World Arbitration And Mediation Review (WAMR)

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About the Journal:
The World Arbitration and Mediation Review (WAMR) provides its readers with a thorough assessment of contemporary developments in the worldwide regulation and practice of arbitration and mediation. The Review addresses, through scholarly and practical articles, comments, notes, and other sources, both the international and domestic aspects of arbitration and mediation.

WAMR is a journal that provides value to arbitrators, mediators and counsel who have many demands on their time and thus seek a professional publication that is trustworthy, succinct, and current. Therefore WAMR provides both timely viewpoints as well as special groupings of articles that focus on issues of concern to the arbitration and mediation community. The goal is to provide a resource for practitioners that addresses often difficult and complicated subjects, but presents them in a quick to search and easy to read format. In doing this, the Editors in Chief seek as a point of perspective both the global reach of international arbitration and mediation, as well as the viewpoint and needs of those practicing in this area from the United States. In addition, the journal will include instructive notes on important cases, writings on current events and editorial commentary provided by our esteemed Board of Editors. The WAMR Board of Editors is drawn from the most distinguished representatives of arbitration and mediation around the world and these Editors will add to WAMR the insights gleaned from their many years in these fields.

It is our pleasure to announce that the Institute for Transnational Arbitration (ITA) has assumed the editorship of the World Arbitration and Mediation Review. Founded in 1986 as a division of The Center for American and International Law, the ITA was created to promote global adherence to the world’s principal arbitration treaties and to educate business executives, government officials and lawyers about arbitration as a means of resolving transnational business disputes.   The Institute for TA provides advanced, continuing education for lawyers, judges and other professionals concerned with transnational arbitration. Through its programs, scholarly publications and membership activities, ITA has become an important global forum on contemporary issues in the field of transnational arbitration. The Institute’s record of educational achievements has been aided by the support of many of the world’s leading companies, lawyers and arbitration professionals. Further information about the ITA can be found online at:  www.cailaw.org/ita

About the Managing Editor: 
Leah D.Harhay provides legal assistance and secretariat services to international tribunals, arbitrators and experts. Currently she is the Legal Secretary of the Tribunal in Glamis Gold, LTD. v. United States of America and Cargil, Inc. v. United Mexican States, both arbitrations under Chapter 11 of the North American Free Trade Agreement. Previously, Ms. Harhay practiced with Latham & Watkins, LLP in San Francisco, with a focus on litigation and arbitration, and clerked for the United States Department of Justice, Environment and Natural Resources Division. 

About the Editors in Chief:
Charles H. Brower, II  has taught International Business Transactions, International Commercial Arbitration, and Public International Law at the University of Mississippi for over a decade. He has also served as Visiting Fellow at Cambridge University’s Lauterpacht Research Centre forInternational Law, Tillar House Sabbatical Fellow at the American Society of International Law (ASIL), and as Visiting Associate Professor and Scholar-in-Residence at American University. Emphasizing investment treaty disputes, his publications have appeared in the American Journal of International Law, Arbitration International, the Columbia Journal of Transnational Law, the Vanderbilt Journal of Transnational Law, and the Virginia Journal of International Law. He has also contributed chapters to several books.

In addition to his academic work, Professor Brower is an arbitrator who currently enjoys membership on the Commercial Panel of the American Arbitration Association.  He also serves on the Executive Committee of the Institute for Transnational Arbitration (ITA), andis the Chair of its Academic Council in January 2009. Additionally, he has served as Advocate for the Government of the Republic of Costa Rica in advisory proceedings before the International Court of Justice, as a member of the Executive Council of the American Society of International Law (ASIL), co-chair of the ASIL’s 97th Annual Meeting, and co-chair of the ITA’s 18th Annual Workshop.

Professor Caron served from 1996 to 2003 as a Commissioner with the Precedent Panel (E2) of the United Nations Compensation Commission in Geneva resolving corporate claims arising out of the 1990 Gulf War which, over a series of seven installments, addressed several thousand corporate claims in the construction, insurance, banking, transportation, export, tourist and aviation sectors. He also served as Counsel for the Government of Ethiopia before the Eritrea - Ethiopia Claims Commission in 2004-2005, as President of the ICSID Tribunal in the matter of Aguas del Tunari v. The Republic of Bolivia (2002 to 2006), as Counsel to the Marshall Islands Nuclear Claims Tribunal, and as legal counsel to various Governments.  He is included as one of the top international arbitrators listed in Chambers USA, Chambers Global  and Who’s Who Legal, California.  He is a member of the panel of arbitrators for the China International Economic and Trade Arbitration Commission (CIETAC) and the International Centre for Dispute Resolution (ICDR); and is a founding Fellow of the College of Commercial Arbitrators.

Abby Cohen Smutny is a Partner of White & Case LLP, residing in Washington, DC. Ms. Smutny specializes in international arbitration and regularly serves as lead counsel in high-stakes cases involving contentious political issues, complex claims for compensation and legal issues of first impression. She has particular expertise in matters involving investment disputes with State parties, including issues of State responsibility, sovereign immunity and investment treaty protections. Ms. Smutny represents both sovereign and private parties in arbitrations before ICSID, its Additional Facility, the ICC, the Vienna International Arbitral Centre, the LCIA, as well as in ad hoc arbitration, such as under the UNCITRAL Rules and before other major international arbitral institutions.

Ms. Smutny is Vice-Chair of the International Bar Association’s Arbitration Committee, and was formerly Chair of the Investment Treaty Sub-committee. She serves as a member of the Advisory Board of the Swiss Arbitration Academy, the Institute for Transnational Arbitration, Investmentclaims.com, and Transnational Disputes Management; and sits on the Editorial Boards of Global Arbitration Review and the Journal of International Arbitration. She has been a member of the Executive Council and Executive Committee of the American Society of International Law, the Executive Committee of the Institute for Transnational Arbitration, and was Chair of the International Law Section of the Washington, DC Bar Association. She writes and speaks frequently on topics involving international arbitration and investor-State dispute resolution.

Board of Editors:
The Hon. Charles N. Brower, has served as a Judge on the Iran-US Claims Tribunal, since 1983. He has also practiced for eight years with the international law firm of White & Case LLP in New York City (1961-69), following which he resigned his partnership to serve for four years (1969-73) in the United States Department of State in Washington, DC, as Acting Legal Adviser. Thereafter, he rejoined White & Case LLP, co-founding its Washington, DC office, where his practice came to be comprised almost exclusively of substantial international arbitrations. Judge Brower has served continuously since 1983 as a Judge of the Iran-United States Claims Tribunal in The Hague, The Netherlands, where he sat full-time from 1984 to 1988. That service was interrupted for some months in 1987 by White House service as Deputy Special Counsellor to President Reagan. While continuing to serve in The Hague on a part-time basis, Judge Brower resumed partnership in White & Case LLP from 1988 until joining 20 Essex Street Chambers.

Judge Brower currently also serves as Judge Ad Hoc of the Inter-American Court of Human Rights, as a member of the Register of Experts of the United Nations Compensation Commission in Geneva, and as a member of the Panels of Conciliators and Arbitrators of the International Centre for Settlement of Investment Disputes. He has represented various governments in proceedings before the International Court of Justice and is a member of the panels of arbitrators of a number of arbitral institutions around the world.  As counsel or arbitrator he has handled cases on all six continents, principally under the rules of the ICC, UNCITRAL, the LCIA, the AAA, the UNCC, ICSID and SCC. These cases have involved a wide variety of commercial disputes, as well as issues of public international law.  Recently, Judge Brower was chosen as one of the “Global Counsel Top 10 Arbitrators” worldwide, one of the “Top Ten Arbitrators” in the American Lawyer’s Summer 2005 “Focus Europe”, and one of the Chambers Global 2008 Guide’s “Most in Demand Arbitrators”.

Judge Brower has served as President of the American Society of International Law, Governor of the American Bar Association, Chair of the Institute for Transnational Arbitration, and on the Executive Council of the International Law Association. He has published and spoken around the world on international law and international dispute resolution.  He has been a Visiting Fellow at Cambridge University (Jesus College and the Lauterpacht Research Centre for  International Law) and has been selected as John A. Ewald, Jr. Distinguished Visiting Professor at the University of Virginia School of Law.

James E. Castello is a Partner in King & Spalding’s Paris office and a member of the International Arbitration Group. He has advised and represented clients in a variety of institutional and ad hoc arbitrations. Before joining Dewey & LeBoef, James spent five years as a member of the International Arbitration Group at Freshfields Bruckhaus Deringer, based in that firm’s Vienna office. He is a member of the Court of the London Court of International Arbitration and, since 2001, he has also been a member of the U.S. delegation to UNCITRAL’s Arbitration Working Group. In 1995, following several years’ work at Shearman & Sterling, where he concentrated on international dispute resolution, James left private practice to serve for nearly six years in senior legal positions in the Clinton Administration, including Deputy Counsel to the President, at the White House, and Associate Deputy Attorney General in the Justice Department. His portfolio during this public service encompassed such international issues as immigration and human rights.

Before entering private practice, James was law clerk to Justices William J. Brennan, Jr., and Thurgood Marshall on the U.S. Supreme Court, to Judge Abner J. Mikva on the U.S. Court of Appeals for the District of Columbia Circuit, and to Judge Howard M. Holtzmann, on the Iran-U.S. Claims Tribunal at The Hague. He obtained his J.D. and a master’s degree in economics from the University of California, Berkeley, and his B.A. in history from Yale University.

Donald Francis Donovan is a Partner in the New York office of Debevoise & Plimpton LLP, concentrating his practice in international disputes. Mr. Donovan has argued before the International Court of Justice (most recently on behalf of Mexico in Avena and other Mexican Nationals (Mexico v. U.S), the International Criminal Tribunal for the Former Yugoslavia, the US Supreme Court (most recently in Medellín v. Texas), the Arbitral Tribunal of the Bank for International Settlements (where he obtained an award in excess of US$500 million on behalf of the shareholders), the US Courts of Appeals for the Second, Fourth, Ninth, and District of Columbia Circuits, as well as numerous other federal and state courts. He has represented, among other parties, the United Nations, the European Commission, and the United Nations High Commissioner for Human Rights in international cases in United States courts. Mr. Donovan has acted as counsel in arbitrations throughout the world arising under both contracts and treaties, and regularly sits as arbitrator in, among others, ICSID, ICC, ICDR, and ad hoc cases. In 2006, for his achievements in both international arbitration and international human rights, he was awarded the Premio Nacional de Jurisprudencia by the Mexican Bar Association, the first non-Mexican so honored.

Mr. Donovan serves as Vice-President and one of three U.S. members of the International Council for Commercial Arbitration (ICCA); Vice-President of the American Society of International Law; and a member of the Board of Directors of Human Rights First. He served from 2000-2005 as Chair of the Institute for Transnational Arbitration, and has served as Chair of the Arbitration Committee of the U.S. Council for International Business.  He served as Program Co-Chair of the Centennial Meeting of the American Society of International Law in Washington, DC in March 2006 and as Program Chair of the XIVth Congress of the International Council for Commercial Arbitration in Montreal in June 2006 and of its XVth Congress in Dublin in June 2008.

Christopher R. Drahozal is the John M. Rounds Professor of Law at the University of Kansas School of Law. Additionally, he serves as an Associate Reporter for the Restatement (Third) of U.S. Law on International Commercial Arbitration, and Chair of the Arbitration Task Force of Northwestern University’s Searle Civil Justice Institute.

Professor Drahozal authored a casebook on commercial arbitration published by Lexis Publishing (now in its second edition) and is also the co-editor of a book on empirical research on international commercial arbitration published by Kluwer Law International. He has written extensively on the law and economics of arbitration, with articles appearing in the Journal of Legal Studies, Law and Contemporary Problems, the Vanderbilt Law Review, the Illinois Law Review, the Notre Dame Law Review, and the International Review of Law and Economics. He has been a frequent presenter on arbitration law and practice throughout the United States, Canada, and Europe.Prior to teaching, Professor Drahozal was in private law practice in Washington, DC, and served as a law clerk for the Iran-United States Claims Tribunal, the United States Supreme Court, and the United States Court of Appeals for the Fifth Circuit.

Judith Gill has been a Partner of Allen & Overy LLP since 1992 and is head of the firm’s International Arbitration Group. She graduated in Jurisprudence from Worcester College, Oxford University and, in 1985, qualified with Allen & Overy as a solicitor. In 1990, she obtained a Diploma in International Commercial Arbitration, with distinction, from Queen Mary College, University of London and in 1998, qualified as a Solicitor Advocate (Higher Courts – Civil).

Ms. Gill specializes in international commercial arbitration, with extensive experience in both institutional and ad hoc arbitration including proceedings under LCIA, ICC, ICSID, AAA and UNCITRAL rules, as well as many others.  She is regularly appointed as an arbitrator and frequently appears as lead advocate in arbitration proceedings. Ms. Gill’s arbitration practice covers a broad range of subjects including insurance, joint ventures, distributorships, projects and many other commercial dealings including acting both for and against government entities. Ms. Gill is Vice-Chair of the Arbitration Committee of the International Bar Association and will become Senior Vice Chair in 2009. She is a Director of the LCIA and a former member of the LCIA Court, a member of the ICC UK Arbitration Group, Vice-Chair of the International Commercial Dispute Resolution Committee of the ABA Section of International Law, and a fellow of the Chartered Institute of Arbitrators and the Institute of Advanced Legal Studies.  Ms. Gill is joint author of the last three editions of the leading textbook Russell on Arbitration and has published widely on arbitration issues. 

Bernard Hanotiau has been actively involved since 1978 in international commercial arbitration as party-appointed arbitrator, chairman, sole arbitrator, counsel and expert around the world. Among the parties engaged in these arbitrations have been States (including on the basis of BITs) and State entities, high technology and telecommunications corporations, construction and real estate companies, oil, gas and mining companies, water and electricity suppliers, banks and investment companies, airlines and railways, hotel management corporations, and distributors and manufacturers of various kinds of goods and equipment, including military supplies, satellites, pharmaceuticals, and automobiles.

Mr. Hanotiau is a member of ICCA, the ICC International Arbitration Commission and a Council Member of the ICC Institute of World Business Law.  He is also Vice-President of CEPANI (Belgian Arbitration Center) and of the Institute of Transnational Arbitration (Dallas), and a former Vice-President of the LCIA Court. He is a member of the International Arbitration Club (London) and served as chairman of the Club of International Arbitrators (Milan).

Sally A. Harpole is a Chartered Arbitrator, Accredited Mediator, Hong Kong solicitor and California attorney with over 30 years of China experience in areas of investment, infrastructure projects, trade and disputes. Fluent in Mandarin, English and Spanish, Ms. Harpole has been based in Hong Kong and Beijing since 1977. She frequently serves as arbitrator in international cases under the UNCITRAL Arbitration Rules, as well as the Rules of CIETAC, ICC, ICDR, SIAC, SCC and other arbitral institutions in Asia and Europe.

Sally Harpole served as Co-chair of the IBA Arbitration Committee (2007-2008) and is a member of the Commission of CIETAC, the Executive Committee of the Board of Directors of the AAA and the Council of the Hong Kong International Arbitration Centre.  She also previously served on the Council of the ABA International Section.  In 1985 and 1986, she was President of the American Chamber of Commerce in the People’s Republic of China (in Beijing), an elected position.  In 2001, she established her own firm, Sally Harpole & Co.

Ben H. Sheppard, Jr. is Distinguished Lecturer and Director of the A.A. White Dispute Resolution Center at the University of Houston Law Center. From 1969-2005, he practiced at Vinson & Elkins L.L.P. where he was partner and co-chair of the firm’s international dispute resolution practice focusing on litigation and –as arbitrator and counsel – on arbitration.

Mr. Sheppard served as chair of the AAA/ICDR task force on pre-arbitral procedure, chair of the Disputes Division of the ABA Section of International Law and author of the report and recommendation to the ABA House of Delegates in support of the 2004 revision to the AAA/ABA Code of Ethics for Arbitrators in Commercial Disputes.  He is a member of the Academic Council of the Institute for Transnational Arbitration.

Managing Editor:
Leah D. Harhay provides legal assistance and secretariat services to international tribunals, arbitrators and experts. Currently, she is the Legal Secretary of the Tribunal in Glamis Gold, Ltd. v. United States of America and Cargill, Inc. v. United Mexican States, both arbitrations under Chapter 11 of the North American Free Trade Agreement conducted in accordance with the UNCITRAL Arbitration Rules and ICSID Additional Facility Arbitration Rules (2003), respectively. Ms. Harhay has written on the International Tribunal for the Law of the Sea and is published in the Ecology Law Quarterly. Previously, Ms. Harhay practiced with Latham & Watkins, LLP in San Francisco, with a focus on litigation and arbitration, and clerked for the United States Department of Justice, Environment and Natural Resources Division.