Advocacy in International Commercial Arbitration: ASA Special Series No. 36
Corporate counsel, arbitrators and lawyers discuss their experiences with advocates in international arbitration, their expectations of good advocacy in a critical analysis of The ASA Charter of Advocacy in International Commercial Arbitration. Issues discussed include:
- Differences in Culture and Style
- Evolution of the Role Model Over Time
- The Relationship with the Client and the Tribunal
- The Relationship with Witnesses and Experts
- The Use of Consultants and Their Management
PDF of Title Page and T.O.C.
Foreword
About the Editors
About the Authors
Part I. Advocacy: Which Qualities for Advocates?
Advocacy in International Commercial Arbitration: What For? Elliott Geisinger
Laudatio of Franz Schwarz, Recipient of the Inaugural ASA Prize for Advocacy in International Commercial Arbitration Bernard Hanotiau
Part II. The Advocates: Roles and Rules for Counsel
Professional Conduct in International Arbitration -- Discipline of Its Own for a Discipline of Its Kind Matthew Gearing and Sheila Ahuja
Part III. Advocacy Training
Advocacy Training for International Commercial and Investment Arbitration Jeffrey Waincymer
Institutional Advocacy Training
SAA -- Swiss Arbitration Academy
FIAA -- Foundation for International Arbitration Advocacy
MIDS -- Geneva Master in International Dispute Settlement
Appendices
The ASA Charter for Advocacy in International Commercial Arbitration
The ASA Prize for Advocacy in International Commercial Arbitration
Winner of the 2010 ASA Prize for Advocacy in International Commercial Arbitration
The ASA Conference of 29 January 2010
Selective Bibliography
Index
About the Editors:
Elliott Geisinger is a Partner in the International Arbitration Group of Schellenberg Wittmer in Geneva. Since 1994, his practice has focused on international arbitration. He has acted as counsel and arbitrator in complex commercial disputes involving international construction contracts, consortia and joint venture agreements, sponsorship contracts, sales and distribution contracts, and consultancy contracts while also advising clients in investment matters.
In addition, Mr. Geisinger has regularly represented clients in arbitration¬-related court proceedings, and several of his cases have been reported on in the official collection of Swiss Supreme Court cases and in arbitration journals. Contract management in large¬ scale construction projects is a further specialization of his. He has also advised Swiss corporations in investment disputes.
After graduating from the School of Law of the University of Geneva in 1986, where he also obtained a Master of Laws in 1990, Mr. Geisinger served as a teaching and research assistant in private international law at the university from 1986 to 1992. He was a trainee and then an Associate with Baker & McKenzie in Geneva before joining Schellenberg Wittmer in 1996 and becoming a Partner in 2002. He sat on the Arbitration Committee of the Geneva Chamber of Commerce and Industry from 1999 to 2003 and was elected to the executive board of the Swiss Arbitration Association in 2007, becoming Vice ¬President in 2010. He has authored and co-authored several publications in the fields of international arbitration and private international law.
Guillaume Tattevin is a Senior Associate at LALIVE in Geneva, where he practices international arbitration. He has acted as Counsel, Arbitrator and Tribunal Secretary in numerous international arbitration proceedings, both ad hoc and institutional (including under the rules of the ICC, Swiss Chambers, UNCITRAL, CAS, NAI and PCA).
Before joining LALIVE, Mr. Tattevin worked as Legal Counsel at the Permanent Court of Arbitration in The Hague and as an Associate in the arbitration and litigation department of Freshfields Bruckhaus Deringer in Paris.
Mr. Tattevin qualified to practice law in Paris in 2003. He is a member of the Swiss Arbitration Association (ASA), ASA below 40, the section of foreign lawyers of the Geneva Bar Association, and the Paris Bar Association. He holds a D.E.A. in International Law from the University of Paris II Panthéon-Assas and an LL.M. in European Community Law from the University of Essex.
About the Authors:
Sheila Ahuja is an Associate in Allen & Overy's Hong Kong office. She has been involved in a range of arbitrations involving various jurisdictions such as India, England and Wales and the Philippines. She has assisted in court and arbitration proceedings involving disputes relating to derivatives transactions and has also assisted international corporations in relation to regulatory investigations before disciplinary bodies in Hong Kong and England and Wales. Her recent experience includes representing an international oil and gas major and its Indian joint venture partner in arbitration proceedings commenced against the Government of India under the UNCITRAL Rules, representing a European construction and engineering company in an ICSID arbitration against the Government of Philippines, and representing a European investment bank in derivatives arbitration in London under the LCIA Rules.
Ms. Ahuja is admitted to practice in Hong Kong. She studied in London, Hong Kong and Cambridge.
Matthew Gearing is a Partner in Allen & Overy LLP in the Litigation Group, specialising in international arbitration. His experience includes arbitrations under the ICC, UNCITRAL, SIAC, HKIAC, SCC, LCIA and ICSID Rules in Europe, South America, Trinidad, Barbados, Tanzania, Pakistan, India, Sri Lanka, the former Soviet Union, the Philippines, the People's Republic of China, Korea, Singapore, Vietnam and Indonesia as well as Hong Kong. Mr. Gearing often appears as advocate in his cases. He is a past Co-Chair of the LCIA's Young International Arbitration Group, a member of the LCIA's Asia Pacific Users Council and a Council Member of the Hong Kong International Arbitration Centre. Mr. Gearing is a joint editor of "Russell on Arbitration" and has written and spoken widely on arbitration.
Matthew Gearing qualified in England in 1997, where he is now a Solicitor-Advocate, and qualified in Hong Kong in 2001. He has been based in both London and Hong Kong offices and has acted in a large number of complex and high profile arbitrations around the world.
Bernard Hanotiau is a member of the Brussels and Paris Bars. Since 1978, Bernard Hanotiau has been actively involved in more than 350 international arbitration cases as party-appointed arbitrator, chairman, sole arbitrator, counsel and expert in all parts of the world.
Mr. Hanotiau is a Professor at the law school of Louvain University (Belgium) where he teaches international arbitration. He is a member of the ICCA Council and of the Council of the ICC Institute and a member of the ICC International Arbitration Commission. He is also vice-President of the Institute of Transnational Arbitration (Dallas) and a former vice-President of the LCIA Court. He is a member of the Board of Advisors of the Singapore International Arbitration Center and of the International Advisory Board of the Hong Kong International Arbitration Centre.
He is the author of Complex Arbitrations: Multiparty, Multicontract, Multi-issue and Class Actions (Kluwer, 2006) and of more than 120 articles, most of them relating to international commercial law and arbitration. In March 2011, Mr. Hanotiau received the GAR “Arbitrator of the Year” award.
Henry Peter is Professor of Law at the University of Geneva. Since 1998 he has been Program Director of the Master in Business Law common to the Universities of Lausanne and Geneva. He is also a visiting professor at the University of Freiburg and the University of Lyon 3-Jean Moulin (under a program LL.M. in International and European Law).
Besides his teaching and research, Henry Peter is Senior Partner in a law firm in Lugano. He is frequently appointed as presiding arbitrator, sole arbitrator or co-arbitrator in commercial or sports arbitration.
He has been a member of the Swiss Takeover Board since 2004 and of the Swiss Commission of sanctions on the Swiss Exchange since 2007. He was President of the Geneva Business Law Association from 2003 to 2006. He is a member of the editing board of the Swiss Review of business and financial market law and a board member of the Banking and finance law Centre at the University of Geneva. He is a vice-President of the Swiss Olympic Association chamber disciplinary panel for doping cases. Between 2003 and 2008, he was a member of the expert group on the Concordat insolvency proceedings appointed by the Swiss Federal Office of Justice. He is a member of the Swiss Arbitration Association and president of its Swiss Italian section since 2003.
Henry Peter was honorary consul of Sweden for the Italian-speaking part of Switzerland from 1994 to 2010. He has authored or edited numerous books and articles in his various fields of activity.
Jeff Waincymer is a Professor of international trade law at the faculty of law, Monash University in Melbourne, Australia. He teaches in the fields of arbitration, various international trade subjects, taxation and advocacy through the Vis Moot commercial arbitration competition. He has taught for over 25 years to undergraduates, post-graduates and also to Australian and foreign government officials. He is regularly invited to conduct training programs run through government and aid agencies.
He is a Qualified Legal Practitioner and Accredited Mediator, practicing solely in the fields of international trade, customs, arbitration and ADR. He is also an Australian Government Nominee as a panellist for the WTO and has acted as a panellist. He is also an Australian government nominated ICSID panellist and has been an ICC and SIAC appointed arbitrator. He has also been a consultant to the Australian Law Reform Commission, the Administrative Review Council, the Victorian Government and a number of Federal Departments and agencies.
His research is primarily in the fields of international trade law, arbitration and taxation. He is the author of WTO Litigation: Procedural Aspects of Formal Dispute Settlement, and Australian Income Tax: Principles and Policy, Second Edition, and a joint author of A Practical Guide to International Commercial Arbitration and also International Trade Law: Commentary and Materials, Second Edition. He is the Co-Convenor of the International Trade and Business Law Focus Group of the International Law Section of the Law Council of Australia (the peak Bar Council).
About the Editors:
Elliott Geisinger is a Partner in the International Arbitration Group of Schellenberg Wittmer in Geneva. Since 1994, his practice has focused on international arbitration. He has acted as counsel and arbitrator in complex commercial disputes involving international construction contracts, consortia and joint venture agreements, sponsorship contracts, sales and distribution contracts, and consultancy contracts while also advising clients in investment matters.
In addition, Mr. Geisinger has regularly represented clients in arbitration¬-related court proceedings, and several of his cases have been reported on in the official collection of Swiss Supreme Court cases and in arbitration journals. Contract management in large¬ scale construction projects is a further specialization of his. He has also advised Swiss corporations in investment disputes.
After graduating from the School of Law of the University of Geneva in 1986, where he also obtained a Master of Laws in 1990, Mr. Geisinger served as a teaching and research assistant in private international law at the university from 1986 to 1992. He was a trainee and then an Associate with Baker & McKenzie in Geneva before joining Schellenberg Wittmer in 1996 and becoming a Partner in 2002. He sat on the Arbitration Committee of the Geneva Chamber of Commerce and Industry from 1999 to 2003 and was elected to the executive board of the Swiss Arbitration Association in 2007, becoming Vice ¬President in 2010. He has authored and co-authored several publications in the fields of international arbitration and private international law.
Guillaume Tattevin is a Senior Associate at LALIVE in Geneva, where he practices international arbitration. He has acted as Counsel, Arbitrator and Tribunal Secretary in numerous international arbitration proceedings, both ad hoc and institutional (including under the rules of the ICC, Swiss Chambers, UNCITRAL, CAS, NAI and PCA).
Before joining LALIVE, Mr. Tattevin worked as Legal Counsel at the Permanent Court of Arbitration in The Hague and as an Associate in the arbitration and litigation department of Freshfields Bruckhaus Deringer in Paris.
Mr. Tattevin qualified to practice law in Paris in 2003. He is a member of the Swiss Arbitration Association (ASA), ASA below 40, the section of foreign lawyers of the Geneva Bar Association, and the Paris Bar Association. He holds a D.E.A. in International Law from the University of Paris II Panthéon-Assas and an LL.M. in European Community Law from the University of Essex.
About the Authors:
Sheila Ahuja is an Associate in Allen & Overy's Hong Kong office. She has been involved in a range of arbitrations involving various jurisdictions such as India, England and Wales and the Philippines. She has assisted in court and arbitration proceedings involving disputes relating to derivatives transactions and has also assisted international corporations in relation to regulatory investigations before disciplinary bodies in Hong Kong and England and Wales. Her recent experience includes representing an international oil and gas major and its Indian joint venture partner in arbitration proceedings commenced against the Government of India under the UNCITRAL Rules, representing a European construction and engineering company in an ICSID arbitration against the Government of Philippines, and representing a European investment bank in derivatives arbitration in London under the LCIA Rules.
Ms. Ahuja is admitted to practice in Hong Kong. She studied in London, Hong Kong and Cambridge.
Matthew Gearing is a Partner in Allen & Overy LLP in the Litigation Group, specialising in international arbitration. His experience includes arbitrations under the ICC, UNCITRAL, SIAC, HKIAC, SCC, LCIA and ICSID Rules in Europe, South America, Trinidad, Barbados, Tanzania, Pakistan, India, Sri Lanka, the former Soviet Union, the Philippines, the People's Republic of China, Korea, Singapore, Vietnam and Indonesia as well as Hong Kong. Mr. Gearing often appears as advocate in his cases. He is a past Co-Chair of the LCIA's Young International Arbitration Group, a member of the LCIA's Asia Pacific Users Council and a Council Member of the Hong Kong International Arbitration Centre. Mr. Gearing is a joint editor of "Russell on Arbitration" and has written and spoken widely on arbitration.
Matthew Gearing qualified in England in 1997, where he is now a Solicitor-Advocate, and qualified in Hong Kong in 2001. He has been based in both London and Hong Kong offices and has acted in a large number of complex and high profile arbitrations around the world.
Bernard Hanotiau is a member of the Brussels and Paris Bars. Since 1978, Bernard Hanotiau has been actively involved in more than 350 international arbitration cases as party-appointed arbitrator, chairman, sole arbitrator, counsel and expert in all parts of the world.
Mr. Hanotiau is a Professor at the law school of Louvain University (Belgium) where he teaches international arbitration. He is a member of the ICCA Council and of the Council of the ICC Institute and a member of the ICC International Arbitration Commission. He is also vice-President of the Institute of Transnational Arbitration (Dallas) and a former vice-President of the LCIA Court. He is a member of the Board of Advisors of the Singapore International Arbitration Center and of the International Advisory Board of the Hong Kong International Arbitration Centre.
He is the author of Complex Arbitrations: Multiparty, Multicontract, Multi-issue and Class Actions (Kluwer, 2006) and of more than 120 articles, most of them relating to international commercial law and arbitration. In March 2011, Mr. Hanotiau received the GAR “Arbitrator of the Year” award.
Henry Peter is Professor of Law at the University of Geneva. Since 1998 he has been Program Director of the Master in Business Law common to the Universities of Lausanne and Geneva. He is also a visiting professor at the University of Freiburg and the University of Lyon 3-Jean Moulin (under a program LL.M. in International and European Law).
Besides his teaching and research, Henry Peter is Senior Partner in a law firm in Lugano. He is frequently appointed as presiding arbitrator, sole arbitrator or co-arbitrator in commercial or sports arbitration.
He has been a member of the Swiss Takeover Board since 2004 and of the Swiss Commission of sanctions on the Swiss Exchange since 2007. He was President of the Geneva Business Law Association from 2003 to 2006. He is a member of the editing board of the Swiss Review of business and financial market law and a board member of the Banking and finance law Centre at the University of Geneva. He is a vice-President of the Swiss Olympic Association chamber disciplinary panel for doping cases. Between 2003 and 2008, he was a member of the expert group on the Concordat insolvency proceedings appointed by the Swiss Federal Office of Justice. He is a member of the Swiss Arbitration Association and president of its Swiss Italian section since 2003.
Henry Peter was honorary consul of Sweden for the Italian-speaking part of Switzerland from 1994 to 2010. He has authored or edited numerous books and articles in his various fields of activity.
Jeff Waincymer is a Professor of international trade law at the faculty of law, Monash University in Melbourne, Australia. He teaches in the fields of arbitration, various international trade subjects, taxation and advocacy through the Vis Moot commercial arbitration competition. He has taught for over 25 years to undergraduates, post-graduates and also to Australian and foreign government officials. He is regularly invited to conduct training programs run through government and aid agencies.
He is a Qualified Legal Practitioner and Accredited Mediator, practicing solely in the fields of international trade, customs, arbitration and ADR. He is also an Australian Government Nominee as a panellist for the WTO and has acted as a panellist. He is also an Australian government nominated ICSID panellist and has been an ICC and SIAC appointed arbitrator. He has also been a consultant to the Australian Law Reform Commission, the Administrative Review Council, the Victorian Government and a number of Federal Departments and agencies.
His research is primarily in the fields of international trade law, arbitration and taxation. He is the author of WTO Litigation: Procedural Aspects of Formal Dispute Settlement, and Australian Income Tax: Principles and Policy, Second Edition, and a joint author of A Practical Guide to International Commercial Arbitration and also International Trade Law: Commentary and Materials, Second Edition. He is the Co-Convenor of the International Trade and Business Law Focus Group of the International Law Section of the Law Council of Australia (the peak Bar Council).
PDF of Title Page and T.O.C.
Foreword
About the Editors
About the Authors
Part I. Advocacy: Which Qualities for Advocates?
Advocacy in International Commercial Arbitration: What For? Elliott Geisinger
Laudatio of Franz Schwarz, Recipient of the Inaugural ASA Prize for Advocacy in International Commercial Arbitration Bernard Hanotiau
Part II. The Advocates: Roles and Rules for Counsel
Professional Conduct in International Arbitration -- Discipline of Its Own for a Discipline of Its Kind Matthew Gearing and Sheila Ahuja
Part III. Advocacy Training
Advocacy Training for International Commercial and Investment Arbitration Jeffrey Waincymer
Institutional Advocacy Training
SAA -- Swiss Arbitration Academy
FIAA -- Foundation for International Arbitration Advocacy
MIDS -- Geneva Master in International Dispute Settlement
Appendices
The ASA Charter for Advocacy in International Commercial Arbitration
The ASA Prize for Advocacy in International Commercial Arbitration
Winner of the 2010 ASA Prize for Advocacy in International Commercial Arbitration
The ASA Conference of 29 January 2010
Selective Bibliography
Index