Stockholm International Arbitration Review (SIAR) 2007-3 - PDF (Downloadable Electronic Product)
Stephen Bond is Senior of Counsel in Covington & Burling LLP’s London office. Formerly a co-head of the White & Case international arbitration practice group. He has served as counsel, co-counsel, chairman or co-arbitrator in numerous international arbitrations, principally under the rules of the International Chamber of Commerce, and also under those of the London Court of International Arbitration, the Stockholm Arbitration Institute, the Japanese Commercial Arbitration Association, the Vienna Centre and UNCITRAL.
Mr. Bond has served in arbitrations focused predominantly on disputes in the oil and gas, international joint venture, construction, computer, sales and distribution fields and that involve the application of various civil and common law legal systems. He has also provided expert witness statements on international arbitration-related matters.
During his career, he has held a number of high profile positions that include Secretary General of the International Court of Arbitration of the International Chamber of Commerce (ICC) from 1985-1991 and the U.S. Member of the ICC International Court of Arbitration for the period 1994-1999. He was Vice Chairman of the ICC Working Group charged with drafting the 1998 ICC Rules of Arbitration.
Prior to joining White & Case in 1991 and in addition to his ICC experience, he served as Assistant Legal Adviser in the Office of the Legal Adviser of the Department of State and as Counselor for Legal Affairs in the United States Mission to the United Nations in Geneva, where he was accorded the State Department's Distinguished Honors Award.
* Mr. Timur D. Aitkulov, Clifford Chance, Moscow
* Professor Frédéric Bachand, McGill University Faculty of Law, Montreal
* Ms. Linn Bergman, SCC Arbitration Institute, Stockholm
* Ms. Lisa Bingham, Hanotiau & van den Berg, Brussels
* Mr. Oliver Caprasse, University of Liège and University of Brussels, Hanotiau & van den Berg, Liège and Brussels
* Mr. Nils Eliasson, Mannheimer Swartling Advokatbyra, Hongkong
* Mr. John Fellas, Hughes,Hhubbard & Reed, New York
* Mr. Grant Hanessian, Baker & McKenzie, New York
* Mr. Jeffrey M. Hertzfeld, Salans, Paris
* Mr. Devashish Krishan, Freshfields Bruckhaus Deringer, New York
* Ms. Olga Mouraviova, White & Case, Paris
* Mr. Noah Rubins, Freshfields Bruckhaus Deringer, Paris
* Professor Patricia Shaughnessy, Stockholm University, Faculty of Law, Stockholm
* Mr. Michael Bühler, Jones Day, Paris
* Professor Thomas E. Carbonneau, The Dickinson School of Law Pennsylvania State University, Carlisle, Pennsylvania
* Mr. Ulf Franke, Arbitration Institute of the Stockholm Chamber of Commerce, Stockholm
* Mr. Kaj Hobér, Mannheimer Swartling Advokatbyrå Stockholm, Sweden
* Ms. Marina Kaldina, Basic Element, Moscow, Russia
* Ms. Aigoul Kenjebayeva, Salans, Almaty, Republic of Kazakhstan
* Mr. Alexander S. Komarov, International Commercial Arbitration Court at the Russian Federation, Chamber of Commerce and Industry, Moscow, Russia
* Professor Joseph Lookofsky, University of Copenhagen, Faculty of Law, Copenhagen, Denmark
* Professor William W. Park, Boston University School of Law, Boston, Massachusetts
* Mr. Hilmar Raeschke-Kessler, Rechtsanwalt beim Bundesgerichtshof Ettlingen bei Karlsruhe, Germany
* Professor Alan Scott Rau, University of Texas at Austin School of Law, Austin, Texas
* Professor Michael Reisman, Yale Law School, New Haven, Connecticut
* Mr. Wang Sheng Chang, Beijing, China
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"Are arbitrators private judges, service providers or both? We are fortunate to get CIETAC’s perspective on this question; read Mr. Yu Jianlong’s (Beijing) article which introduces this issue of SIAR.
In the second article, Mr. Martin Wallin and Ms. Katarina Mild (both Stockholm) explain the Swedish rules limiting the right to appeal in arbitration-related matters.
You will then find six court decisions from as many countries, i.e. Australia, Austria, Egypt, England, France and Sweden, dealing with a variety of issues. Arbitrator misconduct, commented by Doug Jones (Sydney), the relationship between the parties and the arbitrator, commented by Fatima-Zahra Slaoui (Stockholm) and Gerold Zeiler (Vienna), the group of companies doctrine in Egyptian law, commented by Karim Youssef (Cairo), new signals regarding the interpretation of arbitration agreements in English law, commented by Gilles Cuniberti (Paris), the validity under French law of an arbitration agreement simultaneously designating two different arbitration rules, commented by Emmanuelle Cabrol (Paris) and arbitrator disqualification for lack of impartiality and independence in Swedish law, commented by John Fellas (New York) and Patrik Schöldström (Stockholm)..."
STOCKHOLM INTERNATIONAL ARBITRATION REVIEW Volume 2007:3
TABLE OF CONTENTS
Sigvard Jarvin, General Editor
Arbitrators: Private Judges, Service Providers, or Both? CIETAC’s Perspective
Mr. Yu Jianlong
The Swedish Rules Limiting the Right to Appeal Against a Court Judgment in a Challenge or Avoidance Action - a Comparative Study
Martin Wallin and Katarina Mild
COURT DECISIONS ON ARBITRATION
Victoria Court of Appeal, Melbourne, Australia in case No.  VSCA 255, rendered in November 2007“The Oil Basins v BHP Billiton case”
Challenge due to:
a) manifest error on the face of the award
b) technical misconduct by members of the arbitral tribunal
Observations by Doug Jones
Court Decisions from the Austrian Supreme Court, in case No. 9 Ob 126/04a and case No. 6 Ob 207/06v, rendered in June 2005 and November 2006
“The B-Bank and Manfred S cases”
The nature of the relationship between the parties of an arbitration and the arbitrators.
Observations by Fatima-Zahra Slaoui
Observations by Gerold Zeiler
Judgment by Egypt’s Court of Cassation in the case No. 4729 of Judicial Year 72 rendered in June 2004
“The group of companies doctrine in Egyptian law”
Extension of the arbitration agreement to a non-signatory company, in domestic proceedings, based on criteria of economic unity and identity of economic management; the extent to which
theories of extension in groups of companies are in conformity with Egyptian Law.
Observations by Karim Youssef
Judgment by the Supreme Court of Judicature Court of Appeal (Civil Division), London, in case No.  EWCA CIV 20 rendered in January 2007 and Judgment by the House of Lords of Appeal, London, in case No.  UKHL 40, rendered in October 2007
1) Interpretation of arbitration agreements
2) Scope of separability principle
Observations by Gilles Cuniberti
Judgment by the Supreme Court in France, in case No. JCP, 2007 I 168, rendered in February 2007“UOP v BP”
Validity or applicability of an arbitration agreement simultaneously designating two arbitration institutions and/or rules.
Observations by Emmanuelle Cabrol
Judgment by the Swedish Supreme Court, case No. T 2448-06, rendered in November 2007
“The Lind Case”
Disqualification of arbitrator for appearance of lack of impartiality/independence.
Observations by John Fellas
Observations by Patrik Schöldström
Arbitral Award in SCC Arbitration V (080/2004), rendered in Stockholm in April 2006
“the Berschader Award under the Luxembourg/Belgium-Russia BIT”
a) Do the Claimants (two Belgian physical individuals) who own shares in a company incorporated in Belgium, BI, which owns assets in the territory of the Russian Federation
qualify as investors within the meaning of the Luxembourg/ Belgium-Russia BIT (the Treaty)?
b) Have the Claimants carried out an investment within the
meaning of the Treaty?
c) To what extent can the Claimants rely on the most favoured nation (MFN) clause contained in the basic Treaty to import a more favourable dispute settlement mechanism contained in a third party treaty concluded by the Russian Federation to establish the jurisdiction of the Arbitral Tribunal?
Observations by Domenico di Pietro
NOTES & INFORMATION
BOOK REVIEW – Finn Madsen
Commercial Arbitration in Sweden
BOOK REVIEW – Kreindler, Schäfer and Wolff Schiedsgerichtsbarkeit - Kompendium für Die Praxis
BOOK REVIEW – Riegler, Petsche, Fremuth-Wolf, Platte, Liebscher
Arbitration Law of Austria: Practice and Procedure
LIST OF BOOKS RECEIVED