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AIJA International Arbitration Newsletter #40
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AIJA International Arbitration
Newsletter No.40, June 2015



Dear <<First Name>>

Spring is in full swing and summer is around the corner. We’ve had a successful start to the season and look forward to more fantastic events in the upcoming months.
 
In March, we enjoyed the seminar “Doing business with the West” in Shanghai co-organized by our Commission.  The seminar was long in the planning and brought out the best of AIJA: enlightening discussion among international lawyers, excellent food and a lively and interesting setting. Seminar topics included a comparison of arbitration in China, Europe, Latin America and the US.  Our gratitude goes to the organizing committee, chaired by Leo Van de Hole, and the speakers for all their hard work in making this fascinating seminar a reality. And a special thanks to Commission members who made the journey from far away. We’re sure it was worth it!
 
We also just enjoyed Half-Year Congress in Antwerp, one of Belgium’s coolest cities.  Many thanks to all of you who made it to the Commission meeting.  And for those of you who did not get a chance to come, remember, the half-year Commission Meeting is an excellent opportunity to plan new events, present your ideas and get involved in the Commission. We hope to see you at the next one!
 
On the heels of the Half-Year Conference is the 7th Annual Arbitration Conference. The topic is “Consent to Arbitration” and will feature a half-day of panels and two-half days of workshops with some of the leading international arbitration practitioners. Moreover, there is an exciting social program in place. And as if this were not enough to make you want to come, did we mention that it is taking place in Paris…in the premises of the ICC… in June…?  It’s hard to imagine a better place and time for the Commission’s annual marquee event!  We hope you all can make it and please register and reserve you hotel room soon, as it is high season in Paris at that time. 
 
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
  • June 11 – Paris (France) – Annual Arbitration Conference. Event page and Registration
  • June 25 – 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!
 
A list of all events is available at the AIJA website
Upcoming Events in International Arbitration for Young Practitioners

June
  • 12 Geneva – Asa Below 40 on Written Advocacy. Programme
  • 17: Curitiba (Brasil) - ICDR Y&I, together with CLA and ICC YAF, on the occasion of the Latin American Conference on Arbitration, on the topic “The Organization of Arbitral Proceedings” Programme.
  • 25: Thessaloniki - ICDR Y&I on various topics amongst which Document Production under the UNCITRAL Model Law and Dissenting Opinions in International Arbitration. Programme
  • 25: Zurich – Europa Institut  organizes a Seminar on Arbitration: Hot Topics – Programme
  • 26: London (UK) - 5th ICC YAF Global Conference. Programme.
10 Shots –This time with renowned International Arbitrator Mark Kantor, Washington
A new window to learn more about international arbitration and arbitrators.

Prof. Mark Kantor, is very active as an arbitrator and mediator, particularly in connection with international disputes
 
Sole Arbitrator or a Panel?
That's easy.  Whenever I am serving on a panel I want to be the sole arbitrator and make all the decisions myself!  But whenever I am serving as a sole arbitrator I want the help of a panel!

Ad Hoc or Administered Arbitration?
Oh, administered arbitration.  Arbitrators have to work too hard in ad hoc proceedings.

Fast Track or more time to assess?
Fast Track, but 'good luck' getting counsel to agree.

Expensive or affordable arbitration?
Affordable, of course.

Favorite venue?
Washington DC, so I can go home at night.  Except in July and August, when the weather here is beastly.

Waiver of responsibility for an arbitrator, yes or no?
Why is it necessary?  If the parties have done proper due diligence about the arbitrator, then surely they have “assumed the risk” anyway!

Partial award, favorable or not?
Favorable, so long as it does not unduly delay the proceedings.

What do you remember of your first experience as arbitrator?
Trying to keep my mouth shut so that I did not demonstrate to every one in the room how ignorant I was.

A funny anecdote
Failing to keep my mouth shut in my first arbitration, and thereby demonstrating to every one in the room how ignorant I was.

One thing you would change in the arbitral practice.
Challenging the arbitrator, or seeking to vacate the award for alleged arbitrator non-disclosure, on essentially frivolous grounds.
 
A special thanks goes to Prof. Mark Kantor, who accepted to delight in our 10 Shots.
 
Career tip for Young Practitioners
I want to share a career tip that I have borrowed from someone else.
Apparently, Kunal Modi of McKinsey and Company has said that "The person who has the good ideas in the meeting gets the promotion over the diligent note taker every time." I think this is very true. Needless to say, it is important to be diligent and have the substance in place but self-promotion is equally important. This is something I encourage all young practitioners to implement.
 
By Dr. Gisela Knuts, Partner, Roschier, Helsinki
 
Reading tip – Article regarding enforcement of foreign arbitration awards in Iran

"Enforcement of foreign arbitral awards in Iran"
by Ms. Encyeh Seyed Sadr, Attorney at Law, LL.M., MLB, Partner, Bayan Emrooz Law Firm, Tehran
For the full article, please see here.

Summary of the article
"In Iran arbitration is but a novel method of settlement whose development and stability requires concerted efforts at ratification of protective laws, regulations and education of the new legal generation.

Nevertheless, Iran ratified the Law on International Commercial Arbitration (LICA) on 17 September 1997 that has been drafted based on the UNCITRAL Model Law. This law is considered the major source for the international commercial arbitration disputes in Iran. While a huge step for recognition and enforcement of the foreign and international arbitration awards was taken through joining Iran to the New York Convention on Enforcement and Recognition of Foreign Awards dated 1958 (New York Convention) on 10 April 2001.

For the purpose of enforcement of foreign arbitration awards, at first a distinction should be made between domestic and foreign (international) awards. In other words, the nationality of the award should be determined. Very briefly under LICA, the subject matter of arbitration and the parties play the main role for recognition of the award as “international”. However from an international perspective, the main elements that are taken into account for an award to qualify as foreign and international, are the “place of issuance of the award” and the “applicable law”.

At next stage for enforcement and recognition of the arbitral awards each arbitration award, based on its nationality, is finally subject to the governmental rules that have a right of supervision. Likewise the governing laws of the country whose procedural law, has been selected as the applicable law in the arbitration proceeding, may also be taken into account for supervising the recognition and enforcement.

In Iran the provision of Article 5 and I (3) of New York Convention, Article 496 of Civil Procedure Code of Iran (CPCI) and Principle 139 of the Iranian Constitution are considered as the provisions that provide limitation with respect to enforcement of foreign arbitral awards.

In this article the relevant articles in the Law on International Commercial Arbitration, Civil Procedure Code of Iran, that mainly deals with the domestic arbitration cases, and relevant terms in the New York Convention for qualification of an award as international and advancement and impediments for enforcement of foreign arbitration award are discussed. The judicial precedence on enforcement of foreign arbitral award in Iran is also shortly reviewed."
 
The Poll

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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
 
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