Stockholm International Arbitration Review (SIAR) 2008-1 - 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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"This issue of SIAR marks a significant change as it is the first issue which has not been produced under the much appreciated leadership of Sigvard Jarvin, who stepped down after eight years of acting as the General Editor. SIAR is very much Sigvard’s own creation. He became the first General Editor in 1999 and he made SIAR what it is today - one of the leading international arbitration journals. For this we are much indebted to Sigvard. We take this opportunity to thank him very much and to send him our very best wishes.
Our sincere welcome goes to Stephen Bond. We are indeed fortunate that Steve has accepted to succeed Sigvard as General Editor. He has made the same prominent career in the field of international arbitration as Sigvard, and he has the same high standing in the international arbitration community. Indeed, for some years they were both with the ICC Court of International Arbitration, Sigvard as General Counsel and Steve as Secretary General. Steve’s present position is as a partner at White & Case LLP in Paris and co-head of the firm’s international arbitration group...."
STOCKHOLM INTERNATIONAL ARBITRATION REVIEW Volume 2008:1
TABLE OF CONTENTS
Ulf Franke, Secretary General, SCC
SCC Practice: Challenges to Arbitrators – SCC Board Decisions 2005–2007
Hall Street Associates, LLC v. Mattel, Inc.: – A New Englander’s Tale of Statutory Supremacy in Arbitration Law
Thomas E. Carbonneau
COURT DECISIONS ON ARBITRATION
Court Recommendations in December 2007 by the Presidium of the Highest Commercial Court of Ukraine “Ukrainian Court Edict”
1) Activities of and corporate relations concerning
a Ukrainian joint stock company shall be governed
exclusively by the laws of Ukraine.
2) Agreements providing for the application of foreign
law to Ukrainian corporate relationships including
the relationships between shareholders are null and
void and violate Ukrainian public policy.
3) Agreements limiting the scope or effect of Ukrainian
mandatory legal provisions (such as competition law
and rules regarding the invalidity of agreements) are
null and void.
4) Shareholders’ agreements, even under foreign law and
entered into by, for instance, non-Ukrainian holding
companies cannot govern questions of corporate
governance in a Ukrainian company and, hence,
cannot be enforced to the extent they are at variance
with Ukrainian company law.
5) The Recommendations seek to exclude Ukrainian
corporate disputes from determination by international arbitration (paragraph 2 of Section 6.2).
Observations by Serhii Sviriba and Olga Glukhovska
Observations by Tatiana Slipachuk and Per Runeland
Observations by Alexander Vaneev
Supreme Court of the United States Court Decision in case no. 06–989 on March 25, 2008
“Hall Street vs. Mattel”
Judicial review of awards — Enforceability of clauses providing for expanded judicial review under the U.S. Federal Arbitration Act.
Observations by Jonatan Gass
Observations by Davor Babić
UNCITRAL Arbitral Award on Jurisdiction, made on 28 January, 2008 in Washington D.C., U.S. “Canadian Cattlemen for Fair Trade vs. United States of America”
Jurisdiction of Tribunal to hear a claim brought under Chapter Eleven of the NAFTA (North American Free Trade Agreement). Territorial location requirement for protected investments and investors.
Observations by Jean-François Hébert
Separate Arbitral Award in SCC Arbitration V (113/2007) made in Stockholm
“First Award on Advance on Costs under the new SCC Rules”
Separate award on costs – Claimant had paid the full Advance on Costs and requested the arbitrator to issue a separate award ordering the Respondent to reimburse the Claimant for its share.
Observations by Christer Söderlund
NOTES & INFORMATION
Monetizing Natural Gas: A Contribution to the Problem of Emissions and Climate Change – Anthony Connerty
The Willem C Vis International Commercial Arbitration Moot – Hew R. Dundas
New rules for international arbitration in Ukraine: Improved structure, changes in procedure and substance – Tatyana Slipachuk and Per Runeland
The SCC and its China-Related Cases – Sigvard Jarvin
Hans-Gunnar Solerud in Memoriam – Johan Munck, Chief Justice of the Supreme Court of Sweden, Leif Thorson, Justice of the Supreme Court of Sweden
BOOK REVIEW – Anthony Connerty
Manual of International Dispute Resolution