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AIJA International Arbitration Newsletter #42
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AIJA International Arbitration
Newsletter No.42, November 2015


Dear <<First Name>>

The Annual Congress in London is already history again and Fall has arrived with beautiful colors and the first candles to be lit in order to bring light to the shorter days.
 
First of all we would like to remember the magnificent Annual Congress in London which provided us with many interesting hours of education and scientific program, but also lively networking opportunities and last but not least a terrific social program filled with laughter, chatters and joy.
 
Above all we have to express our sincere thanks to the General Reporters of our London Working Session on State Court Participation in Arbitration: Silvia Dahlberg, Arnoldo Lacayo and Gunnar Pickl gave a lot of effort into this project and made an outstanding job. Thanks a lot for your work and this fantastic Working Session.
 
But before we now all indulge and dive into the wonderful but usually also stressful holiday season, there is a great opportunity to catch some sun and impressions of a different and fascinating culture in bustling and beautiful Istanbul. Make sure not to miss out on the Half Year Congress, which takes place from 18 to 21 November 2015 and above all join us at the Commission meeting on Friday, 20 November 2015 at 16.00 o’clock. It will again be a great opportunity to get involved in many interesting future projects of our Commission.
 
In fact, we will thereafter head into an exciting 2016 as there are many great projects in the pipeline like for example another Advocacy Training Seminar in June 2016 in London, an interesting Working Session on Arbitration and Energy Law and a Workshop on Mediation, both to be held at the Annual Congress in Munich as well as the next Annual Arbitration Conference which will take place in the beginning of October 2016 in New York City. All projects are already in preparation by very motivated OC’s. Thanks to you all!
 
We are looking forward to seeing you all in Istanbul or soon thereafter.
 
Best regards,

Pascale, Tero and Hagit

 
President
Pascale Gola
Ruoss Vögele
Kreuzstrasse 54
CH-8052 Zürich
Tel  +41 44 250 43 00
Fax +41 44 250 43 10
gola@ruossvoegele.ch
Vice-President
Tero Kovanen
Borenius Attorneys Ltd.
Eteläesplanadi 2, FI-00130 Helsinki, Finland
Tel +358 20 713 3276
Fax +358 20 713 3499
tero.kovanen@borenius.com
Vice-President
Hagit Elul
Hughes Hubbard & Reed LLP
One Battery Park Plaza
New York, New York 10004 USA
Tel +1 212 8376969
Fax +1 212 2996969
elul@hugheshubbard.com
Communication Officer
Ruggero Rubino Sammartano
LawFed BRSA
Viale Cassiodoro, 3
I-20145 Milano
Tel +39 - 02 77 07 5500
Fax +39 - 02 77 07 5577
ruggero.rubino.brsa@lawfed.com
Communication Officer
Linn Sundqvist
Roschier
Box 7358
Blasieholmsgatan 4 A
SE-103 90 Stockholm
+46 8 553 190 00 | office
+46 8 553 190 01 | fax
linn.sundqvist@roschier.com
IN THIS ISSUE

Highlights

Upcoming commission events


2016
  • June 16 -  Advocacy training – London (UK) - Event page
  • October 6-8 – New York (USA) – 8th Annual Arbitration Conference.
Our website
Please remember, don’t forget, never end the working day without having visited our webpages!
 

2015
  • November 18-21 – Istanbul (Turkey) – Half Year November Conference – Dealing with emerging markets – Challenges and insights. Event page.
A list of all events is available at the AIJA website
Upcoming Events in International Arbitration for Young Practitioners

2015
  • November 18-21 – Istanbul (Turkey) – Half Year November Conference – Dealing with emerging markets – Challenges and insights. Event page.
  • November 17 – Dubai (UAE) - MENA Young Arbitrators Conference on “Arbitration in the 21st century: how can we improve the process?”  - co-hosted by ICDR Y&I, ICC YAF, LCIA YIAG, CIArb Young Members’ Group and DIAC Under 40,
  • November 17 – New York (USA) - Mechanics of Third Party Funding in International Arbitration” - ICDR Y&I
  • November 17 – Sydney (Australia) - Young ICCA International Arbitration Skills Workshop on "Working with Experts in International Arbitration".  – co-organized by ICDR Y&I and Young ICCA
  • December 2 – Zagreb (Croatia) Preconference, Zagreb Arbitration Day - ICDR Y&I
  • December 10 – Washington, D.C. (USA) - Annual Joint Colloquium on International Arbitration- organized by ICDR Y&I
     
10 Shots

Mr. Jingzhou Tao, is a very active arbitrator not only in China but in whole Asia.

Sole Arbitrator or a Panel?
Panel is better since you will feel so lonely to decide something which can be of great importance for a party or parties. It is always useful to have brainstorming with your fellow arbitrators, even better if they share the same point of view with you.
Ad Hoc or Administered Arbitration?
Administrated procedure is better since you will be supervised and reminded for the quality of your work and for the speedy progress of the procedure.
Fast Track or more time to assess?
Whenever possible you are better off to finish the procedures as quickly as possible. The very nature of the arbitration was to resolve commercial disputes quickly and economically.  This tradition is unfortunately suffering the Americanization of arbitration procedures. 
Expensive or affordable arbitration?
Arbitration is getting more and more expensive which is unfortunate for business people and is fortune-making for arbitration lawyers. Arbitration is becoming unaffordable for small companies.
Favorite venue?
Singapore Maxwell Chamber for its facilities and HKIAC for its surrounding environment for shopping and accommodation. Paris is also great for post-hearing gastronomic detour.
Waiver of responsibility for an arbitrator, yes or no?
Yes, unless there are willful wrongdoings or corruptions.
Partial award, favorable or not?
I do not like a partial award since it is not necessarily economic for disputing parties and often prolongs the conclusion of the procedure.  
What do you remember of your first experience as arbitrator?
I was quite anxious when meeting with my co-arbitrators ("do they know that I knew virtually nothing about arbitration"?) and when attending the first hearing ("those parties must have found that I am a freshman for arbitration"). 
A funny anecdote
Two of my co-arbitrators fell to sleep after the lunch break and I have to use my two feet to wake them up.
One thing you would change in the arbitral practice.
Why only one thing while there are quite some things need to be changed? If only parties' counsels can reach more agreed-items and get very focused on disputed items without a full-scale war.... 

A special thanks goes to Jingzhou Tao, who accepted to delight in our 10 Shots.
A note from Communication Officers

We have added the new feature "Career Tip for Young Practitioners" where someone with a little more experience share a career tip.  Please let us know if you would like to provide a short career tip for the newsletter – it is always very much appreciated!

Moreover, if you have recently published any articles related to international arbitration or are scheduled to give a lecture on a particular issue in international arbitration in the upcoming months, we would be delighted to include this information (with links to the relevant website, if applicable) in our next newsletter. In the case of publications, we would also be happy to include an abstract.

Linn & Ruggero
 
Copyright © 2015 AIJA, All rights reserved.


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