provides large grants to a small number of better governed developing countries. He was previously Senior Counsel at the Department of Commerce’s Commercial Law Development Program and served as Executive Director of the International Law Institute for 15 years. He received his J.D. from Georgetown University. He has worked exclusively in the field of development law for over 30 years.
ALEXANDER KOMAROV
Private International Law Dept., Russian Academy of Foreign Trade
Prof. Alexander Komarov had worked as Legal Adviser on foreign commercial law and private international law at the USSR Ministry of Foreign Trade since 1972. Now he is Professor and Head of Private Law Chair at the Russian Academy for Foreign Trade (since 1989). From 1993 to 2010 he was the President of the International Commercial Arbitration Court at the Russian Federation Chamber of Commerce and Industry (ICAC). Presently he is Member of Advisory Council on Civil Law Codification at the President of the Russian Federation.
BEN LOVE
Freshfields Bruckhaus Deringer, Paris
Mr. Ben Love is a Senior Associate in the international arbitration and public international law groups of Freshfields Bruckhaus Deringer LLP in Paris. He has advised and represented clients in a variety of cases under all major arbitral rules, including in over two dozen investment treaty matters. Ben serves on the Peer Review Board of the ICSID Review, as a Corresponding Editor on the board of International Legal Materials, as a contributor to Investment Claims, and as a Young ICCA Advisory Member. He also publishes and speaks regularly on topics related to both investment and commercial arbitration.
STANLEY LUBMAN
UC Berkeley School of Law
Professor Stanley Lubman is a Distinguished Lecturer in Residence (retired), Berkeley Law School, University of California; Senior Fellow, Miller Institute for Global Challenges and the Law. Stanley Lubman has taught at the University of California (Berkeley) School of Law, Stanford, Columbia, Harvard, the University of Heidelberg, and the School of Oriental and African Studies of the University of London. Professor Lubman advised clients on the People's Republic of China on a wide range of transactions, as well as disputes arbitrated by the China International Economic and Trade Arbitration Commission in Beijing. He is currently writing an online column on Chinese law for the Wall Street Journal’s China Realtime Report. (http:/blogs.wsj.com/chinarealtime/tag/stanley-lubman/). He was advisor on China legal projects to The Asia Foundation from 1998 to 2011. He was trained as a China specialist in the United States and in Hong Kong for four years (1963-67) and has an A.B. degree with honors in history from Columbia College and LL.B., LL.M., and J.S.D. degrees from the Columbia Law School. He has also studied at the Faculty of Law and the Institute of Comparative Law of the University of Paris. His writings on Chinese law and related subjects have been widely published and include China's Legal Reforms (Lubman ed., Oxford University Press, 1996); Bird in a Cage: Legal Reform in China after Mao, (Stanford University Press, 2000); Engaging the Law in China: State, Society, and Possibilities for Justice (co-edited with Neil J. Diamant and Kevin O'Brien, Stanford University Press, 2005) and The Evolution of Law Reform in China: An Uncertain Path (Lubman ed., Edward Elgar, 2012).
HÉCTOR A. MAIRAL
Marval, O’Farrell & Mairal, Buenos Aires; National University of Buenos Aires
Prof. Héctor A. Mairal is a Partner of Marval, O’Farrell & Mairal. He is also Professor of Administrative Law in the National University of Buenos Aires and has authored several books and many articles on administrative law and government contracts. He has acted as counsel and expert witness in international investment arbitrations and litigation and participated in an UNCITRAL work team that prepared a Legislative Guide on Privately Financed Infrastructure Projects. He holds a MCL cum laude from SMU and has received a Lifetime Achievement Award from Chambers.
DAVID MORÁN BOVIO
University of Cadiz
Prof. David Morán Bovio (1957) earned his legal degree from the University of Seville (Spain) (1979) and a PhD in Law (1985). Assistant Professor at the University of Cádiz since 1987; he became a Professor in 2001. David has spent research periods in Hamburg (Max-Planck Institute) with DAAD (1994), Humboldt (1996-1997), and on the Spanish Government (2005-2006) grants. Professors Herber, Drobnig and Basedow were his gastgebers.
SWITHIN MUNYANTWALI
ILI-African Center for Excellence
Mr. Swithin Munyantwali is Vice Chairman of the International Law Institute African Centre for Legal Excellence; Advisor, UNCTAD (Dispute Resolution Program), ABA-UNDP Advisory Board; Counsel to international law firms, and past Arbitrator (ICC); Board Member, Barclays Bank Uganda, International Law Institute; Advisor UN Habitat; Interpol (Bioterrorism); Vice Chairman, Staff Appeals, East African Development Bank. Lectures at Macau University, Hong Kong Law School, Case Western Reserve Law School, University of Pacific McGeorge, World Affairs Council, Loyola Law School, and Peking University. He was educated at St. Joseph’s University (B.Sc Criminal Justice), Case Western Reserve Law School (JD) and Georgetown University Law Centre (LLM). He is licensed in Pennsylvania and a member of the Cosmos Club.
EWELL E. MURPHY, JR.
University of Houston Law Center
Prof. Ewell E. Murphy, Jr. is a retired Senior Partner, and was Chairman of the International Department, of Baker Botts, L.L.P. He is currently an Adjunct Professor at the University of Houston Law Center. He is a graduate of the University of Texas at Austin (B.A., LL.B.) and Oxford University (D. Phil.), which he attended as a Rhodes Scholar. Prof. Murphy has served as Chairman of the ABA Section of International Law and Practice.
MUNA NDULO
Cornell University Law School
Dr. Muna B. Ndulo is an internationally recognized scholar in the fields of constitution making, governance and institution building, human rights and Foreign Direct Investments. He is a Professor of Law at Cornell Law School and Director of the Cornell University’s Institute for African Development. He was formerly Professor of Law and Dean of the School of Law, University of Zambia. For nearly three decades, he has served as a legal advisor to various United Nations agency and missions around the world including the International Trade Law Branch of UNCITRAL, UNDP, UNOMSA, UNAMET, UNAMIK, and UNAMA as well as African Development Bank and IDLO. He has acted as consultant on constitutional law reform to Kenya, Zimbabwe, Somalia and Sudan. He has published about 15 books and over 100 articles in academic journals.
RALPH OMAN
The George Washington University Law School
Prof. Ralph Oman has taught copyright law at the George Washington University Law School since 1993 and was Counsel in the Washington office of Dechert LLP. Before entering private practice, Mr. Oman was the Register of Copyrights of the United States (1985-93), the chief government official charged with administering the U.S. copyright law. Prior to his appointment as Register, Mr. Oman served as Chief Counsel for the Subcommittee on Patents, Copyrights, and Trademarks of the U.S. Senate Judiciary Committee. In his total of 10 years on Capitol Hill working for Senator Hugh Scott of Pennsylvania and Senator Charles Mc. Mathias of Maryland, he participated directly in many legislative enactments, most notably the 1976 revision of the copyright law. Mr. Oman is a graduate of Hamilton College (A.B., 1962) and Georgetown University Law Center (J.D., 1973), where he served as Executive Editor of the Georgetown Journal of International Law, with Professor Don Wallace as faculty advisor. After law school, he clerked for the Honorable C. Stanley Blair on the U.S. District Court for the District of Maryland. Prior to law school, Mr. Oman was a Naval Flight Officer and spent two tours of duty in Vietnam with his squadron. He also was a Foreign Service Officer and served as the Third Secretary of Embassy and Vice Consul in the Eastern Province of Saudi Arabia.
ELIZABETH RINDSKOPF PARKER
University of the Pacific, McGeorge School of Law
Dean Elizabeth Rindskopf Parker served as Dean of Pacific McGeorge School of Law from 2002- 2012. She is a widely-published scholar and frequently-cited expert on matters of national security law and terrorism and has served in key federal government positions, most notably as General Counsel for the National Security Agency, Principal Deputy Legal Adviser, Department of State, and General Counsel for the CIA. She has taught national security law at Case Western Reserve Law School, Cleveland State School of Law and Pacific McGeorge School of Law. Dean Parker currently serves on the National Academy of Sciences’ Roundtable on Scientific Communication and National Security, and the U.S. Public Interest Declassification Board.
DAVIS R. ROBINSON
International Arbitrator
Mr. Davis Robinson served as the Legal Adviser to the United States Department of State from 1981-1985 following nomination by President Ronald Reagan and confirmation by the United States Senate. It was during this period that he first became acquainted with Don Wallace. In later years, Professor Wallace enticed Davis Robinson to Georgetown University Law Center as an Adjunct, and one year the two of them taught a seminar together on “extraterritoriality.” Davis Robinson is an alumnus of Yale College and Harvard Law School and is currently a Senior Counsel at the Washington, D.C. law firm of Crowell & Moring LLP.
CHARLES B. ROSENBERG
White & Case LLP, Washington, D.C.
Mr. Charles B. Rosenberg is an Associate at White & Case LLP in Washington, DC. He is an Assistant Editor of the World Arbitration & Mediation Review and a founding Member of CPR’s Y-ADR Steering Committee. Mr. Rosenberg graduated first in his class, summa cum laude, and Order of the Coif from the American University Washington College of Law.
NICHOLAS ROSTOW
Center for Strategic Research Institute for National Strategic Studies, National Defense University
Dr. Nicholas Rostow is Distinguished Research Professor at the National Defense University, Senior Director of the Center for Strategic Research, and a Senior Research Scholar at the Yale Law School. Professor Rostow served for more than 4 years as University Counsel and Vice Chancellor for Legal Affairs and tenured full professor at the State University of New York; General Counsel and Senior Policy Adviser to the U.S. Permanent Representative to the United Nations, 2001-05; Charles H. Stockton Chair in International Law, U.S. Naval War College, 2001; Staff Director, Senate Select Committee on Intelligence, 1999-2000; Counsel and Deputy Staff Director to the House Select Committee on Military/Commercial Concerns with the People’s Republic of China, 1998-99; Special Assistant to Presidents Reagan and George H.W. Bush for National Security Affairs and Legal Adviser to the National Security Council under Colin Powell and Brent Scowcroft, 1987-93; and Special Assistant to the Legal Adviser, U.S. Department of State, 1985-1987. He earned his B.A., from Yale in 1972, and his Ph.D. in history and J.D., also from Yale. His publications are in the fields of diplomatic history, international law, and issues of U.S. national security and foreign policy.
NOAH RUBINS
Freshfields Bruckhaus Deringer, Paris
Mr. Noah Rubins is a Partner in the international arbitration and public international law groups of Freshfields Bruckhaus Deringer LLP in Paris, and the head of Freshfields’ CIS/Russia Dispute Resolution Group. He has advised and represented clients in arbitrations under ICSID, ICSID Additional Facility, ICC, AAA, SCC, LCIA, ICAC, and UNCITRAL rules. He specializes in investment arbitration, particularly under the auspices of bilateral investment treaties and NAFTA. He has served as Arbitrator in 30 cases, including two investment treaty disputes. Noah has published widely in the field of arbitration, and is a frequent conference speaker as well. He is Global Professor of Law at the University of Dundee and has also served as an Adjunct Professor of law at Georgetown Law Center in Washington, DC.
STEPHEN M. SCHWEBEL
President of the International Court of Justice (1997-2000)
Judge Stephen M. Schwebel is a leading figure in the fields of public international law and international arbitration. He is an Independent Arbitrator and Counsel in Washington, D.C., a Door Tenant of Essex Court Chambers in London, and an Honorary Bencher of Gray’s Inn. A Judge of the International Court of Justice 1981-2000, and the Court’s President 1997-2000, he has served as President of the World Bank Administrative Tribunal since October 2010. Judge Schwebel is author of some 200 articles on international law and arbitration. He graduated from Harvard College, studied international law at Cambridge University, and received an LLB from Yale Law School. He is a member of the bars of the State of New York and the District of Columbia.
DAVID N. SMITH
School of Law at Singapore Management University
Prof. David N. Smith is Practice Professor of Law at Singapore Management University. He served for many years as Assistant Dean for International Legal Studies and Vice-Dean at Harvard Law School where he taught courses on transnational companies and he has served as an advisor on foreign investment and natural resource policy in many developing countries around the world. David takes special pride in his long association with Professor Wallace’s African Centre for Legal Excellence in Kampala.
STANISŁAW SOŁTYSIŃSKI
University of Poznan Law School
Prof. Stanisław Sołtysiński is a former Professor of Law and Dean of A. Mickiewicz University Law School (Poznań). As a British Council scholar, he studied at LSE, Oxford, and Cambridge (1966-1967). In 1973-74, he completed an LLM program at Columbia Law School. He was teaching as a Visiting Professor at Pennsylvania Law School, College of Europe and Frankfurt University. He is a co-founder of Sołtysiński Kawecki & Szlęzak Legal Advisors a leading Polish law firm. Professor specializes in the field of company law and arbitration. He is a member of Polish Academy of Arts and Sciences, European Academy of Sciences and Arts (Salzburg) and Academia Europea (London). He served as a member of UNIDROIT Governing Council and Poland’s Codification Commission.
PAUL B. STEPHAN
University of Virginia Law School
Prof. Paul B. Stephan is the John C. Jeffries, Jr., Distinguished Professor, the David H. Ibbeken ’71 Research Professor, and Director of Graduate Studies at the University of Virginia School of Law. He joined the Virginia faculty in 1979. During 2006-07 he served as Counselor on International Law to the Legal Adviser of the State Department. He collaborated with Don Wallace on a casebook, International Economics and Business: Law and Policy, the first edition of which appeared in 1993. Stephan currently is serving as coordinator Reporter of the Restatement Fourth, The Foreign Relations Law of the United States.
DAVID P. STEWART
Georgetown University Law Center
Prof. David P. Stewart is Visiting Professor of Law, Georgetown University Law Center. Member, Inter-American Juridical Committee; President-Elect, American Branch of the International Law Association; vice-president, American Association of Private International Law (ASADIP); Board of Editors, American Journal of International Law, Member at Large, ABA Section of International Law’s Executive Council.
TERRENCE P. STEWART
Law Offices of Stewart and Stewart, Washington D.C.
Mr. Terence P. Stewart is the Managing Partner of the Law Offices of Stewart and Stewart, a Washington-based trade law and government relations firm. Among Mr. Stewart’s over 100 publications is the widely cited work in WTO proceedings, The GATT Uruguay Round: A Negotiating History (1986-1992)(Vols. I-III); The End Game (Part I)(Vol. IV). Stewart has served as President of the Federal Circuit Bar Association, President of the Customs and International Trade Bar Association, a member of the U.S. Court of Appeals for the Federal Circuit’s Advisory Council, and Chairman of the U.S. Court of International Trade Rule Committee. Mr. Stewart was an Adjunct Professor at Georgetown University Law Center for nearly 20 years through 2012.
DAVID TOLBERT
International Center of Transitional Justice
Mr. David Tolbert is President, International Center of Transitional Justice; formerly, Registrar (UN Assistant Secretary-General), Special Tribunal for Lebanon; UN Assistant Secretary-General and Special Expert to the UN Secretary-General on the Extraordinary Chambers in the Courts of Cambodia (ECCC); Deputy Chief Prosecutor, Deputy Registrar, Chef de Cabinet to the President, International Tribunal for the former Yugoslavia (ICTY); Executive Director, American Bar Association Central European and Eurasian Law Initiative (ABA-CEELI).
DETLEV F. VAGTS
Harvard Law School
Prof. Detlev F. Vagts, one of the world’s foremost experts on transnational and international business law and considered one of the fathers of transnationalism, passed away on August 20, 2013, while completing the piece contained in this volume. Professor Vagts taught at Harvard Law School for 46 years, where he was named the Bemis Professor of International Law, and directed Harvard’s joint J.D./M.B.A. program from 1969 to 2005. During his career, Professor Vagts wrote or edited over 50 volumes, including leading case books “Transnational Legal Problems” (soon to be in its fifth edition) and Transnational Business Problems; as well as dozens of published articles. His The International Legal Profession: A Need for More Governance? (American Journal of International Law, 1996) has been particularly influential. Professor Vagts served as a Counselor on International law in the U.S. Department of State’s Office of the Legal Advisor. He also served as an associate reporter of the Restatement (Third) of Foreign Relations Law of the United States, and as editor in chief (with Theodor Meron) of the American Journal of International Law from 1993 to 1998. Prior to Harvard, Professor Vagts was in private practice at Cahill Gordon & Reindel in New York City and was a judge advocate in the United States Air Force. Professor Vagts was the 1991 co-recipient of the Max Planck Research Award for outstanding international research achievements.
CHARLES OWEN VERRILL JR.
Wiley Rein LLP
Mr. Charles O. Verrill Jr. is Of Counsel and Chair Emeritus of the international trade law and policy practice group of Wiley, Rein & Fielding, in Washington, D.C. Mr. Verrill has served as a Trustee of the International Law Institute since 1981, as an Adjunct Professor teaching International Trade Law and Regulation at the Georgetown University Law Center since 1978 (where he was named the Charles Fahy Distinguished Adjunct Professor in 1993), and Adjunct Professor at Duke Law since 1998. He became a member of the Law School's Board of Visitor's in 2000. Mr. Verrill received his B.A. from Tufts University, and his J.D. from Duke Law.
PATRICIA MCGOWAN WALD
Chief Judge for the United States Court of Appeals for the District of Columbia Circuit (ret.)
Judge Patricia McGowan Wald served as a Judge (1979-1999) and Chief Judge (1986-1991) of the United States Court of Appeals for the District of Columbia Circuit. A graduate of Yale Law School, she was a member of the American Bar Association’s Central and Eastern European Law Initiative from 1993-1999 working on constitutional and judicial reform in that region’s emerging democracies. In 1999 she was appointed by U.N. Secretary General Koffi Annnan to serve as a Justice on the International Criminal Tribunal for the former Yugoslavia where she heard the first I CTY Srebrenica genocide trial. From 2002-2012 she served on the governing board of the Open Society’s Justice Initiative and as Co-Chair to the Advisory Committee of DLA Piper’s New Perimeter, specializing in global pro bono projects.
REBECCA M.M. WALLACE
Robert Gordon University Department of Law
Prof. Rebecca M.M. Wallace, MA, LL.B., Ph.D. is Research Professor of International Human Rights and Justice, Robert Gordon University, Aberdeen. In academia for thirty-eight years she has specialised in international human rights law and has conducted research and written extensively on a wide range of issues including the international protection afforded to marginalised groups, corporate social responsibility, sustainable development, migration and human trafficking. Professor Wallace serves as a Judge of the First tier Tribunal (Asylum and Immigration).
TODD WEILER
Barrister & Solicitor
Dr. Todd Weiler is an International Lawyer whose practice focuses exclusively on investment treaty law. Called to the Bar of Ontario in 1999, he has served as counsel, consulting expert and arbitrator in dozens of international disputes between investors and States. Also in 1999, he founded one of the field’s first websites: NAFTAClaims.com. In 2006, he cofounded the popular commercial web site, Investmentclaims.com, and in 2007 he founded the Juris Conference Symposium on International Investment Law & Arbitration, held annually in Washington, D.C. Dr. Weiler is acclaimed for his expertise in the practice of NAFTA and CAFTA investment arbitration, and for his scholarship on the doctrine of treaty interpretation and on the history of foreign investment protection in international law.
STEPHEN F. WILLIAMS
Court of Appeals for the D.C. Circuit
Judge Stephen F. Williams practiced law in New York City and then taught law at the University of Colorado Law School from 1969 to 1986, with visiting years at UCLA, SMU, and the University of Chicago (where he was also a fellow in law and economics). He was appointed to the U.S. Court of Appeals for the D.C. Circuit in 1986. His 2006 book, Liberal Reform in an Illiberal Regime: The Creation of Private Property in Russia, 1906-1915 (Hoover), tries to extend the basic insights of the law and economics movement to problems of governance and political change. Recent publications include Transitions into—and out of—Liberal Democracy, 5 NYU Journal of Law and Liberty 245 (2010); A Kadet’s Critique of the Kadet Party: Vasily Maklakov, 23 Revolutionary Russia 29 (2010). He is currently working on a biography of Vasily Maklakov, a lawyer, legislator and public intellectual who sought to advance the rule of law in Russia before the Bolshevik revolution.
TORE WIWEN-NILSSON
Independent Arbitrator, Sweden
Mr. Tore Wiwen-Nilsson is a Swedish Lawyer having been for many years a Partner of the leading Swedish Law firm Mannheimer Swartling. He is now practising as an Arbitrator in domestic and international arbitrations. He has for many years been Chairman of Working Group I of the United Nations Commission on International Trade Law (UNCITRAL), and he has been Chairman of UNCITRAL (2003/2004) and Vice Chairman of UNCITRAL 2010/2011 and 2012/2013. More information can be found at is www.independentarbitrator.se.
CHRISTOPHER R. YUKINS
George Washington University Law School
Prof. Christopher R. Yukins, of The George Washington University Law School, is a Faculty Advisor to the Public Contract Law Journal, and is a member of the editorial board of the European Procurement & Public-Private Partnership Law Review. He has worked on a number of projects with the World Bank and the European Bank for Reconstruction and Development (EBRD) on capacity-building in procurement, and was an advisor to the U.S. delegation to the working group on reform of the UNCITRAL Model Procurement Law. Together with Dean Daniel Gordon and Professor Steven Schooner, he runs a colloquium series on procurement reform at The George Washington University Law School. In private practice, Professor Yukins has been an associate, partner and counsel at leading national firms; he is currently of counsel to the firm of Arnold & Porter LLP.
Table of Contents:
To view webpages for chapters un-related to arbitration, please visit the publication's webpage on the Juris Publishing website
Part V
International Commercial Arbitration and Dispute Resolution
Alexander Komarov
Pierre Guislain
Ewell E. Murphy, Jr.
Tore Wiwen-Nilsson
Terrence P. Stewart
Part VI
Investor State Arbitration
Stanisław Sołtysiński
Norbert Horn
Ian A. Laird
Todd Weiler
Noah Rubins and Ben Love
Héctor A. Mairal
José Antonio Rivas
Mark Kantor
Nicholas J. Birch
Borzu Sabahi and Lukáš Hoder
Stanimir A. Alexandrov
Charles N. Brower, Sadie Blanchard and Charles B. Rosenberg