GAR Volume 6 - Issue 4
45 under 45
Jivraj appeal upheld - The UK Bribery Act - An approach to gas pricing disputes
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
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.
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.
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.
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.
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
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
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.
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.
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
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.
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
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 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.
Partner, Bonelli Erede Pappalardo in Rome. Italian. 42
Partner, White & Case in Washington, DC. US citizen. 42
Partner, Perley-Robertson Hill & McDougall in Ottawa. Canadian and French. 40
Partner, Fulbright & Jaworski in Houston. Spanish. 37
Partner, White & Case in New York. Belgian. 38
Partner, Allen & Overy in London. New Zealander. 35
Partner, Crowell & Moring in Washington, DC, and London. British. 36
Partner, Debevoise & Plimpton in New York. US citizen. 38
Partner, Cleary Gottlieb Steen & Hamilton in Paris. Austrian. 43
Partner, Dr Colin Ong Legal Services in Brunei, London and Singapore. Brunei citizen. 43
Partner, King & Spalding in Houston. US citizen. 43
Partner, Cuatrecasas in Madrid. Chilean. 35
Partner, Dechert in London. Australian-Hungarian. 37
Partner, Lalive in Geneva. French-New Zealander. 40
Partner, Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados in São Paulo. Brazilian. 40
Partner, Herbert Smith in Paris. French. 38
Partner, WilmerHale in London and Frankfurt. Austrian. 38
Partner, Covington & Burling in London. Belgian. 37
Partner, Freshfields Bruckhaus Deringer in Paris. Greek. 38
Partner, Derains & Gharavi in Paris. French-Iranian. 40
Partner, Chadbourne & Parke in Washington, DC. Argentine. 40
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.
Partner, Chaffetz Lindsey in New York. New Zealander-US citizen. 41
Counsel, Allen & Overy in Frankfurt. German. 39
Partner, Paz Horowitz Robalino Garces in Quito. Ecuadorean. 40
Partner, Baker Botts in London. German. 38
Partner, Bae Kim & Lee in Seoul. US citizen. 40
Senior foreign attorney, Kim & Chang in Seoul. British. 34
Partner, Skadden Arps Slate Meagher & Flom in New York. Canadian-French. 36
Partner, Herbert Smith in Hong Kong. British. 39
Partner, Hafez in Cairo. Egyptian. 39
Partner, K&L Gates in Paris. French. 40
Partner, Norton Rose OR in Montreal. Canadian-Czech. 42
Partner, Freshfields Bruckhaus Deringer in Paris. US citizen. 40
Partner, Pinheiro Neto Advogados in São Paulo. Brazilian. 35
Partner, Freshfields Bruckhaus Deringer. Dubai. 38. British-Iranian
Partner, King & Spalding in Houston. Argentine. 38
Partner, Mannheimer Swartling in Stockholm. Swedish. 40
Partner, Cleary Gottlieb Steen & Hamilton in Paris. Lebanese-French-Ecuadorean. 38
Barrister, Essex Court Chambers in London. Mauritian-French. 40
Partner, Python & Peter in Geneva. Swiss. 41
Partner, Debevoise & Plimpton in London. British. 37
Partner, Volterra Fietta in London. British. 40
Partner, Freshfields Bruckhaus Deringer in London. British-Spanish. 36
Partner, Shearman & Sterling in Paris. French-Iranian. 44
Counsel, Shearman & Sterling in Singapore. Singaporean. 36