ICDR Awards and Commentaries - Volume 1
This is the first in a series of regular compilations of arbitration awards in cases administered by the International Centre for Dispute Resolution (ICDR) of the American Arbitration Association (AAA). The book features articles and commentaries by many leading figures in international arbitration and summaries of important court decisions concerning ICDR arbitration cases in the United States and enforcement of ICDR awards outside the United States. This is an invaluable and necessary work for all those who wish to better understand ICDR Awards and their relationship to arbitration law and practice.
PDF Download of Title Page and T.O.C.
Foreword
Richard Naimark
Introduction
Grant Hanessian
About The Editors
About The Contributors
Part I: Articles on ICDR Arbitration Practice
Chapter 1
A Guide to ICDR Case Management
Luis Manuel Martinez
I The ICDR
II The ICDR International Arbitration Rules, (IAR)
III Commencing the Case
IV Appointing the Arbitrators
V Clearing Conflicts and Challenges
VI The Preparatory Conference
VII Emergency Arbitrator Procedure
VIII The ICDR's Guidelines for Arbitrators Concerning Exchanges of Information
IX Other Rules Administered by the ICDR
X International Mediation
XI Conflict Management Efficiencies
Chapter 2
Electronic Discovery in International Arbitration (Revisited)
Julie Bédard and Jonathan L Frank
I E-Discovery Abuse and Spoliation of Evidence in US Litigation
II Institutional Arbitration Guidelines on E-Discovery
A The ICDR Guidelines
B The CIArb Protocol for E-Disclosure in Arbitration
C CPR Protocol on Disclosure of Documents and Presentation of Witnesses in Commercial Arbitration
D Report of the ICC Commission on Arbitration Task Force on the Production of Electronic Documents in Arbitration
E The IBA Rules
III Reflecting on the Recent Guidelines
A Data Retention
B Narrowly Tailored Requests for Production Relating to Specific Categories of Documents
C Privilege Issues
D Production
E The Accessibility of the Requested Data
F Optionality
G Metadata
H Spoliation
IV Conclusion
Chapter 3
Arbitrator Disclosure Standards in a State of Flux
Juan M Alcalá, Camilo Cardozo and Claudia T Salomon
I Revisions to the UNCITRAL Rules
II The ICC's Revised Statement of Acceptance, Availability, and Independence
III Recent Decisions regarding Disclosure Duties
A International Tribunal Decisions
B International Case Law
C US Case Law
IV Conclusion
Chapter 4
The New Bahrain Arbitration Law and the Bahrain
"Free Arbitration Zone"
John M Townsend
I The Problem: Lack of Confidence in the Local Courts
A The Bechtel Case
B Set-Aside Proceedings under the New York Convention
II Designing a Solution to the Problem: The Free Arbitration Zone
A The BCDR's Two Types of Jurisdiction
B The Free Arbitration Zone
III A Remaining Role for the Courts
IV Conclusion
PART II: ICDR Awards and Commentaires
ICDR Case No 152-04
Claims alleging fraud and unjust enrichment and seeking earnout under stock transfer agreement in sale of a Massachusetts company to an Indian company
Commentary
Kana Ellis Caplan and Edward G Kehoe
ICDR Case No 236-04
Alleged breach of agreements to purchase ownership interest in a power generation project in Ecuador
Commentary
Arif Hyder Ali
ICDR Case No 251-04
Default in arbitration proceedings concerning agreements for production and sale of consumer electronics in China
Commentary
John Wilkinson
ICDR Case No 367-04
Claims for breach of satellite broadcasting licensing agreement for television programs rights in North and South America
Commentary
Oliver Armas and Andrea Voelker
ICDR Case No 379-04
Intellectual property claims arising from an agreement between Korean and Taiwanese parties regarding joint development and manufacture of technology
Commentary
Paul Friedland
ICDR Case No 526-04
Non-signatory bound by arbitration agreement and adverse inferences arising from non-compliance with discovery orders in dispute regarding copyright and trademark claims under agreement to manufacture in China
Commentary
Nilufar Hossain, Brian King, Katie Palms and
Alexander Yanos
ICDR Case No 002-05
Disputes regarding medical product licensing agreements between companies in the United States and France
Commentary
C Mark Baker and Lucy Greenwood
ICDR Case No 278-06
Disputes relating to sale of electric resistant piping, considering issues regarding arbitrator's authority to award damages prohibited by contract and to correct errors after issuance of final award
Commentary
Stephanie Oluchukwu Akpa and David W Rivkin
PART III: Recent Court Decisions concerning International Arbitration and ICDR Awards
Chapter 1 Recent United States Court Decisions concerning International Arbitration
I Effect and Enforcement of International Arbitration Agreements
A Mercury Telco Group, Inc, v Empresa de Telecommunicaciones de Bogota SA ESP, 670 F Supp 2d 1350 (SD Fla 2009)
B In the Matter of: Mirant Corporation, MC Asset Recovery LLC v Castex Energy, Inc, 613 F3d 584 (5th Cir 2010)
C Newmont USA Ltd v Ins Co of North America, 615 F3d 1268 (10th Cir 2010)
D Ruiz v Carnival Cruise Lines, Inc, 754 F Supp 2d 1328 (SD Fla 2010)
E Williams v NCL (Bahamas) Ltd, 774 F Supp 2d 1232 (SD Fla 2011)
F Cape Flattery Ltd v Titan Maritime, LLC, 647 F3d 914 (9th Cir 2011)
G Grigsby & Associates, Inc v M Securities Investment, No 09-11817, 2011 US App LEXIS 25217 (11th Cir Dec 20, 2011)
H Republic of Argentina v BG Group PLC, No 11-7021, 2012 US App LEXIS 905 (DC Cir Jan 17, 2012)
II Provisional Measures in International Arbitration
A Ob' Edinennyi Investitsionnyi Bank", No 09-cv-6121, 2010 US Dist LEXIS 19717 (SDNY Mar 3, 2009)
B Everspeed Enterprises Ltd v Skaarup Shipping Int'l, 754 F Supp 2d 395 (D Conn 2010)
C Sojitz Corp v Prithvi Information Solutions, Inc, 82 AD3d 89 (NY App Div 1st Dept 2011)
D In re Application of Thai Lao Lignite (Thailand) Co, 11 Misc 313, 2011 US Dist LEXIS 125464 (DDC Oct 31, 2011)
III Recognition and Enforcement of International Arbitration Awards
A Empresa de Telecommunicaciones de Bogota SA ESP v Mercury Telco Group, Inc, 670 F Supp 2d 1357 (SD Fla 2009)
B EDF Int’l SA v YPF SA, 676 F Supp 2d 317 (D Del 2009)
C Frontera Res Azer Corp v State Oil Co of the Azer Republic, 582 F3d 393 (2d Cir 2009)
D Telenor Mobile Comm AS v Storm LLC, 351 Fed Appx 467 (2d Cir 2009)
E China National Chartering Corp v Pactrans Air & Sea, Inc, No 06 Civ 13107, 2009 US Dist LEXIS 42782 (SDNY Nov 13, 2009)
F TCo Metals, LLC v Dempsey Pipe & Supply, Inc, 592 F3d 329 (2d Cir 2010)
G Polimaster Ltd v RAE Systems, Inc, 623 F3d 832 (9th Cir 2010)
H Continental Transfert Technique Ltd v Federal Gov't of Nigeria, 697 F Supp 2d 46 (DDC 2010)
I International Trading and Industrial Investment Co v DynCorp Aerospace Technology, 763 F Supp 2d 12 (DDC 2011)
J Argentine Republic v National Grid Plc, 637 F3d 365 (DC Cir 2011)
K DRC, Inc v Honduras, 774 F Supp 2d 66 (DDC 2011)
L Constellation Energy Commodities Group Inc v Transfield ER Cape Ltd, 801 F Supp 2d 211 (SDNY 2011)
M Thao-Lao Lignite (Thailand) Co v Government of the Lao People's Democratic Republic, 2011 US Dist LEXIS 87844 (SDNY Aug 3, 2011)
N Figueiredo Ferraz e Engenharia de Projeto Ltda v Republic of Peru, Nos 09-3925, 10-1612 (2d Cir Dec 14, 2011)
O The Ministry of Defense and Support for the Armed Force of the Islamic Republic of Iran v Cubic Defense Systems, Inc, No CV-98- 01165-RMB (9th Cir Dec 15, 2011)
P Belize Social Development Limited v Government of Belize, No 10-7167, 2012 US App LEXIS 727 (DC Cir Jan 13, 2012)
Q Greatship (India) Limited v Marine Logistics Solutions (Marsol) LLC, No 11 Civ 420, 2012 US Dist LEXIS 8231 (SDNY
Jan 24, 2012)
Chapter 2 Court Decisions outside United States concerning ICDR/AAA Awards
Colombia
Eduardo Zuleta
Indistri SA v SAP Andina y del Caribe CA Colombia (Superior Tribunal of Bogotá, 2010)
I Introduction
II Facts
III Decision
IV Commentary
Chile
Francisco Grob Duhalde, Antonio Ortúzar, Sr and Rodrigo Díaz de Valdés
Western Technology Services International Inc v Cauchos Industriales SA (Sup Ct 2010)
I Introduction
II Arbitration Proceedings
III Exequatur Proceedings
IV Supreme Court's Decision
Appendices
ICDR International Arbitration Rules
ICDR Guidelines for Arbitrators concerning Exchanges of Information
ICDR's Guide to Drafting Dispute Resolution Clauses
Index
About the Editor:
Grant Hanessian, a Partner in Baker McKenzie’s New York office, has more than 30 years experience as counsel and arbitrator in disputes concerning investment, energy, construction, commodities, financial services, intellectual property and other matters. He served as global head of Baker McKenzie's International Arbitration group from 2008-2015 and head of its North American International Arbitration group from 2003-2018. Mr. Hanessian currently serves as US member of the ICC International Court of Arbitration; chairman of the ICC-USA arbitration committee, US vice president of the LCIA North American users’ council, member of the AAA-ICDR international advisory committee and its advisory committee on Brazil and founding board member of the New York International Arbitration Center. He has edited four books and written more than 40 articles on international arbitration subjects and is annually recommended by Chambers Global and Chambers USA (“very knowledgeable and strategic in his offering of critical advice”, "an elite lawyer", “very experienced, hugely knowledgeable and effective”, a "powerful advocate for clients"), The Legal 500 (“a great practitioner” with a “strong commercial profile”), PLC’s Which Lawyer?, Who’s Who Legal: Arbitration and Expert Guide to Leading Practitioners in International Arbitration (“best of the best” in international commercial arbitration). Mr. Hanessian is Adjunct Professor of Law at Fordham Law School, where he teaches the International Arbitration Practicum course.
Associate Editor:
Jacob M. Kaplan is an Associate in Baker & McKenzie's New York office and a member of the Firm's Dispute Resolution Practice Group. Mr. Kaplan primarily handles international litigation and commercial arbitration. He has participated in ICSID, ICDR and ad hoc arbitrations, as well as state and federal litigation involving the Foreign Sovereign Immunities Act, Racketeer Influenced and Corrupt Organizations Act and the Uniform Trade Secrets Act, in addition to general contract disputes. He regularly contributes to - and assists in the editing of - Baker & McKenzie's International Litigation and Arbitration Alerts newsletter. He is also one of the primary authors of "Obtaining Evidence Located in the US for Use in Foreign Litigation," published in the first volume of International Business Litigation & Arbitration. A member of the ABA, the New York State Bar Association, and the New York City Bar, he served as secretary of the Arbitration Committee of the New York City Bar and currently serves as secretary of the International Arbitration Club of New York. Mr. Kaplan was a law clerk for the Honorable Milton Pollack of the Southern District of New York and an intern for the Honorable Sonia Sotomayor of the Second Circuit Court of Appeals. Mr. Kaplan holds a B.A. from Yale University and a J.D. from Columbia Law School and was awarded the Parker School Certificate for Achievement in International and Comparative Law.
Contributors:
Stephanie Oluchukwu Akpa is a Litigation Associate in the New York office of Debevoise & Plimpton LLP. Her practice focuses on white collar civil and criminal investigations, international arbitration and dispute resolution, and regulatory compliance. Ms. Akpa is admitted to the Bar of New York. She is a member of the New York State Bar Association, the New York City Bar Association, and the American Society of International Law. Ms. Akpa also coordinates Debevoise’s legal clinic with KIPP Academy middle school in Bronx, New York and is a member of the firm's Women's Resource Group. She received her J.D. from Yale Law School in 2009 and her B.A. cum laude from the University of California, San Diego in 2006.
Juan M. Alcalá is a Partner and head of the International Disputes Practice at Gardere Wynne. His practice concentrates on handling high-stakes transnational disputes, including disputes with parallel proceedings pending before Latin American courts, arbitral tribunals and United States state and federal courts. As an author and speaker, Mr. Alcalá focuses on issues related to international litigation and arbitration. Mr. Alcalá also serves on the Advisory Board for the University of Texas' Center for Global Energy, International Arbitration and Environmental Law. He is a graduate of Yale University and the University of Texas School of Law.
Arif Hyder Ali is a Partner in the Washington, DC office of Weil, Gotshal & Manges and co-chair of Weil’s International Arbitration Practice. He has held positions as Senior Counsel at the World Intellectual Property Organization's (WIPO) Arbitration and Mediation Center, as a Section Chief at the UN Compensation Commission, and also practiced international arbitration and public international law in Paris, France, and Houston, Texas. Mr. Ali is also an Adjunct Professor of Law at Georgetown University, where he teaches international commercial and investment arbitration, and an Honorary Lecturer and member of the Global Faculty at the University of Dundee’s Centre for Energy, Mining and Petroleum Law and Policy. He earned his Bachelor of Arts degree (B.A.), summa cum laude, from Columbia University and his Juris Doctor (J.D.) degree from New York University School of Law. He is ranked and recognized as one of the leading international arbitration practitioners by several international legal journals and publications. He is fluent in French, Spanish, Hindi and Urdu, and also speaks Portuguese and Bengali.
Oliver Armas is a Partner in the New York office of Chadbourne & Parke . Mr. Armas handles complex domestic and international disputes. A significant part of Mr. Armas's practice involves representing foreign and domestic clients in arbitrations before the ICC, AAA/ICDR, LCIA, ICSID, the Court of Arbitration for Sport (CAS), and other tribunals. Because he is fluent in Spanish (and can understand Portuguese), a significant portion of his practice involves counseling clients on various matters involving Latin America. Mr. Armas has acted as a legal expert on certain aspects of US law in foreign proceedings (taking place in, for example, Mexico and Peru), and has supervised litigation throughout Latin America.
C. Mark Baker is a Partner in the Houston office of Fulbright & Jaworski and Co-Head of the firm's 17-office International Department and its Arbitration and ADR Practice Group. In addition to acting as lead Counsel in cases involving energy contracts, power purchase/sales agreements, construction contracts, project finance/development agreements, joint ventures and complex financial transactions, Mr. Baker has chaired, on average, eight international arbitration cases each year since 1998. He was selected for the 2012 edition of The Best Lawyers in America for International Arbitration, Commercial and International Arbitration, and Governmental. In 2011, Latin Lawyer 250 reported Mr. Baker to be "one of the titans of the arbitration world globally," Who's Who Legal described him as a “very experienced energy practitioner" and "top-notch" as co-head of Fulbright's international department and co-head of the arbitration and ADR group, Legal 500 U.S. ranked him as one of 17 "Leading Lawyers" in International Arbitration and described him as “impressive,” and Practical Law Company (PLC) endorsed him as one of only four lawyers in Texas for “PLC Which Lawyer- Arbitration.” In 2010, the National Law Journal named Mr. Baker as "One of the Decade's 40 Most Influential Lawyers", Latin Business Chronicle recognized him as one of 30 Leading Foreign Lawyers for Latin America, and Finance Monthly Magazine named him "Arbitration Lawyer of the Year." In the 2009 Chambers Latin America Mr. Baker was one of the four "Leading Individuals" for international arbitration. In 2008, the AAA recognized him as its "Outstanding Director." In 2007 and 2008, he was recognized by Latin Lawyer for his work as lead counsel in the international arbitration selected as the most significant legal dispute in Latin and South America. He is internationally ranked for his arbitration work by Chambers Global, Chambers USA, Chambers Latin America, Global Counsel, LawDragon, Legal 500, The International Who's Who of Commercial Arbitration, The International Who's Who of Commercial Mediation, The International Who’s Who of Business Lawyers, Who's Who of Oil & Gas Lawyers, PLC, and The Best Lawyers in America. Mr. Baker is a member of the LCIA Company, is a former LCIA Court Member, Vice Chairman of the LCIA North American Council, an Executive Committee Member and Director of the American Arbitration Association and a member of the ICC Commission. He is a frequent speaker and author on international law and international arbitration topics. He received his JD from Duke University Law School with highest honors and his BA summa cum laude from Yale University.
Julie Bédard is a Partner in Skadden's International Litigation and Arbitration Group. She advises multinationals and companies with international operations on their dispute resolution needs. She has served as counsel in U.S. commercial litigation and international arbitration proceedings held under the auspices of the International Chamber of Commerce, the American Arbitration Association, the International Centre for Dispute Resolution and the International Centre for Settlement of Investment Disputes. She also acts as arbitrator in commercial disputes. Ms. Bédard is fluent in French, Spanish and Romanian and understands Portuguese and Italian. She has been selected for inclusion in The Best Lawyers in America (2012), Global Arbitration Review’s "45 under 45" (2011), Chambers Global: The World's Leading Lawyers for Business (2011), Chambers USA: America's Leading Lawyers for Business (2009-2011), Chambers Latin America (2011), Global Arbitration Review's International Who's Who of Commercial Arbitration (2011) and Euromoney's Guide to the World's Leading Commercial Arbitration Experts (2011).
Kana Ellis Caplan is an Associate in the New York office of King & Spalding and a member of the firm's International Arbitration and Business Litigation Practice Groups. She represents clients in commercial disputes before courts and arbitral tribunals, with a focus on cross-border proceedings, matters involving state-owned enterprises and sovereigns, and matters involving the energy industry. Her experience includes litigations and arbitrations relating to arbitration award enforcement, 1782 discovery, bilateral investment treaties, breach of contract, financial transactions, and privatization agreements. Ms. Caplan graduated from Georgetown University Law Center in 2007 where she was Managing Editor of the Georgetown Journal on Poverty Law and Policy. She received her Bachelor of Science, summa cum laude, in 2003 from the University of Alabama.
Camilo Cardozo is a Partner in the New York office of DLA Piper. Mr. Cardozo focuses his practice on sophisticated international arbitration and litigation, particularly international disputes involving Latin American parties. He has significant experience in matters concerning international trade, financial transactions, investment disputes, construction disputes, commodities, insurance and shipping. Mr. Cardozo has handled international arbitration matters under the various international arbitration rules, including the AAA/ICDR, ICC, LCIA, ICSID and UNCITRAL, as well as SMA, and in a variety of forums, including those located in the US, the UK, Mexico, Spain, Chile and Colombia.
Rodrigo Díaz de Valdés is a Partner in the Santiago office of Baker & McKenzie and a member of the Dispute Resolution and Antitrust Practice Groups. Mr. Díaz de Valdés is widely experienced in civil, commercial, regulatory, insurance, finance, insolvency, bankruptcy and constitutional litigation and has routinely worked on complex dispute resolution, arbitration and antitrust matters. He serves as arbitrator at the Center of Arbitration and the Chamber Commerce of Santiago and is a professor of constitutional law at one of the leading law schools in Chile. Mr. Díaz de Valdés has written articles for various publications, particularly focused on constitutional, civil liabilities, securities and bankruptcy matters. He is ranked among the most recommended lawyers for dispute resolution by Chambers & Partners. Mr. Díaz de Valdés earned an LL.B. and License in Law from the Catholic University of Chile in 1998, as well as a Master in International Human Rights Law from the University of Oxford in 2010.
Jonathan L. Frank is a Partner in the New York office of Skadden, Arps, Slate, Meagher & Flom. Mr. Frank joined the Litigation Group at Skadden in 1999 after years as an executive assistant district attorney in Brooklyn, N.Y., during which he successfully tried numerous high-profile murder cases, receiving national recognition for his work. Mr. Frank’s practice is focused on complex commercial litigations and international arbitrations. Most recently, Mr. Frank successfully represented Anglo Irish Bank in its international arbitration against Peninsula Real Estate Fund I, GP stemming from a real estate development partnership the Bank funded. Among other cases that he has tried while at Skadden, Mr. Frank was a member of the trial team that won a defendant’s verdict on all claims in favor of DaimlerChrysler AG and against Tracinda Corporation. The trial in the U.S. District Court of Delaware involved securities fraud claims of more than $1 billion, making it the largest securities case ever tried in federal court. The National Law Journal awarded the defense team the "2005 Top Defense Win of the Year." In all, Mr. Frank has conducted more than 30 jury trials, briefed and argued more than 30 appeals, and directly supervised dozens more of each. He has been profiled in the New York Law Journal for his skills and persuasiveness, both as a trial lawyer and as an appellate advocate. He has written and been invited to speak on a wide range of topics, including at the International Chamber of Commerce 27 Annual Colloquium, in Paris, France in November 2010.
Paul Friedland is a Partner in White & Case's New York office and global head of the Firm's International Arbitration Practice Group, a Group which includes 125 lawyers. Mr. Friedland has served as arbitrator or counsel in numerous international arbitrations, is repeatedly ranked among the world's leading arbitration practitioners, and holds or has held leadership positions at the major arbitration institutions, including the AAA (as Director, Executive Committee member and Chair of the Law Committee), the LCIA (as Court member from 2005-10) and the IBA (as Vice Chair of the Arbitration Committee).
Lucy Greenwood is an accredited Foreign Legal Consultant in the Houston office of Fulbright & Jaworski and a qualified solicitor in England Wales. She has over a decade of experience working with energy companies, banks, investment groups, airlines, media groups and many others in relation to international disputes, commercial litigation and regulatory proceedings. Ms. Greenwood specializes in international arbitration and, since 1999, has served as counsel in cases under the LCIA, UNCITRAL, ICC, LMAA, and ICDR Arbitration Rules, relating to matters as diverse as oil and gas, electricity generation, joint ventures, exploration and development, motor-racing and telecommunications. The venues of the international arbitration and litigation cases in which Ms. Greenwood has been involved include England, France, Switzerland, United States, Italy and Russia. The laws applicable to resolve the international disputes in which she has been involved include international law and the laws of Switzerland, France, England, Texas, Chile, India, Hungary, Trinidad and Venezuela. She has particular experience with oil and gas disputes and questions of interpretation and construction under English law. Ms. Greenwood has been mentioned as "One to Watch" by Global Arbitration Review (2009 - 2011) and as an Expert in International Arbitration by Legal 500 (2003, 2004). She received her B.A. in Law at Trinity Hall in Cambridge University in 1994, in 1995 completed a Legal Practice Course at the College of Law in Chester; and in 1996 received her M.A. in Law at Trinity Hall in Cambridge University. She qualified in 1998 as Solicitor in England and Wales, in 2008 as a Foreign Legal Consultant and in 2011 as a Fellow of the Chartered Institute of Arbitrators. More information can be found at www.fulbright.com/lgreenwood.
Francisco Grob Duhalde is a member of the Dispute Resolution Practice Group in Baker & McKenzie’s Santiago office. His areas of expertise include litigation as well as domestic and international arbitration.
Nilufar Hossain is an Associate in the New York office of Freshfields Bruckhaus Deringer, where she focuses on international arbitration, complex civil litigation and white-collar defense matters. She has experience with commercial and investment treaty arbitrations as well as with securities litigation and cross-border regulatory investigations. Ms. Nilufar earned her BA, magna cum laude, from Harvard University and her JD from New York University School of Law. Ms. Nilufar also holds an MA in French Language & Civilization from Middlebury College. She speaks English and French and reads Spanish.
Edward G. Kehoe is head of King & Spalding's New York Business Litigation Group and co-head of the firm’s International Arbitration Practice. Mr. Kehoe has more than twenty years of experience in business arbitration and litigation, with a focus on international disputes primarily in the sectors of energy, construction, environmental, finance/banking, and insurance. In addition to serving as counsel, Mr. Kehoe sits as an arbitrator and is listed as an arbitrator on the Panel of Neutrals for the International Centre for Dispute Resolution. He is a frequent writer and lecturer on international arbitration issues. Mr. Kehoe is a member of the Board of Editors of the Global Arbitration Review and serves on the Advisory Board of the Institute for Transnational Arbitration. He holds a bachelors degree in accounting from Lehigh University and a J.D. from St. John's Law School.
Brian King is a Partner in the New York office of Freshfields Bruckhaus Deringer and a member of the firm’s International Arbitration Group. Mr. King has acted as counsel or arbitrator in more than 100 investment and commercial arbitration proceedings, under all major sets of arbitration rules, with a particular focus on the energy, financial and construction sectors. As counsel, he has acted for investors or states in some of the largest disputes to date. Mr. King regularly lectures and publishes on arbitration-related topics. He speaks English and Dutch, and reads Spanish and French.
Luis M. Martinez is Vice President of the International Centre for Dispute Resolution (ICDR), located in New York, and President of the Inter-American Commercial Arbitration Commission (IACAC). Mr. Martinez serves as an integral part of the ICDR's international strategy team and is responsible for international arbitration and mediation business development for the United States' North-East region and Central and South America. In his capacity as President of the IACAC, Mr. Martinez is responsible for the oversight of its network of arbitral centers throughout the Americas. For the last several years, Mr. Martinez worked as the Vice President responsible for the ICDR's international administrative services and prior to that he held the position of a staff attorney for the AAA's Office of the General Counsel. Mr. Martinez received a Bachelor's Degree from Georgian Court College and a Juris Doctor degree from St. John's University School of Law. He has had numerous articles published on international arbitration and has appeared as a speaker in programs throughout the world.
Antonio Ortuzar, Sr. is Of Counsel in the Santiago office of Baker & McKenzie and the chairman of its Dispute Resolution Practice Group. Mr. Ortuzar has worked on numerous litigation and arbitration cases, and routinely represents international and Chilean clients in complex disputes involving antitrust, torts, product liability commercial law, insolvency and bankruptcy matters. He is a member of the Chilean Bar Association, listed arbitrator with the Arbitration and Mediation Centre of the Santiago Chamber of Commerce and likewise serves as arbitrator for the Centro Nacional de Arbitraje. He is author of The Leasing Agreement and co-author of the Chilean chapter of Getting the Deal Through—Private Antitrust Litigation 2009. Mr. Ortuzar earned his LL.B. from the University of Chilé in 1955.
Katie Palms is an Associate in Freshfields Bruckhaus Deringer's New York office. She has experience representing institutions and individuals in a variety of dispute resolution areas, including ICSID arbitration, civil litigation and regulatory and internal investigations. Recent cases include an ICSID arbitration against the Republic of Venezuela and a multi-jurisdictional Foreign Corrupt Practices Act investigation by the US Department of Justice and Securities Exchange Commission. Ms. Palms earned her BA, magna cum laude, from Yale College and her JD, cum laude, from Harvard Law School.
David W. Rivkin is a Litigation Partner in the New York and London offices of Debevoise & Plimpton and Co-Chair of the firm's International Dispute Resolution Group. Mr. Rivkin has broad experience in the areas of international litigation and arbitration. He has handled international arbitrations throughout the world and before virtually every major arbitration institution. Subjects of these arbitrations have included long-term energy concessions, investment treaties, joint venture agreements, insurance coverage, construction contracts, distribution agreements and intellectual property, among others. Mr. Rivkin also represents European, Latin American and Asian companies in transnational litigation in the United States, including the enforcement of arbitral awards and arbitration agreements. Mr. Rivkin is consistently ranked as one of the top international dispute resolution practitioners in the world. Most recently, he was ranked among the top eleven international arbitration practitioners worldwide in Chambers Global (2011), which calls him "among the very, very best," while Chambers Global (2010) noted that he is "wonderful as counsel and wonderful as arbitrator" and is well regarded for producing "high-quality work that is fair and balanced." He is also ranked as the leading American in international arbitration in Who's Who Legal (2010) and in Euromoney's Expert Guide to the Leading Lawyers: Best of the Best (2011). In March 2011, the National Law Journal listed Mr. Rivkin as one of the country’s “Most Influential Attorneys." Mr. Rivkin is active in many professional organizations. Among others, he is the Secretary-General of the International Bar Association (IBA); President of the LCIA North American Users Council (and a former member of the Court); a member of the Board of Directors of the Arbitration Institute of the Stockholm Chamber of Commerce and the Singapore International Arbitration Centre; and a member of the Council on Foreign Relations. He is a former member of the Board of Directors and Executive Committee of the American Arbitration Association, for which he also led various committees.
Claudia T. Salomon is a Partner in the New York office of DLA Piper and co-chair of the firm's International Arbitration practice. She is a leading practitioner in significant investor treaty arbitration and international commercial arbitration cases under the AAA/ICDR, ICC, ICSID, LCIA, Stockholm, UNCITRAL and Vienna rules, around the world, under a wide variety of governing laws. The Global Arbitration Review has named Ms. Salomon one of the world's top 30 women in international arbitration and one of its "45 under 45" in international arbitration. Chambers USA: America's Leading Lawyers for Business has repeatedly cited her, noting that clients describe her as "a fantastic lawyer who is a key driving force behind the firm's growth in international arbitration" and say "she is excellent in terms of both obtaining results and her levels of client service." Ms. Salomon is recognized in The Best Lawyers in America for commercial international arbitration and the International Who's Who of Commercial Arbitration.
John M. Townsend is a Partner in the Washington office of Hughes Hubbard & Reed LLP and chair of the Firm’s Arbitration and ADR Group. He was the Chairman of the Board of Directors of the American Arbitration Association from 2007 to 2010 and previously chaired the AAA’s Executive Committee and Law Committee. Currently, Mr. Townsend chairs the AAA’s Nominating and Governance Committee. Mr. Townsend was named by President Bush to the Panel of Arbitrators of ICSID in 2008. He is a Trustee as well as a member of the Arbitration and Competition Law Committees of the U.S. Council for International Business and chairs the USCIB’s European Privilege Task Force. He was the first Chair of the Mediation Committee of the International Bar Association (2005-2006), and is also a member of the College of Commercial Arbitrators. Mr. Townsend is a member of the American Law Institute and serves as an Adviser to the ALI’s project to prepare a Restatement of the Law of International Commercial Arbitration. Mr. Townsend is a graduate of Yale University (B.A., 1968) and Yale Law School (J.D., 1971).
Andrea Voelker is a Litigation Associate in the New York office of Chadbourne & Parke. Ms. Voelker's practice focuses on securities, general commercial and intellectual property litigation. Ms. Voelker is a member of the American Bar Association, New York State Bar Association and is active in Chadbourne & Parke's pro bono program. She earned her J.D., cum laude, from Fordham University School of Law and her B.A., summa cum laude, from State University of New York, University at Buffalo.
John Wilkinson has served as an Arbitrator and Mediator of numerous large and complex corporate disputes. He has written extensively on the field of arbitration and mediation and was editor and co-author of the ADR Practice Book (previously underlined—now italicized) which received an award and honorarium as the best dispute resolution book of 1993. He has often spoken on the subject of arbitration and mediation to a wide array of professional and bar association groups, corporate legal departments and law school classes, as well as to the legal department of the Navy. He is a Fellow and a member of the Board of Directors of the College of Commercial Arbitrators and serves on the arbitration and mediation panels of a number of ADR providers. He is Co-Chair of the Arbitration Committee and in 2008 served as Co-Chair of the Mediatiaon Committee of the Dispute Resolution Section of the New York State Bar Association ("DRS"). He is currently Vice Chair of the DRS and also Vice Chair of the ABA Arbitration Committee. He recently served on a six-person committee that revised the Model Standards of Conduct for Mediators.
Alexander Yanos is a Partner in the New York office of Freshfields Bruckhaus Deringer and a member of the firm’s dispute resolution practice. Mr. Yanos has spent over twelve years litigating and arbitrating commercial and financial disputes. As a litigator he has focused on multijurisdictional disputes involving US securities, banking, antitrust and insurance laws on behalf of US and international clients. He has handled matters before federal and state courts in New York, Georgia, Texas and Virginia. He is a member of Freshfields' insurance, construction and Latin America practice groups. Mr. Yanos has acted as arbitration counsel in matters before the ICJ, ICSID, the ICC, the Stockholm Chamber of Commerce, the AAA, the Hong Kong International Arbitration Center, the Inter-American Commercial Arbitration Commission and the LCIA. He has specialized in disputes involving sovereigns, handling arbitrations in disputes before the ICC, ICSID and the ICJ, in ICSID arbitrations and before US courts. Before beginning his private practice, Mr. Yanos clerked for the Honorable Jerome Farris, in the Court of Appeals for the Ninth Circuit. He received his BA from Princeton University, graduating magna cum laude, and received his JD from the Columbia University Law School, where he was a Notes Editor for the Columbia Law Review and a Harlan Fiske Stone Scholar. Mr. Yanos speaks English, French, German, Russian, Greek and some Spanish. He has authored a forthcoming article with WW Park, entitled 'Treaties and the Constitution: The Emerging Conflict in Enforcement of Arbitral Awards'.
David Zaslowsky has been with Baker & McKenzie since graduating from Yale Law School in 1984. He practices in the area of general commercial litigation and arbitration. Mr. Zaslowsky has appeared in various Federal and State courts (trial and appellate) throughout the country and has participated in arbitrations, both inside and outside the United States, before the American Arbitration Association, International Chamber of Commerce, International Centre for Dispute Resolution, Iran-United States Claims Tribunal, Hong Kong International Arbitration Center and NASD, as well as in ad hoc arbitrations. He is co-author of the International Litigation column in the New York Law Journal and speaks regularly at arbitration seminars around the world. Mr. Zaslowsky is included in the Chambers USA Guide for his expertise in International Arbitration. He is also on the roster of arbitrators for the International Centre for Dispute Resolution.
Eduardo Zuleta is head of the Arbitration and Investment Protection Group at Gomez-Pinzón Zuleta Abogados. He was previously a Partner of an international law firm and the Founding Partner of Zuleta & Partners, a leading arbitration boutique in Colombia. He is Vice-Chair of the Arbitration Committee of the IBA, member of the advisory counsel of the Institute for Transnational Arbitration and member of the Latin-American Group of Arbitration of the ICC.
Mr. Zuleta graduated JD (with honors) from Universidad del Rosario with post graduate studies in financial law and international dispute resolution. He is professor of law in international contracts and international dispute resolution. He has lectured in international arbitration courses organized by several universities and academic institutions and has taken part in various seminars and conferences in Europe, the United States and Latin America. He has advised and represented States, State entities and private companies in international commercial arbitration and has acted as chair, co-arbitrator and sole arbitrator in international commercial arbitration related to telecommunications, energy, infrastructure, construction, distribution and corporate and commercial matters under ICC, UNCITRAL and ICDR Rules as well as under local rules in Latin American Venues. He has also acted as advisor in investment cases and as chair and co-arbitrator in investment arbitrations under ICSID and UNCITRAL Rules
About the Editor:
Grant Hanessian, a Partner in Baker McKenzie’s New York office, has more than 30 years experience as counsel and arbitrator in disputes concerning investment, energy, construction, commodities, financial services, intellectual property and other matters. He served as global head of Baker McKenzie's International Arbitration group from 2008-2015 and head of its North American International Arbitration group from 2003-2018. Mr. Hanessian currently serves as US member of the ICC International Court of Arbitration; chairman of the ICC-USA arbitration committee, US vice president of the LCIA North American users’ council, member of the AAA-ICDR international advisory committee and its advisory committee on Brazil and founding board member of the New York International Arbitration Center. He has edited four books and written more than 40 articles on international arbitration subjects and is annually recommended by Chambers Global and Chambers USA (“very knowledgeable and strategic in his offering of critical advice”, "an elite lawyer", “very experienced, hugely knowledgeable and effective”, a "powerful advocate for clients"), The Legal 500 (“a great practitioner” with a “strong commercial profile”), PLC’s Which Lawyer?, Who’s Who Legal: Arbitration and Expert Guide to Leading Practitioners in International Arbitration (“best of the best” in international commercial arbitration). Mr. Hanessian is Adjunct Professor of Law at Fordham Law School, where he teaches the International Arbitration Practicum course.
Associate Editor:
Jacob M. Kaplan is an Associate in Baker & McKenzie's New York office and a member of the Firm's Dispute Resolution Practice Group. Mr. Kaplan primarily handles international litigation and commercial arbitration. He has participated in ICSID, ICDR and ad hoc arbitrations, as well as state and federal litigation involving the Foreign Sovereign Immunities Act, Racketeer Influenced and Corrupt Organizations Act and the Uniform Trade Secrets Act, in addition to general contract disputes. He regularly contributes to - and assists in the editing of - Baker & McKenzie's International Litigation and Arbitration Alerts newsletter. He is also one of the primary authors of "Obtaining Evidence Located in the US for Use in Foreign Litigation," published in the first volume of International Business Litigation & Arbitration. A member of the ABA, the New York State Bar Association, and the New York City Bar, he served as secretary of the Arbitration Committee of the New York City Bar and currently serves as secretary of the International Arbitration Club of New York. Mr. Kaplan was a law clerk for the Honorable Milton Pollack of the Southern District of New York and an intern for the Honorable Sonia Sotomayor of the Second Circuit Court of Appeals. Mr. Kaplan holds a B.A. from Yale University and a J.D. from Columbia Law School and was awarded the Parker School Certificate for Achievement in International and Comparative Law.
Contributors:
Stephanie Oluchukwu Akpa is a Litigation Associate in the New York office of Debevoise & Plimpton LLP. Her practice focuses on white collar civil and criminal investigations, international arbitration and dispute resolution, and regulatory compliance. Ms. Akpa is admitted to the Bar of New York. She is a member of the New York State Bar Association, the New York City Bar Association, and the American Society of International Law. Ms. Akpa also coordinates Debevoise’s legal clinic with KIPP Academy middle school in Bronx, New York and is a member of the firm's Women's Resource Group. She received her J.D. from Yale Law School in 2009 and her B.A. cum laude from the University of California, San Diego in 2006.
Juan M. Alcalá is a Partner and head of the International Disputes Practice at Gardere Wynne. His practice concentrates on handling high-stakes transnational disputes, including disputes with parallel proceedings pending before Latin American courts, arbitral tribunals and United States state and federal courts. As an author and speaker, Mr. Alcalá focuses on issues related to international litigation and arbitration. Mr. Alcalá also serves on the Advisory Board for the University of Texas' Center for Global Energy, International Arbitration and Environmental Law. He is a graduate of Yale University and the University of Texas School of Law.
Arif Hyder Ali is a Partner in the Washington, DC office of Weil, Gotshal & Manges and co-chair of Weil’s International Arbitration Practice. He has held positions as Senior Counsel at the World Intellectual Property Organization's (WIPO) Arbitration and Mediation Center, as a Section Chief at the UN Compensation Commission, and also practiced international arbitration and public international law in Paris, France, and Houston, Texas. Mr. Ali is also an Adjunct Professor of Law at Georgetown University, where he teaches international commercial and investment arbitration, and an Honorary Lecturer and member of the Global Faculty at the University of Dundee’s Centre for Energy, Mining and Petroleum Law and Policy. He earned his Bachelor of Arts degree (B.A.), summa cum laude, from Columbia University and his Juris Doctor (J.D.) degree from New York University School of Law. He is ranked and recognized as one of the leading international arbitration practitioners by several international legal journals and publications. He is fluent in French, Spanish, Hindi and Urdu, and also speaks Portuguese and Bengali.
Oliver Armas is a Partner in the New York office of Chadbourne & Parke . Mr. Armas handles complex domestic and international disputes. A significant part of Mr. Armas's practice involves representing foreign and domestic clients in arbitrations before the ICC, AAA/ICDR, LCIA, ICSID, the Court of Arbitration for Sport (CAS), and other tribunals. Because he is fluent in Spanish (and can understand Portuguese), a significant portion of his practice involves counseling clients on various matters involving Latin America. Mr. Armas has acted as a legal expert on certain aspects of US law in foreign proceedings (taking place in, for example, Mexico and Peru), and has supervised litigation throughout Latin America.
C. Mark Baker is a Partner in the Houston office of Fulbright & Jaworski and Co-Head of the firm's 17-office International Department and its Arbitration and ADR Practice Group. In addition to acting as lead Counsel in cases involving energy contracts, power purchase/sales agreements, construction contracts, project finance/development agreements, joint ventures and complex financial transactions, Mr. Baker has chaired, on average, eight international arbitration cases each year since 1998. He was selected for the 2012 edition of The Best Lawyers in America for International Arbitration, Commercial and International Arbitration, and Governmental. In 2011, Latin Lawyer 250 reported Mr. Baker to be "one of the titans of the arbitration world globally," Who's Who Legal described him as a “very experienced energy practitioner" and "top-notch" as co-head of Fulbright's international department and co-head of the arbitration and ADR group, Legal 500 U.S. ranked him as one of 17 "Leading Lawyers" in International Arbitration and described him as “impressive,” and Practical Law Company (PLC) endorsed him as one of only four lawyers in Texas for “PLC Which Lawyer- Arbitration.” In 2010, the National Law Journal named Mr. Baker as "One of the Decade's 40 Most Influential Lawyers", Latin Business Chronicle recognized him as one of 30 Leading Foreign Lawyers for Latin America, and Finance Monthly Magazine named him "Arbitration Lawyer of the Year." In the 2009 Chambers Latin America Mr. Baker was one of the four "Leading Individuals" for international arbitration. In 2008, the AAA recognized him as its "Outstanding Director." In 2007 and 2008, he was recognized by Latin Lawyer for his work as lead counsel in the international arbitration selected as the most significant legal dispute in Latin and South America. He is internationally ranked for his arbitration work by Chambers Global, Chambers USA, Chambers Latin America, Global Counsel, LawDragon, Legal 500, The International Who's Who of Commercial Arbitration, The International Who's Who of Commercial Mediation, The International Who’s Who of Business Lawyers, Who's Who of Oil & Gas Lawyers, PLC, and The Best Lawyers in America. Mr. Baker is a member of the LCIA Company, is a former LCIA Court Member, Vice Chairman of the LCIA North American Council, an Executive Committee Member and Director of the American Arbitration Association and a member of the ICC Commission. He is a frequent speaker and author on international law and international arbitration topics. He received his JD from Duke University Law School with highest honors and his BA summa cum laude from Yale University.
Julie Bédard is a Partner in Skadden's International Litigation and Arbitration Group. She advises multinationals and companies with international operations on their dispute resolution needs. She has served as counsel in U.S. commercial litigation and international arbitration proceedings held under the auspices of the International Chamber of Commerce, the American Arbitration Association, the International Centre for Dispute Resolution and the International Centre for Settlement of Investment Disputes. She also acts as arbitrator in commercial disputes. Ms. Bédard is fluent in French, Spanish and Romanian and understands Portuguese and Italian. She has been selected for inclusion in The Best Lawyers in America (2012), Global Arbitration Review’s "45 under 45" (2011), Chambers Global: The World's Leading Lawyers for Business (2011), Chambers USA: America's Leading Lawyers for Business (2009-2011), Chambers Latin America (2011), Global Arbitration Review's International Who's Who of Commercial Arbitration (2011) and Euromoney's Guide to the World's Leading Commercial Arbitration Experts (2011).
Kana Ellis Caplan is an Associate in the New York office of King & Spalding and a member of the firm's International Arbitration and Business Litigation Practice Groups. She represents clients in commercial disputes before courts and arbitral tribunals, with a focus on cross-border proceedings, matters involving state-owned enterprises and sovereigns, and matters involving the energy industry. Her experience includes litigations and arbitrations relating to arbitration award enforcement, 1782 discovery, bilateral investment treaties, breach of contract, financial transactions, and privatization agreements. Ms. Caplan graduated from Georgetown University Law Center in 2007 where she was Managing Editor of the Georgetown Journal on Poverty Law and Policy. She received her Bachelor of Science, summa cum laude, in 2003 from the University of Alabama.
Camilo Cardozo is a Partner in the New York office of DLA Piper. Mr. Cardozo focuses his practice on sophisticated international arbitration and litigation, particularly international disputes involving Latin American parties. He has significant experience in matters concerning international trade, financial transactions, investment disputes, construction disputes, commodities, insurance and shipping. Mr. Cardozo has handled international arbitration matters under the various international arbitration rules, including the AAA/ICDR, ICC, LCIA, ICSID and UNCITRAL, as well as SMA, and in a variety of forums, including those located in the US, the UK, Mexico, Spain, Chile and Colombia.
Rodrigo Díaz de Valdés is a Partner in the Santiago office of Baker & McKenzie and a member of the Dispute Resolution and Antitrust Practice Groups. Mr. Díaz de Valdés is widely experienced in civil, commercial, regulatory, insurance, finance, insolvency, bankruptcy and constitutional litigation and has routinely worked on complex dispute resolution, arbitration and antitrust matters. He serves as arbitrator at the Center of Arbitration and the Chamber Commerce of Santiago and is a professor of constitutional law at one of the leading law schools in Chile. Mr. Díaz de Valdés has written articles for various publications, particularly focused on constitutional, civil liabilities, securities and bankruptcy matters. He is ranked among the most recommended lawyers for dispute resolution by Chambers & Partners. Mr. Díaz de Valdés earned an LL.B. and License in Law from the Catholic University of Chile in 1998, as well as a Master in International Human Rights Law from the University of Oxford in 2010.
Jonathan L. Frank is a Partner in the New York office of Skadden, Arps, Slate, Meagher & Flom. Mr. Frank joined the Litigation Group at Skadden in 1999 after years as an executive assistant district attorney in Brooklyn, N.Y., during which he successfully tried numerous high-profile murder cases, receiving national recognition for his work. Mr. Frank’s practice is focused on complex commercial litigations and international arbitrations. Most recently, Mr. Frank successfully represented Anglo Irish Bank in its international arbitration against Peninsula Real Estate Fund I, GP stemming from a real estate development partnership the Bank funded. Among other cases that he has tried while at Skadden, Mr. Frank was a member of the trial team that won a defendant’s verdict on all claims in favor of DaimlerChrysler AG and against Tracinda Corporation. The trial in the U.S. District Court of Delaware involved securities fraud claims of more than $1 billion, making it the largest securities case ever tried in federal court. The National Law Journal awarded the defense team the "2005 Top Defense Win of the Year." In all, Mr. Frank has conducted more than 30 jury trials, briefed and argued more than 30 appeals, and directly supervised dozens more of each. He has been profiled in the New York Law Journal for his skills and persuasiveness, both as a trial lawyer and as an appellate advocate. He has written and been invited to speak on a wide range of topics, including at the International Chamber of Commerce 27 Annual Colloquium, in Paris, France in November 2010.
Paul Friedland is a Partner in White & Case's New York office and global head of the Firm's International Arbitration Practice Group, a Group which includes 125 lawyers. Mr. Friedland has served as arbitrator or counsel in numerous international arbitrations, is repeatedly ranked among the world's leading arbitration practitioners, and holds or has held leadership positions at the major arbitration institutions, including the AAA (as Director, Executive Committee member and Chair of the Law Committee), the LCIA (as Court member from 2005-10) and the IBA (as Vice Chair of the Arbitration Committee).
Lucy Greenwood is an accredited Foreign Legal Consultant in the Houston office of Fulbright & Jaworski and a qualified solicitor in England Wales. She has over a decade of experience working with energy companies, banks, investment groups, airlines, media groups and many others in relation to international disputes, commercial litigation and regulatory proceedings. Ms. Greenwood specializes in international arbitration and, since 1999, has served as counsel in cases under the LCIA, UNCITRAL, ICC, LMAA, and ICDR Arbitration Rules, relating to matters as diverse as oil and gas, electricity generation, joint ventures, exploration and development, motor-racing and telecommunications. The venues of the international arbitration and litigation cases in which Ms. Greenwood has been involved include England, France, Switzerland, United States, Italy and Russia. The laws applicable to resolve the international disputes in which she has been involved include international law and the laws of Switzerland, France, England, Texas, Chile, India, Hungary, Trinidad and Venezuela. She has particular experience with oil and gas disputes and questions of interpretation and construction under English law. Ms. Greenwood has been mentioned as "One to Watch" by Global Arbitration Review (2009 - 2011) and as an Expert in International Arbitration by Legal 500 (2003, 2004). She received her B.A. in Law at Trinity Hall in Cambridge University in 1994, in 1995 completed a Legal Practice Course at the College of Law in Chester; and in 1996 received her M.A. in Law at Trinity Hall in Cambridge University. She qualified in 1998 as Solicitor in England and Wales, in 2008 as a Foreign Legal Consultant and in 2011 as a Fellow of the Chartered Institute of Arbitrators. More information can be found at www.fulbright.com/lgreenwood.
Francisco Grob Duhalde is a member of the Dispute Resolution Practice Group in Baker & McKenzie’s Santiago office. His areas of expertise include litigation as well as domestic and international arbitration.
Nilufar Hossain is an Associate in the New York office of Freshfields Bruckhaus Deringer, where she focuses on international arbitration, complex civil litigation and white-collar defense matters. She has experience with commercial and investment treaty arbitrations as well as with securities litigation and cross-border regulatory investigations. Ms. Nilufar earned her BA, magna cum laude, from Harvard University and her JD from New York University School of Law. Ms. Nilufar also holds an MA in French Language & Civilization from Middlebury College. She speaks English and French and reads Spanish.
Edward G. Kehoe is head of King & Spalding's New York Business Litigation Group and co-head of the firm’s International Arbitration Practice. Mr. Kehoe has more than twenty years of experience in business arbitration and litigation, with a focus on international disputes primarily in the sectors of energy, construction, environmental, finance/banking, and insurance. In addition to serving as counsel, Mr. Kehoe sits as an arbitrator and is listed as an arbitrator on the Panel of Neutrals for the International Centre for Dispute Resolution. He is a frequent writer and lecturer on international arbitration issues. Mr. Kehoe is a member of the Board of Editors of the Global Arbitration Review and serves on the Advisory Board of the Institute for Transnational Arbitration. He holds a bachelors degree in accounting from Lehigh University and a J.D. from St. John's Law School.
Brian King is a Partner in the New York office of Freshfields Bruckhaus Deringer and a member of the firm’s International Arbitration Group. Mr. King has acted as counsel or arbitrator in more than 100 investment and commercial arbitration proceedings, under all major sets of arbitration rules, with a particular focus on the energy, financial and construction sectors. As counsel, he has acted for investors or states in some of the largest disputes to date. Mr. King regularly lectures and publishes on arbitration-related topics. He speaks English and Dutch, and reads Spanish and French.
Luis M. Martinez is Vice President of the International Centre for Dispute Resolution (ICDR), located in New York, and President of the Inter-American Commercial Arbitration Commission (IACAC). Mr. Martinez serves as an integral part of the ICDR's international strategy team and is responsible for international arbitration and mediation business development for the United States' North-East region and Central and South America. In his capacity as President of the IACAC, Mr. Martinez is responsible for the oversight of its network of arbitral centers throughout the Americas. For the last several years, Mr. Martinez worked as the Vice President responsible for the ICDR's international administrative services and prior to that he held the position of a staff attorney for the AAA's Office of the General Counsel. Mr. Martinez received a Bachelor's Degree from Georgian Court College and a Juris Doctor degree from St. John's University School of Law. He has had numerous articles published on international arbitration and has appeared as a speaker in programs throughout the world.
Antonio Ortuzar, Sr. is Of Counsel in the Santiago office of Baker & McKenzie and the chairman of its Dispute Resolution Practice Group. Mr. Ortuzar has worked on numerous litigation and arbitration cases, and routinely represents international and Chilean clients in complex disputes involving antitrust, torts, product liability commercial law, insolvency and bankruptcy matters. He is a member of the Chilean Bar Association, listed arbitrator with the Arbitration and Mediation Centre of the Santiago Chamber of Commerce and likewise serves as arbitrator for the Centro Nacional de Arbitraje. He is author of The Leasing Agreement and co-author of the Chilean chapter of Getting the Deal Through—Private Antitrust Litigation 2009. Mr. Ortuzar earned his LL.B. from the University of Chilé in 1955.
Katie Palms is an Associate in Freshfields Bruckhaus Deringer's New York office. She has experience representing institutions and individuals in a variety of dispute resolution areas, including ICSID arbitration, civil litigation and regulatory and internal investigations. Recent cases include an ICSID arbitration against the Republic of Venezuela and a multi-jurisdictional Foreign Corrupt Practices Act investigation by the US Department of Justice and Securities Exchange Commission. Ms. Palms earned her BA, magna cum laude, from Yale College and her JD, cum laude, from Harvard Law School.
David W. Rivkin is a Litigation Partner in the New York and London offices of Debevoise & Plimpton and Co-Chair of the firm's International Dispute Resolution Group. Mr. Rivkin has broad experience in the areas of international litigation and arbitration. He has handled international arbitrations throughout the world and before virtually every major arbitration institution. Subjects of these arbitrations have included long-term energy concessions, investment treaties, joint venture agreements, insurance coverage, construction contracts, distribution agreements and intellectual property, among others. Mr. Rivkin also represents European, Latin American and Asian companies in transnational litigation in the United States, including the enforcement of arbitral awards and arbitration agreements. Mr. Rivkin is consistently ranked as one of the top international dispute resolution practitioners in the world. Most recently, he was ranked among the top eleven international arbitration practitioners worldwide in Chambers Global (2011), which calls him "among the very, very best," while Chambers Global (2010) noted that he is "wonderful as counsel and wonderful as arbitrator" and is well regarded for producing "high-quality work that is fair and balanced." He is also ranked as the leading American in international arbitration in Who's Who Legal (2010) and in Euromoney's Expert Guide to the Leading Lawyers: Best of the Best (2011). In March 2011, the National Law Journal listed Mr. Rivkin as one of the country’s “Most Influential Attorneys." Mr. Rivkin is active in many professional organizations. Among others, he is the Secretary-General of the International Bar Association (IBA); President of the LCIA North American Users Council (and a former member of the Court); a member of the Board of Directors of the Arbitration Institute of the Stockholm Chamber of Commerce and the Singapore International Arbitration Centre; and a member of the Council on Foreign Relations. He is a former member of the Board of Directors and Executive Committee of the American Arbitration Association, for which he also led various committees.
Claudia T. Salomon is a Partner in the New York office of DLA Piper and co-chair of the firm's International Arbitration practice. She is a leading practitioner in significant investor treaty arbitration and international commercial arbitration cases under the AAA/ICDR, ICC, ICSID, LCIA, Stockholm, UNCITRAL and Vienna rules, around the world, under a wide variety of governing laws. The Global Arbitration Review has named Ms. Salomon one of the world's top 30 women in international arbitration and one of its "45 under 45" in international arbitration. Chambers USA: America's Leading Lawyers for Business has repeatedly cited her, noting that clients describe her as "a fantastic lawyer who is a key driving force behind the firm's growth in international arbitration" and say "she is excellent in terms of both obtaining results and her levels of client service." Ms. Salomon is recognized in The Best Lawyers in America for commercial international arbitration and the International Who's Who of Commercial Arbitration.
John M. Townsend is a Partner in the Washington office of Hughes Hubbard & Reed LLP and chair of the Firm’s Arbitration and ADR Group. He was the Chairman of the Board of Directors of the American Arbitration Association from 2007 to 2010 and previously chaired the AAA’s Executive Committee and Law Committee. Currently, Mr. Townsend chairs the AAA’s Nominating and Governance Committee. Mr. Townsend was named by President Bush to the Panel of Arbitrators of ICSID in 2008. He is a Trustee as well as a member of the Arbitration and Competition Law Committees of the U.S. Council for International Business and chairs the USCIB’s European Privilege Task Force. He was the first Chair of the Mediation Committee of the International Bar Association (2005-2006), and is also a member of the College of Commercial Arbitrators. Mr. Townsend is a member of the American Law Institute and serves as an Adviser to the ALI’s project to prepare a Restatement of the Law of International Commercial Arbitration. Mr. Townsend is a graduate of Yale University (B.A., 1968) and Yale Law School (J.D., 1971).
Andrea Voelker is a Litigation Associate in the New York office of Chadbourne & Parke. Ms. Voelker's practice focuses on securities, general commercial and intellectual property litigation. Ms. Voelker is a member of the American Bar Association, New York State Bar Association and is active in Chadbourne & Parke's pro bono program. She earned her J.D., cum laude, from Fordham University School of Law and her B.A., summa cum laude, from State University of New York, University at Buffalo.
John Wilkinson has served as an Arbitrator and Mediator of numerous large and complex corporate disputes. He has written extensively on the field of arbitration and mediation and was editor and co-author of the ADR Practice Book (previously underlined—now italicized) which received an award and honorarium as the best dispute resolution book of 1993. He has often spoken on the subject of arbitration and mediation to a wide array of professional and bar association groups, corporate legal departments and law school classes, as well as to the legal department of the Navy. He is a Fellow and a member of the Board of Directors of the College of Commercial Arbitrators and serves on the arbitration and mediation panels of a number of ADR providers. He is Co-Chair of the Arbitration Committee and in 2008 served as Co-Chair of the Mediatiaon Committee of the Dispute Resolution Section of the New York State Bar Association ("DRS"). He is currently Vice Chair of the DRS and also Vice Chair of the ABA Arbitration Committee. He recently served on a six-person committee that revised the Model Standards of Conduct for Mediators.
Alexander Yanos is a Partner in the New York office of Freshfields Bruckhaus Deringer and a member of the firm’s dispute resolution practice. Mr. Yanos has spent over twelve years litigating and arbitrating commercial and financial disputes. As a litigator he has focused on multijurisdictional disputes involving US securities, banking, antitrust and insurance laws on behalf of US and international clients. He has handled matters before federal and state courts in New York, Georgia, Texas and Virginia. He is a member of Freshfields' insurance, construction and Latin America practice groups. Mr. Yanos has acted as arbitration counsel in matters before the ICJ, ICSID, the ICC, the Stockholm Chamber of Commerce, the AAA, the Hong Kong International Arbitration Center, the Inter-American Commercial Arbitration Commission and the LCIA. He has specialized in disputes involving sovereigns, handling arbitrations in disputes before the ICC, ICSID and the ICJ, in ICSID arbitrations and before US courts. Before beginning his private practice, Mr. Yanos clerked for the Honorable Jerome Farris, in the Court of Appeals for the Ninth Circuit. He received his BA from Princeton University, graduating magna cum laude, and received his JD from the Columbia University Law School, where he was a Notes Editor for the Columbia Law Review and a Harlan Fiske Stone Scholar. Mr. Yanos speaks English, French, German, Russian, Greek and some Spanish. He has authored a forthcoming article with WW Park, entitled 'Treaties and the Constitution: The Emerging Conflict in Enforcement of Arbitral Awards'.
David Zaslowsky has been with Baker & McKenzie since graduating from Yale Law School in 1984. He practices in the area of general commercial litigation and arbitration. Mr. Zaslowsky has appeared in various Federal and State courts (trial and appellate) throughout the country and has participated in arbitrations, both inside and outside the United States, before the American Arbitration Association, International Chamber of Commerce, International Centre for Dispute Resolution, Iran-United States Claims Tribunal, Hong Kong International Arbitration Center and NASD, as well as in ad hoc arbitrations. He is co-author of the International Litigation column in the New York Law Journal and speaks regularly at arbitration seminars around the world. Mr. Zaslowsky is included in the Chambers USA Guide for his expertise in International Arbitration. He is also on the roster of arbitrators for the International Centre for Dispute Resolution.
Eduardo Zuleta is head of the Arbitration and Investment Protection Group at Gomez-Pinzón Zuleta Abogados. He was previously a Partner of an international law firm and the Founding Partner of Zuleta & Partners, a leading arbitration boutique in Colombia. He is Vice-Chair of the Arbitration Committee of the IBA, member of the advisory counsel of the Institute for Transnational Arbitration and member of the Latin-American Group of Arbitration of the ICC.
Mr. Zuleta graduated JD (with honors) from Universidad del Rosario with post graduate studies in financial law and international dispute resolution. He is professor of law in international contracts and international dispute resolution. He has lectured in international arbitration courses organized by several universities and academic institutions and has taken part in various seminars and conferences in Europe, the United States and Latin America. He has advised and represented States, State entities and private companies in international commercial arbitration and has acted as chair, co-arbitrator and sole arbitrator in international commercial arbitration related to telecommunications, energy, infrastructure, construction, distribution and corporate and commercial matters under ICC, UNCITRAL and ICDR Rules as well as under local rules in Latin American Venues. He has also acted as advisor in investment cases and as chair and co-arbitrator in investment arbitrations under ICSID and UNCITRAL Rules
PDF Download of Title Page and T.O.C.
Foreword
Richard Naimark
Introduction
Grant Hanessian
About The Editors
About The Contributors
Part I: Articles on ICDR Arbitration Practice
Chapter 1
A Guide to ICDR Case Management
Luis Manuel Martinez
I The ICDR
II The ICDR International Arbitration Rules, (IAR)
III Commencing the Case
IV Appointing the Arbitrators
V Clearing Conflicts and Challenges
VI The Preparatory Conference
VII Emergency Arbitrator Procedure
VIII The ICDR's Guidelines for Arbitrators Concerning Exchanges of Information
IX Other Rules Administered by the ICDR
X International Mediation
XI Conflict Management Efficiencies
Chapter 2
Electronic Discovery in International Arbitration (Revisited)
Julie Bédard and Jonathan L Frank
I E-Discovery Abuse and Spoliation of Evidence in US Litigation
II Institutional Arbitration Guidelines on E-Discovery
A The ICDR Guidelines
B The CIArb Protocol for E-Disclosure in Arbitration
C CPR Protocol on Disclosure of Documents and Presentation of Witnesses in Commercial Arbitration
D Report of the ICC Commission on Arbitration Task Force on the Production of Electronic Documents in Arbitration
E The IBA Rules
III Reflecting on the Recent Guidelines
A Data Retention
B Narrowly Tailored Requests for Production Relating to Specific Categories of Documents
C Privilege Issues
D Production
E The Accessibility of the Requested Data
F Optionality
G Metadata
H Spoliation
IV Conclusion
Chapter 3
Arbitrator Disclosure Standards in a State of Flux
Juan M Alcalá, Camilo Cardozo and Claudia T Salomon
I Revisions to the UNCITRAL Rules
II The ICC's Revised Statement of Acceptance, Availability, and Independence
III Recent Decisions regarding Disclosure Duties
A International Tribunal Decisions
B International Case Law
C US Case Law
IV Conclusion
Chapter 4
The New Bahrain Arbitration Law and the Bahrain
"Free Arbitration Zone"
John M Townsend
I The Problem: Lack of Confidence in the Local Courts
A The Bechtel Case
B Set-Aside Proceedings under the New York Convention
II Designing a Solution to the Problem: The Free Arbitration Zone
A The BCDR's Two Types of Jurisdiction
B The Free Arbitration Zone
III A Remaining Role for the Courts
IV Conclusion
PART II: ICDR Awards and Commentaires
ICDR Case No 152-04
Claims alleging fraud and unjust enrichment and seeking earnout under stock transfer agreement in sale of a Massachusetts company to an Indian company
Commentary
Kana Ellis Caplan and Edward G Kehoe
ICDR Case No 236-04
Alleged breach of agreements to purchase ownership interest in a power generation project in Ecuador
Commentary
Arif Hyder Ali
ICDR Case No 251-04
Default in arbitration proceedings concerning agreements for production and sale of consumer electronics in China
Commentary
John Wilkinson
ICDR Case No 367-04
Claims for breach of satellite broadcasting licensing agreement for television programs rights in North and South America
Commentary
Oliver Armas and Andrea Voelker
ICDR Case No 379-04
Intellectual property claims arising from an agreement between Korean and Taiwanese parties regarding joint development and manufacture of technology
Commentary
Paul Friedland
ICDR Case No 526-04
Non-signatory bound by arbitration agreement and adverse inferences arising from non-compliance with discovery orders in dispute regarding copyright and trademark claims under agreement to manufacture in China
Commentary
Nilufar Hossain, Brian King, Katie Palms and
Alexander Yanos
ICDR Case No 002-05
Disputes regarding medical product licensing agreements between companies in the United States and France
Commentary
C Mark Baker and Lucy Greenwood
ICDR Case No 278-06
Disputes relating to sale of electric resistant piping, considering issues regarding arbitrator's authority to award damages prohibited by contract and to correct errors after issuance of final award
Commentary
Stephanie Oluchukwu Akpa and David W Rivkin
PART III: Recent Court Decisions concerning International Arbitration and ICDR Awards
Chapter 1 Recent United States Court Decisions concerning International Arbitration
I Effect and Enforcement of International Arbitration Agreements
A Mercury Telco Group, Inc, v Empresa de Telecommunicaciones de Bogota SA ESP, 670 F Supp 2d 1350 (SD Fla 2009)
B In the Matter of: Mirant Corporation, MC Asset Recovery LLC v Castex Energy, Inc, 613 F3d 584 (5th Cir 2010)
C Newmont USA Ltd v Ins Co of North America, 615 F3d 1268 (10th Cir 2010)
D Ruiz v Carnival Cruise Lines, Inc, 754 F Supp 2d 1328 (SD Fla 2010)
E Williams v NCL (Bahamas) Ltd, 774 F Supp 2d 1232 (SD Fla 2011)
F Cape Flattery Ltd v Titan Maritime, LLC, 647 F3d 914 (9th Cir 2011)
G Grigsby & Associates, Inc v M Securities Investment, No 09-11817, 2011 US App LEXIS 25217 (11th Cir Dec 20, 2011)
H Republic of Argentina v BG Group PLC, No 11-7021, 2012 US App LEXIS 905 (DC Cir Jan 17, 2012)
II Provisional Measures in International Arbitration
A Ob' Edinennyi Investitsionnyi Bank", No 09-cv-6121, 2010 US Dist LEXIS 19717 (SDNY Mar 3, 2009)
B Everspeed Enterprises Ltd v Skaarup Shipping Int'l, 754 F Supp 2d 395 (D Conn 2010)
C Sojitz Corp v Prithvi Information Solutions, Inc, 82 AD3d 89 (NY App Div 1st Dept 2011)
D In re Application of Thai Lao Lignite (Thailand) Co, 11 Misc 313, 2011 US Dist LEXIS 125464 (DDC Oct 31, 2011)
III Recognition and Enforcement of International Arbitration Awards
A Empresa de Telecommunicaciones de Bogota SA ESP v Mercury Telco Group, Inc, 670 F Supp 2d 1357 (SD Fla 2009)
B EDF Int’l SA v YPF SA, 676 F Supp 2d 317 (D Del 2009)
C Frontera Res Azer Corp v State Oil Co of the Azer Republic, 582 F3d 393 (2d Cir 2009)
D Telenor Mobile Comm AS v Storm LLC, 351 Fed Appx 467 (2d Cir 2009)
E China National Chartering Corp v Pactrans Air & Sea, Inc, No 06 Civ 13107, 2009 US Dist LEXIS 42782 (SDNY Nov 13, 2009)
F TCo Metals, LLC v Dempsey Pipe & Supply, Inc, 592 F3d 329 (2d Cir 2010)
G Polimaster Ltd v RAE Systems, Inc, 623 F3d 832 (9th Cir 2010)
H Continental Transfert Technique Ltd v Federal Gov't of Nigeria, 697 F Supp 2d 46 (DDC 2010)
I International Trading and Industrial Investment Co v DynCorp Aerospace Technology, 763 F Supp 2d 12 (DDC 2011)
J Argentine Republic v National Grid Plc, 637 F3d 365 (DC Cir 2011)
K DRC, Inc v Honduras, 774 F Supp 2d 66 (DDC 2011)
L Constellation Energy Commodities Group Inc v Transfield ER Cape Ltd, 801 F Supp 2d 211 (SDNY 2011)
M Thao-Lao Lignite (Thailand) Co v Government of the Lao People's Democratic Republic, 2011 US Dist LEXIS 87844 (SDNY Aug 3, 2011)
N Figueiredo Ferraz e Engenharia de Projeto Ltda v Republic of Peru, Nos 09-3925, 10-1612 (2d Cir Dec 14, 2011)
O The Ministry of Defense and Support for the Armed Force of the Islamic Republic of Iran v Cubic Defense Systems, Inc, No CV-98- 01165-RMB (9th Cir Dec 15, 2011)
P Belize Social Development Limited v Government of Belize, No 10-7167, 2012 US App LEXIS 727 (DC Cir Jan 13, 2012)
Q Greatship (India) Limited v Marine Logistics Solutions (Marsol) LLC, No 11 Civ 420, 2012 US Dist LEXIS 8231 (SDNY
Jan 24, 2012)
Chapter 2 Court Decisions outside United States concerning ICDR/AAA Awards
Colombia
Eduardo Zuleta
Indistri SA v SAP Andina y del Caribe CA Colombia (Superior Tribunal of Bogotá, 2010)
I Introduction
II Facts
III Decision
IV Commentary
Chile
Francisco Grob Duhalde, Antonio Ortúzar, Sr and Rodrigo Díaz de Valdés
Western Technology Services International Inc v Cauchos Industriales SA (Sup Ct 2010)
I Introduction
II Arbitration Proceedings
III Exequatur Proceedings
IV Supreme Court's Decision
Appendices
ICDR International Arbitration Rules
ICDR Guidelines for Arbitrators concerning Exchanges of Information
ICDR's Guide to Drafting Dispute Resolution Clauses
Index