Editors (and Contributing Authors)
LAWRENCE W. NEWMAN (CO-EDITOR) conceived the idea of this book. Mr. Newman received his initial courtroom experience in his five years as an Assistant United States Attorney in the Office of the United States Attorney for the Southern District of New York, after which he joined the litigation department of the New York office of Baker & McKenzie. That department, under his direction, focused on international litigation and arbitration and became the leading law office in the world (in terms of number of cases) in the representation of claimants against Iran in arbitration at the Iran-United States Claims Tribunal in The Hague. Mr. Newman has represented claimants and respondents in commercial and investment arbitration proceedings in the United States, Europe and Latin America. He also sits as an arbitrator in cases involving international matters. Mr. Newman is the editor, co-editor and co-author of several books on international litigation and arbitration, including Enforcement of Foreign Judgments (three volumes), Attachment of Assets (two volumes), Litigating International Commercial Disputes, Checklists of International Arbitration (three editions), The Leading Arbitrators’ Guide to International Arbitration (three editions), Interim Measures in International Arbitration and Soft Law in International Arbitration and was co-editor of the first edition of this book. Since 1982, he has been co-author of the “International Litigation” column in the New York Law Journal.
Mr. Newman was Chairman for four years of the International Disputes Committee of the New York City Bar, and thereafter the Chairman of the Arbitration Committee of the International Institute for Conflict Prevention and Resolution (CPR) and is a member of the Advisory Committee of the Restatement of International Arbitration of the American Law Institute. Mr. Newman is a Fellow of the College of Commercial Arbitrators and a Fellow of the Chartered Institute of Arbitrators, where he is a member of its Practice and Standards Committee and Chairman of its Arbitration Subcommittee. He was an Adjunct Associate Professor at Fordham Law School, teaching a course on International Arbitration. He has been, since 2000, the Chairman of the International Arbitration Club of New York. Mr. Newman is a frequent speaker on international arbitration and litigation and is the co-founder of the Leading Arbitrators’ Symposia on the Conduct of International Arbitration, which have been held annually for the past 14 years in Vienna, and of the “Take the Witness” seminars on cross-examination in international arbitration, which have been held in in Paris, New York, Vienna and Venice. Mr. Newman has been listed as a highly-rated lawyer in various national and international directories of lawyers and is listed in numerous editions of Who’s Who. He is a graduate of Harvard College and Harvard Law School.
TIMOTHY G. NELSON (CO-EDITOR) is a Partner in the International Litigation and Arbitration practice of Skadden, Arps, Slate, Meagher & Flom. Mr. Nelson represents clients before, among others, the American Arbitration Association/International Centre for Dispute Resolution (ICDR), the International Chamber of Commerce (ICC), Singapore International Arbitration Centre (SIAC), Hong Kong International Arbitration Centre (HKIAC), the International Centre for Settlement of Investment Disputes (ICSID) and tribunals constituted under the Arbitration Rules of the United Nations Commission of International Trade Law (UNCITRAL). Mr. Nelson’s international litigation and arbitration experience includes disputes involving contracts, international trusts, partnerships (limited and general) and corporate law, as well as cases falling under the 1980 Vienna Convention on Contracts for the International Sale of Goods. Mr. Nelson has been involved in litigation arising under the US Federal Arbitration Act (FAA), the Foreign Sovereign Immunities Act (FSIA), the Alien Tort Claims Act (ATCA), the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the 1965 Hague Convention on Service of Process. Additionally, Mr. Nelson regularly advises sovereign and corporate clients on public international law issues, including under multilateral treaties, such as NAFTA; the Energy Charter Treaty (ECT) bilateral investment treaties (BITS); and other international trade/investment agreements. Before joining the firm in 2000, Mr. Nelson practiced as a commercial litigation attorney at major law firms in England and Australia. He has been selected as a leading lawyer in Chambers Global, Chambers USA, Chambers Latin America and Who’s Who Legal – Arbitration. Mr. Nelson also was selected by Benchmark Litigation as a 2016 “Benchmark Litigation Star.” He also is a prize winner of the 2013 ILO Client Choice Awards in the New York arbitration category and the Burton Award for legal writing. Mr. Nelson is a member of the American Society of International Law and the International Law Association, and a fellow at the Australian Centre for International Commercial Arbitration. He is admitted to practice in New York, New South Wales, and England and Wales.
Contributing Authors
HENRI C. ALVAREZ is an independent arbitrator based in Vancouver at Vancouver Arbitration Chambers. He has acted as arbitrator or counsel in over one hundred institutional or ad hoc international arbitration proceedings in North and South America, Europe and Asia. He has conducted arbitrations under the rules of the ICC, LCIA, AAA, the Netherlands Arbitration Institute, as well as the ICSID, the Swiss Rules of Arbitration and UNCITRAL Arbitration Rules. He has also appeared as counsel in Canadian courts in disputes relating to foreign and international arbitral awards and arbitration agreements and their enforcement. Mr. Alvarez’s arbitration experience includes serving as chairman, sole arbitrator or party-appointed arbitrator in a broad range of disputes relating to joint venture agreements, technology, telecommunications, long term commercial agreements, mergers and acquisitions, insurance, franchise, distributorship, international investment, construction and energy. He is a member of the Court of Arbitration for Sport and was appointed a member of the Ad Hoc Panel of Arbitrators at the Olympic Games in Vancouver in 2010. He is a former co-chair of the Arbitration Committee of the International Bar Association and a member of the London Court of International Arbitration. Mr. Alvarez is an adjunct professor at the Faculty of Law, University of British Columbia where he taught international commercial arbitration between 1985 and 2011. He is also a frequent lecturer and author in the areas of international commercial arbitration and dispute resolution. He is fluent in English, French and Spanish and regularly conducts arbitrations in those languages.
C. MARK BAKER is Global Co-Head of International Arbitration and a member of the Norton Rose Fulbright Global Supervisory Board. He practices in the areas of complex commercial arbitration, business litigation and alternative dispute resolution (ADR). He has extensive experience with the international and domestic arbitration and litigation of banking, financial and securities transactions. He represents numerous clients in matters regarding international and domestic construction contracts, power purchase and sale agreements, energy contracts, joint ventures, and project finance and development agreements. He has conducted arbitrations for and before the AAA, ICDR, LCIA, ICC, ICSID, CPR, WIPO, CAS, CAM, CAFTA, and mediated for the US courts and CEDR. He is currently lead Counsel in several ICC, AAA, UNCITRAL, and ICSID arbitrations. He has chaired, on average, eight international arbitration cases each year since 1998. Mr. Baker was named 2016 and 2018 National Law Journal ADR Champions Trailblazer. He is included in the 2016-2018 Latin Am. Corporate Counsel Association. He was designated as the 2017 Benchmark Litigation Star in TX, received the 2015-2017 Client Choice Award, Texas, arbitration & ADR by Globe Business Publishing, and was selected as 2014 Lawyer of the Year – Houston International Arbitration: Commercial by The Best Lawyers in America. He is consistently recognized as one of the “Top 20 International Arbitration Experts” by PLC, and one of the “100 Most Influential Lawyers in America” by National Law Journal. He is internationally ranked for his arbitration work by Chambers Global, Chambers USA, Chambers Latin America, Chambers USA Nationwide, Global Counsel, LawDragon, Legal 500, Legal 500 Latin America, The International Who’s Who of Commercial Arbitration – Business Lawyers – Oil & Gas Lawyers, and The Best Lawyers in America. Mr. Baker is a member of the LCIA Company, 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 Director of the New York International Arbitration Center. He is a member of the ICC Commission, as well as a member of the ICDR, CPR, WIPO, CAS, CAM, CEDR, Users Council of Singapore International Arbitration Centre, and Commercial Bar Association. 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. More information can be found at www.nortonrosefulbright.com.
GEORGE A. BERMANN is Professor of Law at Columbia Law School and Director of its Center for international Commercial and Investment Arbitration (CICIA). He is also Jean Monnet Professor of European Union Law and Walter Gellhorn Professor of Law at Columbia Law School. At Columbia, he principally teaches in international commercial and investment arbitration, transnational litigation, comparative law and European Union law. Professor Bermann is also an affiliated faculty member of the School of Law of Sciences Po (Paris) and lecturer in the MIDS Master’s program in international dispute resolution (Geneva) and at the Georgetown Law Center. He is the author of numerous books and articles in his fields of expertise. Mr. Bermann is also an active international arbitrator, member of the roster of leading international arbitral institutions (among them ICDR, ICC, LCIA, SIAC, HKIAC), President of the Global Board of Advisers of the New York International Arbitration Center (NYIAC), Council member of the American Arbitration Association (AAA) and the Center for Conflict Prevention and Resolution (CPR). He is a member of the Standing Committee of the International Court of Arbitration of the International Chamber of Commerce (ICC), a founding member of the Court’s Governing Body, and a fellow of the Chartered Institute of Arbitrators (London). He is also Chief Reporter of the American Law Institute’s Restatement of the US Law of International Commercial and Investor-State Arbitration. He holds a doctorate honoris causa from the University of Fribourg (Switzerland), University of Versailles-St. Quentin (France), and the Cesar Vallejo University (Lima, Peru).
DAVID J. A. CAIRNS is a Partner of B. Cremades y Asociados, specializing in international commercial and investment dispute resolution. He acts both as an arbitrator and as counsel. His practice covers all types of contractual disputes, including construction and infrastructure projects, international sale of goods, licensing and distribution, intellectual property, joint ventures and share purchase agreements, as well as investment disputes under BIT agreements. He is qualified to practise in both England & Wales (Solicitor-Advocate, Civil) and Madrid (Abogado). He is a Fellow of the Chartered Institute of Arbitrators, and a regular commentator on developments in Spanish and international arbitration. Mr. Cairns has extensive experience as an advocate before international arbitration tribunals and domestic courts. He has a particular interest in the history and practice of advocacy, and is the author of Advocacy and the Making of the Adversarial Criminal Trial 1800-1865 (Oxford University Press, 1998), and, most recently, The Premises of Witness Questioning in International Arbitration (in Andrea Menaker ed. International Arbitration and the Rule of Law: Contribution and Conformity (ICCA Congress Series Nº 19, Kluwer Law International, The Netherlands, 2017) pp. 302-321). From 2004 until 2011 he was an adjunct professor and responsible for the oral advocacy preparation of the Willem C. Vis International Commercial Arbitration Moot team at the University Carlos III of Madrid (winners of Frédéric Eisemann Award for the prevailing team in the oral competition, Vienna, 2008).
JAMES H. CARTER is Senior Counsel in the New York office of Wilmer Cutler Pickering Hale and Dorr LLP, where he is active as counsel and as an arbitrator. He is a graduate of Yale College and Yale Law School, attended Cambridge University as a Fulbright Scholar and served as law clerk to Hon. Robert P. Anderson of the US Court of Appeals for the Second Circuit. Mr. Carter is Chair of the Board of Directors of the New York International Arbitration Center, former Chair of the Board of Directors of the American Arbitration Association and a former President of the American Society of International Law. He is also a former Chair of the American Bar Association Section of International Law. Mr. Carter has chaired both the International Affairs Council and the Committee on International Law of the Association of the Bar of the City of New York, as well as the International Law Committee and the International Dispute Resolution Committee of the New York State Bar Association. He has served as a member of the London Court of International Arbitration and Vice President of its North American Council and is a member of the Court of Arbitration for Sport. He is co-editor of International Commercial Arbitration in New York (Oxford University Press, 2d ed. 2016).
TAI-HENG CHENG is Professor of Law and Co-Director of the Institute for Global Law, Justice & Policy at New York Law School, and has been a visiting professor at Vanderbilt Law School. An author of over forty books, articles, and essays, Professor Cheng’s research has been published in the University of Illinois Law Review, Temple Law Review, and the Michigan Journal of International Law. His scholarship has been cited and relied on as authoritative by US circuit and district courts. Professor Cheng is a member of the Executive Council of the American Society of International Law, chairs its Awards Committee, and was co-chair of its 2011 Annual Meeting. He is also a member of the Executive Committee and Academic Council of the Institute for Transnational Arbitration, and a member of the American Law Institute. Professor Cheng has served as tribunal chair, arbitrator, lead counsel, and expert in ICSID, UNCITRAL, ICDR, ICC, SCC and JAMS arbitrations, and in US and Canada court proceedings. He is a member of the panel of neutrals of the ICDR, CPR and HKIAC. He has also advised the U.N. Transitional Administration of East Timor and the Republic of Kosovo on international and comparative law. Professor Cheng holds Doctor of the Science of Law and Master of Laws degrees from Yale Law School, where he was Howard M. Holtzmann Fellow for International Law. He also holds a law degree with First Class Honors from Oxford University.
BERNARDO M. CREMADES is Senior Partner of the Spanish law firm B. Cremades y Asociados and Catedrático at the Universidad of Madrid. His practice focuses on international commercial arbitration and transnational investment disputes. He has acted as counsel, party-appointed arbitrator and president of arbitral tribunals in more than 370 arbitrations. His professional experience in the field of arbitration includes acting in proceedings under the auspices of all major international arbitration institutions, including the ICC, ICSID, AAA, CRCICA or LCIA as well as “ad hoc” arbitrations. He is fluent in English, Spanish, French and German. Mr. Cremades is the leading Spanish international arbitration practitioner (“number one practitioner in Spain for commercial arbitration legal expertise” and “one of the top names in the industry”, Who’s Who Legal, July 2005). He is a member of many professional and international arbitration associations and institutions, and is a frequent speaker at conferences around the world. His international recognition includes Germany’s distinguished Verdienstkreuz award, and the French distinction of Chevalier de l’Ordre National du Mérite. In December 2017 Mr. Cremades was elected to the Royal Academy of Jurisprudence and Legislation, a distinction reserved only for Spain’s most prestigious jurists. He is the author of Arbitration in Spain (1991), Litigation in Spain (1989) and numerous articles in arbitration-related law reviews.
MATTHEW N. DROSSOS is a Partner at White & Case LLP in the firm’s International Arbitration and Commercial Litigation Practice Groups. Mr. Drossos has assisted on matters before the International Center for the Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC), and federal courts. He is admitted to the New York State Bar (2009) and was educated at Dartmouth College (AB, 2002) and Georgetown University Law Center (JD cum laude, 2008) where he was Editor in Chief of the Georgetown Journal of International Law.
DAVID R. HAIGH is a Senior Partner with the Calgary law firm of Burnet Duckworth & Palmer LLP where he has practiced as a commercial, construction and energy litigation counsel in the Canadian courts and as an advocate and arbitrator in the field of international commercial and investor-state arbitration. Mr. Haigh served as the National Chairman of the Canadian ICC Committee for 6 years and as a Director of the American Arbitration Association (“AAA”) for 12 years. He has been a Fellow of the Chartered Institute of Arbitrators for many years and is now a Chartered Arbitrator. He is also a Fellow of the American College of Trial Lawyers.
STEVEN A. HAMMOND is an independent arbitrator and mediator, and principal member of Independence DRS, LLC. For more than 32 years, he was a partner of Hughes Hubbard & Reed LLP, where he co-chaired the international practice group. Mr. Hammond has appeared as arbitrator or counsel in numerous ICC, UNCITRAL, ICSID, IACAC and ICDR/AAA international commercial and treaty arbitrations, including proceedings conducted in English, Spanish and French, and has been recognized in such publications as Chambers Global, Chambers USA, Euromoney Guides to the Best of the Best (international litigation), Commercial Arbitration, and Litigation; The International Who’s Who of Commercial Arbitration; and The International Who’s Who of Business Lawyers (Commercial Litigation). Mr. Hammond is an honors graduate of Bowdoin College and Maine Law School, and received his LLM, magna cum laude, in international and comparative law from the Free University of Brussels. He is a past President of the Union Internationale des Avocats, and a recipient of the Medalla de la Federación Interamericana de Abogados.
CHRISTOPHER HARRIS is an English-qualified barrister and experienced trial advocate ranked as a leading practitioner (inter alia) for banking and finance, energy disputes, international arbitration and public international law by Chambers & Partners and Legal 500. Mr. Harris has been recognised as among the leading UK-based arbitration counsel for many years: in 2017 he won the WWL Future Leader in Arbitration award and in 2018 the Legal 500 International Arbitration Junior of the Year award, having already been awarded International Arbitration Junior of the Year at the Chambers Bar Awards in 2014. Chambers Global and Chambers & Partners have ranked him alone as a Star Individual for arbitration for several years. The inaugural Chambers 100 directory recognised him as one of the top 100 barristers across all areas of law. He is also recommended by Chambers & Partners as a leading arbitrator and has been appointed in over 20 cases as wing, sole and presiding arbitrator in disputes under the ICC, LCIA, SCC and UNCITRAL Rules. Mr. Harris is commonly retained as the lead advocate. He has substantial experience of court and arbitration advocacy, as well as multiple appearances before the English Court of Appeal. He is particularly sought after for his “razor-sharp mind and great oral advocacy” and his “highly effective” cross-examinations, as well for being “extremely good with clients”. Mr. Harris focuses a substantial part of his practice on commercial and investment arbitration and to date has acted as counsel in eighteen investment arbitration disputes, for both investors and States. In addition, he has significant experience with the enforcement of arbitration awards, and investment treaty awards in particular, before the English Courts. In recent years, his work in this area has included: Yukos v Russia; Gold Reserve v Venezuela; Stati v Kazakhstan; and Flemingo v Poland. Mr. Harris studied both French and Swiss law as part of his education and speaks French and German.
HILARY HEILBRON QC acts both as counsel in international arbitration and commercial litigation and sits as an international arbitrator having accepted approximately 100 appointments relating to very substantial disputes as party-nominated arbitrator, institution- appointed, sole arbitrator and Chair under the ICC, LCIA, SCC, HKIAC, SIAC and ICDR as well as ad hoc. She is currently a member of the LCIA Court, the ICC UK Arbitration and ADR Committee, the International Advisory Committee of the ICDR and a member of the ICCA-ASIL Task Force on Damages in International Arbitration. Her experience extends over a wide range of contractual disputes, joint ventures, insurance, international trade and banking and various foreign laws. She has spoken and written widely on international arbitration and cross-border litigation around the world and is the author of A Practical Guide to International Arbitration in London.
MICHAEL HWANG won a scholarship to Oxford University by competitive examination and read law at undergraduate and post graduate levels. He taught law at the University of Sydney before commencing private practice in 1968 at Allen & Gledhill (now Singapore’s largest law firm) where he practiced for over 30 years, except for 1991 to 1992 when he served as a Judicial Commissioner (Fixed Term Judge) of the Supreme Court. He now practices as a Barrister and International Arbitrator in his own boutique practice. He has also served as an Adjunct Professor of Law at the National University of Singapore. In 1997 Mr. Hwang was appointed as one of the first twelve Senior Counsel of the Supreme Court of Singapore. He currently serves as Singapore’s Non-Resident Ambassador to Argentina, having previously served in that capacity to Switzerland. Between 2008 and 2010 he served as the President of The Law Society of Singapore. In 2010 he was appointed Chief Justice of the Dubai International Financial Centre (DIFC) Courts having served as Deputy Chief Justice since 2005.
RICHARD KREINDLER is a Partner of Cleary Gottlieb Steen & Hamilton LLP in Frankfurt and New York and has specialized in international disputes matters since 1985. He is a US national, was educated in the US and Germany, is admitted to the Bar in New York and Paris, and is a professor of law in Germany. Based in Frankfurt, he also works regularly from the firm’s New York office as well as in Eastern Europe, Latin America, East Asia and the Arabian Gulf. He has acted as counsel, arbitrator, expert and mediator in numerous commercial and investment-treaty based arbitrations, focused on energy, infrastructure, post-M&A, IP and public international law. He has been listed in the Top 10 and Top 20 arbitration practitioners worldwide by Global Counsel and Cross-Border Quarterly; he has also regularly been ranked as a world-leading counsel and arbitrator in Chambers, Who’s Who Legal, Legal 500, Juve and others. Mr. Kreindler has authored numerous treatises and other publications and lectures; his lectures in 2012 at the Hague Academy of International Law are published in Volume 361 of the Collected Courses. He chaired the global working group resulting in the International Bar Association (IBA) Rules on Taking of Evidence in International Arbitration (2010). He is a Fellow and Chartered Arbitrator of the Chartered Institute of Arbitrators, London. Mr. Kreindler has served in an editorial or advisory capacity for, among others, Arbitration International, German Arbitration Journal, the German Institution of Arbitration, Global Arbitration Review, the ICC Institute of World Business Law, International Arbitration Law Review, International Legal Materials, Revue de Droit des Affaires Internationales, the Swedish Arbitration Association and the Vienna International Arbitration Centre.
CAROLYN B. LAMM is a Partner at White & Case LLP and Co-chair of International Arbitration of the Americas at the firm. Ms. Lamm has served as lead counsel in international arbitrations in ICSID, ICC and other fora and related litigation in US courts for foreign states, foreign state-owned companies, and foreign corporate entities. Ms. Lamm is an arbitrator on the ICSID List, first nominated by the United States and by the Government of Uzbekistan. She has served as arbitrator in ICSID proceedings, SAIC proceedings, ICDR proceedings, AAA proceedings, and a variety of other proceedings. Ms. Lamm teaches International Investment Arbitration at the University of Miami School of Law. She is a Member of the Governing Board of ICCA; a Counsel of the American Law Institute: Counselor for the Restatement 4th of Foreign Relations; and a member of the Advisory Committee for the Restatement of International Commercial and Investment Arbitration. She has served as President of the DC Bar; American Bar Association. Ms. Lamm is a frequent lecturer and author in the field of international arbitration, and is currently Chairman of the Board of the American–Uzbekistan US Chamber of Commerce.
KIM J. LANDSMAN is in charge of litigation at Two Sigma Investments, LP, after having spent over 30 years in private practice as a commercial litigator specializing in alternative dispute resolution and intellectual property. Mr. Landsman is a member of the Roster of Neutrals of the American Arbitration Association and has also served as a mediator in the United States District Courts for the Southern and Eastern Districts of New York. He has acted as counsel in arbitrations before the ICC, ICSID, ICDR, and the AAA. Mr. Landsman publishes and speaks regularly on ADR and intellectual property issues. He is a graduate of Vassar College (A.B.), Oxford University (M.A. in Politics and Economics), and the Yale Law School, where he was an Article & Book Review Editor of the Yale Law Journal.
WENDY J. MILES QC is a partner in the firm’s London office and a member of the International Dispute Resolution Group. Her practice focuses on international arbitration and public international law. Ms. Miles is recognised as one of the market’s foremost lawyers in the fields of arbitration and public international law. With over twenty years of experience, Ms. Miles has conducted arbitrations under all the major institutions. She has also conducted ad hoc arbitrations and undertaken significant public international law cases. She has advised a wide range of multinationals, sovereign states and state entities. Ms. Miles represents clients across numerous sectors, including energy, natural resources, gaming, manufacturing, financial services, pharmaceutical, licensing, telecommunications, insurance and construction. She is ranked as a leading international arbitration adviser by Chambers Global (2018) which describes her as “a brilliant lawyer” who is “very sharp.” According to Chambers Europe (2018), ‘she provides good information and guidance about what the client’s choices are and what they should expect.” Chambers UK (2017) also names her in the top band of arbitrators, stating that she is “a force in international arbitration.” In The Legal 500 UK (2017), where she is also ranked as a leading individual for international arbitration and also noted for her public international law work, she is described as a lawyer who “goes the extra mile” and “willing and able to take on difficult cases.” The guide also states that she is “highly experienced” in public international law. She was awarded “Best in Commercial Arbitration” in the 2015 and 2016 Euromoney Women in Business Law Awards, and continues to be listed by Expert Guides in its annual “Women in Business Law” list. Ms. Miles has published numerous articles and is a frequent speaker on international arbitration issues. In 2016, she was the editor of Dispute Resolution and Climate Change: The Paris Agreement and Beyond, published by the International Chamber of Commerce, Paris and is currently co-editing a collection of essays on costs in international arbitration for Transnational Dispute Management. Ms. Miles is a Vice President of the ICC Court of Arbitration, and remains a representative on various professional bodies, including the ICC Commission on Arbitration and ADR, where she co-chaired the Task Force on Costs Allocation in Arbitration. She is also Vice Chair of the IBA Arbitration Committee and Co-Chair of the gender diversity initiative Equal Representation in Arbitration Pledge (www.arbitrationpledge.com). Ms. Miles regularly teaches on arbitration and public international law-related issues, as well as being a founding member of the Executive Committee for the Foundation for International Arbitration Advocacy. Ms. Miles is admitted to practice in England & Wales, and New Zealand. She became Queen’s Counsel in 2015. As a QC, she is able to act as advocate at all levels of the UK courts.
RORY MILLSON came to the United States in 1969 from South Africa to study at Yale College (B.A. summa cum laude in Classics). He began his legal education as a Rhodes Scholar at Oxford (B.A. First Class in Jurisprudence) and then at Yale Law School. Upon graduation, he started at Cravath, Swaine & Moore LLP, where he worked till his retirement at the end of 2015. His practice included a wide variety of litigation and arbitration, especially for international clients. This included trials and evidentiary hearings where he was exposed to – and perhaps committed – some of the perils of cross-examination described in his chapter. In his golden years, he serves as an arbitrator and mediator, including in transnational disputes. In addition, he has been involved in writing (and speaking) projects such as the report by the International Law section of the Bar of the City of New York on the legality of drone killings under international law; has been involved in the annual selection by the International Arbitration Club of New York of the best article in international arbitration; and has written book reviews on treatises on international arbitration and trial practice, in addition to the chapter in this book.
CHRISTOPHER P. MOORE is a Partner at Cleary Gottlieb Steen & Hamilton LLP, and resident in its London office. His practice focuses on international arbitration and litigation, including those involving foreign states and state-owned entities. He has acted as counsel in numerous complex disputes before a wide variety of judicial and arbitral bodies, including international arbitrations before tribunals formed under the ICC, LCIA, SCC, DIS, UNCITRAL and ICSID rules, and litigation matters before numerous state and federal courts throughout the United States. He regularly publishes and speaks on matters related to international arbitration and litigation. Mr. Moore joined the firm in 2000 and became a partner in 2009. From 2000 to 2012, he was resident in the New York office.
KARYL NAIRN QC is a Partner at Skadden, Arps, Slate, Meagher & Flom and Global Co-Head of the International Litigation and Arbitration Group. Ms. Nairn regularly is appointed as counsel or arbitrator in complex international disputes in cases conducted under the auspices of leading international arbitral institutions. In addition to her advocacy work in arbitrations, Ms. Nairn manages complex cross-border litigation and investigation matters with particular experience in joint venture/shareholder issues and disputes arising out of complex M&A transactions. Ms. Nairn served as a member of the ICC International Court of Arbitration from 1999 to 2015, including as a Vice President. She is a member of the ICC Commission on Arbitration and is a member of the LCIA Court. Ms. Nairn is ranked in the top tier of “leading individuals” for international arbitration in Chambers UK, and is recommended in Chambers Europe and Chambers Global. The Legal 500 named her to its U.K. Hall of Fame 2018 and has described her as being “in a league of her own.” Ms. Nairn was named one of the “50 Most Influential Women in Law” by Legal Business magazine in 2007, was shortlisted for “Most Innovative Lawyer of the Year” by the Financial Times and was highly ranked in the Chambers 100 list of the top 100 lawyers in the U.K.
SOPHIE NAPPERT is a dual-qualified lawyer in Canada and in the UK. She is an arbitrator in independent practice, based in Gray’s Inn, London, specialising in international disputes, notably in energy, infrastructure, natural resources and cross-border investment. Before becoming a full-time arbitrator, she was Head of International Arbitration at a global law firm. Ms. Nappert is trained and has practiced in both civil law and common law jurisdictions. She is the peer-nominated Moderator of OGEMID, the online discussion forum on current issues of international investment law, economic law and arbitration. She is ranked in Global Arbitration Review’s Top 30 List of Female Arbitrators Worldwide and is commended as a “leading light” in the field by Who’s Who Legal. In February 2018 the Canadian Government appointed Ms. Nappert to the NAFTA Chapter 19 (Trade Remedies) Roster. Ms. Nappert delivered the 2015 Inaugural Annual Lecture of EFILA, the European Federation of Investment Law and Arbitration, on the topic of Escaping from Freedom? The Dilemma of an Improved ISDS Mechanism, which won the Award for Speech of the Year at the Global Arbitration Review Awards 2016. She is the author of a Commentary on the 2010 UNCITRAL Arbitration Rules: A Practitioner’s Guide (Juris, 2012). She is a guest lecturer at Columbia Law School, Harvard Law School and McGill University Faculty of Law. She created the Nappert Prize in International Arbitration, open to young scholars and practitioners worldwide, and administered under the auspices of McGill University.
COLIN Y. C. ONG QC is Senior Partner at Dr. Colin Ong Legal Services (Brunei); Counsel at Eldan Law LLP (Singapore) and a Queen’s Counsel at 36 Stone Chambers (London). He is regularly instructed as counsel or appointed as arbitrator and has been involved in over 350 arbitrations conducted under many rules including AAA, BANI, CIETAC, HKIAC, ICC, LCIA, LMAA, KLRCA, SCMA, SIAC, TAI, UNCITRAL and WIPO rules. He is experienced in many applicable laws including Brunei, English, Indian, Indonesian, Philippine, Malaysian, Hong Kong, Japanese, PRC, Singapore, Thai and UAE laws. He has broad experience in banking, energy disputes (coal mining and supply disputes, production sharing contracts, electricity supply, gas contracts and oil exploration joint ventures), infrastructure projects, intellectual property, international trade, IP, IT, M&A disputes, licensing, mining disputes and shipping.
In 2010, he became the first non-senior judge from ASEAN to be elected a Master of the Bench of the Inner Temple. He was the first ASEAN national lawyer to be appointed Queen’s Counsel. Chartered Arbitrator; FCIArb; FMIArb; FSIArb; Ph.D; LL.M; DiplCArb; LLB (Hons). President, Arbitration Association Brunei Darussalam); Vice-President (Appointments) Thailand Arbitration Center; Advisory Council, Indonesian National Board of Arbitration (BANI); Council, Cambodian National Commercial Arbitration Centre; Advisor, China-ASEAN Legal Research Center; Task Force, International Chamber Commerce Commission; ICCA-Queen Mary Task Force (Costs), Vice-Chairman (Arbitration), Inter-Pacific Bar Association; Vice-President, Asia-Pacific Regional Arbitral Group Visiting Professor at several civil law jurisdictions and author of several legal texts in advocacy and arbitration. He is or has been a visiting professor of law at both Civil Law and Common Law universities including: Kings College London; Queen Mary University (London); National University of Malaysia (UKM); National University of Singapore (NUS); University of Hong Kong; University of Malaya; Universitas Indonesia; and Padjajaran University (Indonesia).
He is recognised in all major legal directories including as one of the top 30 arbitration practitioners in the world by Expert Guides: Best of the Best 2017(Arbitration). In 2006, he was named in GAR’s “45 under 45.” Languages include English, Bahasa Indonesia/Malay and Chinese. Recent feedback includes Who's Who Legal Arbitration 2018 Analysis: “a world-renowned arbitration counsel who always manages to make complicated issues appear unbelievably straightforward.” He is also listed as one of the 19 Most in Demand Arbitrators (Asia-Pacific Region) by Chambers & Partners and described as “one of the top arbitrators in terms of degree of demand”.
KLAUS REICHERT is a barrister in practice principally in the field of international arbitration from Brick Court Chambers in London and commercial litigation at the Bar of Ireland. He has served as an arbitrator in excess of thirty international cases right across the spectrum of commercial and investment matters. His counsel practice encompasses a similarly wide range of cases including ICSID, ICC, ICDR matters. He is currently involved in some of the leading court cases in Ireland and England on the New York Convention. He previously served as the Co-Chair of the IBA Litigation Committee and Chair of the Host Committee for the ICCA 2008 Conference marking the exact 50th anniversary of the New York Convention.
CHARLES B. RENFREW served as a United States District Judge, the Deputy Attorney General of the United States, the top Corporate Legal Officer of Chevron Corporation, and as a Director and Trustee of numerous boards. Judge Renfrew was a leader in the dispute resolution movement. He was on a national panel of distinguished neutrals of the CPR Institute for Dispute Resolution and serves as Chairman of the Board of Directors. He was a member of the London Court of International Arbitration. He served as a neutral in every type of ADR proceedings, including early neutral evaluation, conciliation, mediation, mini-trial and arbitration, and served as well as court-appointed special master and mediator for various courts.
JOEL RICHARDSON is a Senior Foreign Attorney and Partner in Kim & Chang’s International Arbitration & Cross-Border Litigation Practice Group. He has represented clients in arbitrations administered by a wide variety of institutions including ICC, LCIA, SIAC, HKIAC, KCAB, AAA, CAM-CCBC, and CAS as well as ad hoc arbitrations, and arbitrations seated in a diverse range of jurisdictions across Asia, Europe and the Americas. His arbitration experience has covered a broad range of fields, including M&A, construction, outbound investment, joint ventures, sales of goods, and intellectual property licensing. Mr. Richardson sits on the panel of international arbitrators of the Korean Commercial Arbitration Board and the panel of Specialist Mediators of the Singapore International Mediation Centre. He has been recognized as a leading individual in international arbitration in Korea by Chambers Global and Chambers Asia Pacific and is recognized by Who’s Who Legal as a future leader in arbitration. Mr. Richardson also regularly advises Korean parties regarding litigation in the United States and advises foreign clients regarding Korean court litigation in conjunction with Kim & Chang’s Korean licensed attorneys. Mr. Richardson regularly speaks at seminars and international conferences on international arbitration topics, and has published numerous articles on issues in international arbitration and cross-border dispute resolution in Korea. He is admitted to practice in Maryland, the District of Columbia, and the United States District Court for the District of Maryland.
ROBERT S. RIFKIND is a graduate of Yale University (B.A. 1958 summa cum laude) and Harvard Law School (J.D. 1961 cum laude). Admitted to the bar of the State of New York (1961), the United States Supreme Court (1965) and various other courts, he served as Assistant to the Solicitor General in the US Department of Justice (1965-68) and was a Partner in the Litigation Group at Cravath, Swaine & Moore LLP (1971-2001), where he is now Senior Counsel. He is now primarily engaged as an arbitrator in transnational arbitrations. Mr. Rifkind has served as a panelist at conferences of the Litigation section of the ABA and the ICC Institute of World Business Law (see, e.g., R.S. Rifkind, Practices of the Horseshed: The preparation of witnesses by counsel in America, in Dossiers: Arbitration and Oral Evidence, L. Levy and V.V. Veeder eds., ICC 2005). He is a fellow of the American College of Trial Lawyers, The American Law Institute, and the London Court of International Arbitration. He is also member of the Council on Foreign Relations, Phi Beta Kappa and the Century Association.
DAVID RONEY is a Partner with Sidley Austin LLP’s International Arbitration Practice, based in Geneva, Switzerland. With more than 25 years of experience, he has acted as counsel in international commercial and investment treaty arbitrations involving a broad range of different industry sectors, business transactions, governing laws and places of arbitration. In addition, Mr. Roney has served as Chairman, Sole Arbitrator and Co-Arbitrator in numerous international arbitrations under the major institutional and ad hoc arbitration rules. Mr. Roney is Co-Founder and President of the Board of Trustees of the Foundation for International Arbitration Advocacy (FIAA). In that capacity, he has provided training in the examination and cross-examination of fact and expert witnesses to hundreds of international arbitration practitioners around the world. He is also a Member of the Arbitration Court of the Swiss Chambers’ Arbitration Institution, Member of the Users Council of the Singapore International Arbitration Centre, Co-Chair of the ICC Commission on Arbitration Task Force on the New York Convention, and Adjunct Faculty Member at the MIDS – Geneva LL.M. in International Dispute Settlement offered by the Graduate Institute of International and Development Studies. He speaks and publishes regularly on international arbitration topics. Mr. Roney is a graduate of Queen’s University (B.A., 1988) and the University of Toronto Law School (J.D., 1991). He is qualified as a Barrister and Solicitor, Ontario, Canada, and Solicitor, England and Wales.
ARTHUR W. ROVINE has been serving as an arbitrator in international cases under NAFTA, ICSID, ICC, PCA and AAA/ICDR since retiring from Baker & McKenzie in 2005. He was the Director of the International Arbitration Conference at Fordham Law School, the Editor of the annual volume Contemporary Issues in International Arbitration and Mediation: The Fordham Papers, and an Adjunct Professor of Law at Fordham. Mr. Rovine was Chairman of the International Law Committee of the New York City Bar, Chairman of the ABA International Law Section (1985-1986), member of the Board of Editors of the American Journal of International Law (1977-1987) and President of the American Society of International Law (2000-2002). He has been a member of the Council on Foreign Relations since 1987. After joining Baker & McKenzie in 1983, Mr. Rovine represented clients in international arbitrations, including many investor/state cases at the Iran-US Claims Tribunal and the UN Compensation Commission. His work also included cases at NAFTA, ICSID, the ICC, the AAA/ICDR, the Stockholm Institute, ad hoc arbitrations, and international litigation in US Federal Courts. Mr. Rovine served in the Legal Adviser’s Office in the State Department (1972–1983). He established the annual Digest of United States Practice in International Law (1972–1974), and was then named Assistant Legal Adviser for Treaty Affairs (1975-1981). Mr. Rovine then became the first US Agent to the Iran-US Claims Tribunal (1981–1983), where he helped organize the Tribunal and adapt the UNCITRAL Rules to the needs of the Tribunal. He then argued cases at the Tribunal on behalf of the US Government against the Government of Iran. Throughout his professional career, Mr. Rovine has frequently published and spoken on matters of international arbitration and international law. He is listed in Who’s Who in the World and Who’s Who in America.
J. WILLIAM ROWLEY QC was elected Chairman of McMillan LLP in 1996 and Chairman Emeritus and Special Counsel on his retirement from the partnership in 2009. He attended University of Ottawa Law School from 1965–1968, where he was Editor in Chief of the Ottawa Law Review, University Gold Medalist and graduated Magna Cum Laude. Prior to joining the firm he served as law clerk to Mr. Justice Roland A. Ritchie of the Supreme Court of Canada, and before that served as Special Assistant to the Director (now Commissioner) of the Canadian Competition Bureau. Having spent the first 20 years of his professional career as a barrister involved in all aspects of commercial litigation, Mr. Rowley’s current practice is devoted largely to international arbitration, competition law (mergers and acquisitions, dominance and conspiracy), corporate governance and general public policy/government interface advice. He is listed as a leading expert in the antitrust, corporate governance and international arbitration fields by European and North American experts guides. Mr. Rowley is past Chairman of the LCIA board and past member of the LCIA Court. He is a Member of the Panel of Arbitrators of the International Centre for Settlement of Investment Disputes (ICSID) (a member of the World Bank Group), and a Member of the National Panel of Arbitrators for Canada, ICC. Mr. Rowley is a former member of the Advisory Committee on Private Commercial Disputes of the North American Free Trade Agreement (NAFTA). He is the Co-founder and Co-chairman for the Global Forum on Competition and Trade Policy, London and Washington DC. Editor in Chief, Business Law International, London. In addition to having headed the firm’s Competition Law practice, Mr. Rowley is also a frequent writer and speaker in the Arbitration, Antitrust and Corporate Governance fields, both in Canada and abroad.
BEN H. SHEPPARD, JR. was a Distinguished Lecturer and Director of the A.A. White Dispute Resolution Center at the University of Houston Law Center. From 1969 through 2005 he practiced at Vinson & Elkins L.L.P. where he was a Partner and co-chair of the firm’s international dispute resolution practice. His practice focused on litigation and arbitration, both as counsel and as arbitrator. He served in international and domestic arbitrations as sole arbitrator, tribunal chair, party-appointed arbitrator and on tripartite tribunals selected from institutional rosters. He was chair of AAA/ICDR task force that promulgated the 2006 amendment to the ICDR International Arbitration Rules establishing a pre-arbitral emergency arbitrator procedure. He was the author of the report and recommendation to the House of Delegates of the American Bar Association in support of the 2004 Revision to the AAA/ABA Code of Ethics for Arbitrators in Commercial Disputes. He chaired one of the two working groups that promulgated the CPR Protocol on Disclosure of Documents and Presentation of Witnesses in Commercial Arbitration. He was a past chair of the Disputes Division of the ABA Section of International Law and for five years served as editor-in-chief of The International Arbitration News. He graduated with high honors from the University of Texas School of Law in 1968, and was law clerk to the Honorable Homer Thornberry, United States Court of Appeals for the Fifth Circuit from 1968 to 1969.
LAURENCE SHORE is a dual US/UK qualified Partner in the Milan office of BonelliErede. He is Co-chair of the firm’s International Arbitration Practice Group. He has been the lead advocate in a number of commercial and treaty arbitration cases, and has also sat as an arbitrator in cases under the ICC, Cairo Regional Centre, LCIA, ICDR, ICSID, AAA, and UNCITRAL Rules. In addition to his work as an arbitration practitioner, Mr. Shore has tried cases in the United States courts and in England’s High Court. He co-authored the second edition of International Investment Arbitration: Substantive Principles (Oxford University Press, 2017), and the chapter, “Cultural Considerations in Advocacy: United States,” in the GAR Guide to Advocacy, second edition, 2017. He is a member of the New York, District of Columbia and Virginia Bars, and is a Solicitor of the Senior Courts of England and Wales. Prior to joining BonelliErede, he was a Partner in London and New York City law firms (Herbert Smith and Gibson Dunn). Mr. Shore earned his Juris Doctor degree from, Emory University School of Law (Atlanta, Georgia), and a Ph.D. in History from Johns Hopkins University (Baltimore, Maryland). His Bachelor of Arts degree is from the University of North Carolina at Chapel Hill.
ROBERT H. SMIT recently retired as a Partner at Simpson Thacher & Bartlett LLP in New York, where he chaired the firm’s international arbitration and litigation practice. He currently serves as an arbitrator in international commercial and investment international arbitrations, and is Adjunct Professor of Law at Columbia Law School, where he teaches international arbitration and litigation. Mr. Smit is or has been a US Member of the ICC International Court of Arbitration, Chair of the New York City Bar Association Committee on International Commercial Disputes, Chair of the CPR Arbitration Committee, Vice Chair of the International Bar Association’s Committee on International Arbitration and ADR, and Adviser for the ALI’s Restatement (Third) of International Arbitration in the United States. Mr. Smit received his J.D. from Columbia Law School and his D.E.A. degree from the University of Paris, where he also taught US commercial law.
JOHN M. TOWNSEND is a Partner in the Washington office of Hughes Hubbard & Reed LLP and chairs that firm’s Arbitration and ADR Group. He was from 2007 to 2010 the Chairman of the Board of Directors of the American Arbitration Association and was appointed by President Bush to the Panel of Arbitrators of the International Centre for the Settlement of Investment Disputes (ICSID, on which he served from 2008 to 2016). Mr. Townsend is a member of the Arbitration and Competition Law Committees of the US Council for International Business (the US arm of the ICC) and chaired the US Council’s European Privilege Task Force. He was the first Chair of the Mediation Committee of the International Bar Association (2005–2006). Mr. Townsend is a member of the Challenge Review Board of CPR: The International Institute for Conflict Prevention and Resolution, and is a Vice President of the Court of Arbitration of the LCIA (London Court of International Arbitration). He is a member of the American Law Institute and of the College of Commercial Arbitrators. Mr. Townsend is a graduate of Yale University (B.A., 1968) and Yale Law School (J.D., 1971) and speaks fluent French.
FRANCIS A. VASQUEZ JR. is a Partner at White & Case LLP where he practices in the areas of international arbitration and commercial litigation. Mr. Vasquez has appeared in many international arbitrations and US court actions involving foreign sovereigns, their affiliates, international organizations and related commercial entities. Mr. Vasquez has appeared on behalf of the prevailing party in many well-known ICSID cases, including Ceskoslovenska Obchodni Banka, A.S. v. Slovak Republic, Noble Ventures, Inc. v. Romania, Plama Consortium Limited v. Bulgaria, EDF (Services) Limited v. Romania, Aquatiya Energy, LLC v. Republic of Peru, andGiovanna a Beccara and others v. Argentina Republic, and was arbitration counsel in Animal Feeds, et al. v. Stolt-Nielsen, et al. He is currently representing the Russian Federation in Hulley Enterprises Ltd. v. Russian Federation, No. 1:14-cv-01996 (D.D.C.) and International Finance Corporation in the first case about the International Organizations Immunities Act to come before the US Supreme Court. Mr. Vasquez is also an adjunct professor at Georgetown University Law Center, where he teaches trial practice.
ROBERT WISNER is a Litigation Partner in the Toronto office of McMillan LLP and is the firm’s Co-Chair, International Arbitration. His practice focuses on international commercial arbitration, investment treaty arbitration and Corporate-Commercial litigation. Mr. Wisner has argued numerous cases before international arbitral tribunals and has appeared at all levels of the Ontario and federal courts as well as before various administrative tribunals. These cases have involved matters of public international law, multi-jurisdictional litigation, joint venture, corporate governance and shareholder disputes, complex commercial contracts and competition law or regulatory issues. He has been described as “a leader in his field through his premier international commercial and investor state arbitration work” (Who’s Who Legal 2012) and is ranked in Band 1 for arbitration by Chambers Canada (2018). Many of Mr. Wisner’s clients are involved in the mining, energy, aviation, infrastructure or telecommunications sectors and carry on business in emerging markets.
