Arbitration Archives

ICC and USCIB Host Singapore Minister to Discuss Trade Disputes in Asia

Published on June 12, 2017
Singapore’s Senior Minister of State for Law and Finance Indranee Rajah SC gives remarks

The ICC International Court of Arbitration and USCIB’s Arbitration Committee co-hosted Singapore’s Senior Minister of State for Law and Finance Indranee Rajah SC on May 22 in New York, attracting law professionals including arbitrators, counsel and academics. The keynote address was followed by a roundtable discussion of considerations when resolving disputes in Asia, such as when to litigate or arbitrate, the use of expedited procedure rules, investment treaty developments in the region and enforcement considerations in various jurisdictions.

“As economies in Asia continue to grow, dispute volume and complexity will rise,” said Minister Rajah in her remarks, which focused on Singapore as a place of arbitration.

Other panelists included Grant Hanessian, partner, Baker McKenzie, court member, ICC International Court of Arbitration and chair of the USCIB Arbitration Committee, Mevelyn Ong, associate, Sullivan & Cromwell and former deputy counsel, ICC International Court of Arbitration, Christopher K. Tahbaz, Partner, Debevoise & Plimpton LLP, Dan Tan, principal, Dan Tan Law and Edwin Tong, SC, partner, Allen & Gledhill LLP.

Upcoming Arbitration Events: Global YAF

Published on May 15, 2017

International Chamber of Commerce (ICC) Global Young Arbitrators Forum (YAF) Event:

ICC Young Arbitrators Forum (ICC YAF) is organizing its 6th Global Conference in New York City on June 9-10, 2017 with a welcome reception on June 8. The conference will be hosted by Columbia Law School. The event will host preeminent speakers from Latin America, North America, Europe, Middle East and North Africa and Asia.

Additional program details, registration and a detailed agenda are available here.

Upcoming ICC Young Arbitrators Events

Published on April 25, 2017

The International Court of Arbitration of the International Chamber of Commerce is organizing two ICC Young Arbitrators Forum (YAF) events in New York and San Francisco. On May 1, ICC YAF is organizing an event on “Summary Adjudication in International Arbitration” in San Francisco which will feature a panel of young practitioners on the West Coast along with a presentation by the Counsel of the ICC’s North America case management team. You may register by contacting Melissa.bibbs@dlapiper.com.

The ICC YAF Global Conference will be held from June 9-10 in New York City at Columbia Law School with a welcome cocktail reception on June 8. The conference will feature keynote speeches, panel discussions, debates, and workshops on Third Party Funding and Damages, along with a special networking session called, “Friday Night Live”. This conference is aimed at young arbitration practitioners of approximately 40 years and under: counsel, arbitrators, corporate counsel or academics. This ICC YAF Global Conference is a unique opportunity for YAF members from all over the world to meet peers from all Chapters. Young practitioners from all continents will gather to exchange thoughts on international arbitration and share some fun together. For more information, please visit their website.

ICC YAF has also recently announced new regional representatives for its 2017-2019 mandate. Representing 40 countries and 53 cities, the elected representatives are tasked with promotion and development of the dynamic global network of young arbitration talent. USCIB would like to congratulate the following new representatives for the United States:

Andy Tuck, Alston & Bird, LLP, Atlanta

Seth Meyer, Kirkland & Ellis, LLP, Chicago

Silvia Marchili, King & Spalding, Houston

Marike Paulsson, University of Miami School of Law’s International Arbitration Institute, Miami

Floriane Lavaud, Debevoise & Plimpton, New York

Ignacio Zapiola, Cleary Gottlieb Steen & Hamilton, LLP, New York

Amy Endicott, Arnold Porter LLP, San Francisco

Chip Rosenberg, White & Case LLP, Washington DC

UN Environment Assembly Focuses on Role of Business

Published on March 20, 2017
Kennedy at Nairobi UNEP Meetings
Kennedy representing the Business and Industry Major Group at UNEP meetings in Nairobi 

Norine Kennedy, USCIB’s expert on environment and climate change policy and one of two official business focal point representatives for the UN Environment Programme (UNEP), recently attended UN Environment Assembly (UNEA3) preparatory meetings in Nairobi (March 7-10). UNEA represents the world’s highest-level decision-making body on the environment with universal membership of all 193 UN Member States along with non-governmental organizations and the private sector. The meetings in Nairobi began discussions to develop a new framework of of pollution-related issues for potential decisions and pledges at UNEA3; a substantial element of this framework will be the role of business in causing, remediating and minimizing pollution. UNEA3 will take place from December 4-6 in Nairobi.

UNEA3’s theme will be, “Towards a Pollution Free Planet.”  In interventions during last week’s preliminary meetings, government and UNEP officials linked this broad topic with other policy concepts underpinning regulatory efforts, including the circular economy and sustainable consumption.   Several governments also emphasized connections with UN Sustainable Development Goals (SDGs).

“At this early stage, most attention seems to be directed at plastics in the marine environment, whether in the form of micro-plastics and smaller debris,  or as plastic bottles and plastic bags, with the push coming from Nordic countries, the EU and some African countries,” observed Kennedy. “Other issues under the other pollution sub-headings could still be proposed.

Led by UNEP Executive Director, Erik Solheim, and echoed by numerous government representatives, UNEA3 preparations for UNEA3 are placing a strong focus on business and industry as a source of solutions, resources, and actions, yet much needs to be done to afford adequate time and attention to contributions that business has made to addressing environmental challenges.  “In spite of extensive partnership and engagement by business with UNEP over decades, discussions last week frequently seemed to assume that business and industry was not already engaged in environmental and sustainability management,” noted Kennedy.   In her intervention on behalf of Business and Industry, Kennedy reminded governments and UNEP of the business community’s ongoing commitment to environmental stewardship and role in advancing innovative technologies to further all elements of sustainability.

Questions remain about how UNEP will identify and invite important business entities to the table, with an emphasis on geographical and sectoral representation, rather than anecdotal examples and individual CEOs.  USCIB will continue to advocate for U.S. business involvement and representation, working with UNEP and the U.S. Administration.

ICC Institute Advanced Training on the Conduct of the Proceedings and Case Management

Published on March 20, 2017

Registration is now open for the ICC Institute Advanced Training on the Conduct of the Proceedings and Case Management.

Location: San Francisco, CA

Description: This training is of an advanced level and will focus in depth on how the arbitrator should establish his or her authority over the parties throughout the proceedings, including hearings, and interact with his or her fellow-arbitrators. Attendees are supposed to already master the basics of ICC international commercial arbitration. The training will consist of presentations and interactive discussions using mock case scenarios designed to hone participants’ understanding of critical theoretical concepts while also emphasizing many practical aspects involved in conducting an international arbitration.

To register, please visit the registration website. Early Bird rate is available through March 31.

New ICC Arbitration Rules and Note

Published on March 20, 2017

International Law And Human Rights ConceptThe International Chamber of Commerce (ICC) International Court of Arbitration recently adopted new ICC Arbitration Rules and Note, which was approved by the Bureau of the Court on February 22 and went into effect earlier this month. The Note consolidates previously existing notes into one cohesive guidance document.

“The Note is an important step towards the implementation of our new policies to foster the efficiency and the transparency of ICC arbitrations. The possibility for any party to seek the provision of reasons for a wide range of Court decisions is a landmark change as well as a message of accountability to our users,” said President of the Court Alexis Mourre.

The Note also introduces a wide range of additional services that are now available to the parties in ICC cases, such as the recommendation of administrative secretaries, services for the organization of the hearing, the organization of transparent proceedings or the use of sealed offers.

Additional information on the Note can be found here.

ICC and USCIB Hold Educational Events on Arbitration

Published on March 6, 2017
Emmanuel Gaillard, visiting professor at Yale Law School and head of International Arbitration at Shearman & Sterling LLP
Emmanuel Gaillard, visiting professor at Yale Law School and head of International Arbitration at Shearman & Sterling LLP

The International Court of Arbitration of the International Chamber of Commerce (ICC) and USCIB’s Arbitration Committee organized two educational events in New York last month—the fifth annual Proskauer Lecture on International Arbitration on February 21 and the Eleventh Vis Moot Practice Session on February 24.

The Proskauer Lecture is organized jointly by ICC, USCIB, Proskauer, and Columbia University School of Law’s Center for International Commercial and Investment Arbitration Law. As in previous years, the lecture featured a globally-renowned expert delivering a lecture to the international dispute resolution community in New York. This year’s expert lecturer was Emmanuel Gaillard, visiting professor at Yale Law School and head of International Arbitration at Shearman & Sterling LLP who spoke on the topic: International comity, ‎lis pendens, res judicata: Do the principles of judicial practice apply to international arbitration? “Emmanuel Gaillard gave a tour de force lecture on comity that has gotten people talking about the issue and even thinking about it in a different manner,” noted Peter Sherwin, Partner at Proskauer. “Through presentations like his, the Proskauer Lecture has become a must-attend event for the international arbitration community in New York and beyond.” A summary of Gaillard’s lecture will appear in the next issue of the Global Arbitration Review (GAR).

A few days later, Dentons LLP hosted eight universities in the eleventh annual ICC/USCIB Vis Moot Practice Session. Participating law schools included the University of Bucharest, Brooklyn Law School, Cardozo, Fordham University, New York University, Pace Law School, Rutgers Law School and St. John’s University School of Law. The practice session serves as an invaluable opportunity for teams to hone their arguments in front of mock arbitrators prior to The Annual Willem C. Vis International Commercial Arbitration Moot in Vienna (April 7-13) or Hong Kong (March 26 – April 2), during which times teams from around the globe will compete in a mock arbitration. John Hay, partner at Dentons LLP stated that “Events like this provide for all the participants a worthwhile learning experience where they see, firsthand, which presentation styles and techniques work, and which do not.”

Consistently growing since its inception eleven years ago, the Vis Moot Practice Session gathered nearly thirty arbitration practitioners who volunteered their time and expertise to serve as mock arbitrators and provide feedback to teams before the real competition commences in Vienna or Hong Kong. Speaking on the networking opportunities presented to law students and future arbitration practitioners, Soeun (Nikole) Lee, deputy director, head of ICC Young Arbitrators Forum North America Chapter, stated that “the VIS moot is the best introduction to international arbitration as a student.  It is intellectually challenging, fun, and a phenomenal opportunity to meet future colleagues and mentors.   ICC VIS moot practice session serves as a great “moot for the Moot”.  We were very impressed at the students’ level of preparation and quality of arguments.”

ICC Welcomes New Court Secretary General and Deputy Secretary General

Published on February 21, 2017

The International Chamber of Commerce (ICC) has recently announced the appointment of Alexander G. Fessas as secretary general of the ICC International Court of Arbitration (“ICC Court”) and director of ICC Dispute Resolution Services and Ana Serra e Moura as deputy secretary general of the ICC Court. They will succeed Andrea Carlevaris and José Ricardo Feris, respectively, who are returning to private practice at the end of May.

Fessas, a Cypriot national born in Athens, currently serves as managing counsel and is the third most senior member of the ICC Court’s Secretariat. He started his career with ICC working as deputy counsel in the Eastern European team in 2011. He was later promoted to counsel, first in charge of the North American team and later in charge of the Eastern Mediterranean and Middle East team. Before joining ICC, Fessas was an associate at Stelios Koussoulis & Partners, an Athens-based law firm until 2007, and a sole practitioner thereafter.

Moura, in turn, currently serves as counsel in charge of Latin America and the Iberian Peninsula. She joined ICC as deputy counsel of the same team in 2011. Moura is also the project manager of the opening of the ICC Court Secretariat’s office in Sao Paulo, which will be announced shortly. She is admitted to the Portuguese Bar. She obtained her law degree from the Universidade Católica Portuguesa in Lisbon and furthered her studies at the Instituto de Empresa Law School in Madrid. In addition to Portuguese, her native language, she speaks English, Spanish and French. Moura has ample experience in both commercial and investment arbitration, as well as commercial and corporate law.

For additional information on their appointments, please see this ICC Press Release.

 

Upcoming ICC Arbitration Events

Published on February 20, 2017

The International Chamber of Commerce Court of Arbitration will be hosting two upcoming events in San Francisco and Washington DC.

ICC Institute Advanced Training on the Conduct of the Proceedings and Case Management

Location: San Francisco, CA

Description: This training is of an advanced level and will focus in depth on how the arbitrator should establish his or her authority over the parties throughout the proceedings, including hearings, and interact with his or her fellow-arbitrators. Attendees are supposed to already master the basics of ICC international commercial arbitration. The training will consist of presentations and interactive discussions using mock case scenarios designed to hone participants’ understanding of critical theoretical concepts while also emphasizing many practical aspects involved in conducting an international arbitration.

To register, please visit the registration website. Early Bird rate is available through March 31.

ICC Institute Masterclass for Arbitrators: Overview of fundamentals and best practices related to serving as an arbitrator

Registration is now open for the upcoming ICC Institute Masterclass for Arbitrators: Overview of fundamentals and best practices related to serving as an arbitrator.

Date: March 13-15, 2017

Location: Washington, DC

This advanced level training will provide participants with an opportunity to gain a deeper insight into some of the provisions of the 2012 ICC Rules of Arbitration while learning about the latest developments and best practices related to serving as an international arbitrator.

Topics to include:
• The role and appointment of arbitrators
• Establishing the arbitrator’s authority to create a suitable working framework
• Conduct of the proceedings and case management techniques
• Mock arbitral tribunal to explore issues pertaining to relations between arbitrators
• Drafting enforceable awards and scrutiny by the ICC International Court of Arbitration

Who should attend:
• Practitioners who have significant experience in international commercial arbitration as counsel, but little or no experience as arbitrators.
• Arbitrators who wish to reinforce their knowledge.

Registration and event details are available on this website.

New Report on Financial Institutions and International Arbitration

Published on January 20, 2017
L-R: Edward Turan (Citigroup), Daniel Schimmel (Foley Hoag), Samaa Haridi (Hogan Lovells), Grant Hanessian (Baker & McKenzie), Claudia Salomon (Latham & Watkins)
L-R: Edward Turan (Citigroup), Daniel Schimmel (Foley Hoag), Samaa Haridi (Hogan Lovells), Grant Hanessian (Baker & McKenzie), Claudia Salomon (Latham & Watkins)

At the USCIB Arbitration Committee’s January 18 meeting in New York City, the International Chamber of Commerce (ICC) unveiled a new report on “Financial Institutions and International Arbitration” that assesses the banking and finance industry’s experience and perceptions of cross-border alternative dispute resolution.

Established in 1923, ICC’s International Court of Arbitration is the world’s most respected forum for the settlement of cross-border disputes. USCIB, which serves as ICC’s U.S. national committee, provides a forum for input to the development of new ICC rules, procedures and services, and nominates potential arbitrators to the Paris-based ICC Court.

The new report, prepared by a special task force of ICC Commission on Arbitration and ADR, and presented by task force co-chair Claudia T. Salomon (Latham & Watkins LLP), addresses the potential benefits of international commercial arbitration in banking and financial matters and some common misperceptions about the process. Arbitration, the report says, with its flexibility and worldwide enforcement, has the potential to become a preferred dispute resolution method for the world’s corporate and investment banks.

Task force member Edward Turan (Citigroup) said that arbitration was especially valued by financial institutions when disputes involved high-value transactions, complex instruments such as derivatives, or were of a highly sensitive or confidential nature. The ICC Commission report concludes with detailed recommendations for tailoring the arbitration process to suit the needs of the banking and finance sectors.

2016: Record number of new cases

The event also featured an update on recent developments by ICC Court President Alexis Mourre. The Court recently announced record figures for new cases filed for administration under ICC rules in 2016. According to preliminary statistics, a total of 966 new cases administered by the Court were filed in 2016 – involving 3,099 parties from 137 countries. Constituting a record year for the Court in its 94-year history, the figures reflect continuing growth of the world’s leading arbitral institution and its ongoing efforts to make ICC dispute resolution services more accessible worldwide.

“These initial findings are welcome testament to our efforts to continually adapt our services to the needs of arbitration users around the world,” said Mourre. “These efforts will continue in 2017 with plans to build further on our global presence in the year ahead.” Click here to read more on ICC’s website.

Changing of the guard at USCIB Arbitration Committee

L-R: Grant Hanessian (Baker & McKenzie), Peter Robinson (USCIB), Mark Beckett (Cooley)
L-R: Grant Hanessian (Baker & McKenzie), Peter Robinson (USCIB), Mark Beckett (Cooley)

USCIB President and CEO Peter Robinson provided an overview of recent developments in USCIB’s Arbitration Committee, recognizing a number of subcommittee chairs from around the country. He also extended the organization’s thanks to outgoing Committee Chair Mark Beckett (Cooley LLP) for several years of outstanding leadership and service, and welcomed incoming Chair Grant Hanessian (Baker & McKenzie).

Robinson commented: “Mark Beckett demonstrated tireless and devoted leadership over the past eight years, and presided during a period of transitions including strengthening of the USCIB Arbitration Committee and development of new institutional relationships as a result of the establishment of SICANA, the North American case-management team in New York. We have greatly appreciated his guidance, friendship and integrity. And we are very much looking forward to working with and supporting the vision of Grant Hanessian as the new Committee chair, having greatly enjoyed working with him as vice chair.”