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AIJA International Arbitration Newsletter #39
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AIJA International Arbitration
Newsletter No.39, March 2015


Dear <<First Name>>

The Half-Year Conference in Santiago de Chile is already well behind us and after a bit of a quiet spell, we are nearing spring that is packed with several interesting events.

But first, the gratitude of the Commission goes to “the Simones”, i.e. Simone Stebler and Simone Hofbauer, who are almost an institution when it comes to organizing events and being actively involved in the work of our Commission. Thanks to their hard work and dedication, we were able to enjoy a well-organized and engaging seminar on M&A disputes with talented speakers in Santiago de Chile. The mock case study and interesting insights into the M&A market of Latin America receive a special mention.

Also, many thanks to the speakers and members of our Commission who made the journey to Santiago de Chile. We are sure all of you agree that the dinner at the vineyard at sunset was a cherry on top of a great scientific program!

But then, let’s take a closer look at the upcoming events. First in the line is the seminar “Doing business with the West” in Shanghai co-organized by our Commission at the end of March. The seminar is sure to offer excellent opportunities for networking with colleagues and business people from Far East, as well as for learning of the cultural and other special characteristics of arbitration in China.

After Shanghai, to crown the first half of the year, the Annual Arbitration Conference will take place in Paris. The Conference in Paris on „consent to arbitration“ is the main event of the year and the overall topic is “Consent to Arbitration”. Both the scientific and social program are bursting with so many highlights that it is impossible to only pick a few to mention. Short and simple, the Conference is a must for all the members of our Commission!

And let’s not forget that shortly after Paris, we move on to hot topics in international construction contracts that will be the focal point of the seminar in Stuttgart also co-organized by our Commission. The seminar will also include a panel discussing what in-house counsel want from external lawyers in construction matters. Besides construction law, one will also learn from experienced in-house counsel on how to meet the client’s expectations in complex construction cases – not to forget the great networking opportunities during and after the seminar.

As you can see, we are all set for a great AIJA spring and summer! And remember, it is you who make the Commission what it is and we count on your ideas to make our Commission even better. Therefore, never hesitate to drop us an email or come to talk to us.

We look forward to meeting you all later in spring!

Warm regards
Pascale, Hagit and Tero
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

June 11-13 – Paris (France) – Annual Arbitration Conference on „consent to arbitration“. Event page
 

Upcoming commission events


2015
  • March 26-28 – Shanghai (China) – “Doing Business with the West.” Event page.
  • June 11 – Paris (France) – Annual Arbitration Conference. Event page.
  • June 25-27 – Stuttgart (Germany) – Hot Topics in International Constructions Contracts. Event page and Registration.
Our website
Please remember, don’t forget, never end the working day without having visited our webpages!
 

2015
  • April 2-4 – Tokyo (Japan) – AIJA / JFBA Joint Seminar. Event page.
  • April 9 – Brighton (UK) – AIJA /ABA Joint Seminar: The HNM Same sex family: going global. Event page.
  • April 23 – Rotterdam (Netherlands) – Annual Corporate Acquisitions & Joint Ventures Seminar. Event page.
  • 14 May – Milan (Italy) – AIJA @ EXPO – What’s in my bowl? From producer to consumer, quality food for all. Event page.
  • 27 May – Antwerp (Belgium) – Half Year May Conference – Seminars: Recent developments in data security/ Then stevedores – now modern service providers. Event page.
  • 11 June – Paris (France) – Annual Arbitration Conference. Event page.
  • 25 June – Stuttgart (Germany) – Hot topics in international construction contracts. Event page
A list of all events is available at the AIJA website (Link).
Upcoming Events in International Arbitration for Young Practitioners

March
  • 28 March: Vienna (Austria) - ICC YAF and YAAP are organizing their joint annual conference on the topic “Young Approaches to Arbitration”. Programme.
  • 28 March . 2 April: Willem C. Vis Moot in Vienna Progamme
April
  • 13 April: Dubai (UAE) - ICC's 3rd annual conference on International Arbitration in the MENA region. The topic for the conference is “International Arbitration in the Middle East and North Africa (MENA)”. Programme.
May
  • 8 May: Tylney Hall (UK) - YIAG host a half-day symposium preceding the LCIA European users’ Council Symposium “Young International Arbitration Group (YIAG) Symposium”. Programme.
June
  • 26 June: London (UK) - 5th ICC YAF Global Conference. Programme.
10 Shots –This time with renowned International Arbitrator Prof. Dr. Richard  Kreindler
A new window to learn more about international arbitration and arbitrators.

Richard Kreindler, Partner, Cleary Gottlieb Steen & Hamilton LLP (Frankfurt), and Professor of Law at University of Muenster, Germany
  1. Sole Arbitrator or a Panel?
While it is essential to be sensitive to time- and cost-efficiency concerns, in international arbitrations with  different approaches to the applicable law, taking of evidence and other issues, three heads are usually better than one, and indeed three can in fact be speedier and more effective than one.
 
  1. Ad Hoc or Administered Arbitration?
Ad hoc can work quite well with a highly experienced and coordinated tribunal and harmoniously working counsel. When this is not the case and even in many situations where it is, administered will usually be preferable, speedier and worth the extra expense – if indeed it is even more expensive.  Of course, we cannot stop there, since there is administered and administered, so that the quality and experience of the institution will make an enormous difference.
 
  1. Fast Track or more time to assess?
Fast-track sounds appealing and can indeed work, but only if the arbitrator is experienced with such a tool and counsel are constructive. Otherwise, fast-track may promise too much, and the extra time and expense of the conventional route will be what is appropriate, especially if extensive fact and expert witness evidence is called for. 
 
  1. Expensive or affordable arbitration?
Certainly arbitration should be affordable, although this will be in the eye of the beholder and, to a certain extent; you get what you pay for. Expensive is no guarantee of a high-quality, enforceable decision, and affordable is no guarantee of a speedy, streamlined process. It will of course also depend on what the costs of the arbitration are being compared to when being called expensive or affordable – to litigation? In what country? With what track record of quality and enforceability?
 
  1. Favorite venue?
If venue means physical locale, then it would be hard to argue with venues such as Geneva, Stockholm, Berlin, Paris and Hong Kong.  If venue means the quality of the resulting lex arbitri, well, it could be the same answer, but there are also many more.
 
  1. Waiver of responsibility for an arbitrator, yes or no?
Absent intentional wrongdoing, I would say that waiver of civil, as opposed of course to criminal, liability, may make sense, while even unintentional wrongdoing will likely rightly lead to a loss of confidence in the arbitrator for future appointments.
 
  1. Partial award, favorable or not?
It surely all depends on the particular case, how we define “partial” versus “interim” award, what the parties wish, and whether such parceling of the issues in dispute is justified both legally and efficiency-wise.
 
  1. What do you remember of your first experience as arbitrator?
It was as chair in an ICC dispute in Paris, so that it was certainly a baptism by fire, and it resulted in longstanding friendships with the co-arbitrators which have continued to this day.
 
  1. A funny anecdote
In my first Terms of Reference hearing (as counsel when I was a junior associate), my alarm clock failed to go off, I was therefore more than an hour late, and I was the only one who had the original documents which were needed for signing; you could have heard a pin drop when I entered the hearing room late.
 
  1. One thing you would change in the arbitral practice.
I suspect that we have now reached the saturation point with “softlaw” guidelines and codifications, and should allow the excellent guidelines which we already now have to rise or fall on their own merits over the next several years before embarking on any new efforts, or new revisions.
 
A special thanks goes to Prof. Dr. Richard Kreindler, who accepted to delight in our 10 Shots.
The Poll

Reply to The Poll with “oral closing arguments” or “Post-Hearing Briefs”!
 
A note from Communication Officers
 
  • The Place to Write
We are going to add two new features to our Newsletter;
  • “What is going on in City X” Including a short update on what is going on in a city in terms of networks, local associations, events and seminars within the young international arbitration community to share ideas on what you can do to create a more active arbitration community.
  • “Career tip - What I have done to get where I am today” Including one short career tip from a successful young person within the international arbitration community.
Please let us know if you would like to write a couple of lines about what is going on in your city or provide a short career tip for the newsletter – it is always difficult to find participants!

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


 
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