The Leading Arbitrators' Guide to International Arbitration - 2nd Edition
Lawrence W. Newman and Richard D. Hill, Editors
Price: $175.00 860 pages. 1 Hardcover Volume. Index. Published March 2008.
ISBN-13: 978-1-933833-15-6
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About the Book:
The Leading Arbitrators' Guide to International Arbitration-Second Edition is completely revised and expanded in this all new edition. It offers thoughtful advice and insights into the world of international arbitration from some of the most prominent and experienced international arbitrators in the world. The contributors are arbitrators from Australia, Belgium, Canada, Chile, Denmark, England, France, Germany, Italy, The Netherlands, Italy, Spain, Sweden, Switzerland and the USA.
The contributors offer insights and advice on the way in which international arbitrations are carried out from the point of view of arbitrators reading pleadings and memorials and listening to witnesses and hearing arguments. The authors' discussions are intended to be thoughtful, insightful and useful - and perhaps, occasionally, iconoclastic. As a result, there may be instances in which the authors disagree with one another on certain points. This is to be expected for there are often many routes that can be taken to achieve a result.
Occasionally, more than one point of view is set out within an individual chapter. This is a positive result of an intranet that was set up to allow the contributors to review and comment upon the drafts of their colleagues. Where appropriate, this has allowed some chapters to include something of a survey of opinion on a particular issue from a number of the world's leading arbitrators.
The book will be useful not only to persons who may serve as arbitrators in international arbitral proceedings but also to those who may, in their position as advocates, wish to persuade persons -including, perhaps, the authors.
Praise for The Leading Arbitrators’ Guide to International Arbitration
"What distinguishes The Leading Arbitrators’ Guide from earlier writings is its practical – and practice-oriented – approach. Not since the 1996 UNCITRAL Notes on Organizing Arbitral Proceedings has so much expertise been garnered and made available to the international community in such a useful format. There are pointers on the selection of arbitrators and invaluable advice on acting as an arbitrator – whether as chair or party-appointee. Several authors provide first-hand insight into the chair’s general duties in organizing and managing the proceedings, while others focus on particular phases – hearing, deliberation, and drafting of the award. Nor have the contributors neglected many of the important procedural issues that frequently confront international arbitrators, such as discovery, interim measures, and confidentiality. The Leading Arbitrators’ Guide to International Arbitration reveals how the best-known arbitrators exercise that discretion, and illuminates many of the norms underlying this exercise. It is sure to become a well-thumbed handbook at law schools, law firms and arbitral institutions."
- Tjaco T. van den Hout, Secretary-General, Permanent Court of Arbitration, The Hague“The Leading Arbitrators’ Guide to International Arbitration, is a truly exciting set of essays by some of the world’s leading international arbitrators addressing the central questions confronting those involved in or studying the arbitration of international disputes. Whether as experienced or beginning counsel, arbitrator, arbitration institution, courts with arbitration cases, or student of the field, this single volume work of twenty-two essays is not to be missed. It covers in a most practical fashion with practical advice a large number of procedural problems, and certain important theoretical issues as well. This is a book not to be missed by participants in, and students of, the international arbitral process. The issues addressed in this volume are indeed the central issues of international arbitration, and they are addressed by outstanding arbitrators in the most thoughtful of ways. Their contributions to the literature of the field will be long-lasting.”
- Arthur Rovine, Retired Partner, Baker & McKenzie; President of the American Society of International Law (ASIL); Former Chairman of the International Law Section of the American Bar Association (ABA)"The Leading Arbitrators' Guide to International Arbitration is a unique and invaluable resource. Substantively first rate, it covers the full gamut of international arbitration issues - from appointment of the panel through enforcement of the award, dissecting nettlesome issues of jurisdiction, discovery, interim measures and annulment. The volume simultaneously furnishes unique insight into the thinking of the leading international arbitrators who are the authors."
- Gregory P. Joseph is a Fellow of the American College of Trial Lawyers and former Chair of the 60,000-member Section of Litigation of the American Bar Association. By appointment of Supreme Court Chief Justice William Rehnquist, he served on the Advisory Committee on the Federal Rules of Evidence from 1993-99. He formerly Chaired the Litigation Department at Fried, Frank, Harris, Shriver & Jacobson in New York."The Leading Arbitrators' Guide to International Arbitration is the first 'guidebook' written to demystify the rules and to reveal to the wider world how arbitrators think."
- Legal Week
About the Editors:
Lawrence W. Newman is a Partner in the litigation department of Baker & McKenzie, where his practice is focused on international litigation and arbitration. He was the Chairman of the national committee of claimants in arbitrations against Iran in the Iran-U.S. Claims Tribunal and has represented clients in numerous commercial and investment arbitrations before various tribunals around the world. He was, from 2003-2007, the Chairman of the International Commercial Disputes Committee of the New York City Bar and is currently the Chairman of the Arbitration Committee of the International Centre for the Prevention and Resolution of Conflicts (CPR). He has written in the New York Law Journal for over 25 years on international litigation and arbitration and is the editor and author of numerous books and articles on litigation and arbitration. He is a member of the College of Commercial Arbitrators, the American Law Institute and numerous other bar and international arbitration organizations.
Richard Hill is a Partner in Fulbright & Jaworski LLP’s international arbitration practice group, practising from the Firm’s London and Hong Kong offices. He has also spent periods of his career based in New York and Paris. Mr. Hill has acted in major arbitrations involving a wide variety of jurisdictions and rules, including many cases in the energy, power, construction and transportation sectors. A graduate of Cambridge University, Mr. Hill has written extensively on matters related to international arbitration.
About the Contributors:
Gerald Aksen is a full time arbitrator and ADR neutral. He is a retired Partner of the law firm of Thelen Reid Brown Raysman & Steiner LLP, New York, where he was the firm specialist in arbitration and alternative dispute resolution. He is a former President of the College of Commercial Arbitrators and immediate past Vice Chair of the ICC International Court of Arbitration. He has chaired and acted as sole or co-arbitrator in ad hoc proceedings and under the rules of numerous institutions in over 200 cases worldwide. Mr. Aksen has a broad background in the dispute resolution field, having been an arbitrator, advocate, academic (Adjunct Professor, New York University School of Law) and administrator (General Counsel, American Arbitration Association), and is a frequent speaker and lecturer on international arbitration.
Mark Baker is a Senior Partner in the Houston office of Fulbright & Jaworski, where he practices in the areas of complex commercial arbitrations, business litigation, and alternative dispute resolution (ADR). He is a co-head both of Fulbright’s International Department and of the firm’s Arbitration and ADR Practice Group. Mr. Baker He has advised the United States delegation to UNCITRAL on the United Nations’ revisions to both the Arbitration Rules and Model Arbitration Law (2006). He is Vice Chairman of the International Bar Association (IBA) Committe on International Arbitration, a Member of the International Advisory Committee of the American Arbitration Association, and a Member of the LCIA Arbitration Court
Giorgio Bernini was formerly a Full Professor holding the Chairs of Commercial Law and of Arbitration Law at the University of Bologna. He was a Member of the Italian Parliament, Minister of Foreign Trade, President of the Italian Railways System Company (R.F.I.) S.p.A., Giorgio Bernini is now a special counsel to Studio Bernini - Studio Professionale Associato/Baker & McKenzie in Bologna. Professor Bernini has held a number of prestigious public office positions including acting as the Italian representative to the United Nations Commission on International Trade Law (UNCITRAL) and is currently the Honorary President of the International Council for Commercial Arbitration (ICCA), of which he was the President from 1986 to 1994
Karl-Heinz Böckstiegel is an Independent Arbitrator and Professor Emeritus of International Business Law at the University of Cologne (Germany). Professor Böckstiegel is President of the German Institution of Arbitration (DIS), a Member of ICCA and the ICC Arbitration Commission. He was previosuly President of the LCIA (1993-1997); President, Iran-United States Claims Tribunal (1984-1988); Panel Chairman, United Nations Compensation Commission (UNCC) 1994-1996; President, German Association of International Law (1993-2006); and President, International Law Association (2004-2006).
Robert Briner, Switzerland is an Independent Arbitrator in Geneva, a former Chair of the International Court of Arbitration of the International Chamber of Commerce (ICC) in Paris and is now an Honorary Chairman. He is a former Partner and is currently Of Counsel in the Swiss law firm of Lenz & Staehelin. He is a member of the International Council for Commercial Arbitration (ICCA), the International Council of Arbitration for Sport (ICAS), and a member of the Executive Board of the Committee of the Swiss Arbitration Association. He is also a former Panel Chairman the United Nations Compensation Commission as well as former President of the Iran - United States Claims Tribunal. In addition, from 1992 to 1994 he was the Chair of the Section on Business Law of the International Bar Association (IBA). Mr. Briner is an Arbitrator on the ICSID List nominated by Switzerland. He is also the author of various arbitration publications.
Charles Brower has served since 1983 as a Judge of the Iran-United States Claims Tribunal in The Hague. He is a Member of 20 Essex Street Chambers (London) and a retired Partner of White & Case, LLP. He co-founded White & Case’s Washington, DC office, where his practice came to be comprised almost exclusively of international arbitrations. Judge Brower 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 (UNCC) and as a member of the Panels of Conciliators and Arbitrators of the International Centre for Settlement of Investment Disputes (ICSID). 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. He has published and spoken around the world on international law and international dispute resolution.
Bernardo Cremades is President of the Spanish Court of Arbitration and Chair of the Global Center For Dispute Resolution Research launched by the American Arbitration Association. He is also Co-Chair of the Arbitration Committee of the International Bar Association and a Vice President of the London Court of International Arbitration. He has participated as an attorney, arbitrator or President of the Arbitral Tribunals in more than 150 arbitral proceedings worldwide.
L. Yves Fortier is Chair and Senior Partner of Ogilvy Renault in Montreal. From 1998 to 2001, he was President of the London Court of International Arbitration. He is a former President of the Canadian Bar Association (1982-83). From 1988 to 1992, he was Canada’s Ambassador and Permanent representative to the United Nations in New York. Since 1992, he has acted as arbitrator and mediator in many major international commercial, investment and sports disputes in different part of the world in ad hoc arbitrations and arbitrations under the hospices of the ICC, LCIA, AAA, ICSID, CAS and other arbitral institutions. He has served as Chair of two panels of the U.N. Compensation Commission in Geneva. He is a former member of the Claims Resolution Tribunal for Dormant Bank Accounts in Zurich. He is currently Judge ad hoc of the International Court of Justice in the Hague and also a member of the International Council for Commercial Arbitration (ICCA).
Dana Freyer is a Partner and Head of Skadden, Arps, Slate, Meagher & Flom LLP’s Arbitration and Alternative Dispute Resolution practice and is a member of the firm’s International Arbitration Group. Ms. Freyer handles all types of U.S. and international commercial litigation and arbitration, including international arbitrations under the UNCITRAL, ICC, ICSID, ICDR, Stockholm Chamber of Commerce and other arbitration rules, and also represents clients in mediations and other ADR proceedings. She also serves as an arbitrator. Ms. Freyer lectures frequently at professional conferences on issues relevant to international arbitration, alternative dispute resolution, negotiating and drafting dispute resolution clauses in international commercial contracts, corporate governance and compliance program design and implementation.
Emmanuel Gaillard is Head of Shearman & Sterling’s international arbitration practice. He has represented major corporations, States and State-owned entities in over 250 international arbitration cases. He has acted as sole arbitrator, party-appointed arbitrator or Chairman in more than 50 international arbitrations. He is also frequently called upon to appear as expert witness on arbitration law issues in international arbitration proceedings or enforcement actions before domestic courts. Professor Gaillard has written extensively on all aspects of arbitration law, in French and in English. He teaches International Arbitration and Private International Law at the University of Paris XII. He lectured at The Hague Academy of International Law in the Summer 2007 on the Theory of International Arbitration. Professor Gaillard is recognized as one of the few worldwide experts on ICSID and international investment arbitration. He is a member, appointed by France, of the ICSID Panel of Arbitrators and Conciliators. He advises the French Government on investment treaty issues. He also appears as an expert on OECD investment panels, and participates as an observer in the works of UNCITRAL on the drafting of the new UNCITRAL Arbitration Rules.
Bernard Hanotiau is a Partner at Hanotiau and Van den Berg, Brussels and Council Member. Since 1978, Bernard Hanotiau has been actively involved in international commercial arbitration as party-appointed arbitrator, chairman, sole arbitrator, counsel and expert in various parts of the world. . He is a member of ICCA (International Council for Commercial Arbitration), the ICC International Arbitration Commission and a Council Member of the ICC Institute of World Business Law. He is also Vice-President of the LCIA, of CEPANI (Belgian Arbitration Center) and of the Institute of Transnational Arbitration (Dallas). He is a member of the International Arbitration Club (London) and served as chairman of the Club of International Arbitrators (Milan).
Hilary Heilbron is a barrister practising as an advocate in both international arbitration and commercial litigation from Brick Court Chambers, London. She became a QC in 1987. She also sits regularly as an arbitrator. She is a Deputy High Court Judge and is an accredited mediator. She is also a member of the Bar of New South Wales. She is a former Chairman of the City Disputes Panel, former Vice-Chair of the International Litigation Committee of the IBA and a current Vice-Chair of the Litigation Committee of the International Law Section of the ABA. She was previously Chairman of the London Common Law and Commercial Bar Association and of the International Practice Committee of the Bar Council.
Kaj Hobér is a Partner in Mannheimer Swartling, Stockholm and Professor of East European Law at Uppsala University, where he also teaches international arbitration and international investment and trade law. He has been involved in hundreds of international arbitrations worldwide. He is Chair of the IBA sub-committee on Investment Treaty Arbitration, a Member of the Board of the Arbitration Institute of the Stockholm Chamber of Commerce, the International Arbitration Club (London) and a member of the ICC Institute of International Business and Law. Mr. Hobér is on the arbitrators’ list of ICSID, the International Centre for Dispute Resolution, the Russian Chamber of Commerce and Industry, the Ukrainian Chamber of Commerce, the International Arbitration Institute and other institutions. Since 1998 he has been a Commissioner at the United Nations Compensation Commission in Geneva.
Sigvard Jarvin is Of counsel to Jones Day, Paris and member of the Paris and Sweden Bars. He was General Counsel of the ICC International Court of Arbitration (1982-1987) and member of that Court until 1995. He acts both as arbitrator and counsel and has been involved in more than 185 international arbitrations under the rules of the ICC and the world’s major arbitral institutions. He is a member of the ICC Commission for International Arbitration, the International Arbitration Club, London, was rapporteur at the 1990 and 1998 ICCA Congresses and was chairman of the foreign section of the Swedish Bar 1999-2000.
Pierre Karrer practices as full-time arbitrator based in Zurich. He has been chairman and arbitrator in over 250 international commercial arbitrations world-wide. He is Honorary President of the Swiss Arbitration Association, Court Member of the ICC, Vice President of the Arbitration Institute of the Stockholm Chamber of Commerce, and former Vice President of the LCIA.
Andreas Lowenfeld is the Herbert and Rose Rubin Professor of International Law at New York University School of Law. He serves frequently as arbitrator in international cases, and has written widely on various aspects of international trade, investment, finance, and dispute settlement. Professor Lowenfeld is an elected member of the Institut de Droit International and of the International Academy of Comparative Law, and has twice been a Lecturer at The Hague Academy of International Law. Professor Lowenfeld served as Associate Reporter for the American Law Institute’s Restatement (Third) of the Foreign Relations Law of the United States, with principal responsibility for the sections on jurisdiction, judgments, and dispute settlement, and is presently co-Reporter of the ALI’s International Jurisdiction and Judgments Project.
Lord Mustill was formerly President of the Chartered Institute of Arbitrators and is currently a Vice President of the Court of Arbitration of the ICC. He became successively a Judge of the High Court, the Court of Appeal and the Appellate Committee of the House of Lords, retiring from full-time judicial sittings in 1991. While a High Court Judge he acted as Judge of the Commercial Court, to which arbitration questions are referred. Since then he has sat as arbitrator in numerous cases in England and abroad.
Christopher Newmark is a Partner at Spenser Underhill Newmark LLP in London. Before forming the firm in February 2007, He was a Partner at the London office of Baker & McKenzie, where he was the Chair of the firm’s European Dispute Resolution Group. He has received LCIA, ICC and CEDR appointments as arbitrator. He was appointed Vice-Chairman of the ICC Commission on Arbitration in January 2008 and was Co-Chair of the recent ICC Commission task force on reducing time and cost in complex commercial arbitrations. He sits on the board of directors of the International Institute for Conflict Prevention and Management (CPR) and is a Senior Visiting Lecturer at the School of International Arbitration, Centre for Commercial Law Studies, Queen Mary University of London.
William W. Park is Professor of Law at Boston University. He is General Editor of Arbitration International, Vice President of the London Court of International Arbitration and a member of ICCA, the International Council for Commercial Arbitration, and has served as arbitrator for the Holocaust Era Insurance Claims Commission and the Claims Resolution Tribunal for Dormant Swiss Accounts. Professor Park has held visiting university positions at Cambridge, Dijon, Geneva, Hong Kong and Auckland.
Jan Paulsson is the Head of the arbitration practice group of Freshfields Bruckhaus Deringer. He is also President of the London Court of International Arbitration and the World Bank Administrative Tribunal. He has acted as counsel or arbitrator in hundreds of international arbitrations, including some of the largest ever. He has conducted cases under the ICC, UNCITRAL, ICSID, LCIA, and AAA Rules, as well as before the International Court of Justice. Mr. Paulsson holds the Ibrahim Shihata Chair as Professor of International Investment Law at the University of Dundee, is a Yorke Distinguished Visiting Fellow at the University of Cambridge, and is a Visiting Professor at the London School of Economics.
Allan Philip was Professor at the University of Copenhagen and Dean of the law school. He was a member of the Institut de Droit International and of the Curatorium of the Hague Academy of International Law; Chair of the Panel on Oil Sector Claims in the United Nations’ Compensation Commission for the Gulf War; the delegate of Denmark to a number of diplomatic conferences on private international and maritime law; and a member of the Chartered Institute of Arbitrators.
David Plant practiced law in New York City with Fish & Neave from 1957 through 1998. Since retiring from Fish & Neave, he has practiced exclusively as an ADR neutral and a teacher. For more than 20 years, he has served as a mediator in U.S. and international disputes, arbitrator in ICC, Stockholm, UNCITRAL, AAA, CPR, WIPO, court-annexed and ad hoc arbitrations, and Special Master in US District Courts - in more than 300 matters. He has written and spoken around the world on ADR matters. Mr. Plant is a Fellow of the Chartered Institute of Arbitrators, College of Commercial Arbitrators, International Academy of Mediators, and American College of Civil Trial Mediators.
Michael Pryles is a well known international arbitrator. He is President of the Australian Centre for International Commercial Arbitration, a Court Member of the London Court of International Arbitration and is Co-Chair of the ICC Asia Arbitration Commission. Michael was the foundation President of the Asia Pacific Regional Arbitration Group, an association of some 27 arbitral centres and organisations. Michael is currently a consultant at the law firm Clayton Utz and was a Partner in another leading firm. Before then he was Henry Bournes Higgins Professor of Law at Monash University in Australia.
Hilmar Raeschke-Kessler is a member of the exclusive bar of the German Federal Court - Bundesgerichtshof -. He has acted as chairman or arbitrator in numerous international arbitrations. He also represents clients before the Bundesgerichtshof in cases related to the enforcement or setting aside of arbitral awards. He is member of the ICC-Commission on International Arbitration, Vice President of the German branch of the International Law Association and Board Member of the German Arbitration Institution - DIS -. He has been member of the IBA-Working Groups on the IBA-Rules of Evidence and on the IBA Guidelines on Conflicts in International Arbitration. He is honorary Professor at the Faculty of Law of the University of Cologne.
Alan Redfern established the litigation department at Freshfields. In 1995, he left Freshfields to become a barrister and arbitrator and joined the Chambers of Lord Grabiner QC at One Essex Court, Temple, London. Since then, he has acted as party-nominated arbitrator or Chairman of the Tribunal in many major international commercial disputes world-wide. He is a non-executive Director of the London Court of International Arbitration, a Vice-Chairman of the International Court of Arbitration of the ICC in Paris and on the international arbitrators’ list of the International Centre for Dispute Resolution and other arbitral institutions world-wide.
Catherine Rogers is a Professor who teaches a range of comparative and international law subjects at two schools, Università Commerciale Luigi Bocconi, in Milan, Italy and the Paul M. Hebert Law Center, Louisiana State University, in Baton Rouge, Louisiana. She has lectured and published extensively on lawyers’ and arbitrators’ ethics in international arbitration. She is an Associate Reporter for the American Law Institute’s Restatement on International Commercial Arbitration, and has served on task forces regarding ethical issues for the American Society of International Law and the IBA.
Jeremy Sharpe is Attorney-Adviser in the U.S. State Department's Office of the Legal Adviser, where he represents the United States in international claims and investment disputes. Previously, he practiced international arbitration with White & Case LLP in Washington, D.C., and served as Legal Assistant to Judge Charles N. Brower at the Iran-United States Claims Tribunal in The Hague.
Hans Smit is the Stanley H. Fuld Professor of Law and Director of the Center for International Arbitration and Litigation Law at Columbia University, where has been a member of the faculty since 1960. He was Director of Projects on International Procedure and European Legal Institutions before becoming Director of the Parker School of Foreign and Comparative Law. Professor Smit has extensive experience as an expert and arbitrator in international litigation and arbitration and is the author of numerous publications on international commercial arbitration and is Editor-in-Chief of the American Review of International Arbitration.
John Uff originally qualified in engineering but has practised since the 1970s as an advocate and arbitrator at Keating Chambers, London, in all fields of engineering and construction. In recent years his practice has been largely international, covering all parts of the world and all the International Institutions. He was the founding Director of the Centre of Construction Law at Kings College, London, where he held the Nash Chair of Engineering Law until 2002 and is now Emeritus Professor. His work has included chairing Public Inquiries in UK into water supply and railway safety. He is a Vice President of the LCIA and recent President of the Society of Construction Arbitrators.
Albert van den Berg is the Vice-Chair and past Secretary-General of the Netherlands Arbitration Institute (NAI) and is Professor at Law (NAI Chair) at the Erasmus University in Rotterdam, where he teaches international arbitration. He is a former Vice-President of the London Court of International Arbitration (LCIA). He is member of: the International Council for Commercial Arbitration (ICCA); Commission on International Arbitration of the International Chamber of Commerce (ICC), Paris; Court of Appointment of the Hong Kong International Arbitration Centre; and the International Advisory Board of the Stockholm Chamber of Commerce (SCC). Mr. van den Berg frequently acts as presiding arbitrator, party-appointed arbitrator or counsel in administered and ad hoc arbitrations in many countries around the world.
V. V. Veeder is a member of Essex Court Chambers, acting as arbitrator and advocate in arbitration proceedings principally in Paris, Stockholm, Singapore, New York and Switzerland. Mr.Veeder is a Member of ICCA, Council Member of the ICC Institute of World Business Law; Council Member of the SCC Arbitration Institute, President of ARIAS-AIDA (UK) and Vice-President of the LCIA. Between 1990 and 1996 he was a Member of the United Kingdom’s Department of Trade and Industry Advisory Committee on the Law of Arbitration, responsible for the English Arbitration Act 1996.
Francisco Orrego Vicuña is Professor of Law at the Law School and the Institute of International Studies of the University of Chile. Has presided over numerous international arbitration tribunals in investment and commercial matters and has also served as party-appointed arbitrator. An arbitrator included in the ICSID Chairman’s list, has also been appointed to tribunals by the ICC Court of International Arbitration and the London Court of International Arbitration. He has also participated in arbitrations under UNCITRAL Rules and the American Arbitration Association. He is also a Judge and former President of the World Bank Administrative Tribunal and is a Judge ad-hoc at the International Tribunal for the Law of the Sea.He has recently ended his period as Vice President of the London Court of International Arbitration and serves as a member of the International Council of Commercial Arbitrators.
Thomas Walde is Professor & Jean-Monnet Chair at CEPMLP/Dundee, and an expert, arbitrator, counsel and mediator in international energy and investment disputes. He is a special member of AIPN, a member of several international arbitral institutions, a Rechtsanwalt (Frankfurt) & barrister, Essex Court Chambers, London. He is adviser to the international institutions in the oil and gas field (OPEC, IEA, UN, APEC, EU, World Bank). He is a fellow of major academic and professional institutions in the field of international investment law (Columbia, BIICL et al.) and energy (World Energy Council).
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