KNOW-HOW
EXPLORE PAST TAGTIME EPISODES
Browse on this page the episodes of TagTime Seasons 1-7. This webinar series, co-hosted by Dr Kabir Duggal and Amanda Lee, began in April 2020 and is ongoing.
The links below redirect to the webinar recordings (with the most recent season first), together with slides and additional resources for many episodes (Delos monthly and annual members only).
You can also browse past episodes here by topic. If you would like to search our past webinars by date, speaker or key word, you can do so here.
In the first episode of the seventh season of TagTime, Prof. George Bermann discussed “MFN: Making Sense of the Confusing Jurisprudence” with hosts Dr Kabir Duggal and Amanda Lee. Prof George Bermann was tagged by Dr. Christopher Boog.
Prof. George A. Bermann is the director of the Center for International Commercial & Investment Arbitration at Columbia Law School. He is a world-renowned authority on comparative law, EU law, international trade contracts, WTO dispute resolution, and transnational litigation and arbitration. For more than four decades, he has been an active international arbitrator in commercial and investment disputes in all sectors, including general commercial contract, construction, intellectual property, energy, oil and gas, competition law, insurance, telecommunications, pharmaceuticals, distributorship and franchising, transportation, and employment. He also serves regularly as an expert witness before international arbitral tribunals as well as before courts in arbitral-related cases.
Bermann joined the Columbia Law School faculty in 1975. He founded both the Columbia Journal of European Law and the European Legal Studies Center, where he serves as the director. In addition to teaching full-time at the Law School, he is an affiliated faculty member of the School of Law of Sciences Po in Paris and the MIDS Masters Program in International Dispute Settlement in Geneva.
Bermann was the chief reporter for the American Law Institute (ALI) for its Restatement of the Law, The U.S. Law of International Commercial and Investor-State Arbitration, a 12-year project that was completed in 2019; it was the first ALI Restatement on this area of the law. Bermann is also co-author of the UNCITRAL Guide to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, chair of the Global Advisory Board of the New York International Arbitration Center (NYIAC), co-editor in chief of the American Review of International Arbitration, and founding member of the governing body of the ICC Court of Arbitration and a member of its standing committee.
In episode 1 of the sixth season of TagTime, Sofia Martins discussed “The role of professional arbitral organizations in regulating the conduct of arbitrators” with hosts Dr Kabir Duggal and Amanda Lee. The recording is available here. Sofia Martins was tagged by Reza Mohtashami QC. She in turn tagged Gisela Knuts.
You can find the slides from the episode here.
Sofia Martins
Sofia Martins heads the disputes practice at Miranda & Associados.
Sofia sits on the board of the Portuguese Arbitration Association since 2014. She has also been an officer of the IBA Arbitration Committee and co-editor of the IBA International Arbitration Guide since March 2017 and is a member of the ICC Arbitration and ADR Committee. In July 2020 she was appointed to chair the board of the arbitration Center of Concórdia. Previously she was one of the co-chairs for CEA-40 and APASub40, having also sat on the board of the Arbitration Centre of the Portuguese Chamber of Commerce and Industry (2012 – 2019).
Sofia represents clients in a wide range of civil, commercial and investment disputes, ranging from construction to energy, in Portugal and abroad, also acting as arbitrator, both in domestic and international disputes.
Sofia is a member of the ROAP Steering Committee and was part of the faculty for the inaugural ROAP edition in 2020.
In episode 2 of the sixth season of TagTime, Michael McIlwrath discussed “The Rise of the CMC II” with hosts Dr Kabir Duggal and Amanda Lee. Michael McIlwrath was tagged by Crenguta Leaua. He in turn tagged Carita Wallgren-Lindholm.
Michael McIlwrath
Michael has conducted mediations and arbitrations around the world under the rules of the leading international and regional institutions as well as domestic and international ad hoc procedures.
Michael spent 22 years as in-house counsel leading dispute resolution teams, most recently as Vice-President of Litigation for Baker Hughes, an energy technology company. Prior to that he was Global Chief Litigation Counsel for GE Oil & Gas, and General Electric’s lead litigation lawyer for Europe. His experience spans the range of disputes arising in technology and services industries, including oil & gas, renewable energy, transportation infrastructure, environmental, healthcare, M&A, and intellectual property.
In episode 3 of the sixth season of TagTime, Gisela Knuts on “Drafting the award – dos and don’ts” with hosts Dr Kabir Duggal and Amanda Lee. Gisela Knuts was tagged by Sofia Martins. She in turn tagged Christopher Boog.
Gisela Knuts
Gisela is specialized in commercial dispute resolution, including international and domestic arbitration, complex cross-border litigation, and ADR. She also acts as counsel in white collar crime matters. The main part of Gisela’s practice focuses on counsel work in commercial disputes. She has acted as lead counsel and advised clients in multi-million euro disputes in various fields.
Further to her counsel work, Gisela also regularly sits as arbitrator in international commercial arbitrations mainly seated in the Nordic region and continental Europe. Her arbitrator experience comprises of more than thirty cases, most of which as chair or sole arbitrator.
In episode 4 of the sixth season of TagTime, Carita Wallgren-Lindholm on “Are we as arbitrators listening for real?” with hosts Dr Kabir Duggal and Amanda Lee. Carita Wallgren-Lindholm was tagged by Michael McIlwrath. She in turn tagged Olena Perepelynska.
Carita Wallgren-Lindholm
As from 2012 Carita Wallgren-Lindholm’s practice almost exclusively consists in arbitrator appointments mainly outside of Finland and primarily in commercial arbitration, although she has experience also from investment disputes. She is a trained mediator. Carita has been involved in more than 120 international arbitrations, institutional and ad hoc, mainly as arbitrator and mostly as chair. Institutions and rules include SCC, ICC, FAI, LCIA, JCAA, DIA, PCA, ICSID, UNCITRAL and NAFTA, and seats Austria, Denmark, Finland, Germany, Iceland, Japan, the Netherlands, Sweden, Switzerland, the UK and Washington DC.
Carita commenced her legal practice in international arbitration in Paris in 1980 and received her first arbitral appointments in the early nineties. Carita was the Chair of the ICC Commission on Arbitration and ADR 2018-2021. She has been a member of the ICC International Court of Arbitration (2012-2018). As from February 2019 she serves on the ICSID Panel of Arbitrators having been on its Panel of Conciliators during 2007-2018. Since December 2015 Carita is an advisor to the Atlanta Center for Arbitration and Mediation (ACIAM) at Georgia State University, USA. She is a member of the Editorial Board of Global Arbitration Review (GAR) since its foundation. Carita Wallgren-Lindholm is inter alia ranked as a leading individual in Chambers Europe and Global (Most in Demand Arbitrators) and recognized by Who’s Who Legal as one of the Thought Leaders in Arbitration.
In episode 5 of the sixth season of TagTime, Dr. Christopher Boog on “Enforcement of Interim Measures: Theory and Recent Practice” with hosts Dr Kabir Duggal and Amanda Lee. Dr. Christopher Boog was tagged by Gisela Knuts.
Dr. Christopher Boog is Vice-Chair of the International Arbitration Practice Group at Schellenberg Wittmer and the Managing Director of the firm’s Singapore office. He splits his time between Zurich and Singapore. He is also a Vice-President of the Court of the Swiss Arbitration Centre.
Chris represents clients in complex international commercial, investment and sports arbitrations, and sits as arbitrator in civil and common law jurisdictions around the world under all leading arbitration rules. Chris is ranked as one of a small number of Global Elite Thought Leaders by Who’s Who Legal Arbitration recognizing lawyers “at the peak of the profession“. He was the 2020 recipient of the ASA Prize for Advocacy in International Commercial Arbitration, awarded every two years to international arbitration counsel to recognize exceptional advocacy.
In the final episode of the sixth season of TagTime, Olena Perepelynska discussed “State immunity concept: time to tailor exceptions to new reality” with hosts Dr Kabir Duggal and Amanda Lee. Olena Perepelynska was tagged by Carita Wallgren-Lindholm.
Olena Perepelynska is a Partner and Head of Arbitration at INTEGRITES law firm in Kyiv, Ukraine.
She has acted as counsel in about 90 international arbitrations under various rules, including ICC, LCIA, SCC, DIS, ICAC and MAC at UCCI, GAFTA, FOSFA, LMAA, UNCITRAL and Swiss Rules. She has also served as arbitrator in more than 70 arbitrations seated in Almaty, Bishkek, Kyiv, London, Minsk, Paris, Vienna and Stockholm.
Olena serves as President of the Ukrainian Arbitration Association, Member of the ICC International Court of Arbitration, Vice President of the ICC Ukraine, head of ADR committee of the Ukrainian National Bar Association and Member of the Global Steering Committee of the ERA-PLEDGE.
She is a Fellow of the Chartered Institute of Arbitrators and member of its the Approved Faculty List. Olena is also editorial board member the ICC Dispute Resolution Bulletin
More information here.
In this first Episode of TagTime Season 5, Anneliese Day QC discussed “Is there a place for remote hearings in a post pandemic world? The challenges and opportunities” with hosts Dr Kabir Duggal and Amanda Lee. The recording is available here. Anneliese Day QC was tagged by Anna-Joubin Bret. She in turn tagged Erin Miller Rankin.
Anneliese Day QC is a “leading lawyer of her generation” and a “standout genius” who is frequently instructed in high-value and complex cases both nationally and internationally. She is ranked both as a Leading Silk in six practice areas in the legal directories (commercial litigation, international arbitration, professional negligence, energy, construction and insurance/reinsurance) and as an Arbitrator. She was recently described as “an absolute Rockstar at the top of her game”, who operates at the highest level in her areas of expertise dealing with courts and tribunals as both Lead Counsel and Arbitrator not only in the UK but also in Asia Pacific, the Middle East and the Caribbean (including the DIFC and the SICC). She also regularly appears at appellate level. She is known for being a “charming, intelligent and ruthlessly brilliant advocate”, “stupendously talented” and a “good leader for the 21st century”. In 2020, Anneliese was named ‘International Arbitration Silk of the Year’ at the Chambers Bar Awards where she was also shortlisted as ‘Professional Negligence Silk of the Year’. She has previously been named ‘Construction and Energy Silk of the Year’ three times, ‘Barrister of the Year’ in 2014 by The Lawyer and one of the 500 most influential people in the UK by Debretts. She is a fellow of the Chartered Institute of Arbitrators.
In episode 2 of the fifth season of TagTime, Professor Eduardo Zuleta discussed “The Constitution and Arbitration: A Shield or a Sword?” with hosts Dr Kabir Duggal and Amanda Lee. The recording is available here. Professor Eduardo Zuleta was tagged by Chiann Bao. He, in turn, tagged Christopher Harris..
Professor Eduardo Zuleta focuses his practice in national and international arbitration, international litigation, public international law and private international law. Throughout his career he has participated in more than 40 arbitration proceedings, acting as arbitrator and counsel. He is vice president of the International Court of Arbitration of the ICC, member of the list of arbitrators of the ICSID appointed by the Government of Colombia (previously appointed by the President of the Administrative Council), and member of the Arbitration and Conciliation Center of the Chamber of Commerce of Bogota, as well as several arbitration centers of America, Europe and Asia.
In episode 3 of the fifth season of TagTime, Erin Miller Rankin discussed “Culture and Conflict: Convergence in International Arbitration?” with hosts Dr Kabir Duggal and Amanda Lee. There recording is available here. Erin Miller Rankin was tagged by Anneliese Day QC. She, in turn, tagged Reza Mohtashami.
Erin Miller Rankin is a partner at Freshfields Bruckhaus Deringer LLP, leading the Global Projects Disputes Practice. She works with a team of specialist practitioners that work across the world supporting our clients on their major capital projects, with a particular focus on emerging markets. Erin is co-editor of Dealing with Delay and Disruption on Construction Projects published by Sweet and Maxwell. She has specific expertise of complex international arbitrations in the oil and gas, power, mining, technology and transportation sectors. Erin is admitted as an associate of the Chartered Institute of Arbitrators and sits as an arbitrator on projects-related disputes.
In episode 4 of the fifth season of TagTime, Christopher Harris QC discussed “The Enforcement of Awards Against States” with hosts Dr Kabir Duggal and Amanda Lee. The recording is available here. Christopher Harris QC was tagged by Eduardo Zulata. He, in turn, tagged Swee Yen Koh SC.
Christopher Harris QC is an English-qualified barrister and Queen’s Counsel. He is an experienced trial advocate and arbitrator and is ranked as a leading practitioner for (inter alia) international arbitration, public international law, commercial dispute resolution, banking and finance and energy disputes, as well as a leading arbitrator, by Chambers & Partners, Legal 500, and Who’s Who Legal. In 2020, Christopher was designated by the British Government to the ICSID Panels of Arbitrators and Conciliators and in 2021 he was appointed the UK representative on the ICC Court of Arbitration.
Alongside his substantial court practice before the English, BVI and DIFC courts, Christopher is especially known for his expertise in investment arbitration and has been counsel in more than twenty such disputes. Christopher has developed a particular reputation in relation to the enforcement of arbitration awards, especially where States are involved, and the defence of such proceedings, having acted in cases including Gold Reserve v Venezuela, Stati v Kazakhstan, Yukos v Russia, Flemingo v Poland and Broadsheet v Pakistan. Christopher is also one of the very few English counsel to have acted in ICSID enforcement proceedings before the English courts.
In episode 5 of the fifth season of TagTime, Swee Yen Koh SC discussed “Of ‘group of company’ and ‘single economic entity’ – when, and to what extent, should a non-signatory be bound to arbitrate?” with hosts Dr Kabir Duggal and Amanda Lee. The recording is available here. Swee Yen Koh SC was tagged by Christopher Harris QC. She, in turn, tagged Jose Daniel Amado.
Swee Yen Koh SC is a Partner in the Commercial & Corporate Disputes and International Arbitration Practices at WongPartnership LLP.
She has an active practice as counsel, with a particular focus on complex, high-value and cross-border disputes across a wide spectrum of matters from commercial, energy, international sales, trade, transport, technology to investment. She regularly appears before the High Court and Court of Appeal and in international arbitrations under the major institutional rules, including ICSID, ICC, ICDR, LCIA, SIAC and UNCITRAL.
Swee Yen was the former Vice-Chair of the IBA Arbitration Committee. She is currently the Vice-Chair of the IPBA Dispute Resolution and Arbitration Committee, and a member of the Editorial Board of the ICC Dispute Resolution Bulletin and the ICCA-ASIL Task Force on Damages. Swee Yen has also been appointed to the Executive Committee of the Foundation for International Arbitration Advocacy.
Swee Yen is highly recommended for her expertise in resolving complex international disputes by various legal publications including The Legal 500, Chambers Asia-Pacific, Chambers Global, Benchmark Litigation Asia-Pacific and Who’s Who Legal: Arbitration. Described as being “in a league of her own”, with a “very deep understanding of the law” and “razor-sharp” in her advocacy, she is regarded as the “go-to disputes lawyer in Singapore“, who “always brings her A-game to everything she does and someone you want in your corner in a life or death situation”.
Swee Yen is a member of the ROAP Steering Committee and was part of the faculty for the first ROAP Asia edition in 2021.
In episode 6 of the fifth season of TagTime, Jose Daniel Amado discussed “10 Reasons Why International Arbitration is Truly International” with hosts Dr Kabir Duggal and Amanda Lee. The recording is available here. Jose Daniel Amado was tagged by Swee Yen Koh. He, in turn, tagged Valeria Galindez.
Jose Daniel Amado is the founding partner of Miranda & Amado in Lima, Peru. Mr Amado graduated with greatest honors from the Pontificia Universidad Católica del Peru, where he has taught domestic and international arbitration for the last two decades. He holds an LLM from Harvard University, where was awarded the Laylin Prize of international law. As counsel, Mr Amado has participated in many of the largest business transactions and commercial and investment disputes involving Peru in the last few decades. In 2009, Latin Lawyer magazine named Mr Amado as its Law Firm Leader of the Year. Mr Amado has also served in various capacities within the Government of Peru, including as deputy to the prime minister and chief of advisors to the council of ministers. Mr Amado regularly sits as an arbitrator in Peru and other venues, and has been a member of the Court of Arbitration of the Lima Chamber of Commerce. In recent years, Mr Amado has been a Visiting Fellow and a Visiting Scholar at the Lauterpacht Centre of International Law and the University of Cambridge’s Centre for Latin American studies. His recent publications include Arbitrating the Conduct of International Investors (Cambridge University Press, 2018). Mr Amado is also a Delos board member.
In episode 7 of the fifth season of TagTime, Valeria Galíndez discussed “The arbitrator’s duty of disclosure and arbitration legitimacy” with hosts Dr Kabir Duggal and Amanda Lee. The recording is available here. Valeria Galíndez was tagged by Jose Daniel Amado. She, in turn, tagged Deva Villanúa Gómez.
Valeria Galíndez, a dual national of Brazil and Argentina, has focused her practice on arbitration since 2001. She founded Galíndez Arb in 2019, after having worked in some of the most prestigious Brazilian and international firms in Paris, Rio de Janeiro and São Paulo. Valeria has acted as counsel in more than 50 cases and as arbitrator in over 65 proceedings. She has been particularly active in commercial cases involving construction, energy (including eolic and solar energy), joint ventures and corporate acquisition matters. Valeria has also been acting as arbitrator in investment cases administered by ICSID and the PCA.
Since 2009, Valeria has been consistently recognized as one of the most notable practitioners in Latin America (Chambers Global and Who’s Who Legal). In 2021, she was the sole Latin American female ranked as “Most in Demand Arbitrators” in the region by Chambers Global.
Valeria is the current Senior Vice-Chair of the Arbitration Committee of the International Bar Association. She is also a member of the ICC Latin American Arbitration Group; the Board of Editors of the ICC Bulletin in Dispute Resolution; and the ICC Task Force on “Addressing Issues of Corruption in International Arbitration”. Valeria is also a Delos board member.
Valeria speaks Portuguese, Spanish, English and French.
In episode 8 of the fifth season of TagTime, Deva Villanúa Gómez discussed “Sales season: arbitration cheapens investment!” with hosts Dr Kabir Duggal and Amanda Lee. The recording is available here. Deva Villanúa Gómez was tagged by Valeria Galindez. She, in turn, tagged Crenguta Leaua.
Deva Villanúa, she has been an arbitrator in Armesto & Asociados since 2002, a boutique of arbitrators with an international, independent profile and a good business sense.
Deva Villanúa has been designated President of the Arbitral Tribunal, Emergency Arbitrator, sole Arbitrator and as party-appointed arbitrator in more than 50 commercial cases; she has also acted as Secretary to the Arbitral Tribunal in more than 30 commercial arbitrations. In investment arbitrations she has been appointed co-arbitrator in three cases, President in four cases and she has been appointed to two annulment committees (one as President); she has also had an active involvement as assistant in more than 15 investment arbitrations.
Since 2018 Deva is Vice-president of the ICC Court of Arbitration.
Additionally, Deva is listed on ICSID’s Panel of Arbitrators.
In episode 9 of the fifth season of TagTime, Reza Mohtashami QC discussed “The three standards that should underpin the presentation of expert evidence in international arbitration“, with hosts Dr Kabir Duggal and Amanda Lee. The recording is available here. Reza Mohtashami QC was tagged by Erin Miller Rankin. He, in turn, tagged Sofia Martins.
Reza Mohtashami QC is a partner in the London office of Three Crowns. He has represented clients as counsel and advocate in more than 80 arbitrations conducted under a variety of arbitration rules in many different jurisdictions. Reza has particular expertise in disputes arising in emerging markets with a focus on the telecoms, energy and infrastructure sectors. Prior to Three Crowns he worked in the arbitration practice of a leading international arbitration firm where he established and led the firm’s global arbitration practice in the Middle East. Reza is a Vice-Chair of the IBA Arbitration Committee, trustee of the DIFC-LCIA Arbitration Centre, a trustee of the BCDR-AAA, and editorial board member of the ICC Dispute Resolution Bulletin and Global Arbitration Review. He is the immediate past president of the LCIA Arab Users’ Council. Reza is a qualified English solicitor-advocate and was appointed Queen’s Counsel in recognition of his advocacy skills in 2018. He is recognised as a Thought Leader in arbitration by Who Who’s Legal with Chambers and Partners describing him as “very capable, intelligent and hard-working” and the “real deal.” He speaks English, French and Farsi.
In episode 10 of the fifth season of TagTime, Dr Crenguta Leaua discussed “Arbitration for the metaverse and blockchain – related disputes”, with hosts Dr Kabir Duggal and Amanda Lee. The recording is available here. Dr Crenguta Leaua was tagged by Deva Villanúa Gómez. She, in turn, tagged Michael McIlwrath.
Dr Crenguta Leaua,
She is an experienced arbitrator, acting frequently in arbitrations under the ICC rules or the UNCITRAL Rules. She is also listed as arbitrator by the WIPO list of neutrals for intellectual property disputes and by various institutions in Austria (VIAC), Romania, Bulgaria, Moldova, Poland, Slovenia, Kuala Lumpur, Shanghai and Beijing (CIETAC – both on the list for commercial cases and the list for investment arbitration under Belt & Road). She is a member of the London Court of International Arbitration (LCIA), of the International Council of Commercia Arbitration (ICCA), of the Swiss Arbitration Association ( ASA) and of the International Bar Association (IBA) Arbitration Committee. She is past Vice- President of the ICC International Court of Arbitration and a member of the ICC Commission on Arbitration as well as of a number of its task forces, including the task force on climate change and arbitration and the task force on construction law and arbitration. Since 2017, she is named as Thought Leader in International Arbitration by the Who’s Who Legal.
Crenguta also acts as counsel in commercial arbitral proceedings under the ICSID rules, as well as in commercial arbitration under the rules of ICC, WIPO and of other arbitral institution or under UNCITRAL rules. She is a founding partner of “Leaua Damcali Deaconu Paunescu – LDDP” Law firm in Bucharest, Romania, a firm included in top 100 law firms specializing arbitration worldwide (GAR100 – Global Arbitration Review).
Her experience in technology- related legal work include: software development (including blockchain technology and cryptocurrency), internet law, intellectual property law (copyrights, trademarks, patents and R&D), aviation law, construction law, energy law, mining ( both mineral resources and oil & gas), environmental law. Examples of notable cases of arbitrations and ADR include a dispute on the development and implementation of the software used by the judiciary system in Romania, a number of disputes on the rehabilitation design and works of the largest hydro-powerplant on Danube river, a dispute on the design of the masterplan for the national integrated transportation system of Romania and a complex dispute of over 4,7 billion USD comprising environmental law issues and state of the art technologies for a gold mine exploitation.
She is author or co-author of 5 books and over 50 articles on topics such as international arbitration, intellectual property, construction law, commercial law, corporate law.
Crenguta holds a Ph.D. from Bucharest University and has completed an executive education program at Harvard University and a further education program in the field of blockchain and cryptocurrency at the London School of Economics. She is a Visiting Associate Professor at the Bucharest University Faculty of Law, teaching International Comparative Arbitration and Construction Arbitration and an Associate Professor of Business Law and EU Law at the Bucharest University of Economics. She was a visiting scholar at Columbia Law School in New York and was invited for lectures on arbitration-related topics by professors or students’ arbitration associations at a number of universities including Science Po, Georgetown University, Columbia University, Washburn University.
She is fluent in Romanian, English and French, has a good command of Italian and basic knowledge of German and Spanish.
In this first Episode of TagTime Season 4, Prof. Beata Gessel-Kalinowska discussed “Application of Substantive Law in International Arbitration – the Limits of Tribunals’ Discretionary Powers” with hosts Dr Kabir Duggal and Amanda Lee. The recording is available here. Prof. Beata Gessel-Kalinowska was tagged by Annette Magnusson; she, in turn, tagged Bart Legum.
Prof. Beata Gessel-Kalinowska is an expert in arbitration, merger and acquisition transactions and private equity / venture capital and corporate law. As of 1995, arbitration has been an important element in Beata’s professional practice. She has built up comprehensive experience in ADR, participating – whether as arbitrator, counsel, or expert – in approximately 100 arbitration cases, domestic as well as international (conducted according to rules including those of the ICC, UNCITRAL, FCC, IAA, SCAI, Lewiatan, Polish National Chamber of Commerce and the National Depository for Securities). Majority of the arbitral proceeding she has been involved in concerned, however was not limited to, M&A transactions and construction law (including FIDIC regulations). Between 2011 and 2017, served as President of the Lewiatan Arbitration Court; upon leaving this position, she was appointed Honorary President. She is an alternate member of the of ICC International Arbitration Court (2015). Beata Gessel is also an adjunct professor in commercial arbitration as well as M&A transactions at the Cardinal Stefan Wyszynski University. In 2015/2016 she ran comparative law research on breach of M&A transactions as a visiting academic at Oxford University Law Department and in 2016/2017 continued her research at the Cambridge University Law Department within the Herbert Smith Freehills Visiting Professor Scheme. Member of the Polish Arbitration Association (at which she sits on the Audit Committee); also chairs the Audit Committee of the Polish Private Equity Association, an organisation assembling all the private equity funds active in Poland.
Angeline Welsh discussed “Two’s Company, Three’s a Crowd: What Are the Limits to Party autonomy in International Arbitration?” with hosts Dr Kabir Duggal and Amanda Lee. The recording is available here. Angeline Welsh was tagged by Prof. Meriam Nazih Al-Rashid; she, in turn, tagged Patrick Pearsall.
Angeline Welsh is a commercial litigator with over 15 years of experience and specific expertise in international arbitration. She has appeared (unled) before the English Commercial Court, the English Court of Appeal and conducted substantial advocacy before both commercial and investment treaty arbitral tribunals. She has also appeared (led) before the Supreme Court and the Privy Council, as well as various courts in the Caribbean. In addition, Angeline has substantial experience in handling cases involving issues of public law, constitutional law and human rights law and has sat as arbitrator in a significant number of arbitrations, either as sole, co- or presiding arbitrator. Angeline is called to the bars of England and Wales, Belize and the British Virgin Islands. Prior to becoming a barrister, she was Counsel and Solicitor Advocate with a major international law firm and consequently has a unique insight of the pressures and demands on instructing solicitors as well as significant experience of leading teams and strategy for large litigation cases. She has litigated a broad range of commercial disputes, including those in the energy, telecoms, financial, construction, manufacturing and shipping sectors, before the English courts, courts in the commonwealth and arbitral tribunals under the LCIA, HKIAC, ICC, ICSID, UNCITRAL and BVI IAC rules. In 2020, Angeline was recognised as a Global Leader for Arbitration by Who’s Who Legal, having been recommended for some time as both a Thought Leader and Leading Junior at the English Bar for arbitration. She is described in Chambers 2020 (UK and Global) as having an “impressive mastery of the details of the case and of technical legal arguments” as well as “[e]xtremely hands-on, approachable and a real team player.” Angeline was named as a ‘Star at the Bar’ by Legal Week in recognition of her “excellent judgement and leadership qualities” and not being frightened to tackle novel and difficult areas of law, or “to deal head-on with the more complicated aspects of a case”. Angeline currently serves as a co-chair of the IBA Arbitration Committee’s ESG Subcommittee, on the ICC UK Selections Subcommittee, on the Arbitration Committee of the Lagos Court of Arbitration and as a board member for the ALN Academy.
Bart Legum discussed “Enforcement of ICSID Convention Arbitration Awards: How to Fix a Broken System” with hosts Dr Kabir Duggal and Amanda Lee. The recording is available here. Bart Legum was tagged by Prof. Beata Gessel-Kalinowska; he, in turn, tagged Anna Joubin-Bret.
Bart Legum is a partner in Dentons’ Paris office and head of the firm’s investment treaty arbitration practice. Bart has over 30 years’ experience in litigating complex cases and has argued before numerous international arbitration tribunals, the International Court of Justice and a range of trial and appeals courts in the United States. His practice focuses on international arbitration in general and arbitration under investment treaties in particular. He is a Past Chair of the American Bar Association’s Section of International Law, an international bar organisation with over 24,000 members from over 90 countries around the world. Bart is a Member of the Board of the Arbitration Institute of the Stockholm Chamber of Commerce. In September 2017, the President of the World Bank appointed Bart to the ICSID roster of conciliators for investment disputes. Earlier in his career, Bart served as Chief of the NAFTA Arbitration Division in the Office of the Legal Adviser, United States Department of State. In that capacity, he acted as lead counsel for the United States Government in some of the first arbitrations under the investment chapter of the North American Free Trade Agreement (NAFTA). The United States won every case decided under his tenure. He is the editor of The Investment Treaty Arbitration Review (2nd ed. 2017), an annual publication of Law and Business Research. He also is a founding editor of International Litigation Strategies and Practice (1st ed. 2005; 2d ed. 2014), a book published by the American Bar Association. Bart is often published on international dispute resolution topics and frequently speaks at conferences on international arbitration and litigation.
Prof. Patrick Pearsall discussed “How Newness Enters Mainstream ISDS Practice: Reflections on the Role of the State” with hosts Dr Kabir Duggal and Amanda Lee. The recording is available here. Prof. Patrick Pearsall was tagged by Angeline Welsh; he, in turn, tagged Philippe Pinsolle.
Prof. Patrick Pearsall has extensive experience representing parties in international disputes and providing strategic advice on investments, particularly in the energy and extractive sectors. He served in the U.S. State Department for nearly a decade, working on natural resource diplomacy, and departed as the Chief of Investment Arbitration. Patrick has successfully resolved claims involving billions of dollars. He is often called upon to provide strategic counsel to parties when they face international disputes, including matters related to energy and natural resources, and has experience with nearly all of the major international commercial arbitration rules. He is a trusted adviser to Fortune 500 companies and governments alike.
Anna Joubin-Bret discussed “UNCITRAL’s Reform of Investor-State Dispute Settlement and Implications for International Arbitration” with hosts Dr Kabir Duggal and Amanda Lee. The recording is available here. Anna Joubin-Bret was tagged by Bart Legum; She, in turn, tagged Anneliese Day QC.
Mrs. Anna Joubin-Bret is the Secretary of the United Nations Commission on International Trade Law and Director of the Division on International Trade Law in the Office of Legal Affairs of the United Nations. She has been appointed on 24 November 2017. Prior to her appointment, Mrs. Joubin-Bret was a practicing Attorney-at-law of the Paris Bar. She specialized in International Investment Law and Investment Dispute Resolution. She focused on serving as counsel, arbitrator, mediator and conciliator in international investment disputes. She served as arbitrator in several ICSID, UNCITRAL and ICC disputes. Prior to 2011 and for 15 years, Anna was the Senior Legal Adviser for the United Nations Conference on Trade and Development (UNCTAD). In this capacity, she managed the research and advisory work on international investment law issues as well as the technical assistance program on international investment agreements (IIAs). During her tenure, Anna assisted countries and governments in the formulation of investment policies and frameworks and the management of investor-State disputes. Anna has edited and authored seminal research and publications on international commercial law and international investment law, notably the Sequels to UNCTAD IIA Series. She co-edited with Jean Kalicki a book on Reform of Investor-State Dispute Settlement in 2015. She lectured on international investment law in various universities and institutes all over the world. She holds a post-graduate degree (DEA) in Private International Law from the University of Paris I, Panthéon-Sorbonne, a Masters Degree in International Economic Law from the University Paris I, a Bachelors Degree of Arts in Political Science from the Institut d’Etudes Politiques and a Bachelors Degree of Arts in Private Law from the Université Jean Moulin (Lyon III). She has been Legal Counsel in the legal department of the Schneider Group, General Counsel of the formerly French KIS Group and Director-Export of Pomagalski S.A. She has been appointed judge at the Commercial Court in Grenoble (France) and was elected Regional Counsellor of the Rhône-Alpes Region in 1998.
Philippe Pinsolle discussed “When Interim Measures Can Be Outcome Decisive and Why?” with hosts Dr Kabir Duggal and Amanda Lee. Philippe Pinsolle was tagged by Patrick Pearsall. The recording is available here. He, in turn, tagged Chiann Bao.
Philippe Pinsolle is the head of international arbitration for continental Europe at Quinn Emanuel Urquhart & Sullivan. He has acted as counsel in more than 270 international arbitrations, with a particular focus on Investor-State arbitrations and commercial disputes involving the energy, power, oil & gas, construction and defense industries. He has been involved in arbitrations under the auspices of virtually all major arbitration institutions including the ICC, the LCIA, the ICSID, the SCC, the AAA, the ICDR, the Swiss Chambers of Commerce, the AFA, as well as in ad hoc cases under the UNCITRAL rules or otherwise. Philippe Pinsolle has also served as arbitrator in more than 55 cases, as well as expert witness on arbitration and French law issues.
Chiann Bao discussed “Jura Novit Arbiter” with hosts Dr Kabir Duggal and Amanda Lee. The recording is available here. Chiann Bao was tagged by Philippe Pinsolle and she, in turn, tagged Eduardo Zuleta.
Chiann Bao is an Honorary Senior Fellow at BIICL. She practises as an independent arbitrator and mediator and has previously practice as counsel at international law firms in Hong Kong and New York. Chiann is a Vice President of the International Chamber of Commerce, Court of Arbitration and Chair of the ICC Commission Task Force on ADR. Between 2010 and 2018, she served as Secretary General and then Council Member of the Hong Kong International Arbitration Centre. In these institutional roles, Chiann has advised governments on drafting arbitration legislation, local dispute resolution policies and strategies for promoting arbitration and mediation. She is currently working with several arbitration institutions with the establishment of their arbitration rules. Chiann regularly speaks and writes on the topic of international arbitration and dispute resolution and was the MC of the Delos webinar series, ‘In Conversation with Neil‘.
In this first Episode of TagTime Season 3, Matthew Gearing QC discussed “Appeals on Questions of Law – Worth the Trouble?” with hosts Dr Kabir Duggal and Amanda Lee. The recording is available here. Matt was tagged by Catherine Amirfar; he in turn tagged Yoshimi Ohara.
Matthew Gearing QC is a partner in Allen & Overy’s Global Arbitration group. He is widely regarded as a leading arbitration practitioner; in particular he was appointed Queen’s Counsel (England & Wales) in February 2014. Matthew has acted in many complex and high-profile arbitrations around the world, both commercial arbitrations and investment treaty arbitrations. His experience includes arbitrations under the ICC, UNCITRAL, SIAC, HKIAC, KLRCA, SCC, LCIA and ICSID Rules.
Matthew was Chairperson of the Hong Kong International Arbitration Centre from 2017 to 2020. In addition, he is a past Co-Chair of the LCIA Young International Arbitration Group. He is on the HKIAC, SIAC and KLRCA panel of arbitrators. He is also on Prime Finance’s panel of Dispute Resolution experts.
Julie Bédard discussed “Who Decides: Courts or Tribunals? Arbitrability in International Arbitration” with Dr Kabir Duggal and Amanda Lee. The recording is available here. Julie was tagged by Prof. Pierre Tercier; she in turn tagged Ndanga Kamau.
Julie Bédard is head of Skadden’s International Litigation and Arbitration Group for the Americas. She is a member of Skadden’s Policy Committee, the firm’s governing body. Fluent in French, Spanish and Portuguese, Ms. Bédard practices in four languages in complex international litigation and arbitration matters.
Trained in both civil and common law, Ms. Bédard represents clients in federal and state courts in the US and has served as counsel in various international arbitration proceedings. She frequently counsels management and supervisory boards in corporate governance, internal investigations and U.S. Foreign Corrupt Practices Act matters. In 2020, Ms. Bédard was named as an arbitrator for the U.S.-Mexico-Canada Agreement’s dispute settlement mechanism. She is a member of the Court of Arbitration of the Singapore International Arbitration Centre.
Ndanga Kamau discussed “The State in International Arbitration: Immunity, Sovereignty & Other Salient Issues” with Dr Kabir Duggal and Amanda Lee. The recording is available here. Ndanga was tagged by Julie Bédard; she in turn tagged Prof. Maxi Scherer.
Ndanga Kamau is an international lawyer specialising in international dispute settlement, public international law, and private international law. She sits as an arbitrator in institutional and ad hoc arbitrations, and represents clients in international disputes. In addition to her representation work, Ndanga advises clients on dispute avoidance, risk mitigation, drafting dispute resolution clauses, and developing dispute resolution strategies.
Ndanga is Vice President of the ICC International Court of Arbitration, President of the ICC Africa Commission, a member of the IBA Arbitration Committee, a PRIME Finance Expert in Dispute Resolution, and a member of the Executive Committee of the Foundation for International Arbitration Advocacy (FIAA). She is also Director of Programmes of the African Association of International Law (AAIL), in which capacity she attends meetings of UNCITRAL WG III on Investor-State Dispute Settlement Reform.
Yoshimi Ohara discussed “When Arbitration Meets IP Disputes – Settling Global Patent Disputes in a Single Arbitration” with Dr Kabir Duggal and Amanda Lee. The recording is available here. Yoshimi was tagged by Matt Gearing QC; she in turn tagged Andrés Jana.
Yoshimi Ohara is a Partner at Nagashima Ohno & Tsunematsu. Her practice focuses on international arbitration, international complex litigation and mediation. She represents both domestic and foreign clients in international arbitration in various venues under the rules of the ICC, AAA/ICDR, SIAC and JCAA. With a strong corporate and IP background, she has extensive experience in dealing with disputes covering a wide range of subjects, including joint ventures, M&A, energy, construction, technology transfer, intellectual property, shipping, sales and distribution. Ms. Ohara also serves as an arbitrator in international arbitration. She has contributed to shaping soft law in international arbitration through IBA activities.
Andrés Jana discussed “Applying Substantive Law in International Arbitration: Is There a Case for Harmonization?” with Dr Kabir Duggal and Amanda Lee. The recording is available here. Andrés was tagged by Yoshimi Ohara, he in turn tagged Eduardo Damião Gonçalves.
Andrés Jana is a founding partner at Chilean law firm Bofill Mir & Alvarez Jana. Between 1996 and 1998 he was the Director of Legal Studies of the Central Bank of Chile. He obtained his LL.M. from Harvard University and graduated summa cum laude from the Law School of the Universidad de Chile.
He has vast experience as counsel, arbitrator and expert in international disputes involving commercial, investment and international public law issues, before the ICJ, ICSID, the ICC, the LCIA, the AAA, the SCC, the PCA, and several ad hoc tribunals; as well as domestic courts in different jurisdictions. Jana is the Chilean delegate before the United Nations Commission on International Trade Law, where he participated in the revision and adoption of the UNCITRAL arbitration rules (2010, the rules of transparency in arbitrations between investors and states (2013) and currently chairs the work of the WG on Expedited Arbitration.
Prof. Maxi Scherer discussed “An Arbitration Evergreen: What Is the Law Governing the Arbitration Agreement?” with hosts Dr Kabir Duggal and Amanda Lee. The recording is available here. Maxi was tagged by Ndanga Kamau; she in turn tagged Prof. Julian Lew QC.
Professor Maxi Scherer is Special Counsel at Wilmer Cutler Pickering Hale and Dorr LLP and regularly sits as arbitrator. She also holds the Chair for International Arbitration, Dispute Resolution and Energy Law at Queen Mary, University of London, and is Queen Mary’s Director of the Centre for Commercial Law Studies in Paris and of the LLM in Paris programme. Prof. Scherer further serves on the Delos Board of Advisors and acts as the General Editor of the Kluwer Journal of International Arbitration. She was previously Global Professor of Law at NYU Law School, Visiting Professor at SciencesPo Law School Paris and Adjunct Professor at the Georgetown Centre of Transnational Legal Studies.
Eduardo Damião Gonçalves discussed “M&A and Securities Disputes“ with hosts Dr Kabir Duggal and Amanda Lee. The recording is available here. Eduardo was tagged by Andrés Jana; he, in turn, tagged Sandra Gonzalez.
Eduardo Damião Gonçalves is a partner at Mattos Filho in São Paulo. He has experience as both a counsel and arbitrator in a wide variety of domestic and international arbitrations, having been involved in disputes administered under the International Chamber of Commerce (ICC), the United Nations Commission on International Trade Law (UNCITRAL) and Brazilian domestic rules. His practice involves complex arbitration disputes in a wide variety of industries, such as construction, insurance, information technology, telecommunications, energy, and oil and gas, among others. Mr. Gonçalves was also Chairman of the Brazilian Arbitration Committee (CBar) and currently serves as a Vice-Chair of the Americas Initiative of the Institute for Transnational Arbitration (ITA), and is a member of the ICC Latin American arbitration group, the ICC Arbitration Commission and the Board of the Federation of International Arbitration Advocacy (FIAA). He was also named among the top 45 arbitration experts under the age of 45 by Global Arbitration Review (GAR) in 2011.
Prof. Julian Lew QC discussed “What is the Role of Counsel in International Arbitration?“ with hosts Dr Kabir Duggal and Amanda Lee. The recording is available here. Prof. Lew was tagged by Prof. Maxi Scherer; he, in turn, tagged Prof. Patricia Shaughnessy.
Professor Julian Lew QC is a full-time arbitrator in international commercial and investment disputes. He has been involved with international arbitration for more than 40 years as an academic, counsel and arbitrator. Before 2005, Julian was a partner and, for some years, the head of the international arbitration practice group of Herbert Smith. He is Professor of International Arbitration and Head of the School of International Arbitration, Centre for Commercial Law Studies, Queen Mary University of London. He has held these positions since the School’s creation in 1985. Prof. Lew received the GAR Award for Best Prepared and Most Responsive Arbitrator in 2015.
Prof. Patricia Shaughnessy discussed “Settlement in Arbitration: the Changing Role of the Arbitrator” with hosts Dr Kabir Duggal and Amanda Lee. The recording is available here. Prof. Shaughnessy was tagged by Prof. Julian Lew; she, in turn, tagged Baiju Vasani.
Professor Patricia Shaughnessy created and directs the Master of International Commercial Arbitration Law Program (LLM) at Stockholm University, and teaches and researches in related fields. Patricia is the Vice-Chair of the Board of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), having served on its Board since 2006. She has been an active member of the SCC committees that have drafted the SCC Rules, including the new 2017 Rules. Recently she served as a government-appointed expert in the committee that proposed revisions to the Swedish Arbitration Act. She acts an arbitrator and expert in international cases, and as a consultant, she has led numerous projects related to commercial law and dispute resolution in a number of countries. She is a member of the Academic Council of the Institute of Transnational Arbitration Academic Council. Prior to her academic career, Patricia practiced law for ten years in a US firm, specialized in civil litigation. Following her doctoral studies, she served as a US Supreme Court Judicial Fellow, based at the Federal Judicial Center.
Sandra González discussed “Applying Substantive Law in International Arbitration: On the Way to Harmonization?” with Amanda Lee and Hafez Virjee. The recording is available here. Sandra González was tagged by Eduardo Damião Gonçalves; she, in turn, tagged Baiju Vasani.
Sandra González chairs FERRERE’s Dispute Resolution practice in its offices in Bolivia, Paraguay and Uruguay. She represents clients in a wide range of industries in commercial and investment arbitration under several arbitration rules and institutions. She has recently represented clients in construction, oil & gas, ports, mining and regulated markets cases. Sandra González also sits as arbitrator; she has arbitrated cases under different applicable laws, seats and institutions on infrastructure projects, M&A and construction.
Ms. González is Uruguay’s alternate member to the ICC Arbitration Court, a member of the Observatory on the Status of Arbitration of the Asociación Latinoamericana de Arbitraje (ALARB), vicechair of the Capítulo Rioplatense of the Spanish Arbitration Club (CEA) and founding member and member of the Executive Committee of WWA – Women Way in Arbitration LATAM. She chaired the Latin America Chapter of the International Section of the New York State Bar Association and was Uruguay’s representative to the membership committee of the International Section of the American Bar Association.
Sandra González was Deputy Director of law at ORT University (Uruguay) and teaches various university courses in arbitration and international law in Uruguay and abroad. She earned her law degree from the Facultad de Derecho de la Universidad de la República (Uruguay) and her LL.M. from Harvard Law School (USA).
She is the Co-Chair for the ROAP LatAm 2021 edition and a member of the ROAP Steering Committee.
Baiju Vasani discussed “Can BITs Apply to Disputed Territory?” with hosts Dr Kabir Duggal and Amanda Lee. The recording is available here. Baiju Vasani was tagged by Prof. Patricia Shaughnessy; he, in turn, tagged Prof. Meriam Nazih Al-Rashid.
Baiju Vasani is an international arbitration lawyer and arbitrator based in London and Moscow. For the last two decades, Baiju has served as advocate or arbitrator in dozens of high-value international arbitrations across a range of sectors and industries involving ICSID, UNCITRAL, ICC, LCIA, ICDR, SIAC, BITs, the Energy Charter Treaty, and public international law. He has also advised states on the negotiation and drafting of investment treaties, and investors on the (re)structuring of their investments for maximum treaty protection consonant with tax and corporate governance strategies. Baiju is a Senior Fellow of SOAS, University of London and a Fellow of the Chartered Institute of Arbitrators, and on the arbitrator panels of various institutions worldwide, including ICSID. He previously served as an adjunct professor of law at Georgetown University and has given visiting lectures at, among other universities, Harvard, Northwestern, Columbia, and Bedfordshire.
Annette Magnusson discussed “Substantive Issues at the Intersection of Climate Change and International Arbitration” with hosts Dr Kabir Duggal and Amanda Lee. The recording is available here. Annette Magnusson was tagged by Sandra González; she, in turn, tagged Beata Gessel.
Annette Magnusson is the Co-Founder of Climate Change Counsel. Annette’s background is in leadership, innovation and policy advocacy. She was Secretary General of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) between 2010 and 2021 and has more than 20 years’ experience of international law, including from global law firms. She is the founder of the crowdsourcing initiative Stockholm Treaty Lab, which seeks to use international law to promote green investments, and was shortlisted for the Financial Times Innovative Lawyers Award in 2017. Annette is a frequent speaker on arbitration and climate change, and has been listed as a Thought Leader and Global Leader in Who’s Who Legal, and “a thought leader and global star” by Global Arbitration Review. Annette also accepts appointments to sit as an arbitrator.
Prof. Meriam Nazih Al-Rashid discussed “Can Foreign Investors Bring Claims Against a State for Violations of a BIT or MIT Where a State Has Failed to Act to Prevent Climate Change or Acted to Prevent Climate Change?” with hosts Dr Kabir Duggal and Amanda Lee. The recording is available here. Prof. Meriam Nazih Al-Rashid was tagged by Baiju Vasani; she, in turn, tagged Angeline Welsh.
Meriam Nazih Al-Rashid represents and advises clients on complex international disputes with a focus on public international law including issues related to human rights, international investment arbitration, international commercial arbitration, and foreign investor risk management. Praised by Chambers as a “standout lawyer” and “formidable litigator,” Meriam’s experience is vast across sectors, regions and arbitral institutions. Clients also report to Chambers that she is a “strong lawyer who is well regarded and very smart,” specifically “very meticulous, [with] outstanding drafting skills and is well organized”. Meriam has served as counsel in disputes and transactions involving parties from across the globe, including the Americas, the Middle East, Africa, Asia, Europe and Oceania. Meriam’s her practice covers various industries, including mining, mineral resources, infrastructure, oil and gas, civil engineering, textiles hospitality and real estate. Her experience includes participation in arbitrations before the International Centre for the Settlement of Investment Disputes (ICSID), International Court of Justice (ICJ), Permanent Court of Arbitration (PCA) at The Hague, International Centre for Dispute Resolution (ICDR), London Court of International Arbitration (LCIA), United Nations Commission on International Trade Law (UNCITRAL), and International Chamber of Commerce (ICC).
Samaa Haridi discussed “Legal Privilege in International Commercial Arbitration” with Dr Kabir Duggal and Amanda Lee. The recording is available here. She was tagged by Yemi Candide-Johnson SAN; she in turn tagged Amb. (r.) David Huebner.
Samaa A. Haridi is a common and civil law trained, trilingual partner in the International Arbitration Group of Hogan Lovells. Ms. Haridi has significant experience representing corporations and financial institutions from various parts of the world, and represents parties in international commercial and investment arbitration proceedings under the arbitration rules of all the major arbitral institutions. Ms. Haridi also frequently sits as an arbitrator in international commercial and investment disputes.
Ms. Haridi has been ranked by clients and peers in Chambers USA and Chambers Global for International Arbitration. She has been singled out by clients for her “brilliant,” “really, really phenomenal,” “no-nonsense and impressive” approach, and regularly handles commercial and investor-state arbitrations involving the Middle East with a “very good sense of diplomacy.” Sources also acknowledge her as being “hard-working and very entrepreneurial,” as well as a “unique practitioner with unique skills” who delivers “clear and intelligent arguments.” She is also recognized by The Legal 500, and by Who’s Who Legal: Thought Leaders – Arbitration 2020.
She is currently serving as an officer in a number of arbitral organizations, including as Court Member of the ICC International Court of Arbitration, representing Egypt, Senior Vice-Chair of the Arbitration Committee of the International Bar Association, Vice President of the LCIA Arab Users’ Council, and Advisory Committee Member of the Cairo Regional Centre for International Commercial Arbitration (CRCICA). Ms. Haridi also is a frequent speaker at conferences around the globe.
Born in Switzerland, Ms. Haridi grew up in Belgium, Egypt, Morocco, and France. She holds a Diplôme d’Etudes Approfondies in Private International Law and International Business Transactions from the University of Paris I (Sorbonne); and an LL.M. in Comparative Law from the University Of San Diego School Of Law, where she was a Sorbonne Scholar.
Ms. Haridi is a member of the bars of New York, California, and England & Wales. She is fluent in French and Arabic and is also conversant in Spanish.
Kevin Kim discussed “The Gangnam Principle in International Arbitration” with Dr Kabir Duggal and Amanda Lee. The recording is available here. He was tagged by Dr Michael Hwang SC; he in turn tagged Alvin Yeo SC.
Kap‐You (Kevin) Kim is a senior partner at Peter & Kim in Seoul. He was previously a senior partner at Bae, Kim & Lee LLC, where he worked for the past three decades in various roles, including as the co‐founder and head of the International Arbitration Practice and the head of the Domestic and International Disputes Group.
Over the past 30 years, Kevin has acted as counsel, presiding arbitrator, co-arbitrator or sole arbitrator in more than 300 cases of international arbitrations under various arbitration rules. Presently, he is involved in several investment and commercial arbitrations. Among other positions that he holds, Kevin is presently Vice President of the ICC International Court of Arbitration, Advisory Board Member of the International Council for Commercial Arbitration (ICCA) and Chairman of the Korean Commercial Arbitration Board’s (KCAB) International Arbitration Committee. In the past, Kevin has served as Secretary General of ICCA (2010–2014), member of the LCIA Court (2007–2012) and Vice Chair of the IBA Arbitration Committee (2008–2010).
Amb. (r.) David Huebner discussed “Existential Threat or Basic Hygiene: A Framework for Considering Greater Transparency in Commercial Arbitration” with Dr Kabir Duggal and Amanda Lee. The recording is available here. He was tagged by Samaa Haridi; he in turn tagged Prof. Nayla Comair-Obeid.
Ambassador (r.) David Huebner, C.Arb, FCIArbis an international arbitrator who has handled more than 200 arbitrations in three dozen jurisdictions around the world. He has particular expertise in technology, life sciences, telecom, new energy, infrastructure, and investment disputes, and the Silicon Valley Arbitration & Mediation Center has regularly named him to its “Tech List” of the “world’s most accomplished technology neutrals.” He sits on the panels of the principal international and regional commercial arbitration institutions and was appointed to the ICSID panel of arbitrators by President Obama.
His career has included serving as the U.S. Ambassador to New Zealand & Samoa, chairman & CEO of an international law firm, founding managing partner of law offices in Shanghai, special policy assistant to a parliamentarian in Japan’s National Diet, and chair of the California Law Revision Commission for two governors (Davis and Schwarzenegger).
He has a career-long commitment to inclusiveness and diversity, and CPR conferred on him its Outstanding Contribution to Diversity Award for 2020. Among other honors, his diplomatic passport and other artifacts were taken into the Smithsonian Institution’s permanent collection of American history, as the first openly LGBTQ person knowingly confirmed by the U.S. Senate to a senior diplomatic or national security position in the history of the Republic.
A graduate of Princeton University (summa cum laude) and Yale Law School, Amb. Huebner is a licensed solicitor in England & Wales, member of the Bars of California, New York, and DC, Fellow of the College of Commercial Arbitrators, Chartered Arbitrator and Fellow of the Chartered Institute of Arbitrators, and life member of the Council on Foreign Relations. He has lectured on international law, IP, and arbitration at universities in China, Germany, New Zealand, and the U.S. and is active in a wide range of professional organizations, including serving on the Chartered Institute of Arbitrators’ Board of Trustees as the Trustee for the Western Hemisphere.
Alvin Yeo SC discussed “Indirect Investments in Investor-State Dispute Settlement” with Dr Kabir Duggal and Amanda Lee. The recording is available here. He was tagged by Kevin Kim; he in turn tagged Dr Crina Baltag.
Alvin Yeo SC is the Chairman & Senior Partner of WongPartnership LLP. He was appointed Senior Counsel of the Supreme Court of Singapore in 2000 at the age of 37, the youngest ever to be so appointed. Alvin graduated from King’s College London, University of London, and was admitted to the English Bar (Gray’s Inn) in 1987 and the Singapore Bar in 1988. His main areas of practice are litigation and arbitration in banking, corporate/commercial, investment and infrastructure disputes. Alvin is a member of the Court of the SIAC, the ICC Commission and a fellow of the Asian Institute of Alternative Dispute Resolution, the Singapore Institute of Arbitrators and the Singapore Institute of Directors, and a former member of the LCIA Court and the IBA Arbitration Committee. He is also on the panel of arbitrators in various arbitral institutions, including the HKIAC, ICDR, KCAB, SCIETAC and the Singapore Institute of Arbitrators’ Panel for Sports in Singapore. Alvin is also appointed to the Governing Board of the Centre for International Law at the National University of Singapore.
Dr Crina Baltag discussed “Recoverability of In-House Counsel Costs in International Arbitration” with Dr Kabir Duggal and Amanda Lee. The recording is available here. She was tagged by Alvin Yeo SC; she in turn tagged Prof. Loukas Mistelis.
Dr Crina Baltag is Senior Lecturer in International Arbitration at Stockholm University and qualified attorney-at-law since 2004, with extensive practice in various aspects on international dispute resolution, private and public international law. She is member of the Stockholm Chamber of Commerce Arbitration Institute (SCC) Board. Crina’s publications include The Energy Charter Treaty: The Notion of Investor [Wolters Kluwer, 2012]; ICSID Convention after 50 Years: Unsettled Issues [Wolters Kluwer, 2017]; The Future of Investment Treaty Arbitration in the EU [co-editor, Wolters Kluwer, 2020] etc. and numerous publications in leading legal journals and reviews, including on the Denial of Benefits in Investment Law [co-author; Max Planck Encyclopaedia of International Procedural Law , Oxford University Press, 2019].
Dr Baltag is the editor of Kluwer Arbitration Blog, co-managing editor of ITA Arbitration Report and member of editorial boards of prestigious journals in the field, including of the Journal of International Arbitration. She has been appointed in numerous arbitrations, as sole arbitrator and co-arbitrator under the rules of the ICC, LCIA, SIAC, and CCIR-Romania. Crina holds a PhD degree in International Arbitration from Queen Mary University of London (UK), LL.M in International Commercial Arbitration Law from Stockholm University (Sweden), M.Sc. in International Business from Academy of Economic Studies (Romania), LL.B. from University of Bucharest (Romania).
Prof. Nayla Comair-Obeid discussed “Robust Arbitrators: How to Deal with Dilatory/ Guerilla Tactics During the Course of the Arbitral Proceedings” with Dr Kabir Duggal and Amanda Lee. The recording is available here. Prof. Comair-Obeid was tagged by Amb. (r.) David Huebner; she in turn tagged Larry Shore.
Professor Dr. Nayla Comair-Obeid is a founding partner of Obeid Law Firm and a head of the firm’s dispute resolution practice. Author of ‘The Law of Business Contracts in the Middle East’, Prof. Comair-Obeid is Professor at the Lebanese University, she publishes prolifically and is regularly invited to lecture at world-renowned academic institutions where her articles and scholarly publications are often cited as reference works.
Throughout her career, Prof. Comair-Obeid has held and continues to hold prominent positions in several major international arbitration institutions. Most recently, Prof. Comair-Obeid was elected as International Chamber of Commerce (ICC) Executive Board Member. Prior to this, she was appointed as a member of China’s International Commercial Expert Committee of the Supreme People’s Court in August 2018. Prof. Comair-Obeid is also a Member of the LCIA Court, Trustee of the Cairo Regional Centre for International Arbitration, Council Member of the Institute of World Business Law of the ICC and a Member of the ICSID panel of arbitrators and conciliators. Prof. Comair-Obeid was also appointed in 2018 as Companion for the Chartered Institute of Arbitrators (CIArb). She was elected President of the CIArb in 2017, after chairing its Board of Trustees in 2014. Prof. Comair-Obeid also served as Commissioner at the United Nations Compensation Commission in Geneva from 2002 to 2005.
A specialist in international business law and Islamic and Middle Eastern legislation, Prof. Comair-Obeid is admitted to the Beirut and Paris bar and she is an associate member of 3 Verulam Buildings (3VB). She regularly serves as counsel or arbitrator in complex international arbitrations conducted in Arabic, French, or English, both ad hoc and under a variety of international arbitration rules. Prof. Comair-Obeid is also often called upon as a legal expert on various aspects of Lebanese law and Middle Eastern legislations in foreign courts and arbitral proceedings. Prof. Comair-Obeid is referred to as “pre-eminent in her field” and a “leading authority in international arbitration” by international legal publications.
Prof. Loukas Mistelis discussed “The Role of Experts in Investment and Commercial Arbitration” with Dr Kabir Duggal and Amanda Lee. The recording is available here. Prof. Mistelis was tagged by Dr Crina Baltag; he in turn tagged Judge Joan Donoghue.
Prof. Loukas Mistelis is the Clive Schmitthoff professor of transnational law and arbitration; director of the Institute of Transnational Commercial Law, former director of the School of International Arbitration (2002–2019) at Queen Mary, University of London; and founding partner of Mistelis & Haddadin, an arbitration and commercial law consultancy. He is an acknowledged authority in dispute resolution and a high-profile arbitration academic and practitioner. He is listed in WWL: Arbitration (2006–) and The Legal 500 Arbitration Powerlist as a highly regarded individual.
Prof. Larry Shore discussed “Text, Context, and Justice: Contract Interpretation by Arbitrators” with Dr Kabir Duggal and Amanda Lee. The recording is available here. Larry Shore was tagged by Prof. Nayla Comair-Obeid; he in turn tagged Dr Stephan Wilske.
Prof. Larry Shore is the head of the BonelliErede international arbitration practice group. He is resident in the firm’s Milan, Italy, office. Previously, Larry was a partner at the Herbert Smith (London, New York City) and Gibson Dunn (New York City) law firms. He began his career in the law as a litigation associate at Williams & Connolly in Washington, D.C. He also worked as an attorney adviser in the U.S. Department of State’s Office of the Legal Adviser.
Larry’s law degree is from Emory University, where he was editor-in chief of the Emory Law Journal. He has a doctorate in American History from Johns Hopkins University and earned his undergraduate degree from the same university as Michael Jordan.
Larry has principally practiced in the international arbitration area since 1995. In addition to his work as counsel and arbitrator, he has taught as an adjunct lecturer at New York University School of Law and the Washington College of Law (American University, Washington, D.C.), and he was Chair of the New York City Bar’s International Law Committee from 2012-2014.
Among Larry’s publications in the arbitration field are his co-authorship of International Investment Arbitration: Substantive Principles (Oxford U. Press, 2d edition, 2017); and “Do Witness Statements Matter – And if so, How Can They Be Improved?“, in A.J. van den Berg, ed., Legitimacy: Myths, Realities, Challenges; ICCA Congress Series No.18 (Wolters Kluwer, 2015).
Judge Joan Donoghue discussed “Arbitrators as Flamingos of Many Colors” with Dr Kabir Duggal and Amanda Lee. The recording is available here. Judge Donoghue was tagged by Prof. Loukas Mistelis; she in turn tagged Judith Levine.
Judge Joan Donoghue has been a member of the International Court of Justice since 2010. She has also served on investor-state arbitral tribunals and ICSID annulment committees. Before joining the ICJ, Judge Donoghue held a number of positions at the United States Department of State, culminating in the role of Principal Deputy Legal Adviser, the senior career attorney at the State Department. While at the State Department, she supervised legal work related to the negotiation of investment treaties, as well as advocacy in the Iran-United States Claims Tribunal and North American Free Trade Agreement investor-state arbitration. Judge Donoghue has taught international law courses at several U.S. law schools and has taught investment law in the UN’s regional training program in Africa.
Judith Levine discussed “Arbitration in Absentia: How to Deal with Non-participation in International Disputes” with Dr Kabir Duggal and Amanda Lee. The video is available here. Judith was tagged by ICJ Judge Joan Donoghue; she in turn tagged Catherine Amirfar.
Judith Levine is an independent arbitrator with over 20 years of dispute resolution experience in the fields of public international law, foreign investment, and commercial contracts. She brings valuable insight from her work in both private practice and for public institutions.
Judith has acted as presiding arbitrator, sole arbitrator, and co-panellist in disputes at the International Chamber of Commerce, Singapore International Arbitration Centre and the Court of Arbitration for Sport. She is also a Vice President of the Australian Centre for International Commercial Arbitration, a member of the Commonwealth Secretariat Arbitral Tribunal, Australia’s National Sports Tribunal and the Disciplinary Board of the UN Special Tribunal for Lebanon.
Now based in Sydney, Judith worked for over a decade at the Permanent Court of Arbitration in The Hague where, as Senior Legal Counsel, she administered some of the world’s most complex interstate, investor-state and contract disputes, including the Abyei, South China Sea, Yukos and Bangladesh Accord arbitrations. She also represented the PCA at UN climate talks and UNCITRAL Working Groups. Prior to joining the PCA in 2008, Judith practised international arbitration at White & Case LLP in New York, representing sovereign States and private parties. Earlier in her career, Judith served with the International Court of Justice, the Australian Attorney-General, and the High Court of Australia.
Judith has written and presented widely on diverse issues in dispute resolution, including arbitral procedure, investment arbitration, public international law, ethics, climate law, and business and human rights.
A national of Australia and Ireland, Judith obtained her Master of Laws from New York University (on a Hauser Global Scholarship and Fulbright Award) and a combined Bachelor of Arts (with French Major) and Bachelor of Laws (with University Medal) from the University of New South Wales in Australia. Who’s Who Legal identifies Judith as a leader in international arbitration, recognising her reputation for being “very smart, extremely well organised” and having “excellent judgement”.
Dr Stephan Wilske discussed “The Phenomenon of the Ailing Arbitrator and Its Consequences” with Dr Kabir Duggal and Amanda Lee. The recording is available here. Stephan Wilske was tagged by Prof. Larry Shore; he in turn tagged Prof. Pierre Tercier.
Dr Stephan Wilske advises national and international clients on arbitration and cross-border litigation. He has acted in numerous arbitrations (national and international) with an emphasis on project-related disputes, post-M&A disputes, joint ventures, investment arbitrations and general commercial law.
Stephan studied at the Universities of Tübingen, Aix-en-Provence (Maîtrise en Droit 1986) and Chicago (LL.M.; Casper Platt Award 1996). He was admitted to the German bar in 1997 and has been a partner at Gleiss Lutz since 2002.
He was admitted in New York and in Germany in 1997, to the U.S. Court of Appeals for the Federal Circuit in 2007, to the U.S. Supreme Court in 2009 and to the U.S. Court of Appeals for the Second Circuit in 2010. Stephan has been an international advisor to the Korean Institute of Technology and the Law (KITAL) since 1999, Advisory Committee Member of the Swiss Arbitration Academy (SAA) since 2008, Senior Committee Member of the Contemporary Asia Arbitration Journal since 2009, International Correspondent (Germany) of the Revista Română de Arbitraj (Romanian Arbitration Review) since 2009 and a member of the Editorial Board of ARBITRATION – The International Journal of Arbitration, Mediation and Dispute Management (since 2018). He has also been a member of the SIAC Users Council since 2016. Stephan has been a lecturer at the University of Heidelberg since 2008 and at the University of Jena since 2015. In Spring 2010, he was a Visiting Professor at the National Taiwan University College of Law.
He is a Fellow of the Chartered Institute of Arbitrators (FCIArb) and of the Asian Institute of Alternative Dispute Resolution (AIADR), a member of the Expert Panel of Neutrals of the Mediation and Conciliation Network (MCN) India and of the American Law Institute (ALI). Since 2019, he is a Vice President of the CAAI Court of Arbitration and a member of the ICC Task Force “Addressing Issues of Corruption in International Arbitration”.
Prof. Pierre Tercier discussed “Inside the Black Box: What Happens During the Deliberations and the Drafting of an Award” with Dr Kabir Duggal and Amanda Lee. The recording is available here. Prof. Tercier was tagged by Dr Stephan Wilske; he in turn tagged Julie Bedard.
Prof. Pierre Tercier is a Professor emeritus at the University of Fribourg and Honorary President of the International Court of Arbitration of the ICC. He now works mainly as an independent arbitrator. For over a generation, Pierre Tercier has been one of the most respected legal scholars in the Switzerland. He has authored more than 250 legal writings, focusing on contract law and international arbitration, among which there are several treatises that have become instant classics.
Pierre Tercier has extensive experience in international arbitration, having chaired the ICC International Court of Arbitration and having served many times in ICC cases. He was also Chairman of the Swiss Commission on Competition, the Swiss Cartel Commission and the Swiss Insurance Law Society. Prof. Tercier has researched and taught law at many universities, including Cambridge University, Columbia Law School, the Max-Planck Institute for private international law in Hamburg and the Universities of Paris I (Panthéon-Sorbonne), Paris II (Panthéon-Assas) and Paris IV. He also has been Dean of Fribourg University Law School.
Catherine Amirfar discussed “Cybersecurity and International Arbitration: A Wake-up Call” with Dr Kabir Duggal and Amanda Lee. The recording is available here. Catherine was tagged by Judith Levine; she in turn tagged Matt Gearing QC.
Catherine Amirfaris Co-Chair of the Public International Law Group and sits as a member of the Firm’s Management Committee. She is the current President of the American Society of International Law (ASIL) and co-hosts a podcast, “International Law Behind the Headlines.” With over twenty years of litigation experience, Ms. Amirfar is recognized as a top practitioner in international disputes globally. Her practice focuses on international commercial and treaty arbitration, international litigation and public international law. She regularly represents states, international organizations, nongovernmental organizations, and multinational companies and appears in U.S. courts and before international courts and arbitration tribunals, including the International Court of Justice (ICJ).
Ms. Amirfar serves as a Member of the U.S. Department of State’s Advisory Committee on International Law, the Council on Foreign Relations, the Advisory Committees of the American Law Institute for the Restatement (Fourth) of Foreign Relations Law of the United States and for the Restatement of the U.S. Law of International Commercial Arbitration. She is a member of the Governing Board of the International Council for Commercial Arbitration (ICCA), the leading global organization of international arbitrators and arbitration practitioners, and serves as Co-Chair of the ICCA-ASIL Task Force on Damages in International Arbitration. She is also a member of the Court of Arbitration of the Singapore International Arbitration Centre and the International Centre for Dispute Resolution of the American Arbitration Association. From 2014 to 2016, Ms. Amirfar served as Counselor on International Law to the Legal Adviser at the U.S. Department of State in the Obama Administration, for which she received the State Department’s Superior Honor Award in recognition of her contributions to the Department.
In this final episode of Season 2 and of the year, Dr Kabir Duggal and Amanda Lee welcomed surprise guests Saadia Bhatty, Jonathan Lim, Mercy Okiro and Tafadzwa Pasipanodya, alongside Hafez Virjee, for a discussion of damages in international arbitration, renewable energy claims and the impact of Enka v Chubb on determination of the law governing arbitration agreements. The recording is available here.
Neil Kaplan CBE QC SBS discussed his approach to Procedural Order No. 1, with Amanda Lee and Hafez Virjee. The recording is available here. He tagged Professors Doug Jones AO and Janet Walker.
Neil Kaplan CBE QC SBS is a member of the Delos Board of Advisors. He has been a full-time practising arbitrator since 1995. He has been involved in several hundred arbitrations as arbitrator. Called to the Bar of England in 1965, Mr. Kaplan has practiced as a barrister, Principal Crown Counsel at the Hong Kong Attorney General’s Chambers, and served as a Judge of the Supreme Court of Hong Kong in charge of the Arbitration List. He was Chair of the Hong Kong International Arbitration Centre (HKIAC) for 13 years and President of the Chartered Institute of Arbitrators (CIArb) in 1999/2000. Since 2017 he has been the President of the Court of the Mauritius Chamber of Commerce and Industry Arbitration and Mediation Centre (MARC).
Prof. Doug Jones AO and Prof. Janet Walker discussed what comes after Procedural Order No. 1, i.e. "PO1 – The beginning or the end?", with Dr Kabir Duggal and Amanda Lee. The recording is available here. They were tagged by Neil Kaplan CBE QC SBS; they in turn tagged Sir Bernard Eder.
Prof. Doug Jones AO is a leading independent international commercial and investor-state arbitrator with over 40 years' prior experience as an international transactional and disputes project lawyer. Doug is a door tenant at Atkin Chambers London, an arbitrator member at Arbitration Place in Toronto, and has an office in Sydney. Doug is also an International Judge of the Singapore International Commercial Court (SICC). He has been involved in over 120 arbitrations spanning over 30 jurisdictions in disputes of values exceeding some billions $US. In addition, Doug has held appointments at several international professional associations, including as President of the Chartered Institute of Arbitrators (CIArb) and the Australian Centre for International Commercial Arbitration (ACICA).
Prof. Janet Walker is an independent arbitrator with chambers at Arbitration Place, Toronto; Int-Arb Arbitrators, London; and Sydney Arbitration Chambers, Australia. Janet has served as sole arbitrator, co-arbitrator and chair in ICC, ICDR, DIAC, HKIAC, KCAB and SIAC-administered, and in ad hoc arbitrations in a variety of seats. Her matters range from construction, M&A, shareholder, intellectual property, pharma and environmental. She has a good working knowledge of Spanish and French. Janet is professor of law (past associate dean) at Osgoode Hall Law School, a member of the Ontario Bar, and a licensed legal consultant of the New York State Bar. She authors Canada’s main text on private international law, cited in more than 350 judgments. She is chair-elect of ICC Canada.
Sir Bernard Eder discussed "Issue Estoppel under the New York Convention", with Dr Kabir Duggal and Amanda Lee. The recording is available here. Sir Bernard was tagged by Professors Doug Jones AO and Janet Walker; he in turn tagged Gourab Banerji SA.
Sir Bernard Eder is an international arbitrator/mediator based at 24 Lincoln’s Inn Fields, London. He previously practised as a barrister at Essex Court Chambers for almost 35 years – between 1976 and 2010 - specialising in commercial litigation and international arbitration. He was appointed Queen’s Counsel in 1991. During his practice at the English Bar, he acted as Counsel in over 100 reported cases (including in the Commercial Court, the Court of Appeal, the House of Lords and the Privy Council) and over 200 international arbitrations. In 2011, he was appointed a Judge of the High Court of England and Wales. He resigned from the Bench in April 2015. During that time, he sat mainly in the Commercial Court in London where he presided over a number of high-profile trials. In 2015, he was appointed an International Judge at the Singapore International Commercial Court (SICC). He was formerly Chair of ARIAS (UK). Over the years, he has been appointed as arbitrator in over 300 international arbitrations.
About the topic: the ability to enforce an award in different jurisdictions is an important part of the arbitral process. In that context, an important issue arises as to whether the decision of a Court in Country A as to the enforceability of an award under the New York Convention can give rise to an issue estoppel in Country B – and, if so, when. That issue has been considered in a number of cases in the English High Court including most recently (31 March 2020) in Carpatsky Petroleum Corp v PJSC Ukrnafta [2020] EWHC 769 (Comm). In this TagTime webinar, Sir Bernard Eder will review the English authorities (including his own earlier decision in Diag Human SE v Czech Republic [2014] EWHC 1639 (Comm)).
Meg Kinnear discussed "Tracking the Evolution of the ICSID Rules" with Dr Kabir Duggal and Amanda Lee. The recording is available here. Meg Kinnear tagged Dr Yas Banifatemi. This episode was also supported by the International Centre for Settlement of Investment Disputes (ICSID).
Meg Kinnear is a Vice President of the World Bank Group and the Secretary-General of the International Centre for Settlement of Investment Disputes (ICSID). Ms. Kinnear was formerly the Senior General Counsel and Director General of the Trade Law Bureau of Canada. In November 2002, Ms. Kinnear was also named Chair of the Negotiating Group on Dispute Settlement for the Free Trade of the Americas Agreement. From October 1996 to April 1999, Ms. Kinnear was Executive Assistant to the Deputy Minister of Justice of Canada. Prior to this, Ms. Kinnear was Counsel at the Civil Litigation Section of the Canadian Department of Justice (from June 1984 to October 1996). Ms. Kinnear is currently Editor-in-Chief of the ICSID Review, and a co-author of Investment Disputes under NAFTA (published in 2006 and updated in 2008 & 2009), Federal Court Practice (1988-1990, 1991-1992, and 1993-2009 annually) and 1995 Crown Liability and Proceedings Act Annotated (1994).
About the topic: the ICSID Rules and Regulations have evolved since they first took effect in 1968, reflecting a continuous effort to modernize and improve upon the most commonly used procedural rules in investor-State dispute settlement. In this webinar, Meg Kinnear, Secretary-General of ICSID, will highlight key changes to the rules over time. She will also outline the amendments currently under consideration as part of the fourth amendment of the ICSID rules, as well as the newly published Code of Conduct for Adjudicators developed with UNCITRAL.
Gourab Banerji SA discussed "Recent Developments in the Enforcement of New York Convention Awards in India" with Dr Kabir Duggal and Amanda Lee, and retraced the history of enforcement of New York Convention awards in India before turning to the recent Indian Supreme Court judgments in Vijay Karia & Ors. v. Prysmian Cavi E Sistemi S.r.I. (2020) and National Agricultural Co-operative Marketing Federation of India Ltd. (NAFED) v. Alimenta S.A. (2020).
The recording is available here. Gourab Banerji was tagged by Sir Bernard Eder; he in turn tagged Funke Adekoya SAN. This episode was also supported by Young MCIA (MCIA being the Mumbai Centre for International Arbitration).
Gourab Banerji is a Senior Advocate, practicing mainly before the Supreme Court of India. He is an Overseas Associate of Essex Court Chambers. Graduating from the University of Cambridge in 1989 with First Class Honours, he was called to the Bar from Lincolns Inn in 1990. He was designated as a Senior Advocate in 2003 and served as the Additional Solicitor General of India from July 2009 to May 2014. In this capacity, he represented the Government of India in a number of landmark cases. His practice before the courts is mainly in commercial matters, particularly relating to arbitration and contractual disputes. Gourab sits as an arbitrator in domestic and international commercial arbitrations, apart from appearing as counsel. He has represented the Republic of India in its investment treaty arbitrations. He has been a part of various governmental and inter-governmental committees and assisted the Law Commission in its reports relating to arbitration.
Funke Adekoya SAN discussed "Damages and Costs: Can Fair Compensation Be Too Much?" with Dr Kabir Duggal and Amanda Lee, reviewed the manner in which damages were pleaded and addressed in certain particularly large awards, and the practice of allocation of costs, both in commercial and investment arbitration. The recording is available here.
Funke Adekoya SAN was tagged by Gourab Banerji SA; she in turn tagged Cecilia Azar. This episode was also supported by the Chartered Institute of Arbitrators (CIArb) - Nigeria Branch, CRID-LawNet, the Lagos Chamber of Commerce International Arbitration Centre (LACIAC) and the Lagos Court of Arbitration (LCA).
Funke Adekoya SAN is a founding Partner at Nigerian law firm ǼLEX, one of the largest full service commercial law firms in Nigeria where she heads the Dispute Resolution practice group. She is a Fellow of the Chartered Institute of Arbitrators, also a Chartered Arbitrator, a past Chairman of its Nigerian Branch, and a member of the ICCA Governing Board. Funke has over 45 years’ experience in Litigation and Arbitration. Funke received her legal education at University of Ile, Nigeria and Harvard Law School (LL.M.). She was elevated to the rank of Senior Advocate of Nigeria (SAN) in 2001. She has been a member of Nigeria’s Body of Benchers since 1999 and was elevated to Life Bencher in March, 2007. She is also a frequent speaker at conferences in the fields of litigation and arbitration.
Dr Yas Banifatemi was 'tagged' by Meg Kinnear. She discussed "Arbitration as a means of improving human rights protections at sea" with Dr Kabir Duggal and Amanda Lee. The recording is available here and Yas Banifatemi's presentation is available here. She was tagged by Meg Kinnear; she in turn tagged Prof. Diane Desierto.
Dr Yas Banifatemi is a partner and Co-Head of the International Arbitration practice at Shearman & Sterling. She also leads the firm’s Public International Law practice, and co-heads the firm’s Energy practice. She is widely recognized as one of the most prominent international arbitration and public international law specialists worldwide. Yas Banifatemi is a Vice-President of the ICC International Court of Arbitration, a member of the LCIA Court and a member of the SIAC Court of Arbitration. She is also a member of the ICSID Panel of Arbitrators, appointed by the Chairman of ICSID’s Administrative Council. Yas Banifatemi teaches at Harvard Law School, Yale Law School and Panthéon-Sorbonne University. In the Summer 2019, she gave a course at The Hague Academy of International Law on the powers of the arbitrator. She researches in the areas of public international law and international arbitration, and has authored numerous publications in, and regularly speaks about, both these fields.
To find out more about the topic, you can download the White Paper of 5 May 2020 (updated) from the website of Human Rights at Sea (HRAS), which also has it in French. This initiative was reported here by Global Arbitration Review, as reproduced here (free access) with permission by HRAS.
Cecilia Azar discussed "Conflicts of Interest in International Arbitration: Debates and dilemmas surrounding third-party funding and party representation" with Dr Kabir Duggal and Amanda Lee. The recording is available here. Cecilia Azar was tagged by Funke Adekoya SAN; she in turn tagged Prof. Mohamed Abdel Wahab. This episode was also supported by Women Way in Arbitration - Latin America (WWA LatAm).
Cecilia Azar is a partner at Galicia Abogados, specializing in arbitration, mediation and legal proceedings relating to arbitration. She has specialized in the energy, infrastructure, construction and family/commercial mediation sectors over the past 10 years. Her clients include national and international companies involved in energy or construction and infrastructure projects. Her recent cases have covered complex legal disputes relating to distribution, technology transfer and international purchase and sale contracts. She was Secretary General and Counsel at the Arbitration Center of Mexico (CAM). She is currently Vice-President of the ICC Mexico Arbitration Commission and Chair of the Mexican Arbitration Institute (IMA). She has international experience as counsel for the Mediation in Mexico Project, sponsored by the American Bar Association and USAID. She has been recognized by Who’s Who and Chambers Latin America over the last 5 years.
Prof. Diane Desierto discussed "Invoking Climate Change, Environmental Law and Human Rights Law in International Arbitration: Utopia or Opportunity?" with Dr Kabir Duggal and Amanda Lee. The recording is available here. Prof. Diane Desierto was ‘tagged’ by Dr. Yas Banifatemi; she in turn tagged Prof. Catherine Rogers. This episode was also supported by the Philippine Institute of Arbitrators (PIArb).
Prof. Diane Desierto (JSD, Yale) is tenured Associate Professor of Human Rights Law and Global Affairs at the University of Notre Dame, where she is also a Faculty Fellow in five of the University's institutes and centers (Kellogg Institute for International Studies, Klau Center for Civil and Human Rights, Liu Institute for Asia and Asian Studies, Nanovic Institute for European Studies, and Pulte Institute on Global Development), focusing on the teaching of international law, human rights, maritime security, and ASEAN Law. Concurrently, she is also Professor of International Law and Human Rights at the Philippines Judicial Academy of the Supreme Court of the Philippines, External Executive Director and ASEAN Law Visiting Professor for the University of the Philippines Graduate LLM Program in the Bonifacio Global City campus.
Prof. Desierto is active as international counsel on Philippines and Southeast Asia matters before the Permanent Court of Arbitration, the Human Rights Committee, the International Criminal Court, ASEAN, Philippine courts and regulatory agencies. She serves as a member of the editorial boards of European Journal of International Law and EJIL:Talk!, the Integrated Bar of the Philippines Law Journal, and the Indonesian Journal of International and Comparative Law. She is a Member of the Academic Council of the Institute of Transnational Arbitration and the UNCITRAL Academic Forum on ISDS Reform, a listed Arbitrator at the British Virgin Islands Arbitration Centre. Prof. Desierto has served as Expert for the drafting of the 2012 ASEAN Human Rights Declaration, the draft 2020 UN Convention on the Right to Development, and the 2019 Hague Rules on Business and Human Rights Arbitration, and authored over 100 publications (4 books, 50 law review articles, 20 chapters, essays and book reviews) with leading publishers in the United States, Europe, and Asia.
Prof. Mohamed Abdel Wahab was 'tagged' by Cecilia Azar. He discussed "Good Faith and Neighbouring Doctrines: Conceptual Considerations and Practical Applications in International Arbitration" with Dr Kabir Duggal and Amanda Lee. The recording is available here. Prof. Mohamed Abdel Wahab was tagged by Cecilia Azar; he in turn tagged Vladimir Khvalei. This episode was also supported by the Cairo Regional Centre for International Commercial Arbitration (CRCICA) and the DIFC-LCIA.
Prof. Mohamed Abdel Wahab is the Chair of the Private International law Department and Professor of International Arbitration at Cairo University. He is also: Vice President of the ICC International Court of Arbitration; Member of the ICCA Governing Board; Vice- Chair, IBA Arab Regional Forum; Member of the CRCICA Advisory Committee; Member of the Advisory Board, Mauritius International Arbitration Centre (MIAC); Member of the Board of Trustees of the Chartered Institute of Arbitrators (CIArb); Vice Chair, Academic Forum for Investor-State Dispute Settlement; Court Member of the CIMAC; Dean and Member of the Advisory Council of the Africa Arbitration Academy; and Member of the Governing Board of the International Council on Online Dispute Resolution (ICODR).
He is listed in all major legal directories as a star practitioner and a thought leader. He is listed in AFRICA’s 100 list of leading African arbitration practitioners, was selected by Africa Arbitration as the African Personality of June 2018 and by LACIAC (Lagos Chamber of Commerce International Arbitration Centre) as the Arbitration Personality in May 2019. He Received the LAW Magazine 2017 Award for the Best Legal Practitioner in Egypt, the 2018 ASA International Arbitration Advocacy Prize, the AYA Hall of Fame Award in London for the African Arbitrator of 2019, and, in February 2020, he received Lexology’s Client Choice International Award. He regularly writes and speaks on issues of international arbitration, and the leading treatise which he co-edits: ‘Online Dispute Resolution: Theory and Practice’ (2012), received the CPR Award for the Best Published Dispute Resolution Work (2013).
Prof. Catherine Rogers discussed "Does International Arbitration Enfeeble or Enhance Local Legal Institutions?" with Dr Kabir Duggal and Amanda Lee. The recording is available here. To find out more about the topic, it is based on an article of same title by Prof. Catherine Rogers and Christopher Drahozal, which is available for download here. Prof. Catherine Rogers was tagged by Prof. Diane Desierto; she in turn tagged Yemi Candide-Johnson SAN. This episode was also supported by Arbitrator Intelligence.
Prof. Catherine Rogers is a scholar of international arbitration and professional ethics at Penn State Law, with a dual appointment as Professor of Ethics, Regulation, and the Rule of Law at Queen Mary, University of London, where she is also Co-Director of the Institute for Ethics and Regulation. Her scholarship focuses on the convergence of the public and private in international adjudication, the intersection of markets and regulation in guiding professional conduct, and on the reconceptualization of the attorney as a global actor. Catherine teaches, lectures, and publishes on these topics around the world, including as an invited participant at two Stanford-Yale Junior Faculty Fora.
Catherine is a Reporter for the American Law Institute’s Restatement of the U.S. Law of International Commercial Arbitration. Before entering academia, Catherine clerked for the Ninth Circuit Court of Appeals, and practised international litigation and arbitration in New York, Hong Kong, and San Francisco.
Vladimir Khvalei discussed "Corruption in international arbitration: red flags, burden and standard of proof" with Dr Kabir Duggal and Amanda Lee. The recording is available here. Vladimir was tagged by Prof. Mohamed Abdel Wahab; he in turn tagged Dr. Michael Hwang SC. This episode was also supported by the CIS Arbitration Forum.
Vladimir Khvalei is a partner in the Moscow office of Baker & McKenzie and heads the firm’s CIS Dispute Resolution Practice Group. Mr. Khvalei is Vice-President of the ICC International Court of Arbitration and a member of the London Court of International Arbitration (LCIA). Vladimir is Chairman of the Board of the Russian Arbitration Association and Chairman of the Arbitration Commission of the Russian National Committee of the ICC. Vladimir serves as a Member of the Board of the International Arbitration Court at the Belarusian Chamber of Commerce and Industry, Member of the Board of the Ukrainian Arbitration Association, Member of the Polish Arbitration Association, Member of the Austrian Arbitration Association, Member of the Governing board of the International Council for Commercial Arbitration (ICCA). Vladimir is a former Vice-Chair of the IBA Arbitration Committee (2013-2014).
Yemi Candide-Johnson SAN discussed "Intra-Africa trade and the future of commercial dispute resolution on the continent" with Dr Kabir Duggal and Amanda Lee. The recording is available here.
He was tagged by Prof. Catherine Rogers; he in turn tagged Samaa Haridi. This episode was also supported by the Chartered Institute of Arbitrators (CIArb) - Nigeria Branch, CRID-LawNet, the Lagos Chamber of Commerce International Arbitration Centre (LACIAC) and the Lagos Court of Arbitration (LCA).
Charles Adeyemi (Yemi) Candide-Johnson SAN is a Senior Advocate of Nigeria, a former chairman of the Section on business Law of the Nigeria Bar Association, a past president of the Lagos Court of Arbitration, the chairman of the Nigerian Mortgage Refinance Corporation, and the convenor of the Nigerian Justice Reform Project. He is also a commercial litigator and international commercial arbitrator who has chaired, co-arbitrated and conducted arbitrations under the ICC, LCIA and LMAA Rules, in addition to domestic and ad hoc arbitrations in the construction, oil and gas, banking and Islamic banking industries.
Dr Michael Hwang SC discussed the "Referral of Judgment Payment Disputes to Arbitration" with Dr Kabir Duggal and Amanda Lee. The recording is available here. He was tagged by Vladimir Khvalei; he in turn tagged Kevin Kim.
Dr Michael Hwang SC currently practices as an international arbitrator and mediator based in Singapore. He was the Chief Justice of the Dubai International Financial Centre (DIFC) Courts from 2010 to 2018. He sits as arbitrator in domestic and international disputes, including investment treaty disputes, under a wide variety of arbitral rules. Michael was called to the Singapore Bar in 1968, when he joined Allen & Gledhill. He became a partner in 1972 and retired from the firm in 2002 after serving as head of its Litigation and Arbitration Department for 10 years.
Michael’s past appointments include: a former Vice Chairman of the International Court of Arbitration of the International Chamber of Commerce (ICC), a former Vice President of the International Council for Commercial Arbitration (ICCA), a former member of the Permanent Court of Arbitration (PCA), a former Court Member of the London Court of International Arbitration (LCIA), a former panel member on the International Centre for Settlement of Investment Disputes (ICSID) Panel, and a former Trustee of the Dubai International Arbitration Centre (DIAC). He has also served as a United Nations Compensation Commissioner (adjudicating claims against Iraq arising from the First Gulf War) and a Vice-Chair of the International Bar Association’s (IBA) Arbitration Committee, as well as a Council Member of International Council of Arbitration for Sport (ICAS). He is on the Users Council of the Singapore International Arbitration Centre (SIAC) and Hong Kong International Arbitration Centre (HKIAC), and is also a Board Member of the Swiss Arbitration Association (ASA) and the Hainan international Arbitration Court. Michael has also previously served as Singapore’s Non-Resident Ambassador to Switzerland and Argentina, as a Judicial Commissioner (fixed-term High Court Judge) of the Supreme Court of Singapore, and as President of the Law Society of Singapore.
Michael has published two books of essays on international arbitration, which are available for download from http://www.mhwang.com/.
He was educated at undergraduate and postgraduate levels at Oxford University, where he was a college scholar by open competitive examination. He has also been conferred an Honorary LLD by the University of Sydney where he commenced his legal career as a Teaching Fellow.
In this final episode of Season 1, Dr Kabir Duggal and Amanda Lee welcomed surprise guests Chiann Bao, Christopher Campbell, Thomas Granier, Rekha Rangachari, Patricia Saiz, Hafez Virjee and Jeffrey Zaino, for a discussion of innovation, Delos, challenges of arbitration, the pandemic, and diversity, sprinkled with light banter. The recording is available here.
With the support of Arbitral Women, the Asia-Pacific Forum for International Arbitration (AFIA), the Cairo Regional Centre for International Commercial Arbitration (CRCICA), Careers in Arbitration (CiA), LONDAP and the New York International Arbitration Center (NYIAC) and, joining for Seasons 2, 3 and 4, Arbitrator Intelligence and the Chartered Institute of Arbitrators (CIArb).
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