Guido Carducci
29 Rue Montagne de l’Esperou
Paris 75015
France
184 Via Germanico
Rome 00192
Italy
4-5 Gray’s Inn Square
London, UK
i) Attorney at Law:
counsel and expert work in contract, commercial, corporate, public economic, investment law, private and public international law/transactional work, negotiation and drafting of domestic and international contracts
ii) Law Professor (MC, HDR, Univ. Paris Est) since 1999: Subjects taught over the years:
Contract Law, Commercial Law, E-Commerce
Company Law, Bankruptcy Law
Private International Law, International Arbitration and Business Law
EU Commercial Law, EU Competition Law
Art and Cultural Property Law
Professor, American and English Business Law, University Paris I, 2015-Present
iii) Former Chief of the International Standards Section at UNESCO Headquarters (Paris, 2002-2008) with extensive international experience in common and civil law jurisdictions, treaty-making and implementation
Former UNESCO Mediator between Governments, U.K and Greece with regard to the Parthenon Marbles
ICC (Member of three ICC Commissions: Arbitration, Commercial Practice, Competition), International Arbitration Club (London), LCIA, CFA, AIA, ICCA, IAI, CIArb, CEA, ABA
Former Vice-Chair, International Arbitration Panel and International Litigation Panel, American Bar Association
ICDR (New York), Chartered Arbitrator, FCIArb (London), HKIAC (Hong Kong), KLRCA (Kuala Lampur), JCAA (Tokio), Cairo (CRCICA). Arbitrator and Conciliator in ICSID Panels (2008-2017 designated by Italy)
Experience as International Arbitrator.
Arbitrator in Multilingual Arbitrations: i) as sole arbitrator conducted proceedings and issued awards in English and Spanish; ii) as co-arbitrator appointed for proceedings in English and French
Appointments include:
Sole arbitrator in a corporate and investment dispute in the context of construction in Africa (UNCITRAL Arbitration, bilingual English and Spanish proceedings, awards issued in the two languages)
Co-arbitrator in a dispute related to an alternative powerplant (German and Italian parties, ICC Arbitration)
Co-arbitrator in an energy-related dispute in the context of transfer of usage rights and transfer contracts (ICC Arbitration)
Sole arbitrator in a multiparty commercial dispute in the context of construction and sale contracts (Swiss, Turkish, Cyprus and Ukrainian parties, ICC Arbitration)
Sole arbitrator in a commercial dispute in the context of construction and commission contracts (Belgian and Turkish parties, ICC Arbitration)
Sole arbitrator in a contractual dispute related to distribution agreements (European Court of Arbitration)
Co-arbitrator in a contractual dispute between private and public parties in Africa (CAS Arbitration)
Co-arbitrator in a sport-related and anti-doping dispute between parties in Latin America (CAS Arbitration)
- sectors: energy, construction, corporate, distribution, sport
- appointed by: parties, arbitration institutions, President of the Chartered Institute of Arbitrators (acting as Appointing Authority)
- under these rules: ICC, UNCITRAL, European Court of Arbitration, Milan Chamber of Commerce, Court of Arbitration for Sport
Experience as Independent Legal Expert (Witness) in International Arbitrations:
Legal opinions provided upon request on various issues in international private law (jurisdiction, conflict of laws, overriding mandatory rules, etc.), commercial law, arbitration agreements (challenges before national courts, validity and enforceability), economic and investment law (applicability of a BIT, investor nationality, protection of shareholders, control, ICSID Convention, jurisdiction, etc.), public law (sovereign immunity, State responsibility)
Regular Speaker and Conferences given in International Law and Arbitration:
USA: International Arbitration Club of New York, New York International Arbitration Center NYIAC, American Bar Association Meetings, Universities of Harvard, Chicago, Fordham, Boston, Miami
Europe: European Parliament, Permanent Court of Arbitration, CFA Paris, Club Español de Arbitraje and Open de Arbitraje Madrid, King’s College London, CIArb London, International Arbitration Club London, DIS Berlin, Minsk
South America: Rio de Janeiro international Arbitration Conference, Santiago de Chile Investment Arbitration Seminar
Hong Kong: HKIAC and Hong Kong Institute of Arbitrators
In various International Bar Association (IBA) Annual Meetings (more details at carducciarbitration.com)
OTHER PUBLICATIONS:
Monographs:
Arbitration in France: Law and Practice, forthcoming Oxford University Press, 2021
Restitution of Stolen or Illicitly Exported Works of Art and Cultural Property: Private International Law, European Directive, UNESCO and UNIDROIT Conventions, LGDJ Paris 1997, 490 p.
45 Articles published (in leading journals and five languages). Articles specifically on international arbitration include:
in Spanish
Advocacy in International Court Litigation and Arbitration. Common Principles, Divergences and Variables
Spain Arbitration Review (Revista del Club Español del Arbitraje) 2020, p.55-76
in English
A State’s Capacity and the EU’s Competence to Conclude a Treaty, Invalidate, Terminate – and ‘‘Preclude’’ in Achmea – a Treaty or BIT of Member States, a State’s Consent to be Bound by a Treaty or to Arbitration, under the Law of Treaties and EU Law, and the CJEU’s Decisions on EUSFTA and Achmea.
Their Roles and Interactions in Treaty and Investment Arbitration
ICSID Review, Vol. 33, 2018, pp. 582–619
Multilingual Arbitrations: Optimizing Parties’ Agreements, Scope, Costs, Award-making
New York Dispute Resolution Lawyer, 2018, pp.31
Notes on the EUCJ’s Ruling in Gazprom: West Tankers is Unaffected and Anti-suit Injunctions Issued by Arbitral Tribunals are not Governed by EU Regulation 44/2001. Arbitration International 2016, I, pp.111-123
Validity of Arbitration Agreements, Court Referral to Arbitration, Comity, Anti-Suit Injunctions in Assistance of International Arbitration Worldwide and their Effects in the E.U. before and after the New E.U. Regulation 1215/2012 of 12 December 2012. American Review of International Arbitration, 2013, pp.515-547
The new E.U. Regulation 1215/2012 of 12 December 2012 (Brussels I bis) on Jurisdiction and International Arbitration (With Notes on Parallel Arbitration, Court Proceedings and the EU Commission’s Proposal). Arbitration International 2013, III, pp.467-491
Dealing with Set-Off and Counterclaims in International Commercial and Investment Arbitration
TDM and in the Yearbook of International Arbitration 2012, pp.173-184
The Arbitration Reform in France: Domestic and International Arbitration
Arbitration International 2012, N°I, p.125
The Importance of Legal Context and Other Considerations in Assessing the Suitability of Mediation, Arbitration and Litigation in Resolving Effectively Domestic and International Disputes (Employment Disputes and Beyond), St John’s Law Review, 2012, pp.511-541
The Impact of E.U. Regulation Rome I on International Litigation and Arbitration, A-National Law, Mandatory and Overriding Rules. ICC International Court of Arbitration Bulletin 2011, Vol.II, p.31
Arbitration, Anti-suit Injunctions and Lis Pendens under the European Jurisdiction Regulation (44/2001) and the New York Convention. Notes on West Tankers, the Revision of the Regulation, Perhaps of the Convention. Arbitration International, 2011, N°2, pp.171-197
Defining Investment in Public and Private International Law and the Scope of ICSID, NAFTA and Energy Charter Treaty Investment Arbitration.
Trends in International Economic Law, Essays Prof.P.Picone, 2011, pp.649-673
Implementation of International Treaties at the National Level: Law and Practice
Preventing Looting of Works of Art, University of Chicago Press, 2007
in French
The Swiss Reform of Private International Law and International Arbitration, Recueil Dalloz, 2020
Renting, Exploiting and Managing a Business in French Commercial Law (Location-gérance of a fonds de commerce) Juris-Classeur, Droit Commercial, 2020, 52 pages (until 2004 coauthored with Prof. M.J.Campana)
The Juridical Nature of Arbitration in French and Italian Arbitration Law after the Corte di cassazione’s Ruling of 8 October 2013. Revue de l’arbitrage, 2015, pp.193-211
in German
Compatibility with EU Law of Arbitration Agreements in intra-EU Bilateral Investment Treaties. The ruling of the German Federal Court in the first Achmea case (3 March 2016)
Zeitschrift für Internationales Wirtschaftsrecht, 2016, IV, pp.180-184
in Italian
Internationally Mandatory Rules and Overriding Rules in Private International Law/Conflict of Laws (Norme di applicazione necessaria). Enciclopedia Giuridica Treccani (Italian Treccani Legal Encyclopaedia) 2000