Twelfth Annual International Commercial Arbitration Lecture
October 5, 2017 5:30 P.M.
The event will take place at Arnold & Porter Kaye Scholer, 601 Massachusetts Ave, NW,
Washington, DC 20001
The Lecture is free but registration is required. Please register at https://www.wcl.american.edu/secle/cle_form.cfm
Reception: 5:30 PM - Lecture 6:30 PM
James R. Crawford
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"The Ideal Arbitrator: Does One Size Fit All? "
James Crawford SC, FBA was Whewell Professor of International Law, and concurrently Research Professor of Law, Latrobe University. He was the first Australian member of the United Nations International Law Commission and in that capacity was responsible for the ILC’s work on the International Criminal Court (1994) and for the second reading of the ILC Articles on State Responsibility (2001). In addition to scholarly work on statehood, collective rights, investment law and international responsibility, he has appeared in more than 40 cases before the International Court of Justice and other international tribunals, and is engaged as expert, counsel and arbitrator in international arbitration. In 2012, he was awarded the Hudson Medal by the American Society of International Law. Recent work includes The International Law of Responsibility (co-edited, OUP, 2010), The Cambridge Companion to International Law (co-edited, CUP, 2012) and Brownlie’s Principles of Public International Law (editor, OUP, 2012).
Professor Pierre Tercier
Honorary Professor, University of Fribourg
Honorary Chairman of the ICC International Court of Arbitration of the International Chamber of Commerce
Pierre Tercier was Chairman of the International Court of Arbitration of the International Chamber of Commerce. A Swiss national and Professor Emeritus at the University of Fribourg, Switzerland, Mr. Tercier has an extensive international arbitration and dispute resolution experience, having served on numerous occasions in ICC, ICSID, and other cases. Professor Tercier is one of the most respected legal scholars in the world. He has authored more than 250 legal writings, focusing on contract law and international arbitration, among which there are several treatises that have become classics. Pierre Tercier was also Chairman of the Swiss Commission on Competition, the Swiss Cartel Commission and the Swiss Insurance Law Society. He has researched and taught law at many universities, including Cambridge University, Columbia Law School, the Max-Planck Institut 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. Mr. Tercier graduated from the University of Fribourg summa cum laude and was admitted to the bar in 1969. In 2004, he was awarded an honorary doctorate by the University of Paris II.
Bernardo M. Cremades
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|"Puissance Publique in Investment Arbitration"|
Bernardo M. Cremades Sanz-Pastor is a senior partner of the Spanish law firm B. Cremades y Asociados
and Catedrático of Universidad of Madrid.
Bernardo M. Cremades’ practice is focused on international commercial arbitration and
transnational investment disputes. He has acted as counsel, party-appointed arbitrator and
president of arbitral tribunals in more than 330 arbitrations. His professional experience in
the field of arbitration includes acting in proceedings under the auspices of all major
international arbitration institutions, including the ICC, ICSID, AAA, CRCICA, or LCIA, as
well as “ad hoc” arbitrations. He has particular experience in disputes relating to
infrastructure, energy, and the regulation of foreign investment.
Mr. Cremades is actively involved in DABs (Dispute Adjudication Boards) as an alternative means of dispute resolution in the construction field. In particular, he chairs a DAB which meets on a bi-monthly basis in Qatar regarding the construction of Barwa City; a substantial city construction project in the outskirts of Doha. Bernardo M. Cremades is the leading Spanish international arbitration practitioner (“number one practitioner in Spain for commercial arbitration legal expertise” and “one of the top names in the industry”, Who’s Who legal). His international recognition includes Germany’s distinguished Verdienstkreuz award, and the French distinction of Chevalier de l’Ordre National du Mérite.
Bernard Hanotiau, Partner
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"Do States Draft their BITs and FTAs with Sufficient Clarity? An Arbitrator’s View Point”
Bernard Hanotiau is a member of the Brussels and Paris Bars. Since 1978, Bernard Hanotiau has been actively involved in more than 350 international arbitration cases as party-appointed arbitrator, chairman, sole arbitrator, counsel, and expert in all parts of the world. Mr. Hanotiau is a professor at the law school of Louvain University (Belgium) where he teaches international arbitration. He is a member of the ICCA Council and of the Council of the ICC Institute and a member of the ICC International Arbitration Commission. He is also vice-president of the Institute of Transnational Arbitration (Dallas) and a former vice-president of the LCIA Court. He is a member of the Board of Advisors of the Singapore International Arbitration Center and of the International Advisory Board of the Honk Kong International Arbitration Centre. He is the author of Complex Arbitrations: "Multiparty, Multicontract, Multi-issue and Class Actions" (Kluwer, 2006) and of more than 120 articles, most of them relating to international commercial law and arbitration. In March 2011, Mr. Hanotiau received the GAR “Arbitrator of the Year” award.
V.V. Veeder QC
"Arbitrators and Arbitral Institutions: Legal Risks for Product Liability?"
Practicing at the English Bar from 1972 to date, specializing in commercial law and international trade, including foreign investment, banking, financial services, commodity transactions, competition law, entertainment law, insurance, reinsurance, international commercial arbitration, international trade and transport, labor law, oil & gas, maritime law, sports law - as advocate before the English courts in London and overseas in Hong Kong, Bermuda and Luxembourg; as advocate or arbitrator in arbitration proceedings principally in London, The Hague, Paris, Brussels, Switzerland, Stockholm, Singapore, Hong Kong, and the USA (ICC, LCIA, SCC, ICSID, NAFTA, UNCITRAL, BIT, Ad Hoc, etc); and Chairman of the Independent Inquiry into Capital Market Activities of the London Borough of Hammersmith and Fulham.
To view full CV (in pdf), please click here
Partner, Levy Kaufmann-Kohler,Geneva
Professor, University of Geneva School of Law
" Commercial Arbitration under the Scrutiny of Human Rights Courts and Investment Tribunals: Towards Defragmentation of International Dispute Settlement?”"
She is the Honorary President of the Swiss Arbitration Association, a member of the ICC International Court, the Board of the American Bar Association, and the International Council for Commercial Arbitration (ICCA).
Publication: Gabrielle Kaufmann Kohler, Commercial Arbitration before International Courts and Tribunals-Reviewing Abusive Conduct of Domestic Courts-2011, American University Washington College of Law, Annual Lecture on International Commercial Arbitration, Arbitration International, (LCIA 2013 Vol. 29 Issue 2) pp. 153-173.
Partner, Derain & Gharavi, Paris
"The Arbitrators Deliberation "
Yves Derains is presented as a "Superstar" in French arbitration in Who’s Who Legal 2008 Edition. For his activities as counsel, Chambers 2008 states that "clients feel safe in his hands, as they know the job will always be great". Former Secretary General of the ICC Arbitration Court, Yves Derains has more than 35 years experience in arbitration. At the time of his departure from the ICC, he joined the Canadian firm Phillips & Vineberg to create, shortly afterwards, one of the first arbitration firms Derains Gélinas & Associés, which would later become Derains & Associés.
He has not ceased to devote himself to the development of international arbitration and he successfully conducted the sessions for the review of the ICC Rules of Arbitration adopted in 1998 and still in force.
Eager to offer companies a double culture of arbitrator and counsel, Yves Derains intervenes as arbitrator or Chairman of Arbitral Tribunals as well as counsel in arbitral proceedings conducted under numerous procedural Rules. He has recently been appointed in several investment arbitrations highly commented by practitioners of international arbitration.
Former Chairman of the Comité Français de l’Arbitrage, Yves Derains is on the arbitrators lists of numerous arbitration institutions and participates in conferences all over the world. He is co-author of the celebrated work which has become the guidebook in the application and interpretation of the ICC Rules of Arbitration (A Guide to the ICC Rules of Arbitration, 2nd Edition, with Eric Schwartz, Kluwer Law International, 2005).
Publication: Yves Derains, The Arbitrator'sDeliberation,27.4 Am. U. Int'l L. Rev 911 (2012)
Freshfields Bruckhaus Deringer LLP, Paris
"Three Reasons Why International Arbitration Will (Probably) Survive"
Jan Paulsson is co-head of the firm’s international arbitration and public international law groups. He holds degrees from Harvard, Yale, and the University of Paris. He has acted as counsel or arbitrator in hundreds of international arbitrations. He has conducted cases under the ICC, UNCITRAL, ICSID, LCIA, and AAA Rules, as well as before the International Court of Justice. He is President of the London Court of International Arbitration, the World Bank Administrative Tribunal, and the EBRD Administrative Tribunal; and is a member of the Permanent Court of Arbitration in The Hague.
Mr. Paulsson holds the Michael Klein Distinguished Scholar Chair at the University of Miami and is a Visiting Professor at the London School of Economics. He is a Profesor Honorario of the Universidad Peruana de Ciencias Aplicadas. He is the author of several textbooks and numerous articles, in particular the standard reference work ICC Arbitration (3rd edition 2000) which he co-authors with Messrs WL Craig and WW Park. His monograph Denial of Justice in International Law was published by Cambridge University Press in 2005. He speaks English, French, Spanish, and Swedish.
Justice of the High Court, London
"Establishing claims for damages, costs and interest in international arbitration"
Sir Vivian Ramsey had previously enjoyed a notable earlier career in civil engineering. Gaining a degree in Engineering Science from Oriel College, Oxford, he went on to work with Ove Arup in both London and Libya. Following his move to the Bar, Vivian quickly established his expertise in construction and engineering disputes. Showing a particular affinity for international cases, he was soon practicing all over the world, including appearances before courts in the Far East and West Indies and arbitrations as far afield as Papua New Guinea.
He took Silk in 1992, rapidly consolidating his practice as a global leader, and including appearances in the House of Lords in Lafarge Redland v. Shepherd Hill Civil Engineering  BLR 385 and, more recently in the Court of Appeal, in AMEC Civil Engineering v Secretary of State for Transport  BLR 227.
Appointed to the High Court Bench in 2005, Vivian was also voted Construction Silk of the Year by Chambers Directory in the same year. He served as Head of Chambers from 2002 until his appointment to the Bench. He continues as joint editor, with Stephen Furst QC, of the seventh and eighth editions of Keating on Construction Contracts.
Publication: The Hon. Sir Vivian Ramsey,Establishing Claims for Damages, Costs and Interest in International Arbitration, 26.5 Am. U. Int'l L. Rev 1211 (2011).
20 Essex Street
" Does National Court Involvement Undermine the International Arbitration Process "
Julian Lew has been working in the area of international arbitration for more than 30 years. He now practices as a barrister and international arbitrator from Chambers at 20 Essex Street, London. He is also the Head of the School of International Arbitration, and a Visiting Professor at the Centre for Commercial Law Studies, Queen Mary, University of London. He is appointed regularly as an arbitrator in international disputes and has been a chairman, sole arbitrator and co-arbitrator under most of the major arbitration systems. He also advises and represents clients, in international arbitrations in London and in many other countries around the world. These arbitrations include proceedings under the ICC, LCIA, ICSID, AAA/ICDR, Stockholm Institute, and UNCITRAL Rules. The subject matter of these arbitrations is wide-ranging involving most international commercial transactions, including international investment, state contracts, energy generating, supply and development arrangements, distribution, agency, intellectual property licensing agreements, construction, engineering and infrastructure projects, international trade, and project finance. He has written extensively and lectured on all aspects of international commercial arbitration. His latest publication is Comparative International Commercial Arbitration published May 2003 (co-author).
Publication: Professor Julian D M Lew QC, Does National Court Involvement Undermine the International Arbitration Process? 24.3 Am. U. Int'l L. Rev 489 (2009)
Retired Partner, Thelen Reid Brown Raysman & Steiner LLP
Almost 50 Years of the Golden Age of International Arbitration
Gerald Aksen is a retired partner of the firm's Commercial Litigation Department and Alternative Dispute Settlement practice. Ranked as the leading international arbitration attorney in New York in the 2003-2004 editions of Chambers Global: The World's Leading Lawyers and Chambers USA Guide to America's Leading Business Lawyers, Mr. Aksen was the Firm's resident Arbitration and Alternative Dispute Settlement specialist. Mr. Aksen is the recipient of the 2005 American Bar Association Dispute Resolution Section's D'Alemberte/Raven Award for outstanding service in dispute resolution.
Mr. Aksen's practice involved domestic and international litigation and arbitration with experience in accounting audits, computer-related, construction (power plants and shipbuilding), environment, executive employment, international joint ventures, trade, sales and agency, insurance, oil and petroleum, patent-license, pharmaceutical, satellites and telecommunications.