2017 Summer Program Faculty and Guest Speakers
Richard Birke is the Executive Director of the JAMS Institute – the teaching and training arm of JAMS. In that capacity, Birke leads a team of educators and professionals committed to providing JAMS with exceptional internal training, starting with new panelists and continuing with the nation’s elite neutrals. In addition, the Institute’s role as an external trainer and education provider continues to expand both domestically and internationally, with ADR course offerings across the U.S. and in the E.U., Asia, Latin America and North Africa.
Prior to joining JAMS, Birke was a trial lawyer in the greater Boston area, and then a graduate student at Harvard Law whose work with faculty at the Program on Negotiation resulted in his hire in 1991 as Associate Director of the Stanford Center on Conflict and Negotiation and a lecturer in law at Stanford Law. In 1993, he became a tenure-track and then tenured law professor at Willamette University and director of their nationally-renowned Center for Dispute Resolution. While at Willamette, Birke directed the program to a top 5 ranking and lead it to the prestigious Ninth Circuit ADR Education Award.
Birke has won two national writing awards for his work in the psychology and neuroscience of mediation and negotiation, taught dozens of innovative courses at his own law school and around the world, given hundreds of invited lectures and speeches, and has mediated complex disputes ranging from international child abduction to class action civil rights to creation of national wilderness areas and beyond. He remains active in all areas of his practice -- writing, teaching, training, consulting and mediating – now proudly under the JAMS umbrella.
Claudia Frutos-Peterson, Managing Partner, Curtis, Mallet-Prevost, Colt & Mosle LLP
Dr. Frutos-Peterson is managing partner of the Washington D.C. office.
Dr. Frutos-Peterson was formerly counsel at the International Centre for Settlement of Investment Disputes (ICSID) from 2001 to 2009. At ICSID, she served as Secretary of Tribunals in numerous arbitral proceedings brought under the ICSID Convention and the ICSID Additional Facility Mechanism, based on the bilateral and multilateral investment treaties.
She focuses her practice on arbitration, international law and international investment law and works with multiple governments and state entities. She has represented foreign states in investor-state arbitrations under the Arbitration Rules of the International Centre for Settlement of Investment Disputes (ICSID) and the United Nations Commission on International Trade Law (UNCITRAL).
Dr. Frutos-Peterson is an Adjunct Professor at the American University Washington College of Law in Washington D.C., where she lectures on international commercial arbitration and investor-state arbitration. She is also a frequent speaker at conferences and seminars in the United States and abroad. She is the author of the book L’émergence de l’arbitrage commercial international en Amérique latine: l’efficacité de son droit, published by L’Harmattan.
Alvaro Galindo, International Counsel , Dechert LLP
Alvaro Galindo advises on complex international arbitration matters, particularly those involving Latin American jurisdictions. Mr. Galindo’s practice focuses on the representation of sovereign states. Prior to joining Dechert, he served as the Director of the International Affairs and Arbitration Unit for the Republic of Ecuador’s Attorney General Office. He acted as a legal consultant for the World Bank Group’s International Centre for Settlement of Investment Disputes (ICSID) in Washington, D.C. and the Latin American Development Corporation in Ecuador, where he coordinated the legal group in charge of drafting the Arbitration Law of Ecuador.
Mr. Galindo has significant teaching experience in the areas of international trade, investment, economic and arbitration law, having previously served as Director of Graduate Programs and Vice Dean of the University of San Francisco de Quito School of Law. Currently, he is a Law Professor at Georgetown University Law Center, with a course on Advanced Topics in International Arbitration.
Mr. Galindo has represented Ecuador in different international and regional forums, among others, the United Nations Conference on Trade and Development, UNCTAD; the Union of South American Nations Working Group on Dispute Settlement, UNASUR and the United Nations Commission on International Trade Law Working Group on Arbitration, UNCITRAL. In addition, Mr. Galindo has experience acting as a legal expert, including in UNCITRAL ad hoc arbitrations, as well as cases under the rules of arbitration of the ICC. He is a member of the Drafting Committee for the Revision of the Optional Rules for Arbitration of the Permanent Court of Arbitration in the Hague (the PCA).
Leonardo Giacchino, Partner, Solutions Economics, LLP
Dr. Leonardo Giacchino provides valuation and economic analysis and advisory services in litigation matters. He has worked in more than 30 countries on over 100 projects addressing economic, financial, and regulatory issues. Dr. Giacchino has testified in numerous forums: international courts (investment and commercial arbitrations), federal and state courts, and before public utility commissions in many countries. He is in Who’s Who Legal as one of the world's top international arbitration experts.
Dr. Giacchino taught economics at Duke University and at Universidad Católica Argentina. He was Vice President at NERA and a Partner at Bates White, where he provided economic analysis and advisory services in regulated markets. He served as Senior Economist at a private oil and natural gas company in Argentina and worked at another. In his work at the oil and gas companies, he coordinated project evaluations of oil field auctions, renegotiated contracts with the state owned companies, directed research in international energy markets, and participated in planning for the deregulation of energy markets in Argentina. He has an extensive background in microeconomics, regulation, finance, modeling, econometrics, international trade and finance, and macroeconomics. Dr. Giacchino is a former faculty member at the PURC/World Bank International Training Program on Utility Regulation and Strategy, University of Florida, Public Utility Research Center. He is also the coauthor (with Dr. Jonathan Lesser) of "Fundamentals of Energy Regulation," published in 2007 by Public Utilities Reports, Inc. (PUR) and "Principles of Utilities Corporate Finance," also published by PUR in 2011. He is listed in Who’s Who Legal as one of the world's top international arbitration experts.
Horacio A. Grigera Naón, Director, Center on International Commercial Arbitration
Professor Horacio Grigera Naón is a Distinguished Practitioner in Residence and Director of the Center on International Commercial Arbitration at American University Washington College of Law where he teaches International Commercial Arbitration and Choice-of-Law Issues in International Commercial Arbitration. He also serves as an independent international arbitrator and consultant on business and international law matters, and is former Secretary General of the International Court of Arbitration of the International Chamber of Commerce. He has been a practitioner in the field of international commercial arbitration and international business law for over twenty-five years.
Dr. Grigera Naón has published and lectured widely on these topics, including a book on "Choice-of-Law Problems in International Commercial Arbitration" (1992) and lectures at the Hague Academy of International Law (2001) on the same topic. He is also an adviser for the American Law Institute’s new Restatement of the Law (Third) of International Commercial Arbitration, a member of the Advisory Board of The Institute for Transnational Arbitration, a former Special Counsel with White & Case LLP, and a former Senior Counsel with the International Finance Corporation in Washington D.C. Professor Grigera Naón holds LLM and SJD degrees from Harvard Law School, LLB and LLD degrees from the School of Law of the University of Buenos Aires, and is a member of the Argentine Federal, New York, District of Columbia, and United States Supreme Court Bars.
Michael Evan Jaffe, Partner, Pillsbury Winthrop Shaw Pittman LLP
During his more than 30 years as a trial lawyer, Mr. Jaffe has focused on dispute resolution internationally in arbitrations under various international arbitral regimes and domestically in court and arbitration proceedings. A significant part of his work has involved representing owners, contractors, and other stakeholders in projects ranging from infrastructure and energy facilities to sports stadiums and a wide variety of commercial structures. He has acted as counsel in numerous international and domestic arbitrations, has been counsel in mediations involving both international and domestic matters and has served as an arbitrator involving projects in North America, South America, the Caribbean, Mexico, Europe, and Asia. Mr. Jaffe is a member of the Chartered Institute of Arbitrators.
He has been lead counsel, in a wide array of construction industry and commercial litigation matters. He has been widely recognized as a leading trial lawyer. Among the publications recognizing him are Chambers USA, Construction Litigation—DC (2003-2013); Best Lawyers in America, Construction Law (2003-2014); Legal 500 US, Real Estate & Construction Litigation (2012); PLC Which Lawyer?, Construction—DC (2011-2012), Dispute Resolution—DC (2008-2010); Who's Who Legal, Construction—DC (2011-2013); Guide to the World's Leading Construction Litigation Lawyers, Euromoney/Legal Media Group (2011); and Super Lawyers (2007-2012).
Jean Kalicki, Independent Arbitrator
Jean Kalicki is a full-time independent arbitrator based in New York and Washington, DC, specializing in international, complex commercial and investor-State disputes. Until April 1, 2016, she was a Partner at Arnold & Porter LLP and New York, serving as counsel in a wide range of high-stakes international disputes. Over more than 25 years, she has conducted arbitrations involving six continents, across a wide range of industries and disputed issues, addressing issues of public international law and the laws of dozens of different countries.
Ms. Kalicki is a member of the Board of Directors of the American Arbitration Association (AAA), the London Court of International Arbitration (LCIA), the International Chamber of Commerce (ICC) Commission on Arbitration (US National Committee), the Board of Directors of SICANA, Inc. (ICC North America), and the Governing Board of the International Council for Commercial Arbitration (ICCA). She is a Fellow of the Chartered Institute of Arbitrators (FCIArb) and of the College of Commercial Arbitrators (CCA). She writes and speaks frequently on arbitration topics, and teaches arbitration and advocacy as an adjunct professor at Georgetown University Law Center and American University Washington College of Law.
Ms. Kalicki has been widely recognized for her leadership in the field. In February 2016, Law360 named Ms. Kalicki one of the “Five Most Influential Female International Arbitrators” in the world.
Louis B. Kimmelman, Partner, Sidley Austin LLP
Benno Kimmelman is co-chair of the firm’s global International Arbitration practice. He focuses on the arbitration and litigation of complex commercial and investment treaty disputes as well as litigation in aid of the arbitration process. Benno regularly represents U.S. and foreign clients, as well as sovereign entities, in international disputes before arbitral tribunals and state and federal courts in the United States. He has acted as lead counsel in numerous cases before the leading international arbitration institutions and has served as an arbitrator in international disputes.
He is an adjunct professor of law at Brooklyn Law School, where he teaches International Commercial Arbitration and International Litigation, as well as an Adviser to the American Law Institute project on the Restatement of the U.S. Law of International Commercial Arbitration. He served as chair of the International Commercial Disputes Committee of the Association of the Bar of the City of New York. Benno is listed as a leading practitioner of international arbitration in Legal 500 United States and in Chambers USA 2013: America's Leading Lawyers for Business, where he is described as "an outstanding advocate." Additionally, Benno is recognized as a Litigation Star in the United States in the 2014 edition of Benchmark Litigation.
Dana MacGrath, Counsel, Sidley Austin LLP
Dana MacGrath has a broad range of experience in international arbitration and litigation as well as U.S. litigation. Dana focuses on the arbitration and litigation of complex commercial disputes and litigation in aid of arbitration. Dana has participated in numerous arbitrations before the leading international arbitration institutions as well as ad hoc arbitration panels. She also has served as an arbitrator in ICC international arbitrations. Recent international arbitration matters have involved a variety of business and industries, including oil and gas, LNG, finance, joint ventures, and international investment vehicles.
In the context of international litigation, Dana has represented both U.S. and foreign parties regarding the enforceability of arbitration agreements and arbitral awards under the New York Convention. She has also been involved in disputes regarding forum selection and choice of law clauses, sovereign immunity and discovery in the international context. Dana is recognized as a leading practitioner of international arbitration in Chambers USA 2012: America’s Leading Lawyers for Business: “Dana MacGrath is noted for her experience in commercial arbitration and wins acclaim for her work serving a range of clients in complex disputes. Sources attest to her expertise and credit her as being ‘extremely hardworking and very smart.’“ Dana is also recognized as a leading practitioner in Expert Guide’s Guide to the World’s Leading Experts in Commercial Arbitration 2013.
Dana is a member of the Finance Committee of the newly launched New York International Arbitration Center (NYIAC). She is a member of the International Commercial Disputes Committee of the Association of the Bar of the City of New York and coordinates the Annual New York City Bar Vis Moot Practice Session. Dana is an adjunct professor of law at Brooklyn Law School, where she teaches a seminar on international commercial arbitration and coaches the Brooklyn Vis Moot team. Dana is Chair of Y-ADR, the young arbitrators group of the CPR Institute. She writes and speaks frequently on the subject of international dispute resolution.
Jack McKay, Partner, Pillsbury Winthrop Shaw Pittman LLP
Mr. McKay is a member of Pillsbury's Litigation/Arbitration group with more than 30 years of experience in courts across the United States and in dozens of arbitrations, domestic, and international. His clients include significant businesses in the United States and abroad.
Litigation in disputes concerning technology and energy contracts has been a staple of Mr. McKay's practice. He has litigated the development, sale, and implementation of computer hardware and software; represented the manufacturer of the primary mirror of the Hubble Space Telescope; and directed the most significant litigation to date over the transportation and storage of spent nuclear fuel. Energy related work has included international litigation/arbitration for foreign clients in disputes regarding coal deliveries, importation issues, and intellectual property rights. Mr. McKay has complemented this experience by litigating a wide variety of joint venture, partnership, and other contractual agreements created to exploit business opportunities.
Mr. McKay serves as an arbitrator under the auspices of the American Arbitration Association, and lectures on international arbitration conducted under the rules of the ICC and other dispute resolution rules.
Fernando Navarro Sánchez, Client Relations Manager, JAMS Mexico
Fernando Navarro Sánchez is the Client Relations Manager for JAMS in Mexico. He also supports the practice development of JAMS in other Latin American countries. Mr. Navarro Sánchez is a frequent speaker and a professor of negotiation and mediation. He also works as a legal consultant in Mexico and Central America for a global solar energy company.
Fernando received her law degree at the Universidad Autonoma de San Luis Potosi, Mexico and a Master’s Degree in dispute resolution from the Straus Institute for Dispute Resolution at Pepperdine University in California. Before his LL.M.
Mr. Navarro Sánchez was a JAMS-Weinstein International Fellowship, Class of 2013 and is member of the Mexican Bar Association, the National Association for Corporate Counsel (Mexico); the International Academy of Mediators (Mentee – Mentorship Program); and the Mexican Academy for Energy Law.
Monique Sasson, Co-Managing Editor of the ITA Arbitration Report and of World Trade and Arbitration Materials
Monique Sasson is the Co-Managing Editor of the ITA Arbitration Report and the Co-Managing Editor of World Trade and Arbitration Materials.
Ms. Sasson initially qualified as an Italian Avvocato and practiced at Chiomenti Studio Legale in Rome, where she appeared before arbitral tribunals and Italian courts. In 2000, she joined Herbert Smith’s international arbitration and litigation practice group in London. She qualified as an English solicitor (and subsequently as a solicitor advocate), and acted in a number of international commercial arbitration cases as well as litigation matters. In 2006, Monique began a doctoral programme in public international law at the University of Cambridge, with a concentration on investment treaty arbitration. Her doctoral thesis studied the roles of municipal law and international law in investment treaty awards. In 2009 she obtained her Ph.D. and in 2010 she published a monograph titled "Substantive Law in Investment Treaty Arbitration: the Unsettled Relationship between International Law and Municipal Law" (Kluwer).
Laurence Shore, Partner, Herbert Smith Freehills LLP
Laurence Shore is a dual United States/United Kingdom qualified lawyer whose practice area is international arbitration.
Laurence has been the lead counsel in a large number of arbitration cases under, for example, the UNCITRAL, ICC, LCIA, Cairo Regional Centre, ICDR, and Swiss Arbitration Rules. He also sits as an arbitrator (ICC, ICDR, Cairo Regional Centre, LCIA, and UNCITRAL Rules). In addition to his work as an arbitration practitioner, Laurence tries cases in the United States courts. Laurence is a member of the New York, District of Columbia, and Virginia Bars. He is also a solicitor of the Supreme Court of England & Wales (with rights of audience as a solicitor-advocate, Higher Courts, Civil).
Prior to joining Herbert Smith Freehills, Laurence was a partner in the New York City office of Gibson, Dunn & Crutcher LLP; prior to Gibson Dunn, Laurence was a partner in the London, England, office of Herbert Smith LLP. He also has served as an attorney-adviser international in the Office of the Legal Adviser, United States Department of State, and he was a litigation associate at Williams & Connolly in Washington, D.C. His law degree is from the Emory University School of Law, where he was Editor-in-Chief of the Emory Law Journal (1988-89). He earned a Ph.D. degree and a Master’s degree in American History from The Johns Hopkins University (Baltimore, Maryland). His undergraduate degree is from the University of North Carolina at Chapel Hill, where he graduated with a Bachelor of Arts in History, with highest honors.
Eduardo Silva Romero, Partner, Dechert LLP
Eduardo Silva Romero, co-Chair of Dechert’s International Arbitration global practice, focuses his practice on arbitration matters, particularly international disputes involving States and State entities, as well as Spanish and Latin American parties.
An acknowledged expert in international arbitration, Mr. Silva Romero has supervised numerous proceedings before arbitration panels worldwide. Former Deputy Counsel, Counsel, and Deputy Secretary General of the ICC International Court of Arbitration, Mr. Silva Romero has far-reaching experience including international sales and distribution contracts, construction, oil, M&A and electricity-related disputes. He has advised on arbitration matters conducted under the auspices of the ICC, ICSID, AAA and the Stockholm Chamber of Commerce as well as in ad- hoc proceedings under the UNCITRAL arbitration rules. As an arbitrator, Mr. Silva Romero has acted in more than 100 arbitrations. In February 2006, he was appointed by the Republic of Colombia as one of its arbitrators at ICSID.
Mr. Silva Romero is recognized as a leading lawyer by The Legal 500 EMEA 2015 which notes that his "high experience and international prestige" impresses clients. The Legal 500 Latin America 2014 describes him as “one of the most impressive experts in international arbitration.” He is also consistently recommended by the Global Arbitration Review, Legal 500 EMEA, Chambers Global, Chambers Europe, Chambers Latin America, Practical Law Company’s Which Lawyer?, Décideurs Stratégie Finance Droit and The International Who’s Who of Commercial Arbitration and Energy.
Mr. Silva Romero is a lecturer on Investment Arbitration and International Contracts at the Paris Institute for Political Studies (Sciences Po), on Arbitration at the University of Paris-Dauphine (Paris IX) and Director and Professor of International Law at the University of Rosario’s Law School in Bogota. He is also a regular speaker at numerous conferences, seminars and courses in Europe, the US and Latin America. He is also the co-Secretary-General of the Arbitration Academy. Mr. Silva Romero has published dozens of books and articles on international arbitration and other matters.
Hernando Otero, Fellow and Adjunct Professor, American University Washington College of Law
Hernando Otero is a Fellow at the American University Washington College of Law Center on International Commercial Arbitration where he teaches arbitration and mediation. He also serves as a mediator with the District of Columbia’s Superior Court. He has served as an arbitrator before the World Bank’s International Center for Settlement of Investment Disputes (ICSID) and has been appointed as an arbitrator by the International Chamber of Commerce’s (ICC) Court of Arbitration, the Bogota Chamber of Commerce Arbitration and Conciliation Center’s (CAC) Court of Arbitration and the Financial Industry Regulatory Authority (FINRA) in the United States. He has also appeared as counsel of record in proceedings under the ICSID Convention, the ICSID Additional Facility and the UNCITRAL Arbitration Rules pursuant to multilateral and bilateral trade and investment treaties (FTAs and BITs) and commercial agreements. Hernando Otero is on the London Court International Arbitration’s (LCIA) database of arbitrators and on the panel of international arbitrators of the Hong Kong International Arbitration Centre (HKIAC), the Shanghai International Economic and Trade Arbitration Commission (SHIAC) and the Kuala Lumpur Regional Centre for Arbitration (KLRCA).
Ms. Whitesell is a professor and director of international dispute resolution programmes at Georgetown University Law Center where she acts as an academic adviser to the school’s international arbitration and dispute resolution programme for LLM students.
Ms. Whitesell has been ranked as a Notable Practitioner for International Arbitration by both Chambers Global 2013 and Chambers USA 2013, referral guides to leading lawyers based on the opinions of their clients and peers. She has also been listed in Commercial Arbitration by Who’s Who Legal 2013 and recommended as a National International Arbitration Litigation Star by Benchmark Litigation 2012. Additionally, in 2012, Ms. Whitesell was recognized by Legal 500 Latin America for international arbitration and named one of Benchmark Litigation’s Top 250 Female Litigators in America.
Anne Marie Whitesell was Of Counsel at Dechert LLP and worked as a member of the firm’s International Arbitration practice group. She was based in the Washington, D.C. office but worked closely with their offices in Paris. Before working at Dechert, Ms. Whitesell was Secretary General of the ICC International Court of Arbitration from 2001 to 2007. She supervised approximately 1,100 international arbitration cases each year involving parties from more than 120 countries. She also worked closely with the 126 members of the International Court of Arbitration, who hailed from 88 different countries, and contributed to the institution’s profile and reputation around the world.
Ms. Whitesell is currently an Adjunct Professor at the Georgetown University Law Center and regularly lectures on international arbitration in conferences and training programs, including programs for judges. Previously, she was also a lecturer at the Université de Paris I, Panthéon-Sorbonne and the Institut de Droit Comparé (Université de Paris II). She has published many articles on international arbitration, and is on the advisory board or council of numerous organizations. She is listed as an arbitrator with several institutions, including the International Center for Dispute Resolution (ICDR – AAA), the Korean Commercial Arbitration Board (KCAB), and the Serbian Foreign Trade Court of Arbitration at the Serbian Chamber of Commerce and Industry.