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Between East and West: Essays in Honour of Ulf Franke

ISBN: 978-1-933833-59-0
Author: Kaj Hobér, Annette Magnusson & Marie Öhrström
Page Count: 620
Published: March 2010
Media Desc: One Hardcover Volume
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Friends and colleagues from all corners of the world have dedicated this publication to Ulf Franke in appreciation of his 35 years of service as Secretary General of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC Institute).  Mr. Franke’s expertise has been long recognized not only in Sweden, but also in the international arbitration community.  Throughout an inspiring career, Mr. Franke has used his vast knowledge of international arbitration in combination with an inexhaustible energy to build and develop the practice of institutional arbitration and the SCC Institute. 

Between East and West: Essays in Honour of Ulf Franke contains 43 essays by leading members of the arbitration community.  The contributions not only look back on how international arbitration has developed over the course of Mr. Franke’s career, but also discuss cutting-edge issues that directly affect the future of this field.

Table of Contents




When -- If Ever -- Should Failure to Challenge an 
Award before the Courts of the Seat Amount to a 
Waiver of New York Convention Defences?

    Frédéric Bachand    

The Role of the Institution in Taming Electronic Disclosure 
    C. Mark Baker and Kinan H. Romman    

Teaching International Arbitration in Law Faculties 
    Eric E. Bergsten    

Some Reflections on Dispute Settlement in Air, 
Space, and Telecommunication Law
    Karl-Heinz Böckstiegel    

Without Delay: Arbitrating in Six Months -- 
the German Approach for Expedited Proceedings
    Jens Bredow    

The Power and Effectiveness of Pre-arbitral Provisional Relief:  
The SCC Emergency Arbitrator in Investor-State Disputes
    Charles N. Brower, Ariel Meyerstein and Stephan W. Schill    
Do Arbitration Rules Give the Tribunals Too 
Much Freedom to Conduct International Arbitration 
As They Think Fit?
    Peter Scott Caldwell    

Cross-Examination and International Arbitration 
    Bernardo M.  Cremades and David J. A. Cairns    

ICSID, UNCITRAL and SCC As Investment Fora
    Hans Danelius    

Towards a Unified Approach to the Law 
Applicable to the Arbitration Agreement in 
United States Courts
    Donald Francis Donovan and David W. Rivkin    

Institutional Commercial Arbitration from the Inside
    Diana C. Droulers    

Arbitration in Arab Countries 
    Abdel Hamid El Ahdab    

Ulf Franke -- Thirty-five Years and Afterwards
    Johan Gernandt    

Voluntary Solutions to Procedural Problems
    Lars Göthlin and Mattias Bexelius    

Pre-Dispute Waivers of Investment Treaty Arbitration: 
A Practical Approach

    Jeffrey Hertzfeld and Barton Legum    

Are Parties Entitled to Agree on the Application of 
the UNCITRAL Model Law in a Contract Providing 
for Arbitration in Sweden?
    Lars Heuman   

Taking Evidence Abroad in International Arbitration 
in the 21st Century
    Martin Hunter and Andrey Panov    

Determining the Parties' True Choice of the Seat 
of Arbitration and Lex Arbitri

    Michael Hwang and Darius Chan    

Is There a Code of Conduct for Party-appointed 
Experts in International Arbitration?

    Mark Kantor   

Les Anciens et les Modernes in International Arbitration: 
Looking Back and Looking Forward
    Pierre A. Karrer   

Enforcement of SCC Arbitral Awards in CIS Countries: 
Reflections on Arbitration History
    Vladimir Khvalei   

Remarks on the Development of International 
Commercial Arbitration in Modern Russia

    Alexander S. Komarov   

Corruption in International Investment Arbitration: 
Jurisdiction and the Unclean Hands Doctrine
    Richard Kreindler   

Discretion Pursuant to Article V of the New York Convention 
    Gustaf Möller   

Ulf Franke, Stockholm Arbitration, and the Bridge to China 
    Michael J. Moser   

Negative Inferences: An Arbitral Tribunal's Powers to 
Draw Adverse Conclusions from a Party's Failure to 
Comply with the Tribunal's Orders
    Bo G.H. Nilsson   

Reflection on What Is Special in an Arbitrator's Life 
    Piotr Nowaczyk   

Participation in the ICSID Convention 
    Antonio R. Parra   

Security for Costs in Investment Arbitration 
    Jakob Ragnwaldh and Nils Eliasson   

Challenging Arbitrators' Fees Determined by 
Arbitration Institutions

    Jan Ramberg and Serge Lazareff   

Incorporation and Passivity: Entering into Arbitration 
Agreements under Swedish Law
    Anders Reldén and Mattias Nilsson   

Contractual Relations in Institutional Arbitration
    Patrik Schöldström   

The New SCC Emergency Arbitrator Rules 
    Patricia Shaughnessy   

International Arbitration in Ukraine:
Yesterday, Today . . . Forever
    Tatyana Slipachuk   

The Parties' Contract with the Arbitration Institution 
    Christer Söderlund   

Enforcement of SCC Arbitration Awards in China 
    Jingzhou Tao   

Arbitration Guidelines: Straitjacket or Compass?
    Hans van Houtte   

Users, Courts, Arbitral Institutions -- And the Need for 
Comparative Statistics
    V.V. Veeder and Amy Sander   

Improvement of the Civil Code of the Russian 
Federation and Its Impact on Arbitration Practice

    Nina Vilkova   

Bringing Arbitration Closer to Company Management 
and Boards: Can Arbitral Institutions Further 
This Aspiration?
    Carita Wallgren-Lindholm   

What Can You Expect? The Role of Legitimate 
Expectations in Investment Protection Disputes
    Fred Wennerholm   

The Impact of Document Production on the Efficiency 
of Arbitration
    Claes Zettermarck and Rikard Wikström   

Procedural Aspects of the Activities of Institutional 
Arbitration Bodies

    Ivan S. Zykin    


Author Detail


About the Editors:
Kaj Hobér is a Partner of Mannheimer Swartling Advokatbyrå in Stockholm and Professor of International Law at the Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP), University  of Dundee. He was a Member of the Board of the SCC Institute from 1992-2009.

Annette Magnusson
is Secretary General of the Arbitration Institute of the Stockholm Chamber of Commerce. She was previously an attorney in the Stockholm offices of Mannheimer Swartling Advokatbyrå and Baker & McKenzie Advokatbyrå.  She was Deputy Secretary General and Legal Counsel for the SCC Institute from 1998-2005.

Marie Öhrström
is a Senior Associate and Business Developer of Setterwalls Law Firm in Stockholm.  She served as Legal Counsel and then Deputy Secretary General of the SCC Institute from 2000-2009. She was previously an Associate in the Helsingborg office of Vinge Law Firm.


Frédéric Bachand is a Professor at the Faculty of Law and Member of the Institute of Comparative Law, McGill University.

C. 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 ADR. He is co-head both of Fulbright's International Department and of the firm's Arbitration and ADR Practice Group.

Prof. Dr. Eric E. Bergsten has been Director, Willem C. Vis International Commercial Arbitration Moot, Vienna since 1993. From 1985 to 1991 he was Secretary, United Nations Commission on International Trade Law, having held senior legal positions in the United Nations since 1975.

Mattias Bexelius is an associate lawyer at A1 Advokater. After graduating from Lund University in 2005 he was a law clerk at Södra Roslag’s district court. In 2007 he joined Advokatfirman Södermark and has since specialized in dispute resolution. He has been a tutor at the faculty of law in Lund.

Karl-Heinz Böckstiegel is an independent arbitrator and Member of the Law Faculty (Professor Emeritus), University of Cologne; Chairman, German Institution of Arbitration (DIS); and Patron, Chartered Institute
of Arbitrators.

Jens Bredow is Secretary General of the German Institution of Arbitration (DIS), Cologne.
Charles N. Brower is a Judge, Iran-United States Claims Tribunal; Judge Ad Hoc, Inter-American Court of Human Rights; Arbitrator Member, 20 Essex Street Chambers, London; former Acting Legal Adviser, U.S. Department of State, Deputy Special Counselor to the U.S. President.

Charles N. Brower is a Judge, Iran-United States Claims Tribunal; Judge Ad Hoc, Inter-American Court of Human Rights; Arbitrator Member, 20 Essex Street Chambers, London; former Acting Legal Adviser, U.S. Department of State, Deputy Special Counselor to the U.S. President.

David J. A. Cairns is a Partner of B. Cremades y Asociados in Madrid, specialising as an arbitrator and an advocate in international commercial and investment arbitration. He is a Fellow of the Chartered Institute of Arbitrators and an adjunct professor at the University Carlos III of Madrid.

Peter Scott Caldwell is a full-time arbitrator, adjudicator and mediator based in Hong Kong.  He has acted as a neutral in many disputes involving parties from around the world.  From 1990 to 1998 he was Secretary-General of Hong Kong International Arbitration Centre.

Darius Chan is currently an Associate of the Chambers of Michael Hwang SC in Singapore.

Bernardo M. Cremades
is Senior Partner of the law firm B. Cremades y Asociados. His practice focuses on international commercial arbitration and transnational investment disputes. He has acted as counsel, party-appointed arbitrator and president of tribunals in more than 200 arbitrations.

Hans Danelius was a Justice of the Swedish Supreme Court; Director of Legal Affairs at the Swedish Ministry for Foreign Affairs; and Ambassador to the Netherlands. He has been a Justice of the Constitutional Court of Bosnia and Herzegovina and is a Doctor of Law h.c. at Stockholm University.

Donald Francis Donovan is a Partner of Debevoise & Plimpton LLP. He regularly serves as both advocate and arbitrator. Among other positions, he serves as Vice President of the International Council for Commercial Arbitration and the American Society of International Law, and teaches at New York University School of Law.

Diana C. Droulers is the Director, Arbitration Centre of the Caracas Chamber of Commerce; Secretary General of ICC Venezuela; and President of the International Federation of Commercial Arbitration Institutions.

Abdel Hamid EL Ahdab, LLD, is an attorney in Beirut and Paris. He is President of the Arab Association for International Arbitration; Honorary President of the Lebanese Arbitration Association; and a Member of the High Council of the Arbitration Center of the Chamber of Commerce of Beirut.

Nils Eliasson is Head of Dispute Resolution Asia at Mannheimer Swartling, Hong Kong. He has acted as counsel in international commercial arbitrations and investment arbitrations under bilateral investment treaties and the Energy Charter Treaty. He holds a Ph.D. in Law from the University of Lund.

Johan Gernandt is Counsel with the Vinge law firm. He is Chairman of the SCC Institute; Chairman of the Stockholm Centre for Commercial Law, Stockholm University; and a Member of the ICC Commission on International Arbitration.

Lars Göthlin is a Partner of A1 Advokater. He is a frequent arbitrator and mediator in domestic and international disputes. From 1971-1975 he was secretary in charge at the SCC Institute. He has been general counsel to leading companies and from 1993 to 2010 was a Partner of Advokatfirman Södermark.

Jeffrey Hertzfeld
is a retired founding Partner and former Chairman of the Salans international law firm. An American long based in Paris, he serves frequently as an independent arbitrator in international commercial and investment arbitrations across Europe.

Lars Heuman is a Professor of procedural law at the Stockholm Centre for Commercial Law, Stockholm University.  He was a member of the Governmental Arbitration Committee, which prepared the bill for the 1999 Swedish Arbitration Act and is the editor of the arbitration section of Juridisk Tidskrift.

Martin Hunter is a Member of Essex Court Chambers, Chair of International Dispute Resolution at Nottingham Trent University and a visiting professor at King’s College, London University. He is Chairman of the Board of Trustees of the dubai international arbitration centre.

Michael Hwang SC is an independent arbitrator based in Singapore. He is Vice President of ICCA, a member of the Permanent Court of Arbitration and LCIA, and Trustee of the Dubai International Arbitration Centre. He was formerly a Vice Chairman of the ICC Court and a UN Compensation Commissioner.

Mark Kantor is an arbitrator and mediator and an Adjunct Professor at the Georgetown University Law Center. He is a Senior Research Fellow at the Vale Columbia Center for Sustainable International Investment, a Fellow of The Chartered Institute of Arbitrators and Editor-in-Chief of Transnational Dispute Management.

Pierre A. Karrer
practices full time as an international arbitrator, mostly as chairman. He is Honorary Chairman of the Swiss Arbitration Association and a Vice President of the SCC Institute. 

Vladimir Khvalei heads the CIS Dispute Resolution Practice of Baker & McKenzie. He is Vice-President of the ICC International Court of Arbitration, chairs the Arbitration Commission of the ICC’s Russian National Committee, and a Member of the Board of the International Arbitration Court at the Belarus CCI.

Prof. Alexander S. Komarov
is President of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation; and head of the Private Law Department of the Russian Academy of Foreign Trade.

Prof. Dr. Richard H. Kreindler is a Partner of Shearman & Sterling LLP in Frankfurt.  He is a member of the New York and Paris Bars. He is an Honorary Professor of Law at the University of Münster, Germany. He is a graduate of Harvard, Munich, Columbia and Münster.

Serge Lazareff
is a founding Partner of Derains Gharavi & Lazareff; Chairman of the ICC Institute of World Business Law; Chairman of the French Arbitration Commission of ICC France; a Member of the LCIA Court; and a professor at HEC Paris. He is a Commander of the Legion of Honor.

Barton Legum is a Partner in Salans’ Paris office and head of the firm’s Investment Treaty Arbitration Practice. From 2000 to 2004, he served as Chief of the NAFTA Arbitration Division in the United States Department of State.

Ariel Meyerstein is currently Legal Adviser to the Hon. Charles N. Brower of the Iran-United States Claims Tribunal. He is also a Ph.D. candidate in the Jurisprudence & Social Policy Program at Berkeley Law, where his dissertation focuses on sustainable finance.

Gustaf Möller
is a Justice of the Supreme Court, Helsinki.

Michael J. Moser is Chairman of Hong Kong International Arbitration Centre, Vice President of APRAG, Court Member of LCIA and member of the CIETAC Commission and Board Member of SCC. Based in Hong Kong, he practices as an arbitrator with 20 Essex Street Chambers in London.

Bo G.H. Nilsson heads the arbitration practice at Advokatfirman Lindahl. He is the Chairman of the Swedish Arbitration Association and the Swedish member of the ICC Court. He is a member of the IBA and ILA, and a founding member of the European User’s Council of the LCIA.

Mattias Nilsson
is an Associate of White & Case Advokat AB, specializing in commercial arbitration and litigation. He frequently guest lecturers at the law Faculty, University of Stockholm, as well as other universities. He has published books and articles on arbitration, European law and other legal areas.

Piotr Nowaczyk
, FCIArb, is a Partner of Salans. He is a Member of the International Court of Arbitration at the ICC, a Member of the VIAC Advisory Board, and was President of the Court of Arbitration at the Polish Chamber of Commerce.

Andrey Panov is an Associate of Monastyrsky, Zyuba, Stepanov & Partners, Moscow. Mr. Panov holds an undergraduate degree in law with honours from the Lomonosov Moscow State University and a Magister Juris degree with distinction from the University of Oxford.

Antonio R. Parra
is Secretary General of the International Council for Commercial Arbitration and a Consultant with the World Bank. From 1999 to 2005, he served as Deputy Secretary-General of the International Centre for Settlement of Investment Disputes and was its Legal Adviser from 1990 to 1999.

Jakob Ragnwaldh, a Partner of Mannheimer Swartling, specializes in international commercial and investment treaty arbitration.
Mr. Ragnwaldh sits as an arbitrator and acts as counsel in Swedish court proceedings. He is a board member of the SCC Institute.

Jan Ramberg is Professor Emeritus in private law and former Dean of the Law Faculty, University of Stockholm, and a former Member of the Board of the SCC Institute. He is also an ICSID Conciliator appointed by the Swedish Government and former Vice President of the Commission of Commercial Law and Practice of the ICC.

Anders Reldén
is a Partner of White & Case Advokat AB and acts both as counsel and arbitrator in Swedish and international commercial arbitration and litigation. He frequently lectures on arbitration-related topics. Before joining White & Case he worked for several years in the Swedish court system.

David W. Rivkin, a Partner of Debevoise & Plimpton, handles international arbitrations around the world and before many major arbitration institutions. He holds positions with various international organizations, including having the pleasure of working with Ulf Franke on the Board of the SCC Institute.

Kinan H. Romman is an Associate in the Houston office of Fulbright & Jaworski, where he practices in the areas of international arbitration and commercial litigation.

Amy Sander is a Member of Essex Court Chambers, London.

Stephan W. Schill is a Senior Research Fellow at the Max Planck Institute for Comparative Public Law and International Law
in Heidelberg. From 2008 to 2009, he was the International Arbitration Law Clerk to the Honorable Charles N. Brower of 20 Essex Street Chambers, London.

Dr. Patrik Schöldström
has been a Court of Appeal Judge in the Svea Court of Appeal, Stockholm, since 2008. He was previously in private practice, specializing in litigation and arbitration as counsel and arbitrator. His doctoral thesis, “The Arbitrator’s Mandate,” was published in 1998.

Patricia Shaughnessy
is an Associate Professor and Supervisor of the Master of International Commercial Arbitration Law program at the Department of Law, Stockholm University.  She is also a member of the Board of the SCC Institute.

Dr. Tatyana Slipachuk chairs the International Trade and Arbitration Practice Group at Vasil Kisil & Partners. Before joining Vasil Kisil in 2004, she was the Secretary General of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry for ten years.

Christer Söderlund is a Partner with the Vinge law firm, Stockholm and a former member of the Board of the SCC Institute.  He serves as an arbitrator and has been appointed by the Swedish Government to the ICSID Panel of Arbitrators.

Jingzhou Tao is an avocat au barreau de Paris, Partner of Jones Day, and Member of the ICC Court, the LCIA and the Advisory Committee of CIETAC. He is Chair of the Commission on International Arbitration of ICC China, an Adjunct Professor at Beijing University Law School, and a chartered arbitrator.

Dr. Hans Van Houtte has sat in over 150 cases as an arbitrator—most often as chairman—in commercial and investment arbitrations before numerous international arbitration institutions. He teaches at the Faculty of Law, Leuven University and directs the Institute for International Trade Law.

V. V. Veeder, QC,
is a Member of Essex Court Chambers, London and a member of the Board of the SCC Institute; ICCA Council Member; Council Member of the ICC Institute of World Business Law; Vice-President of the LCIA; and Visiting Professor King’s College, London University.

Nina Grigorievna Vilkova is an Emerita Lawyer of the Russian Federation; Doctor of Juridical Sciences; Professor, Russian Academy of Foreign Trade; Member, ICC Court of Arbitration; and Arbitrator, ICAC, Russian Federation Chamber of Commerce.

Carita Wallgren-Lindholm is a Partner of the advisory and arbitration boutique, Lindholm Wallgren, Attorneys Ltd., in Helsinki. She was formerly a dispute resolution and transactional Partner at Roschier, having begun her career in international law firms in paris, france.

Fred Wennerholm is a Partner of Setterwalls Stockholm. He focuses on international arbitration, including proceedings under bilateral and multilateral investment treaties. He is Chairman of the German–Swedish Chamber of Commerce’s Court of Arbitration.

Rikard Wikström is a Senior Associate in the Stockholm office of White & Case. He acts as counsel in Swedish and international arbitrations, focusing on construction and energy disputes. He holds a B.A. from Augsburg College, Minneapolis, USA and an LL.M. from the University of Stockholm, Sweden.

Claes Zettermarck is a Partner of White & Case. He has been active in domestic and international commercial arbitrations in various functions — secretary, counsel, arbitrator — since the mid 1970s. He holds an LL.M. from the University of Stockholm, Sweden.

Professor Ivan S. Zykin, a well-known scholar and practitioner, was ranked among the four most prominent arbitrators from Russia by the Global Arbitration Review. He is actively involved in drafting various Russian laws and is the author of more than 60 publications on business law and arbitration.


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