GAR Volume 6 - Issue 4

45 under 45

Jivraj appeal upheld - The UK Bribery Act - An approach to gas pricing disputes

Features

A cloud lifts over London

A UK Supreme Court decision that arbitrators are not employees protected by anti-discrimination legislation will put to rest concerns over the validity of standard arbitration clauses and London’s future as a centre for international disputes. Alison Ross reports

Playing ball over prices

Price review arbitrations arising from gas supply contracts are beset with uncertainties. Ben Holland and Jeremy Wilson, partners in the energy disputes group at CMS Cameron McKenna in London, urge parties to consider baseball arbitration for a predictable and commercially viable outcome.

UK Bribery Act: don’t believe the hype

On the eve of the UK Bribery Act entering into force, Paul Cohen, a partner at Thompson & Knight in New York and the author of a leading book on corruption, considers its impact on international arbitration.

Surveys

Honourable mentions

The following individuals were also nominated for the 45 under 45 but despite their excellent credentials, narrowly missed out for lack of space. Had this been a “60 under 45”, we would have been delighted to include them.

Global Briefing

CONSTRUCTION: Resolving claims through an amiable compositeur - a useful approach?

Mark Goodrich and Christopher Hunt of White & Case in Tokyo report on an innovative and cost-saving approach taken in a recent construction case, where an arbitrator acted as an amiable compositeur.

HONG KONG: Decision on immunity not absolutely clear

A recent appeal brought by the Democratic Republic of the Congo has established that sovereign immunity is absolute in Hong Kong. Richard Hill and James Rogers, partner and senior associate at Fulbright & Jaworski, consider the implications and the lack of clarity over whether the courts in Hong Kong can continue to exercise supervisory power over locally-seated arbitrations featuring state parties

MONEY COLUMN: Are your clients rational negotiators?

Will negotiation theorists become star expert witnesses for damages issues in international arbitration? Washington, DC-based arbitrator Mark Kantor thinks they might if a recent California federal court decision in the heavyweight patent fight between Lucent Technologies and Microsoft points the way

PIL COLUMN: ICJ orders provisional measures in Cambodia v Thailand

Partner Will Thomas and associate Greg Falkof of Eversheds discuss the International Court of Justice's recent order on provisional measures in a dispute between Cambodia and Thailand over a 900 year-old Hindu temple.

SINGAPORE: Court rules on insolvency

Ing Loong Yang and Christopher Tan of Sidley Austin discuss a recent decision by Singapore's highest court providing valuable guidance on the novel question of when insolvency-related disputes can be submitted to arbitration.

SWITZERLAND: What does the new domestic arbitration regime teach us?

Domitille Baizeau and André Brunschweiler, partner and associate at Lalive in Geneva and Zurich, consider features of the new regime governing domestic arbitration in Switzerland that may be of interest to international arbitration practitioners

UAE: Can the Dubai World Tribunal hear disputes referred to arbitration?

A recent decision of the Dubai World Tribunal clarifies the limits to the tribunal’s jurisdiction over disputes referred to arbitration and creates an indemnity costs penalty against claimants that wrongly invoke its jurisdiction. Ghada Qaisi Audi, acting deputy registrar of the tribunal and judicial support and communications manager at the DIFC Courts, reports.

Book Reviews

BOOK REVIEW: Global Administrative Law: Towards a Lex Administrativa

Editors: Javier Robalino Orellana and Jaime Rodríguez-Arana Muñoz. Published by Cameron May, 2010. Reviewed by Craig S Miles, partner at King & Spalding in Houston

BOOK REVIEW: International and Domestic Arbitration in Switzerland

Authors: Bernhard Berger and Franz Kellerhals. Published by Sweet & Maxwell and Stämpli Publishers, 2010. Reviewed by Sébastien Besson, partner at Python & Peter in Geneva

45 Under 45

GAR 45 under 45 2006 - Where are they now?

GAR catches up with the 45-ers of yesteryear, who weren’t eligible for inclusion in the new list. Names marked with an asterisk are still under 45.

GAR 45 under 45 2011 - Andrea Carlevaris

Partner, Bonelli Erede Pappalardo in Rome. Italian. 42

GAR 45 under 45 2011 - Andrea Menaker

Partner, White & Case in Washington, DC. US citizen. 42

GAR 45 under 45 2011 - Andrew McDougall

Partner, Perley-Robertson Hill & McDougall in Ottawa. Canadian and French. 40

GAR 45 under 45 2011 - Aníbal Sabater

Partner, Fulbright & Jaworski in Houston. Spanish. 37

GAR 45 under 45 2011 - Ank Santens

Partner, White & Case in New York. Belgian. 38

GAR 45 under 45 2011 - Anthony Sinclair

Partner, Allen & Overy in London. New Zealander. 35

GAR 45 under 45 2011 - Baiju Vasani

Partner, Crowell & Moring in Washington, DC, and London. British. 36

GAR 45 under 45 2011 - Catherine Amirfar

Partner, Debevoise & Plimpton in New York. US citizen. 38

GAR 45 under 45 2011 - Claudia Annacker

Partner, Cleary Gottlieb Steen & Hamilton in Paris. Austrian. 43

GAR 45 under 45 2011 - Colin Ong

Partner, Dr Colin Ong Legal Services in Brunei, London and Singapore. Brunei citizen. 43

GAR 45 under 45 2011 - Craig Miles

Partner, King & Spalding in Houston. US citizen. 43

GAR 45 under 45 2011 - Cristian Conejero Roos

Partner, Cuatrecasas in Madrid. Chilean. 35

GAR 45 under 45 2011 - Daniel Gal

Partner, Dechert in London. Australian-Hungarian. 37

GAR 45 under 45 2011 - Domitille Baizeau

Partner, Lalive in Geneva. French-New Zealander. 40

GAR 45 under 45 2011 - Eduardo Gonçalves

Partner, Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados in São Paulo. Brazilian. 40

GAR 45 under 45 2011 - Emmanuelle Cabrol

Partner, Herbert Smith in Paris. French. 38

GAR 45 under 45 2011 - Franz Schwarz

Partner, WilmerHale in London and Frankfurt. Austrian. 38

GAR 45 under 45 2011 - Gaëtan Verhoosel

Partner, Covington & Burling in London. Belgian. 37

GAR 45 under 45 2011 - Georgios Petrochilos

Partner, Freshfields Bruckhaus Deringer in Paris. Greek. 38

GAR 45 under 45 2011 - Hamid Gharavi

Partner, Derains & Gharavi in Paris. French-Iranian. 40

GAR 45 under 45 2011 - Ignacio Suarez Anzorena

Partner, Chadbourne & Parke in Washington, DC. Argentine. 40

GAR 45 under 45 2011 - Introduction

The “45 under 45” is intended as a guide to the leading figures of the international arbitration bar under the age of 45. The first time we published such a list was in our inaugural issue in 2006, so it seemed about time for a reappraisal.