The Dark Side of Arbitration
The Dark Side of Arbitration revisits the themes of Ugo Draetta's series of books on international arbitration. More than the mere sum of the previous books, the current work updates, integrates, and sets their central theme in relief, namely, arbitrator misconduct and the enduring problem honest arbitrators face when misconduct of a member on the arbitration team is known or suspected. The book asks, What recourse do honest arbitrators have? What do the existing institutional and national rules provide for? Do arbitrators have an inherent obligation to one another as arbitrators? And what does the reality of misconduct within the profession portend? The author, a seasoned arbitrator, courageously reveals the dark, all too human "sides" of competing interests. Laid bare are the vanity, cronyism, over-ambition, disorganization, stupidity and outright deception to be found throughout the field and its galaxy of players. In-house and outside counsel, arbitrators, presidents and institutions are all subject to the author's critical gaze. but then the critique is followed by a host of frank and helpful suggestions addressed to each of the guilty parties --arbitrators, presidents (presiding arbitrator-chair), counsel, parties and institutions--to remedy many of the problems. Arbitration as a currently effective means of dispute resolution is taken to task and sincerely pled for. Praised by many highly respected arbitrators in the field and successful professionals from the commercial sector, this may be the author's most important work yet.
Part One: The Arbitrators
Chapter 1 - Behavior Expected of Arbitrators
Chapter 2 - Behavior that Arbitrators Are Expected to Avoid
Chapter 3 - The Dynamics of Deliberation
Chapter 4 - Counsel Behavior that Risks an Adverse Decision from the Arbitral Tribunal
Chapter 5 - Counsel Behavior that Causes Inefficiencies in the Arbitration Proceedings
Chapter 6 - Curing Counsel's Inappropriate Behavior in International Arbitration
Part Three: The Other Players in Arbitration
Chapter 8- Parties' In-House Counself
Chapter 9 - The Arbitral Institution
General Conclusions - The Magic of Arbitrating
Ugo Draetta is Past Professor of International Law at the Catholic University of Milan, Italy. He received his PhD in International Law (1968) and graduated from the Academy of American and International Law, at the International and Comparative Law Center, University of Texas at Dallas (1976). In 2005 he taught courses at the Hague Academy of International Law.
During his professional experience he has held the position of Vice-President and Senior Counsel-International of General Electric Co., USA (1987-1999). He is a member of the Board of Directors of major Italian companies.
In 2000, he started his independent arbitration practice. He has been involved in about 80 arbitration proceedings (ICC, UNCITRAL, Milan, Vienna, Dubai and Madrid international arbitration chambers, ad hoc arbitrations) as President, sole arbitrator or co-arbitrator. His areas of expertise include international law; lex mercatoria; EU law; antitrust law; conflicts of laws and procedure; construction contracts; agreements for the sale of goods; merger and acquisition agreements; shareholders’ and joint venture agreements; R&D agreements; distribution agreements.
Ugo Draetta is member of the Council of the ICC Institute of World Business Law; the ICC Commission on Arbitration and ADR; the Arbitration Chamber of the Italian Anti-Corruption Authority; the Club of Arbitrators of the Milan Arbitration Chamber; the Scientific Committee of the Italian Arbitration Association (AIA). He is listed as Arbitrator with the Vienna International Arbitration Center (VIAC), the Dubai International Arbitration Center (DIAC), and the Kuala Lumpur Regional Centre for Arbitration (KLRCA). He is honorary member of AIGI (Italian Association of Company Counsel).
He is co-founder and co-editor of the review Diritto del Commercio Internazionale/The Law of International Trade as well as member of the Board of editors of the Revue de droit des affaires internationales/International Business Law Journal, published by Sweet & Maxwell and Corporate Counsel Advisory Editor of the European International Arbitration Review, published by Juris Publishing.
He is author of many publications in the fields of arbitration, international law, industrial law, international trade law, EU law, including the books, all published by Juris Publishing (Huntington New York), Behind the Scenes in International Arbitration (2011), Counsel as Client’s First Enemy in Arbitration? (2014) and Monads and Triads: Conflict and Cooperation among Arbitrators (2016).
Praise for Ugo Draetta's Trilogy on International Arbitration:
Monads or Triads: Conflict and Cooperation among Arbitrators
“Ugo Draetta’s book fills a gap in the international arbitration literature. The text reveals the author’s huge experience and know-how, but will make useful reading for experienced and unsophisticated arbitrators alike.”
– Andrea Carlevaris, Secretary General of the ICC International Court of Arbitration
______________________
“Highly readable and thought-provoking. Should be on the reading list for every arbitrator training course.”
– Rusty Park, Professor of Law, Boston University – President, London Court of International Arbitration
____________________________________
“Dr Draetta’s comments and conclusions deserve to be read by all who want to understand modern international arbitration. His astute analysis clarifies many of today’s critical issues in international arbitration.”
– Prof. Dr Kaj Hober, Professor of international investment and trade law, Uppsala University; Chairman of the Board, SCC Institute, Stockholm Chamber of Commerce
_____________________________
Counsel as Client’s First Enemy in Arbitration:
“Ugo Draetta has an immense advantage over all other actors in arbitration: he has played every role … [He]
has become a master in presenting these challenging relations with clarity, psychological insight and finesse.”
– Professor Pierre Tercier, Arbitrator, former Chairman of the International Court of Arbitration of the ICC
________________
“With his dual experience of arbitrator and in-house lawyer, Ugo Draetta provides to counsel in arbitration a guide of all the errors to avoid. Instead of a desiccated code of conduct, the reader enjoys a colorful and lively series of anecdotes with a tremendous educative power […}. Clients should require evidence that counsel have read this book before hiring them.”
– Yves Derains, Derains & Gharavi, Paris, Former Secretary General of the ICC Court of Arbitration, Chairman of the ICC Institute of World Business Law
_________________
“The new book by Ugo Draetta exudes the wisdom he has accumulated in his experience as an arbitrator. His lesson of moderation, prudence and honesty should be reflected upon by all counsel concerned with efficiency.”
– Pierre Mayer, Partner, Dechert, Paris, Emeritus Professor of the University of Paris 1, President of the Arbitration Academy
__________________
“[A] book whose irony and humor seize the reader from the first page and whose teachings will hardly release him before the very last phrase.”
– Laurent Lévy, Partner and Arbitrator, Levy Kaufmann-Kohler, Geneva; Vice President, ICC Court of Arbitration
___________________
“[His] book should be ‘must reading’ for all corporate lawyers who draft arbitration clauses or who are responsible for handling arbitrations in which their companies become involved.”
– Philip Allen Lacovara, CIArb
_______________________
Behind the Scenes in International Arbitration
"Until I read Behind the Scenes in International Arbitration, I never had imagined that a book on arbitration could be a page-turner... Ugo Draetta is generously sharing its experiences in this field by offering us a useful, wise book which can be read with the pleasure normally reserved to good novels."
-Diego P. Fernández Arroyo, Sciences Po Law School, Paris
"This book examines points of view on arbitration that are not very usual in this type of literature, so I sincerely congratulate the author."
-Bernardo Cremades, International Arbitrator
"A fascinating journey behind the curtains of international arbitration by one of the most renowned arbitrators and experienced practitioners. Ugo Draetta unveils the hidden dynamics of the relationship between arbitrators, advocates and in house counsels. A reading as pleasant as it is instructive"
-Alexis Mourre
Ugo Draetta is Past Professor of International Law at the Catholic University of Milan, Italy. He received his PhD in International Law (1968) and graduated from the Academy of American and International Law, at the International and Comparative Law Center, University of Texas at Dallas (1976). In 2005 he taught courses at the Hague Academy of International Law.
During his professional experience he has held the position of Vice-President and Senior Counsel-International of General Electric Co., USA (1987-1999). He is a member of the Board of Directors of major Italian companies.
In 2000, he started his independent arbitration practice. He has been involved in about 80 arbitration proceedings (ICC, UNCITRAL, Milan, Vienna, Dubai and Madrid international arbitration chambers, ad hoc arbitrations) as President, sole arbitrator or co-arbitrator. His areas of expertise include international law; lex mercatoria; EU law; antitrust law; conflicts of laws and procedure; construction contracts; agreements for the sale of goods; merger and acquisition agreements; shareholders’ and joint venture agreements; R&D agreements; distribution agreements.
Ugo Draetta is member of the Council of the ICC Institute of World Business Law; the ICC Commission on Arbitration and ADR; the Arbitration Chamber of the Italian Anti-Corruption Authority; the Club of Arbitrators of the Milan Arbitration Chamber; the Scientific Committee of the Italian Arbitration Association (AIA). He is listed as Arbitrator with the Vienna International Arbitration Center (VIAC), the Dubai International Arbitration Center (DIAC), and the Kuala Lumpur Regional Centre for Arbitration (KLRCA). He is honorary member of AIGI (Italian Association of Company Counsel).
He is co-founder and co-editor of the review Diritto del Commercio Internazionale/The Law of International Trade as well as member of the Board of editors of the Revue de droit des affaires internationales/International Business Law Journal, published by Sweet & Maxwell and Corporate Counsel Advisory Editor of the European International Arbitration Review, published by Juris Publishing.
He is author of many publications in the fields of arbitration, international law, industrial law, international trade law, EU law, including the books, all published by Juris Publishing (Huntington New York), Behind the Scenes in International Arbitration (2011), Counsel as Client’s First Enemy in Arbitration? (2014) and Monads and Triads: Conflict and Cooperation among Arbitrators (2016).
Praise for Ugo Draetta's Trilogy on International Arbitration:
Monads or Triads: Conflict and Cooperation among Arbitrators
“Ugo Draetta’s book fills a gap in the international arbitration literature. The text reveals the author’s huge experience and know-how, but will make useful reading for experienced and unsophisticated arbitrators alike.”
– Andrea Carlevaris, Secretary General of the ICC International Court of Arbitration
______________________
“Highly readable and thought-provoking. Should be on the reading list for every arbitrator training course.”
– Rusty Park, Professor of Law, Boston University – President, London Court of International Arbitration
____________________________________
“Dr Draetta’s comments and conclusions deserve to be read by all who want to understand modern international arbitration. His astute analysis clarifies many of today’s critical issues in international arbitration.”
– Prof. Dr Kaj Hober, Professor of international investment and trade law, Uppsala University; Chairman of the Board, SCC Institute, Stockholm Chamber of Commerce
_____________________________
Counsel as Client’s First Enemy in Arbitration:
“Ugo Draetta has an immense advantage over all other actors in arbitration: he has played every role … [He]
has become a master in presenting these challenging relations with clarity, psychological insight and finesse.”
– Professor Pierre Tercier, Arbitrator, former Chairman of the International Court of Arbitration of the ICC
________________
“With his dual experience of arbitrator and in-house lawyer, Ugo Draetta provides to counsel in arbitration a guide of all the errors to avoid. Instead of a desiccated code of conduct, the reader enjoys a colorful and lively series of anecdotes with a tremendous educative power […}. Clients should require evidence that counsel have read this book before hiring them.”
– Yves Derains, Derains & Gharavi, Paris, Former Secretary General of the ICC Court of Arbitration, Chairman of the ICC Institute of World Business Law
_________________
“The new book by Ugo Draetta exudes the wisdom he has accumulated in his experience as an arbitrator. His lesson of moderation, prudence and honesty should be reflected upon by all counsel concerned with efficiency.”
– Pierre Mayer, Partner, Dechert, Paris, Emeritus Professor of the University of Paris 1, President of the Arbitration Academy
__________________
“[A] book whose irony and humor seize the reader from the first page and whose teachings will hardly release him before the very last phrase.”
– Laurent Lévy, Partner and Arbitrator, Levy Kaufmann-Kohler, Geneva; Vice President, ICC Court of Arbitration
___________________
“[His] book should be ‘must reading’ for all corporate lawyers who draft arbitration clauses or who are responsible for handling arbitrations in which their companies become involved.”
– Philip Allen Lacovara, CIArb
_______________________
Behind the Scenes in International Arbitration
"Until I read Behind the Scenes in International Arbitration, I never had imagined that a book on arbitration could be a page-turner... Ugo Draetta is generously sharing its experiences in this field by offering us a useful, wise book which can be read with the pleasure normally reserved to good novels."
-Diego P. Fernández Arroyo, Sciences Po Law School, Paris
"This book examines points of view on arbitration that are not very usual in this type of literature, so I sincerely congratulate the author."
-Bernardo Cremades, International Arbitrator
"A fascinating journey behind the curtains of international arbitration by one of the most renowned arbitrators and experienced practitioners. Ugo Draetta unveils the hidden dynamics of the relationship between arbitrators, advocates and in house counsels. A reading as pleasant as it is instructive"
-Alexis Mourre
Part One: The Arbitrators
Chapter 1 - Behavior Expected of Arbitrators
Chapter 2 - Behavior that Arbitrators Are Expected to Avoid
Chapter 3 - The Dynamics of Deliberation
Chapter 4 - Counsel Behavior that Risks an Adverse Decision from the Arbitral Tribunal
Chapter 5 - Counsel Behavior that Causes Inefficiencies in the Arbitration Proceedings
Chapter 6 - Curing Counsel's Inappropriate Behavior in International Arbitration
Part Three: The Other Players in Arbitration
Chapter 8- Parties' In-House Counself
Chapter 9 - The Arbitral Institution
General Conclusions - The Magic of Arbitrating